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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Broadband Connections for Rural
Opportunities Program Act of 2016'' or the ``B-CROP Act of 2016''.
SEC. 2. ACCESS TO BROADBAND TELECOMMUNICATIONS SERVICES IN RURAL AREAS.
Section 601 of the Rural Electrification Act of 1936 (7 U.S.C.
950bb) is amended--
(1) in subsection (a), by striking ``loans and'' and
inserting ``grants, loans, and'';
(2) in subsection (c)--
(A) in the subsection heading, by striking ``Loans
and'' and inserting ``Grants, Loans, and'';
(B) in paragraph (1), by inserting ``make grants
and'' after ``Secretary shall''; and
(C) by striking paragraph (2) and inserting the
following:
``(2) Priority.--
``(A) In general.--In making grants, loans, or loan
guarantees under paragraph (1), the Secretary shall--
``(i) establish 1 ongoing evaluation period
for each fiscal year to compare grant, loan,
and loan guarantee applications and to
prioritize grants, loans, and loan guarantees
to all or part of rural communities that do not
have residential broadband service that meets
the minimum acceptable level of broadband
service established under subsection (e);
``(ii) give the highest priority to
applicants that offer to provide broadband
service to the greatest proportion of unserved
rural households or rural households that do
not have residential broadband service that
meets the minimum acceptable level of broadband
service established under subsection (e), as--
``(I) certified by the affected
community, city, county, or designee;
or
``(II) demonstrated on--
``(aa) the broadband map of
the affected State if the map
contains address-level data; or
``(bb) the National
Broadband Map if address-level
data is unavailable; and
``(iii) provide equal consideration to all
qualified applicants, including those that have
not previously received grants, loans, or loan
guarantees under paragraph (1).
``(B) Other.--After giving priority to the
applicants described in subparagraph (A), the Secretary
shall then give priority to projects that serve rural
communities--
``(i) with a population of less than 10,000
permanent residents;
``(ii) experiencing out-migration;
``(iii) with a high percentage of low-
income residents; and
``(iv) that are isolated from other
significant population centers.
``(3) Grant amounts.--
``(A) Eligibility.--To be eligible for a grant
under this section, the project that is the subject of
the grant shall be carried out in a rural area.
``(B) Maximum.--Except as provided in subparagraph
(D), the amount of any grant made under this section
shall not exceed 50 percent of the development costs of
the project for which the grant is provided.
``(C) Grant rate.--The Secretary shall establish
the grant rate for each project in accordance with
regulations issued by the Secretary that shall provide
for a graduated scale of grant rates that establish
higher rates for projects in communities that have--
``(i) remote locations;
``(ii) low community populations;
``(iii) low income levels;
``(iv) developed the applications of the
communities with the participation of, and will
receive a portion of the funding for the
project from, combinations of stakeholders,
including--
``(I) State, local, and tribal
governments;
``(II) nonprofit institutions;
``(III) community anchor
institutions, such as--
``(aa) public libraries;
``(bb) elementary schools
and secondary schools (as
defined in section 8101 of the
Elementary and Secondary
Education Act of 1965 (20
U.S.C. 7801));
``(cc) institutions of
higher education; and
``(dd) health care
facilities;
``(IV) private entities; and
``(V) philanthropic organizations;
and
``(v) targeted funding to provide the
minimum acceptable level of broadband service
established under subsection (e) in all or part
of an unserved community that is below that
minimum acceptable level of broadband service.
``(D) Secretarial authority to adjust.--The
Secretary may make grants of up to 75 percent of the
development costs of the project for which the grant is
provided to an eligible entity if the Secretary
determines that the project serves a remote or low
income area that does not have access to broadband
service from any provider of broadband service
(including the applicant).'';
(3) in subsection (d)--
(A) in paragraph (1)(A)--
(i) in the matter preceding clause (i), by
striking ``loan or'' and inserting ``grant,
loan, or'';
(ii) in clause (ii), by striking ``a loan
application'' and inserting ``an application'';
and
(iii) in clause (iii)--
(I) by striking ``the loan
application'' and inserting ``the
application''; and
(II) by striking ``proceeds from
the loan made or guaranteed under this
section are'' and inserting
``assistance under this section is'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) in the matter preceding clause
(i)--
(aa) by striking ``the
proceeds of a loan made or
guaranteed'' and inserting
``assistance''; and
(bb) by striking ``for the
loan or loan guarantee'' and
inserting ``of the eligible
entity''; and
(II) in clause (ii), by striking
``3'' and inserting ``2''; and
(ii) in subparagraph (C), by striking
clause (ii) and inserting the following:
``(ii) Exceptions.--Clause (i) shall not
apply if the applicant is eligible for funding
under another title of this Act.'';
(C) in paragraph (3), in subparagraph (A), by
striking ``loan or'' and inserting ``grant, loan, or'';
(D) in paragraph (4), by striking ``loan or'' and
inserting ``grant, loan, or'';
(E) in paragraph (5)(A), in the matter preceding
clause (i), by striking ``loan or'' and inserting
``grant, loan, or'';
(F) in paragraph (6), by striking ``loan or'' and
inserting ``grant, loan, or'';
(G) in paragraph (7), by striking ``a loan
application'' and inserting ``an application''; and
(H) by adding at the end the following:
``(11) Technical assistance and training.--
``(A) In general.--The Secretary shall provide to
eligible entities described in paragraph (1) technical
assistance and training--
``(i) to prepare reports and surveys
necessary to request grants, loans, and loan
guarantees under this section for broadband
deployment;
``(ii) to improve management, including
financial management, relating to the proposed
broadband deployment;
``(iii) to prepare applications for grants,
loans, and loan guarantees under this section;
or
``(iv) to assist with other areas of need
identified by the Secretary.
``(B) Funding.--Not less than 3 percent and not
more than 5 percent of amounts appropriated to carry
out this section for a fiscal year shall be used for
technical assistance and training under this
paragraph.'';
(4) in subsection (f), by striking ``make a loan or loan
guarantee'' and inserting ``provide assistance'';
(5) in subsection (j)--
(A) in the matter preceding paragraph (1), by
striking ``loan and loan guarantee'';
(B) in paragraph (1), by inserting ``grants and''
after ``number of'';
(C) in paragraph (2)--
(i) in subparagraph (A), by striking
``loan''; and
(ii) in subparagraph (B), by striking
``loans and'' and inserting ``grants, loans,
and''; and
(D) in paragraph (3), by striking ``loan'';
(6) by redesignating subsections (k) and (l) as subsections
(l) and (m), respectively;
(7) by inserting after subsection (j) the following:
``(k) Broadband Buildout Data.--
``(1) In general.--As a condition of receiving a grant,
loan, or loan guarantee under this section, a recipient of
assistance shall provide to the Secretary address-level
broadband buildout data that indicates the location of new
broadband service that is being provided or upgraded within the
service territory supported by the grant, loan, or loan
guarantee--
``(A) for purposes of inclusion in the semiannual
updates to the National Broadband Map that is managed
by the Federal Communications Commission (referred to
in this subsection as the `Commission'); and
``(B) not later than 30 days after the earlier of--
``(i) the date of completion of any project
milestone established by the Secretary; or
``(ii) the date of completion of the
project.
``(2) Address-level data.--Effective beginning on the date
the Commission receives data described in paragraph (1), the
Commission shall use only address-level broadband buildout data
for the National Broadband Map.
``(3) Corrections.--
``(A) In general.--The Secretary shall submit to
the Commission any correction to the National Broadband
Map that is based on the actual level of broadband
coverage within the rural area, including any requests
for a correction from an elected or economic
development official.
``(B) Incorporation.--Not later than 30 days after
the date on which the Commission receives a correction
submitted under subparagraph (A), the Commission shall
incorporate the correction into the National Broadband
Map.
``(C) Use.--If the Secretary has submitted a
correction to the Commission under subparagraph (A),
but the National Broadband Map has not been updated to
reflect the correction by the date on which the
Secretary is making a grant or loan award decision
under this section, the Secretary may use the
correction submitted under that subparagraph for
purposes of make the grant or loan award decision.'';
(8) in subsection (l) (as redesignated by paragraph (6))--
(A) in paragraph (1), by striking ``$25,000,000''
and inserting ``$50,000,000''; and
(B) in paragraph (2)(A)--
(i) in clause (i), by striking ``and'' at
the end;
(ii) in clause (ii), by striking the period
at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) set aside at least 1 percent to be
used for--
``(I) conducting oversight under
this section; and
``(II) implementing accountability
measures and related activities
authorized under this section.''; and
(9) in subsection (m) (as redesignated by paragraph (6)),
by striking ``loan or'' and inserting ``grant, loan, or''. | Broadband Connections for Rural Opportunities Program Act of 2016 or the B-CROP Act of 2016 This bill amends the Rural Electrification Act of 1936 to include grants in the Department of Agriculture (USDA) program that provides loans and loan guarantees for broadband telecommunications services in rural areas. In making grants, loans, or loan guarantees under the program, USDA must give the highest priority to applicants that offer to provide broadband service to the greatest proportion of unserved rural households or rural households that do not have the minimum acceptable level of residential broadband service. USDA must then give priority to projects to serve rural communities that: have a population of less than 10,000 permanent residents, are experiencing out-migration, have a high percentage of low-income residents, and are isolated from other significant population centers. A grant may not exceed 50% of the development cost of the project. USDA may increase the limit to 75% for projects that serve a remote or low-income area that does not have access to broadband service from any provider. USDA must: (1) provide technical assistance and training to entities that are eligible for the loans, loan guarantees, or grants; and (2) use a specified portion of the appropriations provided for the program for this purpose. The bill sets forth reporting requirements for recipients of the grants, loans, or loan guarantees. | {"src": "billsum_train", "title": "B-CROP Act of 2016"} | 2,610 | 276 | 0.68821 | 2.05636 | 0.853981 | 3.244444 | 9.207407 | 0.859259 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserving Access to Medicaid for
Americans Act of 2016''.
SEC. 2. ELIMINATION OF MOE REQUIREMENT FOR CHIP ELIGIBILITY.
Section 2105(d)(3) of the Social Security Act (42 U.S.C.
1397ee(d)(3)) is amended by striking ``September 30, 2019'' and
inserting ``the date of the enactment of the Preserving Access to
Medicaid for Americans Act of 2016''.
SEC. 3. ELIMINATION OF DSH CUTS FOR STATES NOT IMPLEMENTING ACA
EXPANSION.
(a) In General.--Section 1923(f)(7) of the Social Security Act (42
U.S.C. 1396r-4(f)(7)) is amended--
(1) in subparagraph (A)--
(A) in clause (i)--
(i) in the matter preceding subclause (I),
by striking ``each of fiscal years 2018 through
2025'' and inserting ``fiscal year 2018 and
each subsequent fiscal year''; and
(ii) in subclause (I)--
(I) by striking ``the amount
specified under the DSH health reform
methodology under subparagraph (B)''
and inserting ``the amount of the
aggregate reduction target''; and
(II) by striking ``DSH allotments
to States'' and inserting ``the DSH
allotment to each expansion State''
each place it appears;
(B) in clause (ii)--
(i) in the matter preceding subclause (I),
by striking ``The aggregate reductions'' and
inserting ``In applying subparagraph (B), the
aggregate reduction targets'';
(ii) in subclause (VII), by striking
``and'' at the end;
(iii) in subclause (VIII), by striking the
period at the end and inserting ``; and''; and
(iv) by adding at the end the following new
subclause:
``(IX) $8,000,000,000 for fiscal
year 2026 and, subject to subparagraph
(C), each subsequent fiscal year.'';
(C) by amending clause (iv) to read as follows:
``(iv) Definitions.--For purposes of this
paragraph:
``(I) The term `expansion State'
means, for a fiscal year, a State that,
as of the date that is 180 days before
the start of such fiscal year, provides
for eligibility under clause (i)(VIII)
or (ii)(XX) of section 1902(a)(10)(A)
for medical assistance under this title
(or a waiver of the State plan approved
under section 1115).
``(II) The term `non-expansion
State' means, for a fiscal year, a
State that is not an expansion State
for such fiscal year.''; and
(D) in clause (v), by striking ``Distribution of
aggregate reductions.--The Secretary shall distribute
the aggregate reductions'' and inserting ``Distribution
of aggregate reduction targets.--The Secretary shall
distribute the aggregate reduction targets under clause
(ii) among all the States (including non-expansion
States)'';
(2) in subparagraph (B), by adding at the end the following
new clause:
``(iv) The methodology imposes reduction
targets as if the reductions under subparagraph
(A) were applied to all States, including non-
expansion States.''; and
(3) by adding at the end the following new subparagraph:
``(C) Extension of reduction for expansion states
to pay for elimination of reduction for non-expansion
states.--The aggregate amount of reductions under
subparagraph (A) for fiscal years after fiscal year
2025 shall not exceed the sum of the aggregate
reduction targets distributed under clause (v) to non-
expansion States for fiscal years 2018 through 2025.''.
(b) Conforming Amendment.--Section 1923(f)(8) of the Social
Security Act (42 U.S.C. 1396r-4(f)(8)) is amended by striking ``fiscal
year 2025'' and inserting ``the last fiscal year for which a reduction
is made under paragraph (7)(A)''. | Preserving Access to Medicaid for Americans Act of 2016 This bill amends titles XIX (Medicaid) and XXI (Children's Health Insurance Program) (CHIP) of the Social Security Act to eliminate: (1) certain Medicaid payment reductions with respect to states that did not implement Medicaid expansion under the Patient Protection and Affordable Care Act, and (2) specified maintenance of effort requirements with respect to CHIP. | {"src": "billsum_train", "title": "Preserving Access to Medicaid for Americans Act of 2016"} | 1,012 | 91 | 0.510656 | 1.235454 | 0.513229 | 1.688312 | 10.766234 | 0.675325 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Export Promotion Reform Act''.
SEC. 2. IMPROVED COORDINATION EXPORT PROMOTION ACTIVITIES OF FEDERAL
AGENCIES.
Section 2312 of the Export Enhancement Act of 1988 (relating to the
Trade Promotion Coordinating Committee; 15 U.S.C. 4727) is amended--
(1) in subsection (b)--
(A) in paragraph (5), by striking ``and'' after the
semicolon;
(B) by redesignating paragraph (6) as paragraph
(7); and
(C) by inserting after paragraph (5) the following:
``(6) in making the assessments under paragraph (5), review
the proposed annual budget of each agency described in
paragraph (5), under procedures established by the TPCC for
such review, before the agency submits that budget to the
Office of Management and Budget and the President for inclusion
in the budget of the United States submitted to Congress under
section 1105(a) of title 31, United States Code; and'';
(2) in subsection (c)--
(A) by redesignating paragraphs (3) through (6) as
paragraphs (4) through (7), respectively; and
(B) by inserting after paragraph (2) the following:
``(3) in conducting the review and developing the plan
under paragraph (2), take into account recommendations from a
representative number of United States exporters, in particular
small businesses and medium-sized businesses, and
representatives of United States workers;''; and
(3) by adding at the end the following:
``(g) Implementation.--The President shall take such steps as are
necessary to provide the chairperson of the TPCC with the authority to
ensure that the TPCC carries out each of its duties under subsection
(b) and develops and implements the strategic plan under subsection
(c).
``(h) Definition.--In this section, the term `small business' means
a small business concern as defined under section 3 of the Small
Business Act (15 U.S.C. 632).''.
SEC. 3. EFFECTIVE DEPLOYMENT OF U.S. COMMERCIAL SERVICE RESOURCES.
Section 2301(c)(4) of the Export Enhancement Act of 1988 (relating
to the United States and Foreign Commercial Service; 15 U.S.C.
4721(c)(4)) is amended--
(1) by redesignating subparagraphs (B) through (F) as
subparagraphs (C) through (G), respectively; and
(2) by striking ``(4) Foreign offices.--(A) The Secretary
may'' and inserting the following:
``(4) Foreign offices.--(A)(i) In consultation with the
Trade Promotion Coordinating Committee, the Secretary shall
conduct a global assessment of overseas markets to determine
those with the greatest potential for increasing United States
exports, and to deploy the Commercial Service personnel and
other resources on the basis of the global assessment.
``(ii) The assessment conducted under clause (i) shall take
into account recommendations from a representative number of
United States exporters, in particular small- and medium-sized
businesses, and representatives of United States workers.
``(iii) Not later than 6 months after the date of enactment
of the Export Promotion Reform Act, the Secretary shall submit
to Congress results of the global assessment conducted under
clause (i) and a plan for deployment of Commercial Service
personnel and other resources on the basis of the global
assessment.
``(iv) The Secretary shall conduct an assessment and
deployment described in clause (i) not less than once in every
5-year period.
``(B) The Secretary may''.
SEC. 4. STRENGTHENED U.S. COMMERCIAL DIPLOMACY IN SUPPORT OF U.S.
EXPORTS.
(a) Development of Plan.--Section 207(c) of the Foreign Service Act
of 1980 (22 U.S.C. 3927(c)) is amended by inserting before the period
at the end the following: ``, including through the development of a
plan, drafted in consultation with the Trade Promotion Coordinating
Committee, for effective diplomacy to remove or reduce obstacles to
exports of United States goods and services''.
(b) Assessments and Promotions.--Section 603(b) of the Foreign
Service Act of 1980 (22 U.S.C. 4003(b)) is amended, in the second
sentence, by inserting after ``expertise'' the following: ``and (with
respect to members of the Service with responsibilities relating to
economic affairs) of the effectiveness of efforts to promote the export
of United States goods and services in accordance with a commercial
diplomacy plan developed pursuant to section 207(c),''.
(c) Inspector General.--Section 209(b) of the Foreign Service Act
of 1980 (22 U.S.C. 3929(b)) is amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) by redesignating paragraph (5) as paragraph (6); and
(3) by inserting after paragraph (4) the following new
paragraph:
``(5) the effectiveness of commercial diplomacy relating to
the promotion of exports of United States goods and services;
and''. | Export Promotion Reform Act - Amends the Export Enhancement Act of 1988 to require the Trade Promotion Coordinating Committee (TPCC), in assessing the appropriate levels and allocation of resources among agencies in support of export promotion and export financing, to review the proposed annual budget of each agency before the agency submits it to the Office of Management and Budget (OMB) for inclusion in the budget the President submits to Congress. Requires the President to take necessary steps to grant the TPCC chairperson authority to ensure that the TPCC carries out each of its duties and develops and implements its governmentwide strategic plan for federal trade promotion efforts. Revises the authority of the Secretary of Commerce to establish foreign offices of the United States and Foreign Commercial Service. Requires the Secretary to: (1) conduct every five years a global assessment of overseas markets to determine those with the greatest potential for increasing U.S. exports, and (2) deploy Commercial Service personnel and other resources on the basis of the global assessment. Amends the Foreign Service Act of 1980 to require the U.S. Foreign Service chief of mission to a foreign country, in promoting U.S. goods and services for export to that country, to do so through the development of a plan, drafted in consultation with the TPCC, for effective diplomacy to remove or reduce obstacles to exports of such goods and services. Requires the precepts for selection boards responsible for recommending promotions into and within the Senior Foreign Service, especially members with economic affairs responsibilities, to emphasize performance which demonstrates the effectiveness of efforts to promote the export of U.S. goods and services in accordance with a commercial diplomacy plan. Requires the inspections, investigations, and audits of the Inspector General of the Department of State to examine the effectiveness of commercial diplomacy relating to the promotion of exports of U.S. goods and services. | {"src": "billsum_train", "title": "Export Promotion Reform Act"} | 1,174 | 411 | 0.650006 | 2.074638 | 0.830279 | 3.474926 | 3.082596 | 0.849558 |
SECTION 1. SMALL AGRI-BIODIESEL PRODUCER CREDIT.
(a) In General.--Subsection (a) of section 40A of the Internal
Revenue Code of 1986 is amended to read as follows:
``(a) General Rule.--For purposes of section 38, the biodiesel
fuels credit determined under this section for the taxable year is an
amount equal to the sum of--
``(1) the biodiesel mixture credit, plus
``(2) the biodiesel credit, plus
``(3) in the case of an eligible small agri-biodiesel
producer, the small agri-biodiesel producer credit.''.
(b) Small Agri-Biodiesel Producer Credit Defined.--Subsection (b)
of section 40A of such Code is amended by adding at the end the
following new paragraph:
``(5) Small agri-biodiesel producer credit.--
``(A) In general.--The small agri-biodiesel
producer credit of any eligible small agri-biodiesel
producer for any taxable year is 10 cents for each
gallon of qualified agri-biodiesel production of such
producer.
``(B) Qualified agri-biodiesel production.--For
purposes of this paragraph, the term `qualified agri-
biodiesel production' means any agri-biodiesel which is
produced by an eligible small agri-biodiesel producer,
and which during the taxable year--
``(i) is sold by such producer to another
person--
``(I) for use by such other person
in the production of a qualified
biodiesel mixture in such other
person's trade or business (other than
casual off-farm production),
``(II) for use by such other person
as a fuel in a trade or business, or
``(III) who sells such agri-
biodiesel at retail to another person
and places such agri-biodiesel in the
fuel tank of such other person, or
``(ii) is used or sold by such producer for
any purpose described in clause (i).
``(C) Limitation.-- The qualified agri-biodiesel
production of any producer for any taxable year shall
not exceed 15,000,000 gallons.''.
(c) Definitions and Special Rules.--Section 40A of such Code is
amended by redesignating subsection (e) as subsection (f) and by
inserting after subsection (d) the following new subsection:
``(e) Definitions and Special Rules for Small Agri-Biodiesel
Producer Credit.--For purposes of this section--
``(1) Eligible small agri-biodiesel producer.--The term
`eligible small agri-biodiesel producer' means a person who, at
all times during the taxable year, has a productive capacity
for agri-biodiesel not in excess of 60,000,000 gallons.
``(2) Aggregation rule.--For purposes of the 15,000,000
gallon limitation under subsection (b)(5)(C) and the 60,000,000
gallon limitation under paragraph (1), all members of the same
controlled group of corporations (within the meaning of section
267(f)) and all persons under common control (within the
meaning of section 52(b) but determined by treating an interest
of more than 50 percent as a controlling interest) shall be
treated as 1 person.
``(3) Partnership, s corporations, and other pass-thru
entities.--In the case of a partnership, trust, S corporation,
or other pass-thru entity, the limitations contained in
subsection (b)(5)(C) and paragraph (1) shall be applied at the
entity level and at the partner or similar level.
``(4) Allocation.--For purposes of this subsection, in the
case of a facility in which more than 1 person has an interest,
productive capacity shall be allocated among such persons in
such manner as the Secretary may prescribe.
``(5) Regulations.--The Secretary may prescribe such
regulations as may be necessary--
``(A) to prevent the credit provided for in
subsection (a)(3) from directly or indirectly
benefiting any person with a direct or indirect
productive capacity of more than 60,000,000 gallons of
agri-biodiesel during the taxable year, or
``(B) to prevent any person from directly or
indirectly benefiting with respect to more than
15,000,000 gallons during the taxable year.
``(6) Allocation of small agri-biodiesel credit to patrons
of cooperative.--
``(A) Election to allocate.--
``(i) In general.-- In the case of a
cooperative organization described in section
1381(a), any portion of the credit determined
under subsection (a)(3) for the taxable year
may, at the election of the organization, be
apportioned pro rata among patrons of the
organization on the basis of the quantity or
value of business done with or for such patrons
for the taxable year.
``(ii) Form and effect of election.--An
election under clause (i) for any taxable year
shall be made on a timely filed return for such
year. Such election, once made, shall be
irrevocable for such taxable year.
``(B) Treatment of organizations and patrons.--
``(i) Organizations.-- The amount of the
credit not apportioned to patrons pursuant to
subparagraph (A) shall be included in the
amount determined under subsection (a)(3) for
the taxable year of the organization.
``(ii) Patrons.--The amount of the credit
apportioned to patrons pursuant to subparagraph
(A) shall be included in the amount determined
under such subsection for the first taxable
year of each patron ending on or after the last
day of the payment period (as defined in
section 1382(d)) for the taxable year of the
organization or, if earlier, for the taxable
year of each patron ending on or after the date
on which the patron receives notice from the
cooperative of the apportionment.
``(iii) Special rules for decrease in
credits for taxable year.--If the amount of the
credit of the organization determined under
such subsection for a taxable year is less than
the amount of such credit shown on the return
of the organization for such year, an amount
equal to the excess of--
``(I) such reduction, over
``(II) the amount not apportioned
to such patrons under subparagraph (A)
for the taxable year,
shall be treated as an increase in tax imposed
by this chapter on the organization. Such
increase shall not be treated as tax imposed by
this chapter for purposes of determining the
amount of any credit under this chapter or for
purposes of section 55.''.
(d) Small Agri-Biodiesel Credit not a Passive Activity Credit.--
Clause (i) of section 469(d)(2)(A) of such Code, as amended by section
2, is further amended by striking ``section 40(a)(3)'' and inserting
``sections 40(a)(3) and 40A(a)(3)''.
(e) Small Agri-Biodiesel Producer Credit not Added Back to Income
Under Section 87.--Section 87 of such Code, as amended by section 2, is
further amended by striking ``and'' at the end of paragraph (2) and by
striking paragraph (3) and inserting the following new paragraphs:
``(3) the biodiesel mixture credit determined with respect
to the taxpayer for the taxable year under section 40A(a)(1),
and
``(4) the biodiesel credit determined with respect to the
taxpayer for the taxable year under section 40A(a)(2).''.
(f) Conforming Amendments.--
(1) Paragraph (4) of section 40A(b) of such Code is amended
by striking ``this section'' and inserting ``paragraph (1) or
(2) of subsection (a)''.
(2) The heading of subsection (b) of section 40A of such
Code is amended by striking ``and Biodiesel Credit'' and
inserting ``, Biodiesel Credit, and Small Agri-Biodiesel
Producer Credit''.
(3) Paragraph (3) of section 40A(d) of such Code is amended
by redesignating subparagraph (C) as subparagraph (D) and by
inserting after subparagraph (B) the following new
subparagraph:
``(C) Producer credit.--If--
``(i) any credit was determined under
subsection (a)(3), and
``(ii) any person does not use such fuel
for a purpose described in subsection
(b)(5)(B),
then there is hereby imposed on such person a tax equal
to 10 cents a gallon for each gallon of such agri-
biodiesel.''.
(g) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 2. IMPROVEMENTS TO SMALL ETHANOL PRODUCER CREDIT AND SMALL AGRI-
BIODIESEL PRODUCER CREDIT.
(a) Definition of Small Ethanol Producer.--Section 40(g) of the
Internal Revenue Code of 1986 (relating to definitions and special
rules for eligible small ethanol producer credit) is amended by
striking ``30,000,000'' each place it appears and inserting
``60,000,000''.
(b) Small Ethanol Producer Credit not a Passive Activity Credit.--
Clause (i) of section 469(d)(2)(A) of such Code is amended by striking
``subpart D'' and inserting ``subpart D, other than section
40(a)(3),''.
(c) Small Ethanol Producer Credit not Added Back to Income Under
Section 87.--Section 87 of such Code (relating to income inclusion of
alcohol fuel credit) is amended to read as follows:
``SEC. 87. ALCOHOL FUEL CREDIT.
``Gross income includes--
``(1) the amount of the alcohol mixture credit determined
with respect to the taxpayer for the taxable year under section
40(a)(1),
``(2) the alcohol credit determined with respect to the
taxpayer for the taxable year under section 40(a)(2), and
``(3) the biodiesel fuels credit determined with respect to
the taxpayer for the taxable year under section 40A(a).''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Amends the Internal Revenue Code to revise the tax credit for biodiesel used as fuel to include a credit for the production of agri-biodiesel fuel equal to 10 cents for each gallon produced. Limits: (1) the amount of qualified agri-biodiesel production of a producer to 15 million gallons for any taxable year; and (2) eligible producers to those with a productive capacity not exceeding 60 million gallons.
Revises the small ethanol producer tax credit to: (1) expand the eligibility of small ethanol producers for the credit; (2) exclude the credit from the definition of passive activity credit; and (3) exclude credit amounts from inclusion in gross income. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide for a small agri-biodiesel producer credit and to improve the small ethanol producer credit."} | 2,446 | 152 | 0.663519 | 1.590436 | 0.67993 | 2.038462 | 15.769231 | 0.838462 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Welfare Reform and Responsibility
Act of 1993''.
SEC. 2. WORK REQUIRED IN EXCHANGE FOR AID TO FAMILIES WITH DEPENDENT
CHILDREN.
(a) States Required to Include a CWEP in the JOBS Program.--Section
482(d)(1)(A) of the Social Security Act (42 U.S.C. 682(d)(1)(A)) is
amended--
(1) in clause (i)--
(A) by striking ``and'' at the end of subclause
(III); and
(B) by adding at the end the following:
``(V) community work experience programs as
described in subsection (f); and''; and
(2) in clause (ii)--
(A) in subclause (II) by inserting ``and'' at the
end;
(B) in subclause (III), by striking ``; and'' and
inserting a period; and
(C) by striking subclause (IV).
(b) States Required to Enroll AFDC Recipients who are not
Participating in the JOBS Program and are not Exempt From Such
Participation in a CWEP.--Section 402(a) of such Act (42 U.S.C. 602(a))
is amended--
(1) in paragraph (44), by striking ``and'' after the
semicolon;
(2) in paragraph (45), by striking the period and inserting
``; and''; and
(3) by inserting after paragraph (45) the following:
``(46)(A) require each recipient of aid under the plan who
has received such aid for at least 6 consecutive months, is not
participating in the program of the State under part F or any
other program which offers substantially equivalent education,
job training, or work activities designed to lead to
employment, and is not described by any clause of paragraph
(19)(C), to participate in the State community work experience
program established in accordance with section 482(f) for a
number of hours per month equal to the amount of such aid
payable monthly with respect to the family of which the
recipient is a member, divided by the greater of the Federal
minimum hourly wage or the applicable State minimum hourly
wage;
``(B) prohibit any such aid recipient from being assigned
to any position of employment which was created before the date
of the enactment of this paragraph; and
``(C) require the State to regularly inspect and report to
the Secretary and the Secretary of Labor on the sites,
facilities, and procedures of the community work experience
program.''.
SEC. 3. FRAUD REDUCTION.
(a) States Required to Operate Toll-Free Telephone Number to
Receive Reports of Fraud or Abuse.--Section 402(a) of the Social
Security Act (42 U.S.C. 602(a)), as amended by section 1(b) of this
Act, is amended--
(1) in paragraph (45), by striking ``and'' after the
semicolon;
(2) in paragraph (46), by striking the period and inserting
``; and''; and
(3) by inserting after paragraph (46) the following:
``(47) require the State to operate on a 24-hour-a-day
basis, and publicize the existence of, a telephone number to
which calls may be placed, without charge to the caller, to
report fraud or abuse in the program carried out under the
plan.
(b) Limitation on Authorization of Appropriations for the Office of
Investigations in the Office of Inspector General of the Department of
Health and Human Services.--For the Office of Investigations in the
Office of Inspector General, Department of Health and Human Services,
there are authorized to be appropriated not to exceed $60,000,000 for
fiscal year 1994.
SEC. 4. ASSESSMENTS OF NEEDS AND SKILLS; EMPLOYABILITY PLANS.
Section 402(a) of the Social Security Act (42 U.S.C. 602(a)), as
amended by the preceding provisions of this Act, is amended--
(1) in paragraph (46), by striking ``and'' after the
semicolon;
(2) in paragraph (47), by striking the period and inserting
``; and''; and
(3) by inserting after paragraph (47) the following:
``(48) provide that--
``(A) during the first month after the effective
date of this paragraph in which aid is received under
the plan, the requirements of section 482(b)(1) shall
apply with respect to the recipient; and
``(B) the employability plan developed for the
recipient must--
``(i) be designed to move the recipient
from aid to work in not more than 2 years;
``(ii) set specific goals and timetables
for reaching such goals; and
``(iii) be reviewed and updated not less
frequently than every 6 months.''.
SEC. 5. ELIGIBILITY REVIEW.
Section 402(a) of the Social Security Act (42 U.S.C. 602(a)), as
amended by the preceding provisions of this Act, is amended--
(1) in paragraph (47), by striking ``and'' after the
semicolon;
(2) in paragraph (48), by striking the period and inserting
``; and''; and
(3) by inserting after paragraph (48) the following:
``(49)(A) provide for the establishment of panels, each
composed of 3 former State judges, to--
``(i) annually review the circumstances of
recipients of aid under the plan who have received such
aid for 2 consecutive years;
``(ii) determine whether or not the recipient has
fully participated in the program of the State under
part F and has made an effort to become employed, and,
if not, whether or not circumstances beyond the control
of the recipient have prevented such full participation
or employment; and
``(iii) reduce the amount of such aid payable to
the recipient if the recipient is not meeting the
participation requirements of the program under part F;
and
``(B) provide that the procedures established or required
by section 482(h) be used to resolve all disputes arising out
of determinations of such panels.''.
SEC. 6. FAMILY PROVISIONS.
(a) States Required to Offer Parenting Courses to All Teenage
Parents not in School.--Section 402(a) of the Social Security Act (42
U.S.C. 602(a)), as amended by the preceding provisions of this Act, is
amended--
(1) in paragraph (48), by striking ``and'' after the
semicolon;
(2) in paragraph (49), by striking the period and inserting
``; and''; and
(3) by inserting after paragraph (49) the following:
``(50) require the State to make available to all parents
in the State who have not attained the age of 20 years and who
are not attending school, a course of instruction in parenting
which includes topics such as family planning, health,
nutrition, and child development.''.
(b) States Required to Establish Incentives to Use Certain
Contraceptive Methods.--
(1) In general.--Section 402(a) of the Social Security Act
(42 U.S.C. 602(a)), as amended by the preceding provisions of
this Act, is amended--
(A) in paragraph (49), by striking ``and'' after
the semicolon;
(B) in paragraph (50), by striking the period and
inserting ``; and''; and
(C) by inserting after paragraph (50) the
following:
``(51) require the State to establish a program that
provides incentives for recipients of aid under the plan to use
implanted, temporary, hormonal contraceptive devices.''.
(2) Payments to states.--Section 403 of such Act (42 U.S.C.
603) is amended by adding at the end the following:
``(o) In addition to any payment under subsection (a) or (l), each
State shall be entitled to payments from the Secretary of an amount
equal to the Federal medical assistance percentage (as defined in
section 1905(b)) of the expenditures by the State in operating the
program required by section 402(a)(51).''.
SEC. 7. EXPANSION OF JOB TRAINING AND EDUCATIONAL OPPORTUNITIES.
Section 403(l)(1)(A) of the Social Security Act (42 U.S.C.
603(l)(1)(A)) is amended--
(1) in clause (i), by striking ``and'';
(2) in clause (ii), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(iii) notwithstanding clauses (i) and (ii), with respect
to so much of such expenditures in a fiscal year as exceed 60
percent of the State's expenditures to carry out a program
under part F in the fiscal year 1992, 100 percent.''.
SEC. 8. WORK INCENTIVES; REDUCTION OF BARRIERS TO EMPLOYMENT.
(a) Earned Income Disregard Changed to Encourage Employment.--
(1) In general.--Section 402(a)(8)(B)(ii) of the Social
Security Act (42 U.S.C. 602(a)(8)(B)(ii)) is amended--
(A) in subclause (I), by striking ``--'' and all
that follows through ``(b)''; and
(B) in subclause (II)--
(i) by striking ``the provisions of
subclause (II) of such subparagraph to any
month after such month, or apply''; and
(ii) by striking ``either''.
(2) Conforming amendments.--
(A) Section 402(a)(37) of such Act (42 U.S.C.
602(a)(37)) is amended by striking ``paragraph
(8)(B)(ii)(II)'' and inserting ``the inapplicability of
paragraph (8)(A)(iv)''.
(B) Section 402(g)(1)(A)(ii) of such Act (42 U.S.C.
602(g(1)(a)(II)) is amended by striking ``subsection
(a)(8)(B)(ii)(II)'' and inserting ``the inapplicability
of subsection (a)(8)(A)(iv)''.
(C) Section 482(e)(2)(G)(ii) of such Act (42 U.S.C.
682(e)(2)(G)(ii)) is amended by striking ``the
provisions of subparagraph (A)(iv)'' and all that
follows and inserting ``section 402(a)(8)(A)(iv)
without regard to the time limitation of such
section''.
(D) Section 1925(a)(1) of such Act (42 U.S.C.
1396r-6(a)(1)) is amended by striking ``section
402(a)(8)(B)(ii)(II)'' and inserting ``the
inapplicability of section 402(a)(8)(A)(iv)''.
(b) Optional State Extension of Medicaid Enrollment for Certain
Former AFDC Recipients.--
(1) Optional extension for 2 additional years.--
(A) In general.--Section 1925(b)(1) of such Act (42
U.S.C. 1396r-6(b)(1)) is amended by striking the period
at the end and inserting the following: ``, and may
provide that the State shall offer to each such family
the option of extending coverage under this subsection
for any of the first 4 succeeding 6-month periods, in
the same manner and under the same conditions as the
option of extending coverage under this subsection for
the first succeeding 6-month period.''.
(B) Conforming amendment.--The heading for such
section is amended by striking ``Requirement'' and
inserting ``In general''.
(2) Premium for additional extension periods based on
sliding scale.--
(A) In general.--Section 1925(b)(5)(B) of such Act
(42 U.S.C. 1396r-6(b)(5)(B)) is amended by adding at
the end the following new sentence: ``With respect to
such a premium in a premium payment period occurring
during the 2nd, 3rd, 4th, or 5th additional extension
period provided under this subsection, the State shall
(subject to subparagraph (C)) base the amount of the
premium on a sliding scale based on the family's
ability to pay the premium.''.
(B) Conforming amendment.--The heading for such
section is amended by striking ``offered'' and
inserting ``offered or family income''.
(3) Other conforming amendments.--Section 1925(b) of such
Act (42 U.S.C. 1396r-6(b)) is amended--
(A) in the heading, by striking ``Extension'' and
inserting ``Extensions'';
(B) in paragraph (2)(B)(ii)--
(i) in the heading, by striking ``period''
and inserting ``periods'', and
(ii) by striking ``in the period'' and
inserting ``in each of the 6-month periods'';
(C) in paragraph (3)(A), by striking ``the 6-month
period'' and inserting ``any 6-month period'';
(D) in paragraph (4)(A), by striking ``the
extension period'' and inserting ``any extension
period''; and
(E) in paragraph (5)(D)(i), by striking ``is a 3-
month period'' and all that follows and inserting the
following: ``is, with respect to a particular 6-month
additional extension period provided under this
subsection, a 3-month period beginning with the 1st or
4th month of such extension period.''.
(4) Effective date.--The amendments made by paragraphs (1),
(2), and (3) shall apply to calendar quarters beginning on or
after January 1, 1994.
(c) State Option to Extend Child Care for up to 3 Years.--Section
402(g)(1)(A)(iii) of such Act (42 U.S.C. 602(g)(1)(A)(iii)) is amended
by inserting ``(or, at the option of the State, a period of not more
than 36 months)'' after ``12 months''. | Welfare Reform and Responsibility Act of 1993 - Amends part F (Job Opportunities and Basic Skills Training Program) (JOBS Program) of title IV of the Social Security Act (SSA) to require States to include community work experience programs (CWEPs) in their JOBS Program.
Amends SSA title IV part A (Aid to Families with Dependent Children) (AFDC) to require States to: (1) enroll AFDC recipients who are not participating in a JOBS Program and are not exempt from such participation in a CWEP; (2) operate toll-free telephone numbers to receive reports of AFDC fraud or abuse; (3) apply JOBS program requirements regarding assessments of needs and skills to AFDC recipients; (4) develop individual employability plans, including specific goals and timetables, designed to move recipients from AFDC to work in not more than two years; (5) provide for the establishment of panels to review AFDC cases, evaluate AFDC recipients' participation in JOBS Programs, and reduce AFDC benefits if participation requirements are not met; (6) offer parenting courses to all teenage parents not in school; (7) establish a program providing incentives for AFDC recipients to use certain contraceptive methods; (8) revise payment provisions; (9) change the mechanism for disregarding earned income in order to encourage employment; and (10) give States the option of extending child care and Medicaid (SSA title XIX) enrollment for certain former AFDC recipients.
Authorizes appropriations for Inspector General investigations at the Department of Health and Human Services. | {"src": "billsum_train", "title": "Welfare Reform and Responsibility Act of 1993"} | 3,382 | 347 | 0.507306 | 1.568343 | 0.809708 | 2.554422 | 9.55102 | 0.887755 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Santa Ynez Band of Chumash Mission
Indians Land Transfer Act of 2013''.
SEC. 2. TRANSFER OF LAND IN TRUST FOR SANTA YNEZ BAND OF CHUMASH
MISSION INDIANS.
(a) Transfer and Administration.--
(1) Transfer of lands into trust.--If the Tribe transfers
title to the land described in subsection (b) to the United
States, the Secretary shall take that land into trust for the
benefit of the Tribe.
(2) Administration.--The land transferred under paragraph
(1) shall be part of the Santa Ynez Indian Reservation and
administered in accordance with the laws and regulations
generally applicable to land held in trust by the United States
for an Indian tribe.
(3) Effect.--For purposes of certain California State laws
(including the California Land Conservation Act of 1965,
Government Code Section 51200, et seq.), placing the land
described in subsection (b) into trust shall remove any
restrictions on the property pursuant to California Government
Code Section 51295 or any other provision of such Act.
(b) Legal Description of Lands Transferred.--The lands to be
transferred pursuant to this Act are described as follows:
Legal Land Description/Site Location:
Real property in the unincorporated area of the County of Santa
Barbara, State of California, described as follows:
PARCEL 1: (APN: 141-121-51 AND PORTION OF APN 141-140-10)
LOTS 9 THROUGH 18, INCLUSIVE, OF TRACT 18, IN THE COUNTY OF SANTA
BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE
SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN
RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE
RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105580 OF OFFICIAL
RECORDS.
PARCEL 2: (PORTION OF APN: 141-140-10)
LOTS 1 THROUGH 12, INCLUSIVE, OF TRACT 24, IN THE COUNTY OF SANTA
BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE
SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN
RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE
RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105581 OF OFFICIAL
RECORDS.
PARCEL 3: (PORTIONS OF APNS: 141-230-23 AND 141-140-10)
LOTS 19 AND 20 OF TRACT 18 AND THAT PORTION OF LOTS 1, 2, 7, 8, 9, 10,
AND 15 THROUGH 20, INCLUSIVE, OF TRACT 16, IN THE COUNTY OF SANTA
BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE
SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN
RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
THAT LIES NORTHEASTERLY OF THE NORTHEASTERLY LINE OF THE LAND GRANTED
TO THE STATE OF CALIFORNIA BY AN EXECUTOR'S DEED RECORDED APRIL 2, 1968
IN BOOK 2227, PAGE 136 OF OFFICIAL RECORDS OF SAID COUNTY.
THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE
RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105582 OF OFFICIAL
RECORDS.
PARCEL 4: (APN: 141-240-02 AND PORTION OF APN: 141-140-10)
LOTS 1 THROUGH 12, INCLUSIVE, OF TRACT 25, IN THE COUNTY OF SANTA
BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE
SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN
RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE
RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105583 OF OFFICIAL
RECORDS.
PARCEL 5: (PORTION OF APN: 141-230-23)
THAT PORTION OF LOTS 3 AND 6 OF TRACT 16, IN THE COUNTY OF SANTA
BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE
SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN
RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
THAT LIES NORTHEASTERLY OF THE NORTHEASTERLY LINE OF THE LAND GRANTED
TO THE STATE OF CALIFORNIA BY AN EXECUTOR'S DEED RECORDED APRIL 2, 1968
IN BOOK 2227, PAGE 136 OF OFFICIAL RECORDS OF SAID COUNTY.
THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE
RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105584 OF OFFICIAL
RECORDS.
(c) Rules of Construction.--Nothing in this Act shall--
(1) enlarge, impair, or otherwise affect any right or claim
of the Tribe to any land or interest in land that is in
existence before the date of the enactment of this Act;
(2) affect any water right of the Tribe in existence before
the date of the enactment of this Act; or
(3) terminate any right-of-way or right-of-use issued,
granted, or permitted before the date of the enactment of this
Act.
(d) Restricted Use of Transferred Lands.--The Tribe may not
conduct, on the land described in subsection (b) taken into trust for
the Tribe pursuant to this Act, gaming activities--
(1) as a matter of claimed inherent authority; or
(2) under any Federal law, including the Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.) and regulations
promulgated by the Secretary or the National Indian Gaming
Commission under that Act.
(e) Definitions.--For the purposes of this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Tribe.--The term ``Tribe'' means the Santa Ynez Band of
Chumash Mission Indians. | Santa Ynez Band of Chumash Mission Indians Land Transfer Act of 2013 - Directs the Secretary of the Interior to take specified lands in Santa Barbara County, California, into trust for the Santa Ynez Band of Chumash Mission Indians if the Tribe transfers title to that land to the United States. (Placing that land into trust removes certain restrictions on the property under California law.) Makes that land part of the Santa Ynez Indian Reservation. Prohibits gambling on the land. | {"src": "billsum_train", "title": "Santa Ynez Band of Chumash Mission Indians Land Transfer Act of 2013"} | 1,736 | 113 | 0.566512 | 1.491826 | 0.947706 | 3.261364 | 13.647727 | 0.920455 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Major Regulation Cost Review Act of
2004''.
SEC. 2. REQUIREMENT FOR PERIODIC REVIEW OF ALL MAJOR RULES.
(a) Requirement.--Chapter 6 of title 5, United States Code, is
amended by inserting after section 610 the following new section:
``Sec. 610a. Periodic review of major rules
``(a) Requirement for Review of Major Rules.--Not later than 180
days after the date of the enactment of the Major Regulation Cost
Review Act of 2004, each agency shall publish in the Federal Register a
plan for the periodic review of all the major rules issued by the
agency. Such plan may be amended by the agency at any time by
publishing the revision in the Federal Register.
``(b) Purpose of Review.--The purpose of the review shall be to
determine whether such rules should be continued without change, or
should be amended or rescinded, consistent with the stated objectives
of applicable statutes.
``(c) Review Within Five Years.--The plan shall provide for the
review of all such agency rules existing on the effective date of the
Major Regulation Cost Review Act of 2004 within five years after that
date and for the review of such rules adopted after such effective date
within five years after the publication of such rules as the final
rule. If the head of the agency determines that completion of the
review of existing rules is not feasible by the established date, the
head of the agency shall so certify in a statement published in the
Federal Register and may extend the completion date by one year at a
time for a total of not more than five years.
``(d) Factors to Consider.--In reviewing major rules in a manner
consistent with the stated objectives of applicable statutes, the
agency shall consider the following factors:
``(1) The continued need for the rule.
``(2) The nature of complaints or comments received
concerning the rule from the public.
``(3) The complexity of the rule.
``(4) The extent to which the rule overlaps, duplicates, or
conflicts with other Federal rules, and, to the extent
feasible, with State and local governmental rules.
``(5) The length of time since the rule has been evaluated
or the degree to which technology, economic conditions, or
other factors have changed in the area affected by the rule.
``(e) Cost-Benefit Analysis.--The review shall include a cost-
benefit analysis of the rule, using the standard cost-benefit
methodology included in Office of Management and Budget Circular A-4
(relating to regulatory analysis and issued September 17, 2003). The
cost-benefit analysis shall include an identification and consideration
of a range of less costly regulatory alternatives.
``(f) Publication of List of Rules to Be Reviewed.--Each year, each
agency shall publish in the Federal Register a list of the major rules
which are to be reviewed pursuant to this section during the succeeding
12 months and which are to be included in the accounting statement and
associated report submitted to Congress by the Director of the Office
of Management and Budget under paragraph (4) of section 624(a) of the
Treasury and General Government Appropriations Act, 2001 (as added by
section 3 of the Major Regulation Cost Review Act of 2004). The list
shall include a brief description of each such major rule and the need
for and legal basis of such rule, and shall invite public comment upon
the rule.
``(g) Major Rule Defined.--In this section, the term `major rule'
has the meaning provided by section 804 of this title.''.
(b) Clerical Amendment.--The table of sections for chapter 6 of
title 5, United States Code, is amended by inserting after the item
relating to section 610 the following new item:
``610a. Periodic review of major rules.''.
SEC. 3. REQUIREMENTS FOR OMB RELATING TO ANNUAL ACCOUNTING STATEMENT.
(a) Requirement to Include List of Rules to Be Reviewed in Annual
Accounting Statement.--Section 624(a) of the Treasury and General
Government Appropriations Act, 2001 (as enacted into law by Public Law
106-554; 114 Stat. 2763A-161), is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) a list of the major rules which are to be reviewed by
each agency, during the year following the year in which the
statement and report are submitted, pursuant to section 610a of
title 5, United States Code.''.
(b) Requirement to Use Agency Cost-Benefit Estimates in Annual
Accounting Statement.--Section 624 of the Treasury and General
Government Appropriations Act, 2001 (as enacted into law by Public Law
106-554; 114 Stat. 2763A-161), is amended--
(1) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively; and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Use of Agency Cost-Benefit Analyses Required.--To carry out
subsection (a), the Director of the Office of Manage | Major Regulation Cost Review Act of 2004 - Amends Federal civil service law to require each Federal agency to publish in the Federal Register a plan, which may be amended at any time by publishing a revision, for the periodic review of all the major rules issued by the agency. Requires that the plan provide for review within five years after publication as a final rule, with a five year extension permitted.
Directs the agency, in reviewing major rules, to consider: (1) the continued need for the rule; (2) the nature of complaints or comments received from the public concerning the rule; (3) the complexity of the rule; (4) the extent to which the rule overlaps, duplicates, or conflicts with other Federal rules, and with State and local governmental rules; and (5) the length of time since the rule has been evaluated or the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule.
Requires that: (1) the review include a cost-benefit analysis of the rule, including an identification and consideration of a range of less costly regulatory alternatives; and (2) each year each agency publish a list of the major rules which are to be reviewed and which are to be included in the accounting statement and associated report submitted to Congress by the Director of the Office of Management and Budget.
Makes conforming changes to the Treasury and General Government Appropriations Act, 2001. | {"src": "billsum_train", "title": "To require agencies to review all major rules within 10 years after issuance, including a cost-benefit analysis using a standard government-wide methodology, and for other purposes."} | 1,218 | 298 | 0.743842 | 2.072828 | 0.855257 | 6.723776 | 3.91958 | 0.954545 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keeping Families in their Home Act
of 2012''.
SEC. 2. BANK LEASING OF FORECLOSED PROPERTIES.
(a) In General.--Section 18 of the Federal Deposit Insurance Act
(12 U.S.C. 1828) is amended by adding at the end the following:
``(aa) Leasing of Foreclosed Property.--
``(1) Leasing authorized.--
``(A) In general.--A depository institution or any
affiliate of a depository institution, subject to this
subsection and regulations prescribed under this
subsection, may lease to any person, including a lease
with an option to purchase or a right of first refusal,
for not to exceed 5 years, an interest in residential
property which--
``(i) was or is security for an extension
of credit by such depository institution or
affiliate; and
``(ii) came under the ownership or control
of the depository institution or affiliate
through foreclosure, or a deed in lieu of
foreclosure, on the extension of credit.
``(B) Preemption.--Subparagraph (A) shall apply,
notwithstanding any other provision of Federal or State
law--
``(i) restricting the time during which a
depository institution or any affiliate of a
depository institution may hold or lease
property; or
``(ii) prohibiting a depository institution
or any affiliate of a depository institution
from leasing property.
``(2) Safety and soundness regulations.--The Federal
banking agencies shall jointly prescribe regulations which--
``(A) establish criteria and minimum requirements
for the leasing activity of any depository institution
or affiliate of a depository institution, including
minimum capital requirements, that the agencies
determine to be appropriate for the preservation of the
safety and soundness of the depository institution or
affiliate;
``(B) establish requirements or exceptions that the
agencies determine are appropriate under this
subsection for any such depository institution or
affiliate for any other purpose; and
``(C) provide for appropriate actions under section
38 with respect to any such lease, as necessary to
protect the capital or safety and soundness of the
depository institution or affiliate or any other
necessary enforcement action.
``(3) Length of lease.--If any provision of any Federal or
State law, including the Bank Holding Company Act of 1956,
governing the permissible activities of depository institutions
or affiliates of depository institutions permits a depository
institution or any such affiliate to hold property as described
in paragraph (1) for a period longer than 5 years, any lease
under paragraph (1) may be extended to the extent permitted by
such provision of law.
``(4) Sunset.--This section shall apply only with respect
to leases entered into during the 3-year period beginning on
the date of enactment of the Keeping Families in their Home Act
of 2012.''.
(b) Intent of Congress.--It is the intent of Congress that--
(1) no permanent change in policy on leasing foreclosed
property is established by virtue of the enactment of this
section with respect to depository institutions and depository
institution holding companies; and
(2) subsection (aa) of section 18 of the Federal Deposit
Insurance Act (as added by this section) should not apply to
leases entered into after the sunset date contained in such
subsection.
SEC. 3. GOVERNMENT SPONSORED ENTERPRISE LEASING OF FORECLOSED
PROPERTIES.
(a) In General.--For the purpose of mitigating losses to the
taxpayer and stabilizing home prices, an enterprise may market for
rental any real estate owned properties and assets of such enterprises
and enter into lease agreements with lessees, as the Federal Housing
Finance Agency determines appropriate, prior to the sale of such
properties and assets, except that any such lease agreement shall be
for a term that is not longer than 5 years. Authority to enter into
leasing agreements pursuant to this subsection shall terminate 3 years
after the date of enactment of this Act.
(b) Enterprise Defined.--The term ``enterprise'' means--
(1) the Federal National Mortgage Association; and
(2) the Federal Home Loan Mortgage Corporation. | Keeping Families in their Home Act of 2012 - Amends the Federal Deposit Insurance Act to authorize any depository institution (or affiliate) to lease, including lease with an option to purchase or a right of first refusal, to any individual for up to five years an interest in residential property which: (1) was or is security for an extension of credit by such depository institution (or affiliate), and (2) came under the institution's or affiliate's ownership or control through foreclosure (or a deed in lieu of foreclosure) on the extension of credit.
Preempts any federal or state law that would: (1) restrict the time during which a depository institution or its affiliate may hold or lease property, or (2) prohibit a depository institution or its affiliate from leasing property.
Directs the federal banking agencies to prescribe specified joint safety and soundness regulations, including minimum capital requirements for such institutions or affiliates.
Permits extension of such a lease beyond five years if any federal or state law, including the Bank Holding Company Act of 1956, so permits.
Applies this Act only to leases entered into during the three-year period beginning on the date of the enactment of this Act.
Declares it is the intent of Congress that: (1) no permanent change in policy on leasing foreclosed property is being established with respect to depository institutions and depository institution holding companies, and (2) bank leasing of foreclosed property authorized under this Act should not apply to leases entered into after such three-year period.
Authorizes a government-sponsored enterprise (the Federal National Mortgage Association [Fannie Mae] or the Federal Home Loan Mortgage Corporation [Freddie Mac]) to market for rental, before sale, any of its real estate owned properties and assets as the Federal Housing Finance Agency (FHFA) determines appropriate. Restricts lease agreements to five years. | {"src": "billsum_train", "title": "A bill to authorize depository institutions, depository institution holding companies, Fannie Mae, and Freddie Mac to lease foreclosed property held by such entities for up to 5 years, and for other purposes."} | 927 | 398 | 0.703079 | 2.219456 | 0.824652 | 3.71547 | 2.337017 | 0.88674 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Patient Access to
Emergency Medications Act of 2016''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the use of controlled substances by emergency medical
services agencies to administer medical care and medicines to
individuals in the field is essential to save lives, manage
pain, and improve health outcomes;
(2) the unique nature of mobile emergency medical services
is unlike other healthcare services governed by the Controlled
Substances Act (21 U.S.C. 801 et seq.) in that it requires the
provision of time-sensitive and mobile medical care to
individuals with critical injuries and illnesses in the field
and movement of such individuals to definitive care;
(3) there have been few investigations by the Drug
Enforcement Administration related to diversion in emergency
medical services;
(4) one recent survey of large emergency medical services
agencies in the United States showed less than 20 diversions or
investigations for nearly 70,000 doses of controlled substances
administered;
(5) regulatory oversight to prevent diversion is essential
in all health care settings, including emergency medical
services;
(6) such oversight shall be carefully tailored to recognize
unique care delivery models, including the provision of medical
care to individuals by emergency medical services practitioners
under the supervision of a physician medical director; and
(7) such oversight should further promote uniformity of
rules, application and enforcement to prevent diversion and
establish clear guidelines within emergency medical services
while also recognizing the variety of emergency medical
services agencies including governmental, nongovernmental,
private, and volunteer emergency medical services agencies.
SEC. 3. EMERGENCY MEDICAL SERVICES.
Part C of the Controlled Substances Act (21 U.S.C. 821 et seq.) is
amended by adding at the end the following:
``SEC. 312. EMERGENCY MEDICAL SERVICES.
``(a) Definitions.--In this section--
``(1) the term `emergency medical services' means emergency
medical response, and emergency mobile medical services,
provided outside of a medical facility;
``(2) the term `emergency medical services agency' means an
organization providing emergency medical services, including an
organization that--
``(A) is governmental (including a fire-based
agency), nongovernmental (including a hospital-based
agency), private, or volunteer-based; and
``(B) provides emergency medical services by
ground, air, or otherwise;
``(3) the term `emergency medical services practitioner'
means a health care practitioner (including a nurse, a
paramedic, or an emergency medical technician) licensed or
certified by a State and credentialed by a medical director of
the respective emergency medical services agency to provide
emergency medical services to individuals within the scope of
the State license or certification of the practitioner;
``(4) the term `medical director' means a physician
providing medical oversight for an emergency medical services
agency;
``(5) the term `medical oversight' means supervision of
medical operations of an emergency medical services agency;
``(6) the term `standing order' means a written medical
protocol in which a medical director prescribes in advance the
medical criteria to be followed by emergency medical services
practitioners in administering a controlled substance to an
individual in need of emergency medical services;
``(7) the term `verbal order' means a verbal prescription
to be followed by an emergency medical services practitioner in
administering a controlled substance to an individual in need
of emergency medical services;
``(8) the term `online medical direction' means verbal
instructions provided by a physician to an emergency medical
services practitioner with regard to patient care and
treatment, including by radio or telephone; and
``(9) the term `registrant emergency medical services
agency' means an emergency medical services agency that
registers under subsection (b) or a hospital that--
``(A) owns and operates an emergency medical
services agency; and
``(B) is registered under its own hospital license.
``(b) Registration.--
``(1) In general.--For the purpose of enabling emergency
medical services practitioners to dispense controlled
substances in schedule II, III, IV, or V to ultimate users
receiving emergency medical services, the Attorney General
shall, at the request of the emergency medical services agency
employing such practitioners, register such emergency medical
services agency under section 303(f) in lieu of registering the
individual practitioners or 1 or more medical directors of such
agency.
``(2) Single registration.--In registering an emergency
medical services agency pursuant to paragraph (1), the Attorney
General shall require a single registration per State, not a
separate registration for each location of the emergency
medical services agency.
``(3) Guidance to registrants.--For purposes of providing
guidance to registrant emergency medical services agencies, the
Attorney General shall tailor such guidance to recognize--
``(A) the existing delivery of medical care and
medical oversight to patients with emergency medical
conditions; and
``(B) the variety of emergency medical service care
delivery models provided by emergency medical services
agencies.
``(c) Medical Oversight.--
``(1) In general.--Notwithstanding section 309--
``(A) a registrant emergency medical services
agency shall have 1 or more medical directors
responsible for medical oversight of the provision of
emergency medical services by the agency;
``(B) the medical director shall be a physician
licensed by the State in which the physician practices
medicine and in which the emergency medical services
agency is located;
``(C) subject to the authority provided by the
State or a political subdivision or other delegated
authority of such State, the responsibilities of the
medical director may include--
``(i) decisions with regard to
transportation destination of patients;
``(ii) approving all medical protocols,
including standing orders;
``(iii) overseeing patient care delivered
by emergency medical services practitioners of
the emergency medical services agency,
including--
``(I) the evaluation, treatment,
and interventions of patients;
``(II) online medical direction;
and
``(III) establishing drug
formularies and the dispensing and
administering of all medications and
controlled substances to patients;
``(iv) overseeing medical education and
training programs for emergency medical
services practitioners; and
``(v) overseeing quality improvement for
the emergency medical services agency; and
``(D) subject to the authority provided by the
State or a political subdivision or other delegated
authority of such State, controlled substances in
schedule II, III, IV, or V may be administered by the
emergency medical services practitioners of a
registrant emergency medical services agency in the
course of providing emergency medical services pursuant
to--
``(i) a standing order issued by 1 or more
medical directors of such agency; or
``(ii) an online medical direction that
includes a verbal order issued by 1 or more
medical directors, or other licensed physician,
in accordance with a policy of such agency
under the following circumstances--
``(I) the emergency medical
services practitioners request such an
order with regard to a specific patient
and the medical director verbally
provides such an order;
``(II) the medical director
provides verbal orders upon dispatching
emergency medical services
practitioners responding to an
unanticipated mass casualty incident;
or
``(III) other specific patient
situations in which the medical
director identifies a need to provide
such an order to ensure proper care and
treatment to patients.
``(2) Impermissible limitations on allowable
prescriptions.--In the case of administering a controlled
substance under paragraph (1), the medical directors of the
registrant emergency medical services agency shall not be
required--
``(A) to be present; or
``(B) to provide a written or oral prescription
with regard to a known individual before or at the time
of such administering.
``(3) Documentation.--
``(A) In general.--A registrant emergency medical
services agency shall keep any such standing order on
file and make such standing order available to the
Attorney General upon the request of the Attorney
General.
``(B) Policy.--A registrant emergency medical
services agency shall have a policy requiring
practitioners to document in the patient care chart a
verbal order was received from online medical direction
and a controlled substance was administered. Any such
administration of a controlled substance shall be
documented in the patient care chart as soon as
practicable and available to the Attorney General upon
the request of the Attorney General.
``(d) Receipt, Movement, and Storage of Controlled Substances.--
``(1) Receipt.--The registrant emergency medical services
agency--
``(A) may receive controlled substances at any
location of the agency designated by the agency for
such receipt; and
``(B) may not receive controlled substances at any
location not so designated.
``(2) Movement and delivery.--The registrant emergency
medical services agency may move or deliver controlled
substances within the possession of such agency between any
locations of such agency. A registrant emergency medical
services agency shall not be treated as a distributor of
controlled substances under this Act by reason of such movement
or distribution.
``(3) Storage.--Such agency--
``(A) may store controlled substances at any
location of the agency designated by the agency for
such storage; and
``(B) may not store controlled substances at any
location not so designated.
``(e) Rule of Construction.--Nothing in this section shall be
construed to--
``(1) alter any requirements under titles XVIII or XIX of
the Social Security Act; or
``(2) limit the authority vested in the Attorney General to
enforce diversion of controlled substances otherwise provided
in this Act.''. | Protecting Patient Access to Emergency Medications Act of 2016 This bill amends the Controlled Substances Act to direct the Drug Enforcement Administration (DEA) to register an emergency medical services (EMS) agency as an entity authorized to dispense controlled substances, instead of registering the individual practitioners or medical directors of the agency. A registered EMS agency must be overseen by one or more medical directors. The bill specifies that an EMS practitioner who is employed by a registered EMS agency may administer controlled substances under a standing order issued by a medical director. The standing order does not have to be specific to an individual patient. An EMS agency must keep the standing order on file and make it available to the DEA upon request. | {"src": "billsum_train", "title": "Protecting Patient Access to Emergency Medications Act of 2016"} | 2,124 | 155 | 0.481203 | 1.264374 | 0.676526 | 2.141791 | 15.462687 | 0.843284 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Neighbor Islands Veterans Health
Care Improvements Act of 2005''.
SEC. 2. VET CENTER ENHANCEMENTS.
(a) Additional Counselors for Certain Clinics.--The Secretary of
Veterans Affairs shall assign an additional counselor to each vet
center as follows:
(1) The vet center on the Island of Maui, Hawaii.
(2) The vet center in Hilo, Hawaii.
(b) Establishment of New Vet Center.--The Secretary shall establish
and operate a new vet center on the Island of Oahu, Hawaii, at a
location to be selected by the Secretary.
(c) Vet Center Defined.--In this section, the term ``vet center''
means a center for the provision of readjustment counseling and related
mental health services for veterans under section 1712A of title 38,
United States Code.
SEC. 3. HEALTH CARE CLINICS.
(a) Establishment of Clinics.--
(1) Satellite clinics.--The Secretary of Veterans Affairs
shall establish and operate a satellite health care clinic at a
location selected by the Secretary on each island as follows:
(A) The Island of Lanai, Hawaii.
(B) The Island of Molokai, Hawaii.
(2) Medical care clinic.--The Secretary may establish and
operate a medical care clinic at a location selected by the
Secretary on the west side of the Island of Kauai, Hawaii.
(b) Elements of Satellite Clinics.--Each satellite clinic
established under subsection (a)(1) shall include--
(1) a vet center, which shall provide readjustment
counseling and related mental health services for veterans
under section 1712A of title 38, United States Code; and
(2) a community based outpatient clinic (CBOC), which shall
provide to veterans--
(A) the medical services and other health-care
related services provided by community based outpatient
clinics operated by the Department of Veterans Affairs;
and
(B) such other care and services as the Secretary
considers appropriate.
(c) Staffing and Other Resources.--
(1) Satellite clinics.--(A) The staff of the satellite
clinics established under subsection (a)(1) shall be derived
from staff of the vet center, and of the community based
outpatient clinic, on the Island of Maui, Hawaii, who shall be
assigned by the Secretary to such satellite clinics under this
section. In making such assignments, the Secretary may not
reduce the size of the staff of the vet center, or of the
community based outpatient clinic, on the Island of Maui below
its size as of the date of the enactment of this Act.
(B) Each satellite clinic established under subsection
(a)(1) shall have a computer system of nature and quality
equivalent to the computer systems of the community based
outpatient clinics operated by the Department, including the
capability to conduct medical tracking.
(C) Each satellite clinic established under subsection
(a)(1) shall have appropriate telemedicine equipment.
(2) Medical care clinic.--The medical care clinic
established under subsection (a)(2) shall have such staff as
the Secretary considers appropriate for its activities.
(d) Hours of Operation.--
(1) Satellite clinics.--Each satellite clinic established
under subsection (a)(1) shall have hours of operation each week
determined by the Secretary. The number of hours so determined
for a week shall consist of a number of hours equivalent to not
less than three working days in such week.
(2) Medical care clinic.--The medical care clinic
established under subsection (a)(2) shall have such hours of
operation as the Secretary considers appropriate for its
activities.
SEC. 4. LONG-TERM CARE.
(a) Medical Care Foster Program.--The Secretary of Veterans Affairs
shall establish and operate on the Island of Oahu, Hawaii, a medical
care foster program. The program shall be established utilizing as a
model the Medical Care Foster Program at the Center Arkansas Veterans
Health Care System of the Department of Veterans Affairs.
(b) Additional Clinical Staff for Non-Institutional Long-Term
Care.--
(1) Assignment of staff.--The Secretary shall assign to the
community based outpatient clinics (CBOCs) of the Department of
Veterans Affairs referred to in paragraph (2) such additional
clinical staff as the Secretary considers appropriate in order
to ensure that such clinics provide non-institutional long-term
care for veterans in accordance with the provisions of subtitle
A of title I of the Veterans Millennium Health Care and
Benefits Act (Public Law 106-117) and the amendments made by
such provisions. Such additional clinical staff shall include a
home health nurse.
(2) Covered community based outpatient clinics.--The
community based outpatient clinics referred to in this
paragraph are the community based outpatient clinics as
follows:
(A) The community based outpatient clinic in Hilo,
Hawaii.
(B) The community based outpatient clinic on the
Island of Kauai, Hawaii.
(C) The community based outpatient clinic in Kona,
Hawaii.
(D) The community based outpatient clinic on the
Island of Maui, Hawaii.
SEC. 5. MENTAL HEALTH CARE.
(a) Establishment of Mental Health Center.--The Secretary of
Veterans Affairs shall establish and operate in Hilo, Hawaii, at an
appropriate location selected by the Secretary, a new center for the
provision of mental health care and services to veterans.
(b) Care and Treatment Available Through Center.--The mental health
center established under subsection (a) shall provide the following:
(1) Day mental health care and treatment.
(2) Outpatient mental health care and treatment.
(3) Such other mental health care and treatment as the
Secretary considers appropriate.
(c) Staff.--The mental health center established under subsection
(a) shall have as its staff a drug abuse counselor, a nurse
practitioner, and such other staff as the Secretary considers
appropriate for its activities.
SEC. 6. STUDY ON ACCESS TO SPECIALIZED CARE AND FEE-BASIS CARE.
(a) In General.--The Secretary of Veterans Affairs shall carry out
a study of the demand for, and access to, specialized care and fee-
basis care from the Department of Veterans Affairs for veterans on the
neighbor islands of Hawaii, including whether or not the specialized
care or fee-basis care, as the case may be, available to veterans from
the Department on the neighbor islands is adequate to meet the demands
of veterans for such care.
(b) Report.--Not later than six months after the date of the
enactment of this Act, the Secretary shall submit to the Committees on
Veterans' Affairs of the Senate and the House of Representatives a
report on the study required by subsection (a). The report shall set
forth the results of the study and include such recommendations for
legislative or administrative action as the Secretary considers
appropriate in light of the study.
SEC. 7. CONSTRUCTION OF MENTAL HEALTH CENTER AT TRIPLER ARMY MEDICAL
CENTER, HAWAII.
(a) Authorization of Major Medical Facility Project.--The Secretary
of Veterans Affairs may carry out a major medical facility project for
the construction of a mental health center at Tripler Army Medical
Center, Hawaii, in the amount of $10,000,000.
(b) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary of Veterans Affairs for fiscal year 2006 for the
Construction, Major Projects, account, $10,000,000 for the
project authorized by subsection (a).
(2) Limitation.--The project authorized by subsection (a)
may only be carried out using--
(A) funds appropriated for fiscal year 2006
pursuant to the authorization of appropriations in
paragraph (1);
(B) funds appropriated for Construction, Major
Projects, for a fiscal year before fiscal year 2006
that remain available for obligation; and
(C) funds appropriated for Construction, Major
Projects, for fiscal year 2006 for a category of
activity not specific to a project.
(c) Facilities.--The facilities at the mental health center
authorized to be constructed by subsection (a) shall include
residential rehabilitation beds for patients with Post Traumatic Stress
Disorder (PTSD) and such other facilities as the Secretary considers
appropriate.
SEC. 8. FUNDING.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Veterans Affairs for fiscal year 2006
such sums as may be necessary to carry out sections 2 through 6.
(b) Availability.--Amounts appropriated pursuant to the
authorization of appropriations in subsection (a) shall be available
only to carry out sections 2 through 6.
(c) Construction With Other Funding for Health Care for Veterans in
Hawaii.--It is the sense of Congress that the amount authorized to be
appropriated by subsection (a) for fiscal year 2006 should--
(1) supplement amounts authorized to be appropriated to the
Secretary of Veterans Affairs for that fiscal year for health
care for veterans in Hawaii for activities other than those
specified in sections 2 through 6; and
(2) not result in any reduction in the amount that would
have been appropriated to the Secretary of Veterans Affairs for
that fiscal year for health care for veterans in Hawaii for
such activities had the amount in subsection (a) not been
authorized to be appropriated. | Neighbor Islands Veterans Health Care Improvements Act of 2005 - Directs the Secretary of Veterans Affairs to assign an additional counselor to the vet center: (1) on the island of Maui, Hawaii; and (2) in Hilo, Hawaii.
Directs the Secretary to establish and operate a: (1) new vet center on the island of Oahu, Hawaii; and (2) satellite health care clinic on each of the islands of Lanai and Molokai. Authorizes the Secretary to establish and operate a medical care clinic on the west side of Kauai Island.
Directs the Secretary to: (1) establish and operate on Oahu a medical care foster program; (2) assign appropriate additional clinical staff to specified community based outpatient clinics in Hawaii; and (3) establish and operate in Hilo a new center for the provision of veterans' mental health care and services.
Directs the Secretary to study and report to the congressional veterans' committees on the demand for and access to specialized care and fee-basis care from the Department of Veterans Affairs for veterans on the neighbor islands of Hawaii.
Authorizes the Secretary to carry out a major medical facility project for the construction of a mental health center at Tripler Army Medical Center, Hawaii. | {"src": "billsum_train", "title": "A bill to improve the provision of health care and services to veterans in Hawaii, and for other purposes."} | 2,037 | 263 | 0.744683 | 2.096111 | 0.854029 | 4.435146 | 7.828452 | 0.970711 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Center for Bioengineering
Research Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Bioengineering is an interdisciplinary field that
applies physical, chemical, and mathematical sciences and
engineering principles to the study of biology, medicine,
behavior, and health. It advances knowledge from the molecular
to the organ systems level, and develops new and novel
biologics, materials, processes, implants, devices, and
informatics approaches for the prevention, diagnosis, and
treatment of disease, for patient rehabilitation, and for
improving health.
(2) Efforts to reduce Federal budget deficits require that
resources be managed in ways to maximize productivity.
(3) As part of the NIH Revitalization Act of 1993, Congress
asked for a report on the state of bioengineering research at
the National Institutes of Health.
(4) In 1994, as requested by the Congress, an External
Consultants Committee submitted a report to the Director of the
National Institutes of Health on support for bioengineering
research.
(5) In 1995, the Director of the National Institutes of
Health submitted a report to Congress on Support for
Bioengineering Research, that included recommendations for
greater coordination of bioengineering research.
(6) In 1996, an amendment to the National Institutes of
Health Revitalization Act of 1996 directed the Secretary of
Health and Human Services, acting through the Director of the
National Institutes of Health, to ``prepare and submit to the
Committee on Labor and Human Resources of the Senate and the
Committee on Commerce of the House of Representatives, a report
containing specific plans and timeframes on how the Director
will implement the findings and recommendations of the Report
to Congress entitled Support for Bioengineering Research
submitted to Congress in August 1995 in compliance with Public
Law 103-43, the National Institutes of Health (NIH)
Revitalization Act of 1993, Section 1912''. This legislation
passed the Senate but was not acted upon by the House.
(7) In the spring of 1997, the National Institutes of
Health established the Bioengineering Consortium, with
representation from each of the institutes, to advance
bioengineering and its mission within the National Institutes
of Health.
(8) Legislation is needed to support and further the
efforts already begun by the National Institutes of Health in
order to maximize the health benefits for the American people.
SEC. 3. ESTABLISHMENT OF NATIONAL CENTER FOR BIOENGINEERING RESEARCH.
(a) In General.--Subpart 2 of part C of title IV of the Public
Health Service Act (42 U.S.C. 285 et seq.) is amended by adding at the
end the following:
``SEC. 425A. NATIONAL CENTER FOR BIOENGINEERING RESEARCH.
``(a) Establishment.--The Director of the National Heart, Lung, and
Blood Institute shall establish, within the National Heart, Lung, and
Blood Institute, a National Center for Bioengineering Research (in this
section referred to as the `Center'). The Center shall be headed by a
director, who shall be appointed by the Director of the National Heart,
Lung, and Blood Institute.
``(b) Purpose.--The purpose of the Center is to--
``(1) promote basic research in bioengineering; and
``(2) establish an office to enhance the state of and
improve coordination of bioengineering research conducted
within the National Institutes of Health and throughout the
Federal Government.
``(c) Duties.--The Center shall--
``(1) enhance bioengineering research at the National
Institutes of Health by--
``(A) increasing the proportion of National
Institutes of Health funds that are devoted to basic
rather than applied bioengineering research;
``(B) improving the review of bioengineering grant
applications; and
``(C) increasing intramural research in
bioengineering;
``(2) convene a conference of bioengineering experts
representing relevant Federal agencies, academia, and private
sector entities to make recommendations to the Director of the
Center regarding--
``(A) setting the agenda of the Center; and
``(B) identifying promising research directions and
emerging needs and opportunities in bioengineering
research;
``(3) promote joint funding of collaborative bioengineering
research projects conducted by the national research institutes
and other agencies of the National Institutes of Health or
conducted by any such institute and another Federal entity;
``(4) enhance communication among bioengineering
investigators within Federal agencies and with private sector
entities;
``(5) educate members of Congress and the public on the
critical importance of bioengineering in enhancing the
diagnosis and treatment of disease and strengthening the
economy;
``(6) annually convene a group of bioengineering experts
from Federal agencies and private sector entities to advise the
Director of the Center; and
``(7) prepare and submit to Congress, through the Director
of the National Institutes of Health, an annual report.
``(d) Limitation.--The Center may not use amounts provided under
this section to award grants.
``(e) Authorization of Appropriations.--
``(1) For the center.--There is authorized to be
appropriated $750,000 for each fiscal year for the general
operation of the Center.
``(2) For general bioengineering activities.--There is
authorized to be appropriated $20,000,000 for each of the
fiscal years 1998 through 2007, to be allocated at the
discretion of the Director of NIH among the bioengineering
activities being carried out by the national research
institutes and other agencies of the National Institutes of
Health.''.
(b) Conforming Amendment.--Section 401(b)(2) of the Public Health
Service Act (42 U.S.C. 281(b)(2)) is amended by adding at the end the
following:
``(F) The National Center for Bioengineering Research.''. | National Center for Bioengineering Research Act - Establishes a National Center for Bioengineering Research within the National Heart, Lung, and Blood Institute to: (1) promote basic research in bioengineering; and (2) establish an office to enhance and improve coordination of bioengineering research conducted within the National Institutes of Health and throughout the Federal Government. Authorizes appropriations. | {"src": "billsum_train", "title": "National Center for Bioengineering Research Act"} | 1,317 | 85 | 0.626705 | 1.71042 | 0.738074 | 6.25 | 17.514706 | 0.926471 |
SECTION 1. TRANSFER OF LIGHTHOUSES.
(a) Authority To Transfer.--
(1) In general.--The Secretary may convey by any
appropriate means to the Washington State Parks and Recreation
Commission all right, title, and interest of the United States
in and to property comprising 1 or more of the Cape
Disappointment Lighthouse, North Head Lighthouse, and Point
Wilson Lighthouse.
(2) Identification of property.--The Secretary may
identify, describe, and determine property conveyed pursuant to
this section.
(b) Terms and Conditions.--
(1) In general.--The conveyance of property pursuant to
subsection (a) shall be made--
(A) without the payment of consideration; and
(B) subject to such terms and conditions as the
Secretary may consider appropriate.
(2) Reversionary interest.--In addition to any term or
condition established pursuant to paragraph (1), any conveyance
of property comprising Cape Disappointment Lighthouse, North
Head Lighthouse, or Point Wilson Lighthouse pursuant to this
section shall be subject to the condition that all right,
title, and interest in and to the property so conveyed shall
immediately revert to the United States if the property, or any
part thereof--
(A) ceases to be used as a center for public
benefit for the interpretation and preservation of
maritime history;
(B) ceases to be maintained in a manner that
ensures its present or future use as a Coast Guard aid
to navigation; or
(C) ceases to be maintained in a manner consistent
with the provisions of the National Historic
Preservation Act of 1966 (16 U.S.C. 470 et seq.).
(3) Required conditions.--Any conveyance of property
pursuant to this section shall be made subject to such
conditions as the Secretary considers to be necessary to assure
that--
(A) the lights, antennas, and associated equipment
located on the property conveyed, which are active aids
to navigation, shall continue to be operated and
maintained by the United States;
(B) the Washington State Parks and Recreation
Commission may not interfere or allow interference in
any manner with such aids to navigation without express
written permission from the Secretary of
Transportation;
(C) there is reserved to the United States the
right to relocate, replace, or add any aids to
navigation or make any changes on any portion of such
property as may be necessary for navigation purposes;
(D) the United States shall have the right, at any
time, to enter such property without notice for the
purpose of maintaining aids to navigation;
(E) the United States shall have an easement of
access to such property for the purpose of maintaining
the aids to navigation in use on the property; and
(F) the property shall be rehabilitated and
maintained by the owner in accordance with the
provisions of the National Historic Preservation Act of
1966 (16 U.S.C. 470 et seq.).
(4) Maintenance of certain equipment not required.--The
Washington State Parks and Recreation Commission shall not have
any obligation to maintain any active aid to navigation
equipment on property conveyed pursuant to this section.
(c) Definitions.--For purposes of this section, the term--
(1) ``Cape Disappointment Lighthouse'' means the Coast
Guard lighthouse located at Fort Canby State Park, Washington,
including--
(A) the lighthouse, excluding any lantern or lens
that is the personal property of the Coast Guard; and
(B) such land as may be necessary to enable the
Washington State Parks and Recreation Commission to
operate at that lighthouse a center for public benefit
for the interpretation and preservation of the maritime
history;
(2) ``North Head Lighthouse'' means the Coast Guard
lighthouse located at Fort Canby State Park, Washington,
including--
(A) the lighthouse, excluding any lantern or lens
that is the personal property of the Coast Guard;
(B) ancillary buildings; and
(C) such land as may be necessary to enable the
State of Washington to operate at that lighthouse a
center for public benefit for the interpretation and
preservation of maritime history;
(3) ``Point Wilson Lighthouse'' means the Coast Guard
lighthouse located at Fort Wooden State Park, Washington,
including--
(A) the lighthouse, excluding any lantern or lens
that is the personal property of the Coast Guard;
(B) 2 ancillary buildings; and
(C) such land as may be necessary to enable the
State of Washington to operate at that lighthouse a
center for public benefit for the interpretation and
preservation of maritime history; and
(4) ``Secretary'' means the Secretary of the department in
which the Coast Guard is operating. | Directs the Secretary of the department in which the Coast Guard is operating to convey to the Washington State Parks and Recreation Commission property comprising one or more of the Cape Disappointment Lighthouse, North Head Lighthouse, and Point Wilson Lighthouse.
Reverts such conveyed property to the United States if it or any part thereof ceases to be: (1) used as a center for public benefit for the interpretation and preservation of maritime history; or (2) maintained in a manner that ensures its present or future use as a Coast Guard aid to navigation or that is consistent with the provisions of the National Historic Preservation Act of 1966. | {"src": "billsum_train", "title": "To authorize the conveyance of certain lighthouses in the State of Washington."} | 1,005 | 135 | 0.616455 | 1.754885 | 0.545504 | 5.166667 | 7.925 | 0.933333 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Earned Income Tax
Credit Improvement and Simplification Act 2015''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Certain improvements in the earned income tax credit made
permanent.
Sec. 3. Strengthening the earned income tax credit for individuals with
no qualifying children.
Sec. 4. Taxpayer eligible for credit for individuals with no qualifying
children if qualifying children do not have
valid Social Security numbers.
Sec. 5. Credit allowed in case of certain separated spouses.
Sec. 6. Taxpayer eligible for credit without qualifying child if
qualifying child claimed by another member
of family.
Sec. 7. Elimination of disqualified investment income test.
SEC. 2. CERTAIN IMPROVEMENTS IN THE EARNED INCOME TAX CREDIT MADE
PERMANENT.
(a) Increase in Credit Percentage for Three or More Qualifying
Children Made Permanent.--Section 32(b)(1) of the Internal Revenue Code
of 1986 is amended to read as follows:
``(1) Percentages.--The credit percentage and the phaseout
percentage shall be determined in accordance with the following
table:
------------------------------------------------------------------------
``In the case of an eligible The credit The phaseout
individual with: percentage is: percentage is:
------------------------------------------------------------------------
1 qualifying child................... 34 15.98
2 qualifying children................ 40 21.06
3 or more qualifying children........ 45 21.06
No qualifying children............... 7.65 7.65''.
------------------------------------------------------------------------
(b) Reduction of Marriage Penalty Made Permanent.--
(1) In general.--Section 32(b)(2)(B) of such Code is
amended to read as follows:
``(B) Joint returns.--
``(i) In general.--In the case of a joint
return filed by an eligible individual and such
individual's spouse, the phaseout amount
determined under subparagraph (A) shall be
increased by $5,000.
``(ii) Inflation adjustment.--In the case
of any taxable year beginning after 2014, the
$5,000 amount in clause (i) shall be increased
by an amount equal to--
``(I) such dollar amount,
multiplied by
``(II) the cost of living
adjustment determined under section
1(f)(3) for the calendar year in which
the taxable year begins determined by
substituting `calendar year 2009' for
`calendar year 1992' in subparagraph
(B) thereof.
``(iii) Rounding.--Subparagraph (A) of
subsection (j)(2) shall apply after taking into
account any increase under clause (ii).''.
(c) Conforming Amendment.--Section 32(b) of such Code is amended by
striking paragraph (3).
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 3. STRENGTHENING THE EARNED INCOME TAX CREDIT FOR INDIVIDUALS WITH
NO QUALIFYING CHILDREN.
(a) Credit for Certain Individuals Over Age 21.--
(1) In general.--Section 32(c)(1) of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
subparagraph:
``(G) Special rule for working individuals over age
20 and without qualifying child.--
``(i) In general.--In the case of an
individual (or, if the individual is married,
either the individual or the individual's
spouse) who--
``(I) has attained the age of 21
but not attained age 25 before the
close of the taxable year, and
``(II) is not a full-time student
at any time during the taxable year,
paragraph (1)(A)(ii)(II) shall not apply for
purposes of determining whether such individual
is an eligible individual.
``(ii) Student.--For purposes of this
subparagraph, an individual shall be considered
a full-time student if such individual is
carrying more than \1/2\ the normal full-time
work load for the course of study the
individual is pursuing.''.
(2) Information return matching.--Not later than 1 year
after the date of the enactment of this Act, the Secretary of
the Treasury shall develop and implement procedures for
checking an individual's claim for a credit under section 32 of
the Internal Revenue Code of 1986, by reason of subsection
(c)(1)(G) thereof, against any information return made with
respect to such individual under section 6050S (relating to
returns relating to higher education tuition and related
expenses).
(b) Increased Credit.--
(1) Credit percentage and phaseout percentage.--The table
contained in section 32(b)(1)(A) of such Code, as amended by
this Act, is amended by striking ``7.65'' each place it appears
and inserting ``15.3''.
(2) Earned income amount and phaseout amount.--
(A) In general.--The table contained in section
32(b)(2)(A) of such Code is amended--
(i) by striking ``$4,220'' and inserting
``$8,820'', and
(ii) by striking ``$5,280'' and inserting
``$10,425''.
(B) Inflation adjustments.--Section 32(j)(1)(B) of
such Code is amended--
(i) by inserting ``except as provided in
clause (iii)'' in clause (i) before ``in the
case of amounts'',
(ii) by striking ``and'' at the end of
clause (i), by striking the period at the end
of clause (ii) and inserting ``, and'', and by
adding at the end the following new clause:
``(iii) in the case of the $8,820 and
$10,425 amounts in subsection (b)(2)(A), by
substituting `calendar year 2012' for `calendar
year 1992' in subparagraph (B) of such section
1.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 4. TAXPAYER ELIGIBLE FOR CREDIT FOR INDIVIDUALS WITH NO QUALIFYING
CHILDREN IF QUALIFYING CHILDREN DO NOT HAVE VALID SOCIAL
SECURITY NUMBERS.
(a) In General.--Section 32(c)(1)(F) of the Internal Revenue Code
of 1986 is amended to read as follows:
``(F) Individuals who do not include tin, etc., of
any qualifying child.--In the case of any eligible
individual who has one or more qualifying children,
if--
``(i) no qualifying child of such
individual is taken into account under
subsection (b) by reason of paragraph (3)(D),
and
``(ii) no child of such individual is taken
into account for purposes of any other child
tax benefit under this chapter,
for purposes of the credit allowed under this section,
such individual may be considered an eligible
individual without a qualifying child.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2014.
SEC. 5. CREDIT ALLOWED IN CASE OF CERTAIN SEPARATED SPOUSES.
(a) In General.--Section 32(d) of the Internal Revenue Code of 1986
is amended--
(1) by striking ``Married Individuals.--In the case of''
and inserting the following: ``Married Individuals.--
``(1) In general.--In the case of'', and
(2) by adding at the end the following new paragraph:
``(2) Special rule for separated spouse.--An individual
shall not be treated as married for purposes of this section if
such individual--
``(A) is married (within the meaning of section
7703(a)) and files a separate return for the taxable
year,
``(B) lives with a qualifying child of the
individual for more than one-half of such taxable year,
and
``(C)(i) during the last 6 months such taxable
year, does not have the same principal place of abode
as the individual's spouse, or
``(ii) has a legally binding separation agreement
with the individual's spouse and is not a member of the
same household with the individual's spouse by the end
of the taxable year.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 6. TAXPAYER ELIGIBLE FOR CREDIT WITHOUT QUALIFYING CHILD IF
QUALIFYING CHILD CLAIMED BY ANOTHER MEMBER OF FAMILY.
(a) In General.--Section 32(c)(1) of the Internal Revenue Code of
1986 is amended by adding at the end the following new subparagraph:
``(G) Taxpayer eligible for credit without
qualifying child if qualifying child claimed by another
member of family.--
``(i) In general.--If--
``(I) an individual is claimed as a
qualifying child by an eligible
individual for any taxable year of such
eligible individual beginning in a
calendar year, and
``(II) such individual is the
qualifying child of another eligible
individual for any taxable year
beginning in such calendar year,
such other eligible individual may be treated
as an eligible individual without a qualifying
child for purposes of this section for such
taxable year.
``(ii) Exception for qualifying child
claimed by parent.--If an individual is claimed
as a qualifying child for any taxable year by a
parent of such child, clause (i) shall not
apply with respect to any other custodial
parent of such child.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
SEC. 7. ELIMINATION OF DISQUALIFIED INVESTMENT INCOME TEST.
(a) In General.--Section 32 of the Internal Revenue Code of 1986 is
amended by striking subsection (i).
(b) Conforming Amendments.--
(1) Section 32(j)(1)(B)(i) of such Code is amended by
striking ``subsections (b)(2)(A) and (i)(1)'' and inserting
``subsection (b)(2)(A)''.
(2) Section 32(j)(2) of such Code is amended--
(A) by striking paragraph (2), and
(B) by striking ``Rounding.--'' and all that
follows through ``If any dollar amount'' and inserting
the following: ``Rounding.--If any dollar amount''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Earned Income Tax Credit Improvement and Simplification Act 2015 Amends the Internal Revenue Code, with respect to the earned income tax credit, to: (1) make permanent the increase in the rate of such credit for taxpayers with three or more qualifying children and the reduction in the amount of the marriage penalty for such credit; (2) allow such credit for an individual with no qualifying children who has attained the age of 21 but not 25 and is not a full-time student, and whose qualifying children do not have valid social security numbers; (3) revise eligibility rules relating to married individuals living apart and qualifying children claimed by another family member; and (4) repeal the denial of such credit for taxpayers with excess investment income. | {"src": "billsum_train", "title": "Earned Income Tax Credit Improvement and Simplification Act 2015"} | 2,635 | 151 | 0.55126 | 1.475088 | 0.697207 | 2.555556 | 14.909722 | 0.902778 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``ANCSA Shee Atika Land Exchange
Settlement Act''.
SEC. 2. SHEE ATIKA INCORPORATED.
(a) Definitions.--In this section:
(1) Account.--The term ``Account'' means the Shee Atika
Account established under subsection (d).
(2) Agency.--The term ``agency'' means--
(A) any department, agency, or other
instrumentality of the Federal Government; and
(B) any Government corporation (as defined in
section 9101 of title 31, United States Code).
(3) Agreement.--The term ``Agreement'' means the agreement
between Shee Atika and the United States (including any
amendment or supplement to the agreement) under which the
United States has an option to reacquire the Cube Cove Land.
(4) Cube cove land.--The term ``Cube Cove Land'' means the
approximately 23,000 acres of surface estate land at Cube Cove,
Admiralty Island, Alaska, as described in Appendix A to the
Agreement.
(5) Property.--The term ``property'' has the meaning given
the term in section 12(b)(7)(vii) of the Act of January 2, 1976
(43 U.S.C. 1611 note; Public Law 94-204).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(7) Segment.--The term ``segment'' means any 1 of the 13
tracts of surface estate land identified in Appendix C to the
Agreement.
(8) Shee atika.--The term ``Shee Atika'' means Shee Atika
Incorporated.
(b) Authorization.--
(1) In general.--All consideration, whether in cash or in
kind, received by Shee Atika under the Agreement shall be
treated for purposes of all Federal laws as if the
consideration was, within the meaning of section 21(c) of the
Alaska Native Claims Settlement Act (43 U.S.C. 1620(c)), the
receipt of land or any interest in land pursuant to the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.) or cash
in order to equalize the values of properties exchanged
pursuant to section 22(f) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1621(f)).
(2) Effect.--Nothing in the Agreement or this section
imposes any duty on Shee Atika not expressly set forth in the
Agreement.
(c) Option To Receive Credits.--
(1) In general.--
(A) Credits.--On election by Shee Atika made in
writing not later than the day before the date on which
a closing of any segment of the Cube Cove Land is
scheduled to occur, the Secretary, in accordance with
subsection (d), may pay all or part of the amounts due
to Shee Atika under the Agreement on the closing date
in the form of credits that may be used by Shee Atika
to purchase property sold at public sale.
(B) Cash.--Amounts otherwise due to Shee Atika for
which Shee Atika has not made the election described in
subparagraph (A) shall be paid to Shee Atika in cash.
(2) Requirement.--The Secretary shall make a payment in the
form described in paragraph (1) without regard to whether Shee
Atika has made any other election under paragraph (1).
(3) Closing date.--Closing of any segment for which Shee
Atika has made an election under paragraph (1) shall occur not
later than 30 days after the date on which the Secretary
notifies Shee Atika that the applicable credit is ready to be
deposited into the Account.
(d) Establishment of Account.--
(1) In general.--Notwithstanding any other provision of
law, not later than 90 days after Shee Atika first makes an
election under subsection (c)(1), the Secretary of the
Treasury, in consultation with the Secretary, shall establish
an account in the Treasury to be known as the ``Shee Atika
Account''.
(2) Credits into account.--The Secretary of the Treasury,
in consultation with the Secretary, shall--
(A) deposit into the Account amounts equal to any
credit received under subsection (c); and
(B) establish procedures under which Shee Atika
may--
(i) receive deposits into the Account;
(ii) make deposits from the Account into
escrow when an escrow is required for the sale
of any property;
(iii) reinstate to the Account any unused
escrow deposits under clause (ii) if the
applicable sale is not completed; and
(iv) notwithstanding any other provision of
law and on written notice to the Secretary of
the Treasury and the Secretary, assign, without
restriction, any or all of the amounts in the
Account.
(3) Availability of amounts.--The balance of the Account
shall--
(A) be immediately available to Shee Atika for use
in accordance with paragraph (4); and
(B) remain available until expended.
(4) Use of funds.--
(A) In general.--Shee Atika may use amounts in the
Account to bid for, and purchase, any property at any
public sale by an agency.
(B) Requirement.--In conducting a transaction under
subparagraph (A), an agency shall accept any amount
tendered from the Account in the same manner as if the
amount were tendered in cash.
(5) Effect.--Notwithstanding any other provision of law,
any property purchased under paragraph (4) shall be considered
to be a conveyance made under the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.) on the date of
enactment of that Act. | ANCSA Shee Atika Land Exchange Settlement Act This bill declares that consideration received by the urban Native corporation of Shee Atika under the agreement between Shee Atika and the United States must be treated as the receipt of land or interest in land pursuant to the Alaska Native Claims Settlement Act or as cash to equalize the values of properties exchanged pursuant to that Act. (Under the Act, these considerations are not taxed.) Shee Atika may elect to accept payment from the Department of Agriculture for Cube Cove lands into an account that may be used to purchase property sold at public sale by a federal agency. Purchases made through that account must be considered to be conveyances under the Alaska Native Claims Settlement Act. | {"src": "billsum_train", "title": "ANCSA Shee Atika Land Exchange Settlement Act"} | 1,306 | 161 | 0.632662 | 1.92836 | 0.86546 | 3.166667 | 8.5 | 0.893939 |
SECTION 1. WATER SECURITY GRANTS.
(a) Definitions.--In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Eligible entity.--The term ``eligible entity'' means a
publicly- or privately-owned drinking water or wastewater
facility.
(3) Eligible project or activity.--
(A) In general.--The term ``eligible project or
activity'' means a project or activity carried out by
an eligible entity to address an immediate physical
security need.
(B) Inclusions.--The term ``eligible project or
activity'' includes a project or activity relating to--
(i) security staffing;
(ii) detection of intruders;
(iii) installation and maintenance of
fencing, gating, or lighting;
(iv) installation of and monitoring on
closed-circuit television;
(v) rekeying of doors and locks;
(vi) site maintenance, such as maintenance
to increase visibility around facilities,
windows, and doorways;
(vii) development, acquisition, or use of
guidance manuals, educational videos, or
training programs; and
(viii) a program established by a State to
provide technical assistance or training to
water and wastewater facility managers,
especially such a program that emphasizes small
or rural eligible entities.
(C) Exclusions.--The term ``eligible project or
activity'' does not include any large-scale or system-
wide project that includes a large capital improvement
or vulnerability assessment.
(b) Establishment of Program.--
(1) In general.--The Administrator shall establish a
program to allocate to States, in accordance with paragraph
(2), funds for use in awarding grants to eligible entities
under subsection (c).
(2) Allocation to states.--Not later than 30 days after the
date on which funds are made available to carry out this
section, the Administrator shall allocate the funds to States
in accordance with the formula for the distribution of funds
described in section 1452(a)(1)(D) of the Safe Drinking Water
Act (42 U.S.C. 300j-12(a)(1)(D)).
(3) Notice.--Not later than 30 days after the date
described in paragraph (2), each State shall provide to each
eligible entity in the State a notice that funds are available
to assist the eligible entity in addressing immediate physical
security needs.
(c) Award of Grants.--
(1) Application.--An eligible entity that seeks to receive
a grant under this section shall submit to the State in which
the eligible entity is located an application for the grant in
such form and containing such information as the State may
prescribe.
(2) Condition for receipt of grant.--An eligible entity
that receives a grant under this section shall agree to expend
all funds provided by the grant not later than September 30 of
the fiscal year in which this Act is enacted.
(3) Disadvantaged, small, and rural eligible entities.--A
State that awards a grant under this section shall ensure, to
the maximum extent practicable in accordance with the income
and population distribution of the State, that a sufficient
percentage of the funds allocated to the State under subsection
(b)(2) are available for disadvantaged, small, and rural
eligible entities in the State.
(d) Eligible Projects and Activities.--
(1) In general.--A grant awarded by a State under
subsection (c) shall be used by an eligible entity to carry out
1 or more eligible projects or activities.
(2) Coordination with existing training programs.--In
awarding a grant for an eligible project or activity described
in subsection (a)(3)(B)(vii), a State shall, to the maximum
extent practicable, coordinate with training programs of rural
water associations of the State that are in effect as of the
date on which the grant is awarded.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000 for the fiscal year
in which this Act is enacted.
Passed the Senate December 20 (legislative day, December
18), 2001.
Attest:
Secretary.
107th CONGRESS
1st Session
S. 1608
_______________________________________________________________________
AN ACT
To establish a program to provide grants to drinking water and
wastewater facilities to meet immediate security needs. | Directs the Administrator of the Environmental Protection Agency to establish a program to allocate funds to States for use in awarding grants to publicly- or privately-owned drinking water or wastewater facilities for projects or activities carried out to address an immediate physical security need.Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to establish a program to provide grants to drinking water and wastewater facilities to meet immediate security needs."} | 971 | 60 | 0.558574 | 1.391954 | 1.046344 | 4.62 | 18.5 | 0.94 |
SECTION 1. CONSTRUCTIVE SALES TREATMENT FOR APPRECIATED FINANCIAL
POSITIONS.
(a) In General.--Part IV of subchapter P of chapter 1 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new section:
``SEC. 1259. CONSTRUCTIVE SALES TREATMENT FOR APPRECIATED FINANCIAL
POSITIONS.
``(a) In General.--If there is a constructive sale of an
appreciated financial position--
``(1) the taxpayer shall recognize gain as if such position
were sold for its fair market value on the date of such
constructive sale (and any gain shall be taken into account for
the taxable year which includes such date), and
``(2) for purposes of applying this title for periods after
the constructive sale--
``(A) proper adjustment shall be made in the amount
of any gain or loss subsequently realized with respect
to such position for any gain taken into account by
reason of paragraph (1), and
``(B) the holding period of such position shall be
determined as if such position were originally acquired
on the date of such constructive sale.
``(b) Appreciated Financial Position.--For purposes of this
section--
``(1) In general.--The term `appreciated financial
position' means any position with respect to any stock, debt
instrument, or partnership interest if there would be gain were
such position sold.
``(2) Position.--The term `position' means an interest,
including a futures or forward contract, short sale, or option.
``(c) Constructive Sale.--For purposes of this section--
``(1) In general.--A taxpayer shall be treated as having
made a constructive sale of an appreciated financial position
if the taxpayer (or a related person)--
``(A) makes a short sale of the same or
substantially identical property,
``(B) enters into an offsetting notional principal
contract with respect to the same or substantially
identical property,
``(C) enters into a futures or forward contract to
deliver the same or substantially identical property,
``(D) in the case of an appreciated financial
position that is a short sale or a contract described
in subparagraph (B) or (C) with respect to any
property, acquires the same or substantially identical
property, or
``(E) enters into 1 or more other transactions (or
acquires 1 or more positions) that have substantially
the same effect as a transaction described in any of
the preceding subparagraphs.
``(2) Exception for transactions marked to market.--The
term `constructive sale' shall not include any transaction if
the appreciated financial position which is part of such
transaction is marked to market under section 475 or 1256.
``(3) Exception for sales of nonpublicly traded property.--
The term `constructive sale' shall not include any contract for
sale of any stock, debt instrument, or partnership interest
which is not a marketable security (as defined in section
453(f)) if the sale occurs within 1 year after the date such
contract is entered into.
``(4) Exception for transactions which are closed by year
end.--In applying this section, there shall be disregarded--
``(A) any appreciated financial position which is
sold or otherwise disposed of during the taxable year
in a transaction in which gain or loss is recognized,
and
``(B) any other transaction (which would otherwise
be treated as a constructive sale) if--
``(i) such transaction is closed before the
end of the taxable year, and
``(ii) in the case of a transaction which
is closed during the last 30 days of such
taxable year, another transaction with
substantially the same effect as the closed
transaction is not entered into during the 31-
day period beginning with the date on which
such transaction was closed.
``(5) Related person.--A person is related to another
person with respect to a transaction if--
``(A) the relationship is described in section 267
or 707(b), and
``(B) such transaction is entered into with a view
toward avoiding the purposes of this section.
``(6) Special rule for debt instruments.--For purposes of
paragraph (1)(A), positions in interest rates shall be treated
as positions in property which are substantially identical to
debt instruments.
``(d) Other Definitions.--For purposes of this section--
``(1) Forward contract.--The term `forward contract'
includes a fully or partially prepaid forward contract.
``(2) Offsetting notional principal contract.--The term
`offsetting notional principal contract' means, with respect to
any property, an agreement to pay the investment yield
(including appreciation) on such property for a specified
period in exchange for the right to be reimbursed for any
decline in the value of such property and for other
consideration.
``(e) Special Rules.--
``(1) Treatment of subsequent sale of position which was
deemed sold.--If--
``(A) there is a constructive sale of any
appreciated financial position,
``(B) such position is subsequently sold or
otherwise disposed of, and
``(C) at the time of such sale or disposition, the
transaction resulting in the constructive sale of such
position is open with respect to the taxpayer or any
related person,
solely for purposes of determining whether the taxpayer has
entered into a constructive sale of any other appreciated
financial position held by the taxpayer, the taxpayer shall be
treated as entering into such transaction immediately after
such sale or other disposition.
``(2) Certain trust instruments treated as stock.--For
purposes of this section, an interest in a trust which is
actively traded (within the meaning of section 1092(d)(1))
shall be treated as stock.
``(3) Multiple positions in property.--If there is a
constructive sale of a portion of any property held by the
taxpayer, the determination of the specific property which is
deemed sold shall be made in the same manner as if the
constructive sale were an actual sale; except that property
treated as sold by reason of a prior constructive sale that
remains open shall be disregarded.
``(f) Regulations.--The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out the purposes of this
section.''
(b) Securities Traders May Elect Mark to Market.--Subsection (d) of
section 475 (relating to mark to market accounting method for dealers
in securities) is amended by adding at the end the following new
paragraph:
``(4) Securities traders may elect mark to market.--In the
case of a person engaged in the trade or business of being an
active trader in securities--
``(A) such person may elect to be treated as a
dealer in securities for purposes of this section, and
``(B) securities held by such person in connection
with such trade or business shall be treated as not
held for investment.
Such an election may be made without the consent of the
Secretary and, if made, shall apply to the taxable year for
which made and all subsequent taxable years unless revoked with
the consent of the Secretary.''
(c) Clerical Amendment.--The table of sections for part IV of
subchapter P of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1259. Constructive sales treatment
for appreciated financial
positions.''
(d) Effective Date.--
(1) In general.--Except as provided in paragraph (3), the
amendments made by this section shall apply to--
(A) any constructive sale after the date of the
enactment of this Act, and
(B) any constructive sale after January 12, 1996,
and before the date of the enactment of this Act, but
only if, on the date which is 30 days after the date of
the enactment of this Act, the taxpayer owns the
appreciated financial position subject to the
constructive sale and the transaction that resulted in
the construction sale remains open with respect to the
taxpayer or a related person.
In a case to which subparagraph (B) applies, section 1259 of
the Internal Revenue Code of 1986 (as added by this section)
shall be applied as if the constructive sale occurred on the
date which is 30 days after the date of the enactment of this
Act.
(2) Special rule.--In the case of a decedent dying after
the date of the enactment of this Act, if--
(A) there was a constructive sale on or before such
date of enactment of any appreciated financial
position, and
(B) on the day before the date of the decedent's
death, the transaction resulting in the constructive
sale of such position is open with respect to the
decedent or any related person and gain has not been
recognized under section 1259 of the Internal Revenue
Code of 1986 (as added by this section),
for purposes of such Code, such position (and any property
related thereto, as determined under the principles of section
1259(d)(1) of such Code (as so added)) shall be treated as
property constituting rights to receive an item of income in
respect of a decedent under section 691 of such Code.
(3) Election of securities traders to be treated as
dealers.--
(A) In general.--The amendment made by subsection
(b) shall apply to taxable years beginning after the
date of the enactment of this Act.
(B) 5-year spread of adjustments.--In the case of a
taxpayer who elects under section 475(d)(4) of the
Internal Revenue Code of 1986 (as added by this
section) to change its method of accounting for its
first taxable year beginning after the date of the
enactment of this Act, 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 ratably over the 5-
taxable year period beginning with such first taxable
year.
SEC. 2. LIMITATION ON EXCEPTION FOR INVESTMENT COMPANIES UNDER SECTION
351.
(a) In General.--Paragraph (1) of section 351(e) of the Internal
Revenue Code of 1986 (relating to exceptions) is amended by adding at
the end the following: ``The determination of whether a company is an
investment company shall be made by taking into account all stock and
securities held by the company, whether or not readily marketable.''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to transfers after the date of the enactment of this Act in
taxable years ending after such date. | Amends the Internal Revenue Code to provide that if there is a constructive sale of an appreciated financial position: (1) a taxpayer shall recognize gain as if such position were sold for its fair market value on the date of the constructive sale; and (2) for purposes of the treatment of gains and losses for periods after the constructive sale, proper adjustment shall be made in the amount of any gain or loss subsequently realized with respect to such position for any gain taken into account by reason of the above and the holding period of such position shall be determined as if such position were originally acquired on the date of such constructive sale. Sets forth a special rule for investment companies. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to require gain recognition in the case of certain transactions that are equivalent to sales of financial instruments, and for other purposes."} | 2,358 | 139 | 0.652093 | 1.894572 | 0.628039 | 5.828358 | 16.358209 | 0.932836 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Family Farm Safety
Net Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Permanent availability of marketing assistance loans.
Sec. 3. Establishment of minimum loan rates for marketing assistance
loans.
Sec. 4. Increase in duration of marketing assistance loans.
Sec. 5. Limitations on marketing loan gains and loan deficiency
payments.
SEC. 2. PERMANENT AVAILABILITY OF MARKETING ASSISTANCE LOANS.
Section 131(a) of the Agriculture Market Transition Act (7 U.S.C.
7231(a)) is amended by striking ``through 2002'' and inserting ``and
subsequent''.
SEC. 3. ESTABLISHMENT OF MINIMUM LOAN RATES FOR MARKETING ASSISTANCE
LOANS.
(a) Wheat.--Subsection (a) of section 132 of the Agriculture Market
Transition Act (7 U.S.C. 7232) is amended--
(1) in paragraph (1)(B), by striking ``not more than $2.58
per bushel'' and inserting ``not less than $3.40 per bushel for
each of the 2000 and subsequent crop years''; and
(2) in paragraph (2), by striking ``If the Secretary'' and
inserting ``Subject to the minimum loan rate specified in
paragraph (1)(B), if the Secretary''.
(b) Corn.--Subsection (b) of such section is amended--
(1) in paragraph (1)(B), by striking ``not more than $1.89
per bushel'' and inserting ``not less than $2.43 per bushel for
each of the 2000 and subsequent crop years''; and
(2) in paragraph (2), by striking ``If the Secretary'' and
inserting ``Subject to the minimum loan rate specified in
paragraph (1)(B), if the Secretary''.
(c) Grain Sorghum and Oats.--Subsection (b)(3) of such section is
amended by adding at the end the following: ``Notwithstanding the
preceding sentence, the loan rate for a marketing assistance loan under
section 131 for each of the 2000 and subsequent crop years shall be not
less than--
``(A) $2.24 per bushel for grain sorghum; and
``(B) $1.46 per bushel for oats.''.
(d) Barley.--Subsection (b) of such section is amended--
(1) in paragraph (3), by striking ``, barley,''; and
(2) by adding at the end the following new paragraph:
``(4) Barley.--For each of the 2000 and subsequent crop
years, the loan rate for a marketing assistance loan under
section 131 for barley shall be--
``(A) not less than 85 percent of the simple
average price received by producers of malting or feed
barley, as determined by the Secretary, during the
marketing years for the immediately preceding 5 crops
of barley, excluding the year in which the all barley
average price was the highest and the year in which the
all barley average price was the lowest in the period;
but
``(B) not less than $2.43 per bushel.''.
(e) Upland Cotton.--Subsection (c)(2) of such section is amended by
striking ``$0.50 per pound or more than $0.5192 per pound'' and
inserting ``$0.61 per pound for each of the 2000 and subsequent crop
years''.
(f) Extra Long Staple Cotton.--Subsection (d)(2) of such section is
amended by striking ``not more than $0.7965 per pound'' and inserting
``not less than $0.887 per pound for each of the 2000 and subsequent
crop years.
(g) Rice.--Subsection (e) of such section is amended by striking
``$6.50 per hundredweight'' and inserting ``$8.25 per hundredweight for
each of the 2000 and subsequent crop years''.
(h) Soybeans.--Subsection (f)(1)(B) of such section is amended by
striking ``$4.92 or more than $5.26 per bushel'' and inserting ``$5.50
per bushel for each of the 2000 and subsequent crop years''.
(i) Other Oil Seeds.--Subsection (f)(2)(B) of such section is
amended by striking ``$0.087 or more than $0.093 per pound'' and
inserting ``$0.0972 per pound for each of the 2000 and subsequent crop
years''.
SEC. 4. INCREASE IN DURATION OF MARKETING ASSISTANCE LOANS.
Section 133 of the Agriculture Market Transition Act (7 U.S.C.
7233) is amended to read as follows:
``SEC. 133. TERM OF LOANS.
``(a) Term of Loan.--In the case of each loan commodity, a
marketing assistance loan under section 131 shall have a term of 20
months beginning on the first day of the first month after the month in
which the loan is made.
``(b) Extensions Authorized.--The Secretary may extend the term of
a marketing assistance loan for any loan commodity.''.
SEC. 5. LIMITATIONS ON MARKETING LOAN GAINS AND LOAN DEFICIENCY
PAYMENTS.
(a) Establishment of New Limitations.--Section 1001(2) of the Food
Security Act of 1985 (7 U.S.C. 1308(2)) is amended--
(1) by inserting ``(A)'' before ``The total amount'';
(2) by striking ``$75,000'' and inserting ``$100,000''; and
(3) by adding at the end the following new subparagraphs:
``(B) In addition to the limitation in subparagraph (A), if
the value of all contract commodities and oilseeds for which a
person obtains nonrecourse marketing loans under the
Agricultural Market Transition Act during any crop year, plus
the value of nonrecourse marketing loans forgone by the person
in return for loan deficiency payments during that crop year,
is more than $400,000, but less than or equal to $600,000, the
Secretary shall reduce--
``(i) the amount of any payments specified in
paragraph (3) corresponding to the value in excess of
$400,000, but less than or equal to $500,000, by 10
percent; and
``(ii) the amount of any payments specified in
paragraph (3) corresponding to the value in excess of
$500,000, but less than or equal to $600,000, by 20
percent.
``(C) Subject to subparagraph (A), the total value of all
contract commodities and oilseeds for which a person may obtain
nonrecourse marketing loans under the Agricultural Market
Transition Act during any crop year or forgo such loans in
return for loan deficiency payments during that crop year, or
both, may not exceed $600,000.
``(D) In this paragraph, the term `value' means the total
amount obtained by multiplying--
``(i) the quantity of each contract commodity and
oilseed for which a person obtains a nonrecourse
marketing loan or forgoes such a loan in return for
loan deficiency payments; by
``(ii) the loan rate applicable to the commodity
under section 132 of the Agricultural Market Transition
Act (7 U.S.C. 7232).''.
(b) Availability of Recourse Loans for Additional Production.--
Section 137 of the Agricultural Market Transition Act (7 U.S.C. 7237)
is amended by adding at the end the following new subsection:
``(e) Recourse Loans for Loan Commodities.--The Secretary shall
make available recourse loans, as determined by the Secretary, to a
producer of loan commodities who is prevented by section 1001(2) of the
Food Security Act of 1985 from obtaining nonrecourse marketing loans
under this subtitle during any crop year or forgoing nonrecourse
marketing loans in return for loan deficiency payments.''. | Increases program loan rates for wheat, corn, upland cotton. extra long staple cotton, rice, soybeans, and other oil seeds. Establishes individual loan rates for grain sorghum, oats, and barley.
Increases loan duration to 20 months, and authorizes extensions.
Provides recourse loans to producers otherwise prevented by the Food Security Act of 1985 from obtaining nonrecourse marketing loans.
Amends the Food Security Act of 1985 to increase the limit on marketing loan gains and loan deficiency payments. Establishes additional limitations. | {"src": "billsum_train", "title": "Family Farm Safety Net Act"} | 1,872 | 122 | 0.543868 | 1.383041 | 0.573252 | 2.479592 | 16.214286 | 0.806122 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Receiving Electronic Statements To
Improve Retiree Earnings Act''.
SEC. 2. ELECTRONIC COMMUNICATION OF PENSION PLAN INFORMATION.
(a) Amendments to Employee Retirement Income Security Act of
1974.--
(1) In general.--Part 1 of subtitle B of title I of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1021
et seq.) is amended by adding at the end the following:
``SEC. 112. ELECTRONIC COMMUNICATION OF PENSION PLAN INFORMATION.
``A document of any type that is required under this title to be
furnished to a plan participant, beneficiary, or other individual with
respect to a pension plan may be furnished in electronic form if--
``(1) the system for furnishing such a document--
``(A) is designed to result in effective access to
the document by the participant, beneficiary, or other
specified individual through electronic means,
including--
``(i) the direct delivery of material to an
electronic address of such participant,
beneficiary, or individual,
``(ii) the posting of material to a website
or other internet or electronic-based
information repository to which access has been
granted to such participant, beneficiary, or
individual, but only if proper notice of the
posting has been provided (which may include
notice furnished by other electronic means if
the content of the notice conveys the need to
take action to access the posted material), and
``(iii) other electronic means reasonably
calculated to ensure actual receipt of the
material by such participant, beneficiary, or
individual,
``(B) permits the participant, beneficiary, or
other individual to select among the specific
electronic means made available through which such a
document shall be furnished, to modify that selection
at any time, or to elect at any time to begin receiving
paper versions of such documents at no additional
direct cost to the individual, and
``(C) protects the confidentiality of personal
information relating to such participant's,
beneficiary's, or individual's accounts and benefits,
``(2) an annual paper notice is provided to each
participant, beneficiary, or other individual that describes--
``(A) the selection of the specific electronic
means for the furnishing of such documents made by the
participant, beneficiary, or other individual under
paragraph (1)(B) in effect at the time of the provision
of the notice,
``(B) the right to modify the selection at any
time, or to elect at any time to receive paper versions
of documents at no additional direct cost, and how to
make such an election, and
``(C) if applicable, the election made by the
participant, beneficiary, or other individual under
paragraph (1)(B) to be furnished paper versions of such
documents, and
``(3) the electronically furnished document--
``(A) is prepared and furnished in a manner that is
consistent with the style, format, and content
requirements applicable to the particular document, and
``(B) includes a notice that apprises the
individual of the significance of the document when it
is not otherwise reasonably evident as transmitted.
For purposes of this section, the term `document' includes
reports, statements, notices, notifications, and other
information.''.
(2) Conforming amendment.--The table of contents in section
1 of such Act (29 U.S.C. 1001 note) is amended by inserting
after the item relating to section 111 the following:
``112. Electronic communication of pension plan information.''.
(b) Amendment to Internal Revenue Code of 1986.--Section 414 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following:
``(aa) Electronic Communication of Pension Plan Information.--A
document of any type that is required under this title to be furnished
to a plan participant, beneficiary, or other individual with respect to
a plan to which this subchapter or section 457 applies may be furnished
in electronic form if--
``(1) the system for furnishing such a document--
``(A) is designed to result in effective access to
the document by the participant, beneficiary, or other
specified individual through electronic means,
including--
``(i) the direct delivery of material to an
electronic address of such participant,
beneficiary, or individual,
``(ii) the posting of material to a website
or other internet or electronic-based
information repository to which access has been
granted to such participant, beneficiary, or
individual, but only if proper notice of the
posting has been provided (which may include
notice furnished by other electronic means if
the content of the notice conveys the need to
take action to access the posted material), and
``(iii) other electronic means reasonably
calculated to ensure actual receipt of the
material by such participant, beneficiary, or
individual,
``(B) permits the participant, beneficiary, or
other individual to select among the specific
electronic means made available through which such a
document shall be furnished, to modify that selection
at any time, or to elect at any time to begin receiving
paper versions of such documents at no additional
direct cost to the individual, and
``(C) protects the confidentiality of personal
information relating to such participant's,
beneficiary's, or individual's accounts and benefits,
``(2) an annual paper notice is provided to each
participant, beneficiary, or other individual that describes--
``(A) the selection of the specific electronic
means for the furnishing of such documents made by the
participant, beneficiary, or other individual under
paragraph (1)(B) in effect at the time of the provision
of the notice,
``(B) the right to modify the selection at any
time, or to elect at any time to receive paper versions
of documents at no additional direct cost, and how to
make such an election, and
``(C) if applicable, the election made by the
participant, beneficiary, or other individual under
paragraph (1)(B) to be furnished paper versions of such
documents, and
``(3) the electronically furnished document--
``(A) is prepared and furnished in a manner that is
consistent with the style, format, and content
requirements applicable to the particular document, and
``(B) includes a notice that apprises the
individual of the significance of the document when it
is not otherwise reasonably evident as transmitted.
For purposes of this subsection, the term `document' includes
reports, statements, notices, notifications, and other
information.''.
(c) Protection of Existing Methods.--Nothing in the amendments made
by this section shall be construed to prohibit--
(1) the furnishing of documents by electronic means under
any law or under any regulations or guidance prescribed by the
Secretary of Labor or the Secretary of the Treasury (referred
to in this subsection as the ``Secretaries'') prior to the date
of the enactment of this Act; or
(2) the Secretaries from prescribing additional methods for
furnishing documents as the Secretaries deem necessary or
appropriate.
(d) Effective Date.--The amendments made by this section shall
apply with respect to documents furnished with respect to plan years
beginning after December 31, 2018. | Receiving Electronic Statements To Improve Retiree Earnings Act This bill amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to authorize the electronic delivery of pension plan documents required to be furnished to a plan participant, beneficiary, or other individual. The system for furnishing such a document must: (1) be designed to result in effective access to the document, (2) permit the recipient to select the electronic means through which the document is received or request paper documents, and (3) protect the confidentiality of personal information. An annual paper notice must be provided describing: the selection of electronic means for furnishing documents, the right to modify the selection or to elect to receive paper versions of the documents at no additional direct cost and how to make the election, and any election that has been made to receive paper documents. An electronically furnished document must be prepared and furnished in a manner that is consistent with the style, format, and content requirements for the document. It must also include a notice that apprises the individual of the significance of the document when it is not otherwise reasonably evident as transmitted. | {"src": "billsum_train", "title": "Receiving Electronic Statements To Improve Retiree Earnings Act"} | 1,559 | 231 | 0.692529 | 2.093782 | 0.857769 | 4.071429 | 6.852679 | 0.910714 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``John F. Kennedy Centennial
Commission Act''.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the ``John F.
Kennedy Centennial Commission'' (in this Act referred to as the
``Commission'').
SEC. 3. DUTIES OF COMMISSION.
The Commission shall--
(1) plan, develop, and carry out such activities as the
Commission considers fitting and proper to honor John F.
Kennedy on the occasion of the 100th anniversary of his birth;
(2) provide advice and assistance to Federal, State, and
local governmental agencies, as well as civic groups to carry
out activities to honor John F. Kennedy on the occasion of the
100th anniversary of his birth;
(3) develop activities that may be carried out by the
Federal Government that are fitting and proper to honor John F.
Kennedy on the occasion of the 100th anniversary of his birth;
and
(4) submit to the President and Congress reports pursuant
to section 7.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 11
members as follows:
(1) The Secretary of the Interior.
(2) Four members appointed by the President after
considering the recommendations of the Board of Trustees of the
John F. Kennedy Library Foundation.
(3) Two Members of the House of Representatives appointed
by the Speaker of the House of Representatives.
(4) One Member of the House of Representatives appointed by
the minority leader of the House of Representatives.
(5) Two Members of the Senate appointed by the majority
leader of the Senate.
(6) One Member of the Senate appointed by the minority
leader of the Senate.
(b) Ex Officio Member.--The Archivist of the United States shall
serve in an ex officio capacity on the Commission to provide advice and
information to the Commission.
(c) Terms.--Each member shall be appointed for the life of the
Commission.
(d) Deadline for Appointment.--All members of the Commission shall
be appointed not later than 90 days after the date of the enactment of
this Act.
(e) Vacancies.--A vacancy on the Commission shall--
(1) not affect the powers of the Commission; and
(2) be filled in the manner in which the original
appointment was made.
(f) Rates of Pay.--Members shall not receive compensation for the
performance of their duties on behalf of the Commission.
(g) Travel Expenses.--Each member of the Commission shall be
reimbursed for travel and per diem in lieu of subsistence expenses
during the performance of duties of the Commission while away from home
or his or her regular place of business, in accordance with applicable
provisions under subchapter I of chapter 57 of title 5, United States
Code.
(h) Quorum.--A majority of the members of the Commission shall
constitute a quorum to conduct business, but two or more members may
hold hearings.
(i) Chairperson.--The chairperson of the Commission shall be
elected by a majority vote of the members of the Commission.
SEC. 5. DIRECTOR AND STAFF OF COMMISSION.
(a) Director and Staff.--The Commission shall appoint an executive
director and such other additional employees as are necessary to enable
the Commission to perform its duties.
(b) Applicability of Certain Civil Service Laws.--The executive
director and employees of the Commission may be appointed without
regard to the provisions of title 5, United States Code, governing
appointments in the competitive service, and may be paid without regard
to the provisions of chapter 51 and subchapter III of chapter 53 of
such title relating to classification and General Schedule pay rates,
except that the rate of pay for the executive director and other
employees may not exceed the rate payable for level V of the Executive
Schedule under section 5316 of such title.
(c) Detail of Federal Employees.--Upon request of the Commission,
the Secretary of the Interior or the Archivist of the United States may
detail, on a reimbursable basis, any of the employees of that
department or agency to the Commission to assist it in carrying out its
duties under this Act.
(d) Experts and Consultants.--The Commission may procure such
temporary and intermittent services as are necessary to enable the
Commission to perform its duties.
(e) Volunteer and Uncompensated Services.--Notwithstanding section
1342 of title 31, United States Code, the Commission may accept and use
voluntary and uncompensated services as the Commission determines
necessary.
SEC. 6. POWERS OF COMMISSION.
(a) Hearings.--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) 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.
(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 its duties under this Act. Upon
request of the chairperson of the Commission, the head of that
department or agency shall furnish that information to the Commission.
(d) Gifts, Bequests, Devises.--The Commission may solicit, accept,
use, and dispose of gifts, bequests, or devises of money, services, or
property, both real and personal, for the purpose of aiding or
facilitating its work.
(e) Available Space.--Upon the request of the Commission, the
Administrator of General Services shall make available nationwide to
the Commission, at a normal rental rate for Federal agencies, such
assistance and facilities as may be necessary for the Commission to
carry out its duties under this Act.
(f) Contract Authority.--The Commission may enter into contracts
with and compensate government and private agencies or persons to
enable the Commission to discharge its duties under this Act.
SEC. 7. REPORTS.
(a) Annual Reports.--The Commission shall submit to the President
and the Congress annual reports on the revenue and expenditures of the
Commission, including a list of each gift, bequest, or devise to the
Commission with a value of more than $250, together with the identity
of the donor of each gift, bequest, or devise.
(b) Interim Reports.--The Commission may submit to the President
and Congress interim reports as the Commission considers appropriate.
(c) Final Report.--Not later than August 31, 2017, the Commission
shall submit a final report to the President and the Congress
containing--
(1) a summary of the activities of the Commission;
(2) a final accounting of funds received and expended by
the Commission; and
(3) the findings, conclusions, and final recommendations of
the Commission.
SEC. 8. TERMINATION.
The Commission may terminate on such date as the Commission may
determine after it submits its final report pursuant to section 7(c),
but not later than September 30, 2017.
SEC. 9. ANNUAL AUDIT.
The Inspector General of the Department of the Interior may perform
an audit of the Commission, shall make the results of any audit
performed available to the public, and shall transmit such results to
the Committee on Oversight and Government Reform of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate.
SEC. 10. PROHIBITION ON OBLIGATION OF FEDERAL FUNDS.
No Federal funds may be obligated to carry out this Act. | John F. Kennedy Centennial Commission Act This bill establishes the John F. Kennedy Centennial Commission, which shall: plan, develop, and carry out activities to honor John F. Kennedy on the occasion of the 100th anniversary of his birth; and provide advice and assistance to federal, state, and local governmental agencies and civic groups to carry out activities to honor Kennedy on such occasion. The commission shall submit to the President and Congress annual reports on its revenue and expenditures, such interim reports as appropriate, and a final report by August 31, 2017. The commission shall terminate by September 30, 2017. The Inspector General of the Department of the Interior may perform an audit of the commission. | {"src": "billsum_train", "title": "John F. Kennedy Centennial Commission Act"} | 1,650 | 141 | 0.619456 | 1.732453 | 0.726193 | 5.133333 | 11.318519 | 0.955556 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Solid Waste Rail Transfer Facilities
Regulation Act of 2008''.
SEC. 2. REGULATION OF SOLID WASTE RAIL TRANSFER FACILITIES.
(a) In General.--Chapter 109 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 10908. Regulation of solid waste rail transfer facilities
``(a) In General.--Each solid waste rail transfer facility shall be
subject to and shall comply with all applicable Federal and State
requirements, both substantive and procedural, including judicial and
administrative orders and fines, respecting the prevention and
abatement of pollution, the protection and restoration of the
environment, and the protection of public health and safety, including
laws governing solid waste, to the same extent as required for any
similar solid waste management facility, as defined in section 1004(29)
of the Solid Waste Disposal Act (42 U.S.C. 6903(29)) that is not owned
or operated by or on behalf of a rail carrier, except as provided for
in section 10909 of this chapter.
``(b) Existing Facilities.--
``(1) State laws and standards.--Not later than 90 days
after the date of enactment of the Clean Railroads Act of 2008,
a solid waste rail transfer facility operating as of such date
of enactment shall comply with all Federal and State
requirements pursuant to subsection (a) other than those
provisions requiring permits.
``(2) Permit requirements.--
``(A) State non-siting permits.--Any solid waste
rail transfer facility operating as of the date of
enactment of the Clean Railroads Act of 2008 that does
not possess a permit required pursuant to subsection
(a), other than a siting permit for the facility, as of
the date of enactment of the Clean Railroads Act of
2008 shall not be required to possess any such permits
in order to operate the facility--
``(i) if, within 180 days after such date
of enactment, the solid waste rail transfer
facility has submitted, in good faith, a
complete application for all permits, except
siting permits, required pursuant to subsection
(a) to the appropriate permitting agency
authorized to grant such permits; and
``(ii) until the permitting agency has
either approved or denied the solid waste rail
transfer facility's application for each
permit.
``(B) Siting permits and requirements.--A solid
waste rail transfer facility operating as of the date
of enactment of the Clean Railroads Act of 2008 that
does not possess a State siting permit required
pursuant to subsection (a) as of such date of enactment
shall not be required to possess any siting permit to
continue to operate or comply with any State land use
requirements. The Governor of a State in which the
facility is located, or his or her designee, may
petition the Board to require the facility to apply for
a land-use exemption pursuant to section 10909 of this
chapter. The Board shall accept the petition, and the
facility shall be required to have a Board-issued land-
use exemption in order to continue to operate, pursuant
to section 10909 of this chapter.
``(c) Definitions.--
``(1) In general.--In this section:
``(A) Commercial and retail waste.--The term
`commercial and retail waste' means material discarded
by stores, offices, restaurants, warehouses,
nonmanufacturing activities at industrial facilities,
and other similar establishments or facilities.
``(B) Construction and demolition debris.--The term
`construction and demolition debris' means waste
building materials, packaging, and rubble resulting
from construction, remodeling, repair, and demolition
operations on pavements, houses, commercial buildings,
and other structures.
``(C) Household waste.--The term `household waste'
means material discarded by residential dwellings,
hotels, motels, and other similar permanent or
temporary housing establishments or facilities.
``(D) Industrial waste.--The term `industrial
waste' means the solid waste generated by manufacturing
and industrial and research and development processes
and operations, including contaminated soil,
nonhazardous oil spill cleanup waste and dry
nonhazardous pesticides and chemical waste, but does
not include hazardous waste regulated under subtitle C
of the Solid Waste Disposal Act (42 U.S.C. 6921 et
seq.), mining or oil and gas waste.
``(E) Institutional waste.--The term `institutional
waste' means material discarded by schools, nonmedical
waste discarded by hospitals, material discarded by
nonmanufacturing activities at prisons and government
facilities, and material discarded by other similar
establishments or facilities.
``(F) Municipal solid waste.--The term `municipal
solid waste' means--
``(i) household waste;
``(ii) commercial and retail waste; and
``(iii) institutional waste.
``(G) Solid waste.--With the exception of waste
generated by a rail carrier during track, track
structure, or right-of-way construction, maintenance,
or repair (including railroad ties and line-side poles)
or waste generated as a result of a railroad accident,
incident, or derailment, the term `solid waste' means--
``(i) construction and demolition debris;
``(ii) municipal solid waste;
``(iii) household waste;
``(iv) commercial and retail waste;
``(v) institutional waste;
``(vi) sludge;
``(vii) industrial waste; and
``(viii) other solid waste, as determined
appropriate by the Board.
``(H) Solid waste rail transfer facility.--The term
`solid waste rail transfer facility'--
``(i) means the portion of a facility owned
or operated by or on behalf of a rail carrier
(as defined in section 10102 of this title)
where solid waste, as a commodity to be
transported for a charge, is collected, stored,
separated, processed, treated, managed,
disposed of, or transferred, when the activity
takes place outside of original shipping
containers; but
``(ii) does not include--
``(I) the portion of a facility to
the extent that activities taking place
at such portion are comprised solely of
the railroad transportation of solid
waste after the solid waste is loaded
for shipment on or in a rail car,
including railroad transportation for
the purpose of interchanging railroad
cars containing solid waste shipments;
or
``(II) a facility where solid waste
is solely transferred or transloaded
from a tank truck directly to a rail
tank car.
``(I) Sludge.--The term `sludge' means any solid,
semi-solid or liquid waste generated from a municipal,
commercial, or industrial wastewater treatment plant,
water supply treatment plant, or air pollution control
facility exclusive of the treated effluent from a
wastewater treatment plant.
``(2) Exceptions.--Notwithstanding paragraph (1), the terms
`household waste', `commercial and retail waste', and
`institutional waste' do not include--
``(A) yard waste and refuse-derived fuel;
``(B) used oil;
``(C) wood pallets;
``(D) clean wood;
``(E) medical or infectious waste; or
``(F) motor vehicles (including motor vehicle parts
or vehicle fluff).
``(3) State requirements.--In this section the term `State
requirements' does not include the laws, regulations,
ordinances, orders, or other requirements of a political
subdivision of a State, including a locality or municipality,
unless a State expressly delegates such authority to such
political subdivision.''.
(b) Conforming Amendment.--The chapter analysis for chapter 109 is
amended by inserting after the item relating to section 10907 the
following:
``10908. Regulation of solid waste rail transfer facilities.''.
SEC. 3. AUTHORITY FOR ENVIRONMENTAL PROTECTION AGENCY TO MAKE
MODIFICATIONS TO PROTECT HUMAN HEALTH AND THE
ENVIRONMENT.
With respect to section 10908 of title 49, United States Code (as
added by section 2(a) of this Act), the Administrator of the
Environmental Protection Agency may, with respect to the Solid Waste
Disposal Act, make modifications to the policies established in such
section to the extent determined appropriate by the Administrator to
protect human health and the environment. Any such modifications shall
be made by regulation. | Solid Waste Rail Transfer Facilities Regulation Act of 2008 - Requires a solid waste rail transfer facility to comply with all federal and state solid waste environmental laws (except those requiring permits).
Declares that any such facility lacking a state permit shall not be required to possess one (other than a siting permit): (1) if by a certain deadline the facility has applied, in good faith, for all required permits; and (2) until the permitting agency has either approved or denied the permit application.
Declares that any such facility that does not possess a state siting permit shall not be required to possess one to continue to operate or to comply with state land use requirements. Authorizes a state governor to petition the Surface Transportation Board to require the facility to apply for a land-use exemption. Requires the Board to accept such a petition and the facility to have such an exception to continue to operate.
Authorizes the Administrator of the Environmental Protection Agency (EPA) to make modifications to such requirements to protect human health and the environment. | {"src": "billsum_train", "title": "To amend title 49, United States Code, with respect to the regulation of solid waste by the Environmental Protection Agency."} | 1,940 | 223 | 0.683753 | 1.923603 | 0.896784 | 3.326733 | 8.648515 | 0.920792 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homebound Elderly Relief Opportunity
Act of 1998''.
SEC. 2. MODIFICATION OF HOME HEALTH SERVICES PAYMENT LIMITS.
(a) Moratorium on Implementation of Per Beneficiary Limits Under
Interim Payment System.--Section 1861(v)(1)(L)(iv) of the Social
Security Act (42 U.S.C. 1395x(v)(1)(L)(iv)) is amended to read as
follows:
``(iv)(I) The interim system of payments under clause (v) shall
apply only if aggregate expenditures for home health services in a
fiscal year exceed the applicable amount described in subclause (II).
``(II) For purposes of subclause (I), the applicable amount for
fiscal year 1998 is $18,200,000,000 and for fiscal year 1999 is
$19,300,000,000.
``(III) In the case of an excess under subclause (I), the Secretary
shall implement such system beginning January 1 of the year following
the fiscal year in which such aggregate expenditures exceed the
applicable amount. The Secretary shall adjust payments under such
system so that aggregate expenditures for home health services for
fiscal years 1998 through 2002 do not exceed $101,000,000,000.
``(IV) Not later than the October 31 that precedes a year in which
such system is implemented, the Secretary shall publish in the Federal
Register proposed per beneficiary limits for the subsequent year, along
with the standards and methods utilized in calculating and applying the
limits in compliance with the rulemaking provisions under section 553
of the Administrative Procedures Act (5 U.S.C. 553). Not later than the
December 31 that precedes such year, the Secretary shall publish in the
Federal Register the per beneficiary limits for home health services
furnished during cost reporting periods beginning in that year.''.
(b) Establishment of Uniform Per Beneficiary Limits Under Interim
Payment System.--Section 1861(v)(1)(L)(v) of such Act (42 U.S.C.
1395x(v)(1)(L))(v)), is amended--
(1) in the first sentence, by striking ``For'' and
inserting ``Subject to clause (iv), for''; and
(2) in subclause (I), by striking ``calculated based 75
percent on 98 percent'' through ``periods ending during fiscal
year 1994, such costs'' and inserting ``equal to the greater of
75 percent of the standardized regional average of reasonable
costs (including nonroutine medical supplies) for cost
reporting periods ending during fiscal year 1994 for the
agency's census division and 25 percent of the standardized
national average of such costs or 25 percent of the
standardized regional average of such costs for the agency's
census division and 75 percent of the standardized national
average of such costs, such costs determined separately for
agencies in rural and nonrural areas and''.
(c) Adjustment for Outliers.--Section 1861(v)(1)(L) of such Act (42
U.S.C. 1395x(v)(1)(L)) is amended by adding at the end the following
new clause:
``(viii)(I) Subject to subclause (II), in the case of a home health
agency that exceeds the per beneficiary limit under clause (v), the
Secretary shall provide for an additional payment where the reasonable
cost for home health services provided to an individual exceeds such
limit by a fixed number of standard deviations. Such additional payment
amount shall be determined prior to the fiscal year in which subsection
(iv) is applicable.
``(II) The aggregate amount of such additional payments in a fiscal
year may not exceed 5 percent of the aggregate payments projected or
estimated by the Secretary to be made under clause (v) in that year.''.
(d) Per Visit Cost Limits.--Section 1861(v)(1)(L)(i)(IV) of such
Act (42 U.S.C. 1395x(v)(1)(L)(i)(IV)) is amended to read as follows:
``(IV) October 1, 1997, 110 percent of such mean.''.
(e) Elimination of Special Per Beneficiary Payment Rule for New
Agencies.--Section 1861(v)(1)(L)(vi) of such Act (42 U.S.C.
1395x(v)(1)(L)(vi)) is amended to read as follows:
``(vi) Where the Secretary establishes that beneficiaries use
services furnished by more than one home health agency for purposes of
circumventing the per beneficiary annual limitation under clause (v),
the per beneficiary limitation shall be prorated among the agencies.''.
(f) Publication of New Limits.--Section 1861(v)(1)(L)(vii) of such
Act (42 U.S.C. 1395x(v)(1)(L)(vii)) is amended by adding at the end the
following new subclause:
``(III) Notwithstanding subclause (II), in the case of per visit or
per beneficiary limits for fiscal year 1999 established by reason of
the Homebound Elderly Relief Opportunity Act of 1998, the Secretary
shall establish such limits by not later than 90 days after the date of
the enactment of such Act.''.
SEC. 3. MODIFICATION OF CALCULATION OF PAYMENT AMOUNT FOR HOME HEALTH
SERVICES UNDER THE PROSPECTIVE PAYMENT SYSTEM.
(a) Establishment of Equitable Limits for Calculating Prospective
Payment Rates.--
(1) In general.--Section 1895(b)(3)(A)(i) of the Social
Security Act (42 U.S.C. 1395fff(b)(3)(A)(i)) is amended by
inserting ``the greater of $19,000,000,000 or'' after ``equal
to''.
(2) Contingency.--Section 4603(e) of the Balanced Budget
Act of 1997 (42 U.S.C. 1395fff note) is amended to read as
follows:
``(e) Contingency.--
``(1) In general.--If the Secretary of Health and Human
Services for any reason does not establish and implement the
prospective payment system for home health services described
in section 1895(b) of the Social Security Act (as added by
subsection (a)) for cost reporting periods described in
subsection (d), the Secretary shall provide--
``(A) for such cost reporting periods that begin
before October 1, 2002, an adjustment to the cost
limits described in section 1861(v)(1)(L) of such Act
(42 U.S.C. 1395x(v)(1)(L)) so that the aggregate
amounts payable for such services in a fiscal year do
not exceed the greater of--
``(i) the applicable amount (as defined in
paragraph (2)); or
``(ii) the aggregate amount of payments for
such services that would have been made in such
fiscal year if such cost limits (as those
limits would otherwise be in effect on
September 30, 1999) had been reduced by 15
percent; and
``(B) for such cost reporting periods that begin on
or after October 1, 2002, a reduction by 15 percent in
such cost limits (as so in effect).
``(2) Applicable amount defined.--In paragraph (1) the term
`applicable amount' means, with respect to a fiscal year, the
following amount:
``(A) For fiscal year 2000, $19,000,000,000.
``(B) For fiscal year 2001, $21,400,000,000.
``(C) For fiscal year 2002, $23,100,000,000.''.
(b) Temporary Restoration of Periodic Interim Payment for Home
Health Services.--Section 1815(e)(2) of the Social Security Act (42
U.S.C. 1395g(e)(2)) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) by redesignating subparagraph (D) as subparagraph (E);
and
(3) by inserting after subparagraph (C) the following:
``(D) home health services until the end of the 12-month
period following the date that the prospective payment system
for such services is implemented under section 1895; and''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall take effect as if included in
the enactment of the Balanced Budget Act of 1997. | Homebound Elderly Relief Opportunity Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act (SSA), as amended by the Balanced Budget Act of 1997 (BBA '97), with respect to the computation formula of the interim system of limited payments for services provided by home health agencies. Declares that such interim system shall apply only if aggregate expenditures for home health services in a fiscal year exceed specified applicable amounts for FY 1998 and 1999 (with adjustments through FY 2002). Requires the Secretary of Health and Human Services, in the case of such an excess, to implement such system beginning January 1 of the year following the fiscal year in which such aggregate expenditures exceed the applicable amount.
Includes in the computation formula the separate determination of costs for agencies in rural and nonrural areas.
Provides for adjustment of payments (up to five percent of the aggregate projected or estimated payments) for outliers where the reasonable cost for home health services to an individual exceeds the per beneficiary limit by a fixed number of standard deviations.
Eliminates the special rule for new agencies with respect to determination of the reasonable cost of home health services.
Provides for a five percent increase in per-visit cost limits for cost reporting periods beginning on or after October 1, 1997.
Amends SSA title XVIII (Medicare) to modify calculation of the payment amount for home health services under the prospective payment system (PPS) for them created under BBA '97.
Provides for an adjustment in the current 15 percent reduction in cost and per beneficiary limits for cost reporting periods beginning before October 1, 2002, if the PPS is not established for the pertinent cost reporting periods, with a return of the current reduction for cost reporting periods beginning on or after such date.
Amends SSA title XVIII to provide for temporary restoration of periodic interim payment for home health services until the PPS for such services is implemented under Medicare. | {"src": "billsum_train", "title": "Homebound Elderly Relief Opportunity Act of 1998"} | 1,914 | 414 | 0.665098 | 2.175698 | 0.726509 | 3.451613 | 4.174731 | 0.860215 |
SECTION 1. NATIONAL CENTER FOR SLEEP DISORDERS RESEARCH.
Part C of title IV (42 U.S.C. 285 et seq.) is amended by adding at
the end thereof the following new subpart:
``Subpart 17--National Center for Sleep Disorders Research
``SEC. 464W. NATIONAL CENTER FOR SLEEP DISORDERS RESEARCH.
``There shall be in the National Heart, Lung and Blood Institute an
agency to be known as the National Center for Sleep Disorders Research
(hereafter referred to in this subpart as the `Center') to be headed by
a Director who shall be appointed by and report directly to the
Director of the Institute.
``SEC. 464X. PURPOSE OF THE CENTER.
``The general purpose of the Center is the conduct and support of
biomedical and related research and research training, the
dissemination of health information, and the conduct of other programs
with respect to various sleep disorders, the basic understanding of
sleep, biological and circadian rhythm research, chronobiology and
other sleep related research.
``SEC. 464Y. SPECIFIC AUTHORITIES.
``In carrying out the purpose described in section 464X, the
Director of the Center may--
``(1) award grants and enter into cooperative agreements
and contracts;
``(2) provide for clinical trials with respect to sleep
disorders treatment and sleep medications;
``(3) support sleep disorders research and training
centers;
``(4) support sleep disorders research conducted or
supported by more than one such agency;
``(5) support and conduct the collection of epidemiology
data on sleep disorders;
``(6) conduct a National Education Campaign and establish a
National Sleep Disorders Information Clearinghouse;
``(7) in consultation with the Directors of the National
Heart, Lung and Blood Institute, the National Institute on
Aging, the National Institute of Neurological Disorders and
Stroke, the National Institute of Child Health and Human
Development, the National Institute of Mental Health, and other
Institutes, support and coordinate ongoing research, centers,
training and other grant activities;
``(8) coordinate the activities of the Center with similar
activities of other agencies of the Federal Government,
including the other agencies of the National Institutes of
Health, and with similar activities of other public entities
and of private entities; and
``(9) with the approval of the Director of the National
Institutes of Health and advisory board established under
section 464BB, appoint technical and scientific peer review
groups in addition to any such groups appointed under section
492.
``SEC. 464Z. RESEARCH PLAN.
``(a) Development.--After consultation with the Director of the
Center, the advisory board established under section 464BB, and the
coordinating committee established under section 464AA, the Director of
the National Institutes of Health shall develop a comprehensive plan
for the conduct and support of sleep disorders research.
``(b) Contents.--The plan developed under subsection (a) shall
identify priorities with respect to such research and shall provide for
the coordination of such research conducted or supported by the
agencies of the National Institutes of Health.
``(c) Revision.--The Director of the National Institutes of Health
(after consultation with the Director of the Center, the advisory board
established under section 464BB, and the coordinating committee
established under section 464AA) shall revise the plan developed under
subsection (a) as appropriate.
``SEC. 464AA. COORDINATING COMMITTEE.
``(a) Establishment.--The Director of the National Institutes of
Health shall establish a committee to be known as the Sleep Disorders
Coordinating Committee (hereafter in this subpart referred to as the
`Coordinating Committee').
``(b) Composition.--The Coordinating Committee shall be composed of
the directors of the National Institutes of Health, the National
Institute on Aging, the National Institute of Child Health and Human
Development, the National Heart, Lung and Blood Institute, the National
Institute of Neurological Disorders and Stroke, the National Institute
of Mental Health, and of such other national research institutes as the
Director of the National Institutes of Health determines to be
appropriate, and shall include representation from other Federal
departments and agencies whose programs involve sleep disorders.
``(c) Duties.--The Coordinating Committee shall make
recommendations to the Director of the National Institutes of Health
and the Director of the Center with respect to the content of the plan
required in section 464Z, with respect to the activities of the Center
that are carried out in conjunction with other agencies of the National
Institutes of Health, and with respect to the activities of the Center
that are carried out in conjunction with other agencies of the Federal
Government.
``SEC. 464BB. ADVISORY BOARD.
``(a) Establishment.--The Director of the National Institutes of
Health shall establish a board to be known as the Sleep Disorders
Research Advisory Board (hereafter in this section referred to as the
`Advisory Board').
``(b) Duties.--The Advisory Board shall advise, assist, consult
with, and make recommendations to the Director of the National
Institutes of Health and the Director of the Center concerning matters
relating to the scientific activities carried out by and through the
Center and the policies respecting such activities, including
recommendations with respect to the plan required in section 464Z.
``(c) Membership.--
``(1) In general.--The Director of the National Institutes
of Health shall appoint to the Advisory Board 12 appropriately
qualified representatives of the public who are not officers or
employees of the Federal Government. Of such members, eight
shall be representatives of health and scientific disciplines
with respect to sleep disorders and four shall be individuals
representing the interests of individuals with or undergoing
treatment for sleep disorders.
``(2) Ex Officio Members.--The following officials shall
serve as ex officio members of the Advisory Board:
``(A) The Director of the National Institutes of
Health.
``(B) The Director of the Center.
``(C) The Director of the National Heart, Lung and
Blood Institute.
``(D) The Director of the National Institute of
Mental Health.
``(E) The Director of the National Institute on
Aging.
``(F) The Director of the National Institute of
Child Health and Human Development.
``(G) The Director of the National Institute of
Neurological Disorders and Stroke.
``(H) The Assistant Secretary for Health.
``(I) The Assistant Secretary of Defense (Health
Affairs).
``(J) The Chief Medical Director of the Veterans'
Administration.
``(d) Chairperson.--The members of the Advisory Board shall, from
among the members of the Advisory Board, designate an individual to
serve as the chairperson of the Advisory Board.
``(e) Construction.--Except as inconsistent with, or inapplicable
to, this section, the provisions of section 406 shall apply to the
advisory board established under this section in the same manner as
such provisions apply to any advisory council established under such
section.
``SEC. 464CC. RELATED AGENCY ACTIVITY.
``(a) Secretary of Transportation.--The Secretary of Transportation
is authorized to collect data, conduct studies and disseminate public
information concerning the impact of sleep disorders and sleep
deprivation on transportation safety. The Secretary of Transportation
is authorized to coordinate these activities with the Center.
``(b) Secretary of Defense.--The Secretary of Defense is authorized
to collect data, conduct studies and disseminate public information
concerning the impact of sleep disorders and sleep deprivation on
military readiness. The Secretary of Defense is authorized to
coordinate these activities with the Center.
``(c) Secretary of Education.--The Secretary of Education is
authorized to collect data, conduct studies and disseminate public
information concerning the impact of sleep disorders and sleep
deprivation on learning and education. The Secretary of Education is
authorized to coordinate these activities with the Center.
``(d) Secretary of Labor.--The Secretary of Labor is authorized to
collect data, conduct studies and disseminate public information
concerning the impact of sleep disorders and sleep deprivation in the
workplace and in industry with a particular emphasis on shiftwork,
hours of service and other scheduling issues. The Secretary of Labor is
authorized to coordinate these activities with the Center.
``(e) Secretary of Commerce.--The Secretary of Commerce is
authorized to collect data, conduct studies and disseminate public
information concerning the impact of sleep disorders and sleep
deprivation on the commerce and industrial capacity of the United
States. The Secretary of Commerce is authorized to coordinate these
activities with the Center.''. | Amends the Public Health Service Act to establish in the National Heart, Lung, and Blood Institute the National Center for Sleep Disorders Research to conduct and support such research, research training, information dissemination, and other programs. Mandates a comprehensive research plan, a Sleep Disorders Coordinating Committee, and a Sleep Disorders Research Advisory Board.
Authorizes data collection, studies, and information dissemination concerning the impact of sleep disorders and sleep deprivation by the Secretaries of: (1) Transportation on transportation safety; (2) Defense on military readiness; (3) Education on learning and education; (4) Labor on the workplace and industry; and (5) Commerce on commerce and industrial capacity. | {"src": "billsum_train", "title": "A bill to establish a National Center for Sleep Disorders Research within the National Heart, Lung and Blood Institute, to coordinate sleep disorders research within the National Institutes of Health, to further facilitate the study of sleep disorders, and to establish a mechanism for education and training in sleep disorders, and for other purposes."} | 1,923 | 142 | 0.519183 | 1.49097 | 0.591252 | 2.93985 | 13.285714 | 0.954887 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Trial Lawyer Pork Act''.
TITLE I--ELIMINATION OF BENEFITS FOR TRIAL LAWYERS
SEC. 101. FINDINGS.
The Congress finds the following:
(1) In the spring of 2008, former powerhouse trial lawyer
William Lerach was sentenced to a two-year term in Federal
prison for his role in a $250 million criminal scheme of
illegal kickbacks to plaintiffs. Shortly before his sentencing,
Mr. Lerach told the Wall Street Journal that illegal kickbacks
to people recruited to file class action lawsuits is an
``industry practice'' in the American trial lawyer business.
Mr. Lerach and fellow powerhouse trial lawyer Melvin Weiss, who
collaborated on the scheme together as members of the law firm
formerly known as Milberg Weiss, are now both serving time in
Federal prison for their roles in this criminal scheme.
(2) In an unrelated but equally troubling instance of
corruption in the trial lawyer industry, one of the wealthiest
trial lawyers in America, Richard ``Dickie'' Scruggs of
Mississippi, pled guilty in March 2008 to bribing a State judge
in order to obtain higher legal fees. Mr. Scruggs is now
serving time in Federal prison.
(3) In May 2008, in response to these troubling
developments, the minority leader, Mr. Boehner of Ohio, and the
ranking minority member of the Committee on the Judiciary, Mr.
Lamar Smith of Texas, asked the Chairman of the Judiciary
Committee, Mr. Conyers of Michigan, and the Speaker of the
House, Ms. Pelosi of California, to schedule a bipartisan
investigatory hearing to examine Mr. Lerach's assertion that
illegal activity is an ``industry practice'' in the trial
lawyer industry. In making the request, the minority leader and
the ranking member cited growing evidence that illegitimate and
predatory lawsuits are destroying jobs, harming the nation's
economy, and endangering the prosperity of American families.
(4) The Washington Post has called for ``a sober discussion
about how best to achieve a fairer, more balanced legal system
through comprehensive tort reform''.
(5) As of September 2008, the minority's request for a
bipartisan congressional response to reports of trial lawyer
corruption has been ignored, and no hearings have been
conducted on the Milberg Weiss scandal or the broader issues
raised by the recent trial lawyer scandals.
(6) Instead of investigating the trial lawyer industry and
examining the potential threat to American jobs posed by the
illegal activity Mr. Lerach calls an ``industry practice'', the
majority has provided a steady flow of special legislative
favors to the trial lawyer industry since the start of the
110th Congress. Numerous provisions have been inserted into
bills on behalf of the trial lawyer industry by the majority,
often with little scrutiny or debate. One of the most egregious
instances of this trial lawyer pork is the new tax benefit
contained in H.R. 6049, which passed the House on March 21,
2008. It is estimated this provision will hand lawyers, and
only lawyers, a $1.6 billion windfall over the next 10 years at
the expense of U.S. taxpayers and American jobs.
(7) According to the Center for Responsive Politics,
lawyers and law firms gave $85 million to Democratic candidates
during the 2006 election cycle. And in return for the stream of
special legislative favors it has received from the majority,
the trial lawyer industry has further increased its political
support for the majority during the current Congress. According
to National Journal: ``In the first quarter of 2008, the AAJ
[American Association for Justice, formerly known as the
Association of Trial Lawyers of America] spent $1.1 million on
lobbying in Washington, according to disclosure reports it
filed with Congress. Lawyers and law firms are also playing in
the political arena--they are the No. 1 sector among donors to
Federal candidates in this election cycle, with $83 million in
contributions, according the Center for Responsive Politics. Of
that amount, the American Association for Justice political
action committee has contributed $1.9 million to candidates, 95
percent to Democrats'' (Swindell, Bill; ``Trial Lawyers Mount a
Comeback'', National Journal, July 12, 2008).
(8) Instead of providing special favors to benefit the
scandal-plagued American trial lawyer industry, the 110th
Congress should be investigating the industry. The trial lawyer
pork inserted into legislation by the majority during the 110th
Congress should be shut down, and bipartisan investigatory
hearings should be scheduled immediately to determine the
extent to which the illegal activity William Lerach describes
as an ``industry practice'' in the trial lawyer business is
destroying American jobs and harming the prosperity of working
families.
SEC. 102. ELIMINATION OF CERTAIN PROVISIONS OF LAW BENEFITTING TRIAL
LAWYERS.
(a) In General.--Provisions of law that benefit trial lawyers to
the detriment of consumers in any of the following categories shall
have no force or effect, whether enacted before, on, or after the date
of the enactment of this Act:
(1) Anti-protective orders, such as the Sunshine in
Litigation Act of 2008 (H.R. 5884).
(2) Broadening maritime lawsuits such as the Coast Guard
Authorization Act of 2008 (section 405 of H.R. 2830).
(3) Prohibition of uniform Federal law and expansion of
medical liability lawsuits such as the FDA preemption
legislation in the Medical Device Safety Act of 2008 (H.R.
6381).
(4) Expansion of environmental lawsuits such as the Carbon-
Neutral Government Act of 2007 (section 212(f) of H.R. 2635).
(5) Ending arbitration agreements such as the Arbitration
Fairness Act of 2007 (H.R. 3010), the Fairness in Nursing Home
Arbitration Act of 2008 (H.R. 6126), and the Automobile
Arbitration Fairness Act of 2008 (H.R. 5312).
(6) Expansion of asbestos lawsuits such as the Ban Asbestos
in America Act of 2007 (H.R. 3285) and the Bruce Vento Ban
Asbestos and Prevent Mesothelioma Act of 2007 (H.R. 3339).
(7) Expansion of products liability lawsuits such as the
Protecting Americans from Unsafe Foreign Products Act (H.R.
5913).
(8) Providing tax breaks for lawsuits such as the Renewable
Energy and Job Creation Act of 2008 (section 311 of H.R. 6049).
(b) Rule of Construction.--A provision of an Act of Congress
enacted after the date of the enactment of this Act that would not have
effect by reason of subsection (a) may nonetheless take effect if the
Act enacting that provision--
(1) by specific reference cites a report of the General
Accountability Office that concludes that--
(A) such provision would not benefit trial lawyers
to the detriment of consumers; and
(B) in the absence of such provision, there are no
other means of remedy or enforcement including State
and Federal oversight and State or Federal civil or
criminal actions; and
(2) has been determined by the Congressional Budget Office
not to have a negative fiscal impact.
TITLE II--CLARITY AND TRANSPARENCY IN THE CREATION OF PRIVATE RIGHTS OF
ACTION UNDER FEDERAL LAW
SEC. 201. SHORT TITLE.
This title may be cited as the ``Clarity and Transparency in
Lawsuits Act'' or ``CATLA''.
SEC. 202. FINDINGS.
The Congress finds the following:
(1) Private rights of action shift enforcement and public
policy decisions from regulatory agencies to private lawyers
representing individual plaintiffs.
(2) Courts are routinely asked to recognize implied rights
of action under Federal law. Such implied rights of action add
unpredictability to the civil justice system and may have
unforeseen adverse consequences.
(3) The merits of creating a private right of action should
be subject to open debate and close consideration in Congress.
Such determinations should not be left to guesswork by courts
seeking to uncover legislative intent.
(4) This legislation will fulfill the strong suggestion of
the Supreme Court of the United States that ``[w]hen Congress
intends private litigants to have a cause of action to support
their statutory rights, the far better course is for it to
specify as much when it creates those rights.'' Cannon v.
University of Chicago, 441 U.S. 677, 717 (1979).
(5) On numerous occasions, Congress has enacted statutes
that explicitly provide a private right of action.
(6) Expressly stating any private right of action will
eliminate uncertainty for both potential plaintiffs and
defendants, will reduce unnecessary, protracted and costly
litigation, and will avoid the confusion of inconsistent or
conflicting court decisions.
SEC. 203. CLARITY AND TRANSPARENCY IN PRIVATE RIGHTS OF ACTION.
Any Federal law creating a private right of action shall include
express language providing for such a right. No Federal or State court
shall construe any Federal law to imply a private right of action in
absence of such an express provision.
SEC. 204. EFFECTIVE DATE.
This Act shall take effect on the date of the enactment of this Act
and shall apply prospectively and to those previously enacted laws that
have not already been interpreted by the Supreme Court to create a
private right of action.
TITLE III--PROSECUTING OR COUNSELING CLAIMS OR DEFENSES THAT ARE FALSE,
FRIVOLOUS, OR WHOLLY INSUBSTANTIAL
SEC. 301. PROSECUTING OR COUNSELING CLAIMS OR DEFENSES THAT ARE FALSE,
FRIVOLOUS, OR WHOLLY INSUBSTANTIAL.
(a) In General.--No attorney at law shall in any litigation, in or
affecting commerce among the States or with foreign nations, prosecute
or counsel any action, or assert any claim or defense, which is false,
frivolous, or wholly insubstantial.
(b) Sanction.--The sanction for a violation of this section shall
consist of an order to pay to the party or parties the amount of the
reasonable expenses incurred as a direct result of the violation,
including reasonable attorneys' fees and costs. The court may also
impose additional appropriate sanctions, such as striking the
pleadings, dismissing the suit, or other directives of a nonmonetary
nature, or, if warranted for effective deterrence, an order directing
payment of a penalty into the court.
TITLE IV--LAWSUIT ABUSE REDUCTION
SEC. 401. SHORT TITLE.
This title may be cited as the ``Lawsuit Abuse Reduction Act''.
SEC. 402. ATTORNEY ACCOUNTABILITY.
(a) Sanctions Under Rule 11.--Rule 11(c) of the Federal Rules of
Civil Procedure is amended--
(1) in paragraph (1), by striking ``may'' and inserting
``shall'';
(2) in paragraph (2), by striking ``Rule 5'' and all that
follows through ``motion.'' and inserting ``Rule 5.''; and
(3) in paragraph (4), by striking ``situated'' and all that
follows through the end of the paragraph and inserting
``situated, and to compensate the parties that were injured by
such conduct. Subject to the limitations in paragraph (5), the
sanction shall consist of an order to pay to the party or
parties the amount of the reasonable expenses incurred as a
direct result of the violation, including reasonable attorneys'
fees and costs. The court may also impose additional
appropriate sanctions, such as striking the pleadings,
dismissing the suit, or other directives of a nonmonetary
nature, or, if warranted for effective deterrence, an order
directing payment of a penalty into the court'' ; and
(4) by adding at the end the following:
``(7) Appeal.--An attorney has the right to appeal a
sanction under this subdivision. While such an appeal is
pending, the sanction shall be stayed.''.
(b) Rule of Construction for Civil Rights Claims.--Rule 11 of the
Federal Rules of Civil Procedure is amended by adding at the end the
following:
``(e) Rule of Construction for Civil Rights Claims.--Nothing in
subdivisions (a) through (c) of this rule shall be construed to bar or
impede the assertion or development of new claims or remedies under
Federal, State, or local civil rights law.''.
SEC. 403. PREVENTION OF INTERSTATE FORUM-SHOPPING.
(a) Generally.--A person may not bring a personal injury claim in
the court of a State if the person is not a resident of that State
unless all or a substantial part of the acts or omissions giving rise
to the claim asserted occurred in that State.
(b) Alternate Venue.--Notwithstanding subsection (a) and subject to
subsection (g), if a person cannot obtain jurisdiction in either
Federal or State court against the defendant in the State where all or
a substantial part of the acts or omissions giving rise to the claim
asserted occurred, then the claim may be filed in a court of another
State, unless barred by the statute of limitations or otherwise time
barred in the State where the action arose, if--
(1) the defendant's principal place of business is located
in that State, if the defendant is a corporation, or
(2) the defendant resides in that State, if the defendant
is an individual.
A person bringing such an action shall be required to establish, by
filing an affidavit with the complaint for consideration by the court,
that such action cannot be maintained in the State where the action
arose due to lack of any legal basis to obtain personal jurisdiction
over the defendant.
(c) Joinder and Intervention.--In a civil action where more than
one plaintiff is joined, each plaintiff must independently satisfy the
requirements of this section. A person may not intervene or join in a
pending civil action as a plaintiff unless the person independently
satisfies the requirements of this section. If the requirements of this
section are not satisfied by any such nonresident plaintiff, the court
shall dismiss the claims of the plaintiff without prejudice to refiling
in a court in any other State or jurisdiction.
(d) Most Appropriate Forum.--If a person alleges that a substantial
part of the acts or omissions giving rise to the personal injury claim
occurred in more than State, the trial court shall determine which
State is the most appropriate forum for the claim based on whether the
private interests of the litigants and the public interest weigh in
favor of the alternate forum.
(1) Factors to be weighed in considering the private
interests include:
(A) the relative ease of access to sources of
proof;
(B) the availability of compulsory process for
attendance of unwilling and the cost of obtaining
attendance of willing witnesses;
(C) the distance from the site of the accident or
incident which gave rise to the litigation, including
the possibility of viewing of the premises, if
appropriate;
(D) the possibility of harassment of either party
in litigating in an inconvenient forum;
(E) the enforceability of any judgment obtained;
and
(F) any other practical problems which contribute
to the ease, expense, and expedition of the trial.
(2) Factors affecting the public interest include:
(A) the administrative difficulties for the forum
courts;
(B) the desirability of having controversies
decided in the locale where people are most affected by
it;
(C) the burden of jury duty on citizens of a State
that has little relation to the litigation; and
(D) consideration of the State law which must
govern the case.
(e) Dismissal and Tolling.--If the court determines that another
forum would be the most appropriate forum for a claim, the court shall
dismiss the claim. Any otherwise applicable statute of limitations
shall be tolled beginning on the date the claim was filed and ending on
the date the claim is dismissed under this subsection.
(f) Definitions.--In this section:
(1) The term ``personal injury claim''--
(A) means a civil action brought under State law by
any person to recover for a person's personal injury,
illness, disease, death, mental or emotional injury,
risk of disease, or other injury, or the costs of
medical monitoring or surveillance (to the extent such
claims are recognized under State law), including any
derivative action brought on behalf of any person on
whose injury or risk of injury the action is based by
any representative party, including a spouse, parent,
child, or other relative of such person, a guardian, or
an estate; and
(B) does not include a claim brought as a class
action.
(2) The term ``person'' means any individual, corporation,
company, association, firm, partnership, society, joint stock
company, or any other entity, but not any governmental entity.
(3) The term ``State'' includes the District of Columbia,
the Commonwealth of Puerto Rico, the United States Virgin
Islands, Guam, and any other territory or possession of the
United States.
(g) No Impact on Suits Against Foreign Defendants.--Nothing in this
section shall be construed to limit Federal or State court jurisdiction
over any defendant that is a foreign state or a citizen or subject of a
foreign state.
(h) State Venue Requirements.--Nothing in this section shall
preempt or supersede any State law relating to venue requirements that
otherwise would not permit a person to bring, join, or intervene in
personal injury claims in that State.
(i) Applicability.--This section applies to any personal injury
claim filed in State court on or after the date of the enactment of
this Act. | Stop Trial Lawyer Pork Act - Declares that certain federal laws that benefit trial lawyers to the detriment of consumers shall have no force or effect, whether enacted before, on, or after the enactment of this Act. Includes among such laws: (1) the Sunshine in Litigation Act of 2008; (2) the Medical Device Safety Act of 2008; (3) the Protecting Americans from Unsafe Foreign Products Act; (4) the Arbitration Fairness Act of 2007; (5) the Ban Asbestos in America Act of 2007; and (6) the Renewable Energy and Job Creation Act of 2008.
Clarity and Transparency in Lawsuits Act or CATLA - Requires any federal law creating a private right of action to include express language providing for such a right. Prohibits any federal or state court from construing any federal law to imply a private right of action in absence of such an express provision.
Prohibits any attorney at law, in any litigation in or affecting commerce among the states or with foreign nations, from prosecuting or counseling any action, or asserting any claim or defense, which is false, frivolous, or wholly insubstantial. Establishes sanctions for violation of such prohibition.
Lawsuit Abuse Reduction Act - Amends Rule 11 (Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions) of the Federal Rules of Civil Procedure to require the court to impose an appropriate sanction on any attorney, law firm, or party that has violated, or is responsible for the violation of, the rule with regard to representations to the court. Requires any sanction to compensate parties injured by the conduct in question. Gives an attorney a right to appeal such a sanction.
Prohibits a person from bringing a personal injury claim in the court of a state if the person is not a resident of that state (interstate forum-shopping), unless all or a substantial part of the acts or omissions giving rise to the claim asserted occurred in that state. | {"src": "billsum_train", "title": "To eliminate certain provisions of law providing benefits to trial lawyers, and for other purposes."} | 4,023 | 461 | 0.368383 | 1.389731 | 0.666455 | 5.171958 | 9.460317 | 0.944444 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fast and Efficient Tax Filing Act''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds the following:
(1) The Internal Revenue Code of 1986 currently provides
that the postmark on a tax document is deemed to be its
delivery date (known as the ``timely-mailing-as-timely-filing''
rule).
(2) A recent decision by the United States Court of Appeals
has held that in order for a taxpayer to rely on this
provision, he or she is required to use the United States
Postal Service. As a result, even if a taxpayer uses an
overnight delivery service that guarantees earlier receipt by
the Internal Revenue Service than first class mail, his or her
tax documents are considered officially late.
(3) It is in the best interests of the Internal Revenue
Service that tax documents, including payments of tax
liabilities, be delivered as promptly as possible.
(4) Several major private delivery services in the United
States are at least as timely and reliable on a regular basis
as the United States Postal Service and are widely used for
vital document delivery in virtually all other facets of our
Nation's economic life.
(5) It is inequitable that a taxpayer should be assessed
penalties and interest even though his return arrives at the
Internal Revenue Service prior to that of another taxpayer who
is not penalized, and even though both taxpayers responsibly
sent their returns at the same time.
(6) In its recent interpretation of the ``timely-mailing-
as-timely-filing'' rule, the United States Court of Appeals for
the 9th Circuit stated that there is ``a legitimate policy
rationale for extending the rule to private delivery
services,'' but stated further that ``it is for Congress, not
the courts, to make such a change.''
(7) Existing law should be changed to permit the Secretary
of the Treasury to designate qualified delivery services in
addition to the United States Postal Service for purposes of
the ``timely-mailing-as-timely-filing'' rule, thereby
increasing the efficiency of the Internal Revenue Service and
making it easier for United States taxpayers to file their tax
returns on time.
SEC. 3. USE OF PRIVATE DELIVERY SERVICES FOR TIMELY-MAILING-AS-TIMELY-
FILING RULE.
Section 7502 of the Internal Revenue Code of 1986 (relating to
timely mailing treated as timely filing and paying) is amended by
adding at the end the following new subsection:
``(f) Treatment of Private Delivery Services.--
``(1) In general.--Any reference in this section to the
United States mail shall be treated as including a reference to
any designated delivery service, and any reference in this
section to a postmark by the United States Postal Service shall
be treated as including a reference to any date recorded or
marked as described in paragraph (2)(C).
``(2) Designated delivery service.--For purposes of
paragraph (1), the term `designated delivery service' means any
delivery service provided by a trade or business if such
service is designated by the Secretary for purposes of this
section. The Secretary may designate a delivery service under
the preceding sentence only if the Secretary determines that
such service--
``(A) is available to the public,
``(B) is at least as timely and reliable on a
regular basis as the United States mail, and
``(C) records electronically to its data base, kept
in the regular course of its business, or marks on the
cover in which any item referred to in this section is
to be delivered, the date on which such item was given
to such trade or business for delivery.
``(3) Equivalents of registered and certified mail.--The
Secretary may provide a rule similar to the rule of paragraph
(1) with respect to any service provided by a designated
delivery service which is substantially equivalent to United
States registered or certified mail.''
SEC. 4. USE OF PRIVATE DELIVERY SERVICES.
(a) In General.--Chapter 77 of the Internal Revenue Code of 1986
(relating to miscellaneous provisions) is amended by adding at the end
the following new section:
``SEC. 7524. USE OF PRIVATE DELIVERY SERVICES.
``(a) In General.--Any reference in this title to the mailing of
any notice, request, or other document shall be treated as including a
reference to delivery by any designated delivery service.
``(b) Designated delivery service.--For purposes of subsection (a),
the term `designated delivery service' means a delivery service
designated under paragraph (2) of section 7502(f).
``(c) Applicability to registered and certified mail.--Subsection
(a) shall apply with respect to United States registered or certified
mail only to the extent provided by the Secretary by regulation.''
(b) Clerical Amendment.--The table of sections for chapter 77 of
such Code is amended by adding at the end the following new item:
``Sec. 7524. Use of private delivery
services.'' | Fast and Efficient Tax Filing Act - Amends the Internal Revenue Code to permit the use of any private designated delivery service under the timely-mailing-as-timely-filing rule. | {"src": "billsum_train", "title": "Fast and Efficient Tax Filing Act"} | 1,128 | 46 | 0.583762 | 1.439172 | 0.650493 | 4.685714 | 30.228571 | 0.971429 |
SECTION 1. SHORT TITLE.
This Act my be cited as the ``School Safety Act of 1999''.
SEC. 2. AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT.
(a) Placement in Alternative Educational Settings.--Section 615(k)
of the Individual with Disabilities Education Act (20 U.S.C. 1415(k))
is amended--
(1) in paragraph (1)(A)(ii), by striking ``45 days if--''
and all that follows through ``(II) the child'' and inserting
``45 days if the child'';
(2) in paragraph (2), by striking ``A hearing'' and
inserting ``Except as provided in paragraph (10), a hearing'';
(3) by redesignating paragraph (10) as paragraph (11);
(4) by inserting after paragraph (9) the following new
section:
``(10) Expulsion or suspension with respect to weapons.--
``(A) Authority of school personnel with respect to
weapons.--Notwithstanding any other provision of this
Act, school personnel may suspend or expel a child with
a disability who--
``(i) carries or possesses a weapon to or
at a school, on school premises, or to or at a
school function under the jurisdiction of a
State or a local educational agency; or
``(ii) threatens to carry, possess, or use
a weapon to or at a school, on school premises,
or to or at a school function under the jurisdiction of a State or a
local educational agency;
in the same manner in which such personnel would
suspend or expel a child without a disability.
``(B) Definitions.--For the purposes of this
paragraph:
``(i) Weapon.--The term `weapon' has the
meaning given the term under applicable State
law.
``(ii) Threatens to carry, possess, or use
a weapon.--The term `threatens to carry,
possess, or use a weapon' includes behavior in
which a child verbally threatens to kill
another person.
``(C) Free appropriate public education.--
``(i) Ceasing to provide education.--A
child expelled or suspended under subparagraph
(A) shall not be entitled to continued
educational services, including, but not
limited to a free appropriate public education,
under this Act, during the term of such
expulsion or suspension, if the State in which
the local educational agency responsible for
providing educational services to such child
does not require a child without a disability
to receive educational services after being
suspended or expelled.
``(ii) Providing education.--
Notwithstanding clause (i), the local
educational agency responsible for providing
educational services to a child with a
disability who is expelled or suspended under
subparagraph (A) may choose to continue to
provide educational services to such child. If
the local educational agency so chooses, then--
``(I) nothing in this Act shall
require the local educational agency to
provide such child with a free
appropriate public education, or any
particular level of service; and
``(II) the site where the local
educational agency provides the
services shall be left to the
discretion of the local educational
agency.''.
(5) in paragraph (11) (as redesignated in paragraph (3)),
by striking subparagraph (D).
(b) Conforming Amendments.--
(1) Section 612(a)(1)(A) of the Individuals with
Disabilities Education Act (20 U.S.C. 1412(a)(1)(A)) is amended
by inserting before the period ``(except as provided in section
615(k)(10))''.
(2) Section 615(f)(1) of the Individuals with Disabilities
Education Act (20 U.S.C. 1415(f)(1)) is amended by inserting at
the beginning of the first sentence ``Except as provided in
section 615(k)(10),''.
SEC. 3. AMENDMENT TO THE GUN-FREE SCHOOLS ACT OF 1994.
Subsection (c) of section 14601 of the Gun-Free Schools Act of 1994
(20 U.S.C. 8921) is amended to read as follows:
``(c) Special Rule.--Notwithstanding any other provision of this
section, this section shall be subject to section 615(k)(10) of the
Individual with Disabilities Education Act (20 U.S.C. 1415(k)(10)).''. | Authorizes school personnel to discipline (including expel or suspend), in the same manner in which such personnel may discipline a child without a disability, a child with a disability who: (1) carries or possesses a weapon to or at a school, on school premises, or to or at a school function under the jurisdiction of a State or local educational agency (LEA); or (2) threatens to do so, which includes behavior in which a child verbally threatens to kill another person.
Declares that a child expelled or suspended shall not be entitled to continued educational services, including a free appropriate public education, during the term of such expulsion or suspension, if the State does not require a child without a disability to receive educational services after being expelled or suspended. Authorizes the LEA, even if State law does not require it to do so, to choose to continue to provide educational services, at any level of services and at a site it chooses.
Amends the Gun-Free Schools Act of 1994 to subject certain provisions to IDEA requirements added by this Act for school expulsion or suspension, because of a weapons violation, of a child with a disability. | {"src": "billsum_train", "title": "School Safety Act of 1999"} | 1,026 | 262 | 0.657892 | 1.781349 | 0.879864 | 4.328947 | 3.864035 | 0.907895 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Non-Discrimination of Israel in
Labeling Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Prior to the issuance of Trade Directive (T.D.) 95-25
and T.D. 97-16, the Customs Service had taken the position
that, in order for the country of origin marking of a good
which was produced in the West Bank or Gaza Strip to be
considered acceptable, the word ``Israel'' must appear in the
marking designation.
(2) The Department of State advised the Department of
Treasury that, in view of certain developments, principally the
Israeli-PLO Declaration of Principles on Interim Self-
Government Arrangements (signed on September 13, 1993), also
known as the Oslo Accords, the primary purpose of section 304
of the Tariff Act of 1930 (19 U.S.C. 1304) would be best served
if goods produced in the West Bank and Gaza Strip under the
Palestinian interim self-government were permitted to be marked
``West Bank'' or ``Gaza Strip''.
(3) The Oslo Accords created a new self-rule entity, an
interim self-governing Palestinian council, granting it the
authority to independently conduct its affairs, including
financial matters such as import and export.
(4) On March 17, 1995, President Clinton signed
Presidential Proclamation 6788 designating the West Bank and
Gaza Strip as a beneficiary of the generalized system of
preferences program.
(5) The United States Customs Border Protection Cargo
Systems Messaging Service guidance dated March 28, 1995,
stated: ``The extension of the generalized system of
preferences program to the West Bank and Gaza Strip pursuant to
this Presidential Proclamation applies only to goods produced
in the areas for which arrangements are being established for
Palestinian interim self-government, as set forth in Articles
I, III, and IV of the Declaration of Principles on Interim
Self-Government arrangements.''.
(6) The March 28, 1995, guidance further articulated
Articles IV and V of the Declaration of Principles on Interim
Self-Government arrangements, stating: ``It is understood that:
Jurisdiction of the Council will cover West Bank and Gaza Strip
territory, except for issues that will be negotiated in the
permanent status negotiations: Jerusalem, settlements, military
location, and Israelis.''.
(7) It is the longstanding policy of the United States to
oppose any effort to delegitimize Israel.
(8) The first free trade agreement by the United States was
between the United States and Israel, effective September 1,
1985.
(9) The United States-Israel Strategic Partnership is a
vital asset to United States national, economic, and security
interests and any boycott, or sanctions effort, or policy that
serves to delegitimize or discriminate against Israel will
ultimately harm United States economic interests.
SEC. 3. ADDITIONAL MARKINGS OF IMPORTED ARTICLES AND CONTAINERS FROM
THE WEST BANK AND GAZA STRIP.
(a) Articles of West Bank.--For purposes of section 304 of the
Tariff Act of 1930 (19 U.S.C. 1304), every article of origin of the
geographical area known as the West Bank (or the container of any such
article) imported into the United States shall be marked in accordance
with the requirements of such section, which--
(1) in the case of an article of an area not administered
by Israel in the West Bank, shall include the words ``West
Bank''; and
(2) in the case of an article of an area administered by
Israel in the West Bank, shall include the words ``Israel'',
``Made in Israel'', or ``Product of Israel''.
(b) Articles of Gaza Strip.--For purposes of section 304 of the
Tariff Act of 1930 (19 U.S.C. 1304), every article of origin of the
geographical area known as the Gaza Strip (or the container of any such
article) imported into the United States shall be marked in accordance
with the requirements of such section, and shall include the words
``Gaza'' or ``Gaza Strip''.
(c) Additional Requirement.--The Secretary of the Treasury or any
other competent Federal official (or the official's designee) may not
prohibit the use of any of the markings specified in subsections (a)
and (b) for purposes of satisfying the applicable requirements under
section 304 of the Tariff Act of 1930 with respect to articles of the
West Bank or the Gaza Strip.
(d) Effective Date.--This section shall take effect on the date of
the enactment of this Act and shall apply with respect to articles
imported into the United States on or after such date of enactment. | Non-Discrimination of Israel in Labeling Act This bill requires that, for purposes of marking imported articles and containers under the Tariff Act of 1930, every article of origin from the geographical area known as the West Bank (or its container) imported into the United States shall include the words: "West Bank" in the case of an article of an area in the West Bank not administered by Israel; and "Israel," "Made in Israel," or "Product of Israel" in the case of an article of an area in the West Bank administered by Israel. Every article of origin from the geographical area known as the Gaza Strip (or its container) imported into the United States shall include the words "Gaza" or "Gaza Strip." Neither the Department of the Treasury nor any other federal department or agency may prohibit the use of any of such markings for purposes of satisfying the Tariff Act of 1930. | {"src": "billsum_train", "title": "Non-Discrimination of Israel in Labeling Act"} | 1,041 | 224 | 0.45737 | 1.436637 | 0.678776 | 4.122222 | 5.394444 | 0.866667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Shareholder and Employee Rights
Restoration Act of 2002''.
SEC. 2. REPEAL OF PROVISIONS OF LAW LIMITING SHAREHOLDER ACTIONS UNDER
THE SECURITIES LAWS.
(a) Repeals.--The following provisions of law are repealed:
(1) Subsections (b), (c), and (d) of section 27 of the
Securities Act of 1933 (15 U.S.C. 77z-1(b), (c), (d)).
(2) Section 27A of the Securities Act of 1933 (15 U.S.C.
77z-2).
(3) Section 21E of the Securities Exchange Act of 1934 (15
U.S.C. 78u-5).
(4) Section 11(f)(2) of the Securities Act of 1933 (15
U.S.C. 77k(f)(2)).
(5) Subsections (b) through (f) of section 16 of the
Securities Act of 1933 (15 U.S.C. 77p(b)-(f)).
(6) Subsection (f) of section 28 of the Securities Exchange
Act of 1934 (15 U.S.C. 78bb(f)).
(b) Additional Amendments To Protect Shareholder Actions and
Whistleblowers.--Section 21D of the Securities Exchange Act of 1934 (15
U.S.C. 78u-4) is amended--
(1) in subsection (a)--
(A) by striking paragraph (8); and
(B) by redesignating paragraph (9) as paragraph
(8);
(2) in subsection (b)--
(A) by inserting ``, but not the sources of those
facts,'' after ``particularity all facts'' in paragraph
(1);
(B) by striking ``strong'' in paragraph (2);
(C) by striking paragraph (3);
(D) by redesignating paragraph (4) as paragraph
(3); and
(3) by striking subsections (c) through (f).
(c) Conforming Amendments.--
(1) Section 16 of the Securities Act of 1933 (15 U.S.C.
77p) is amended by striking ``(a) Remedies Additional.--Except
as provided in subsection (b), the rights'' and inserting ``The
rights''.
(2) Section 22(a) of the Securities Act of 1933 (15 U.S.C.
77v(a)) is amended--
(A) by striking ``except as provided in section 16
with respect to covered class actions,''; and
(B) by striking ``Except as provided in section
16(c), no case'' and inserting ``No case''.
(3) Section 28(a) of the Securities Exchange Act of 1934
(15 U.S.C. 78bb(a)) is amended by striking ``Except as provided
in subsection (f), the rights'' and inserting ``The rights''.
SEC. 3. RESTORATION OF AIDING AND ABETTING LIABILITY.
(a) Securities Act of 1933.--Section 20 of the Securities Act of
1933 (15 U.S.C. 77t) is amended by adding at the end the following new
subsection:
``(g) Prosecution of Persons Who Aid or Abet Violations.--For
purposes of subsections (b) and (d), any person who knowingly or
recklessly provides substantial assistance to another person in the
violation of a provision of this title, or of any rule or regulation
hereunder, shall be deemed to violate such provision to the same extent
as the person to whom such assistance is provided. No person shall be
liable under this subsection based on an omission or failure to act
unless such omission or failure constituted a breach of a duty owed by
such person.''.
(b) Securities Exchange Act of 1934.--Section 20(e) of the
Securities Exchange Act of 1934 (15 U.S.C. 78t(e)) is amended to read
as follows:
``(e) Prosecution of Persons Who Aid or Abet Violations.--For
purposes of subsections (d)(1) and (d)(3) of section 21, or an action
by a self-regulatory organization, or an express or implied private
right of action under this title, any person who knowingly or
recklessly provides substantial assistance to another person in the
violation of a provision of this title, or of any rule or regulation
thereunder, shall be deemed to violate such provision and shall be
liable to the same extent as the person to whom such assistance is
provided. No person shall be liable under this subsection based on an
omission or failure to act unless such omission or failure constituted
a breach of a duty owed by such person.''.
(c) Investment Company Act of 1940.--Section 42 of the Investment
Company Act of 1940 (15 U.S.C. 80a-41) is amended by adding at the end
the following new subsection:
``(f) Prosecution of Persons Who Aid or Abet Violations.--For
purposes of subsections (d) and (e), any person who knowingly or
recklessly provides substantial assistance to another person in the
violation of a provision of this title, or of any rule, regulation, or
order hereunder, shall be deemed to violate such provision to the same
extent as the person to whom such assistance is provided. No person
shall be liable under this subsection based on an omission or failure
to act unless such omission or failure constituted a breach of a duty
owed by such person.''.
(d) Investment Advisers Act of 1940.--Section 209(d) of the
Investment Advisers Act of 1940 (15 U.S.C. 80b-9) is amended--
(1) in subsection (d)--
(A) by striking ``or that any person has aided,
abetted, counseled, commanded, induced, or procured, is
aiding, abetting, counseling, commanding, inducing, or
procuring, or is about to aid, abet, counsel, command,
induce, or procure such a violation,''; and
(B) by striking ``or in aiding, abetting,
counseling, commanding, inducing, or procuring any such
act or practice''; and
(2) by adding at the end the following new subsection:
``(f) Prosecution of Persons Who Aid or Abet Violations.--For
purposes of subsections (d) and (e), any person who knowingly or
recklessly provides substantial assistance to another person in the
violation of a provision of this title, or of any rule, regulation, or
order hereunder, shall be deemed to violate such provision to the same
extent as the person to whom such assistance is provided. No person
shall be liable under this subsection based on an omission or failure
to act unless such omission or failure constituted a breach of duty
owed by such person.''.
SEC. 4. LIMITATIONS PERIOD FOR IMPLIED PRIVATE RIGHTS OF ACTION.
Section 27A of the Securities Exchange Act of 1934 (15 U.S.C. 78aa-
1) is amended to read as follows:
``SEC. 27A. LIMITATIONS PERIOD FOR IMPLIED PRIVATE RIGHTS OF ACTION.
``(a) In General.--Except as otherwise provided in this title, an
implied private right of action arising under this title shall be
brought not later than 3 years after the date on which the alleged
violation was discovered.
``(b) Effective Date.--The limitations period provided by this
section shall apply to all proceedings pending on or commenced after
the date of enactment of the Shareholder and Employee Rights
Restoration Act.''. | Shareholder and Employee Rights Restoration Act of 2002 - Amends the Securities Act of 1933 governing private securities litigation to repeal: (1) certain limits on private class actions; (2) the safe harbor applied to forward-looking statements (corporate predictions); (3) proportionate liability of an outside director; and (4) limitations on class action remedies.Amends the Securities Exchange Act of 1934 to repeal guidelines governing: (1) the safe harbor applied to corporate predictions; (2) limitations on class actions remedies; (3) court-ordered security for payment of costs in class actions; (4) motions to dismiss and stay of discovery; (5) sanctions for abusive litigation; (6) written interrogatories as to defendant's state of mind; (7) limitation on damages; and (8) proportionate liability.Modifies guidelines for a securities fraud action to prohibit a complaint based upon information and belief from specifying the source of the facts upon which such belief is formed (thus granting whistle blower protection).Amends the Securities Act of 1933 and the Investment Advisers Act of 1940 to establish liability for aiding and abetting securities violations.Amends the Securities Exchange Act of 1934 to modify guidelines governing aiding and abetting.Extends the statute of limitations for an implied private right of action to no later than three years after the date on which the alleged violation was discovered. | {"src": "billsum_train", "title": "To repeal the provisions of the Private Securities Litigation Reform Act and the Securities Litigation Uniform Standards Act that limit private securities actions, and for other purposes."} | 1,780 | 291 | 0.49123 | 1.502327 | 0.693045 | 1.931298 | 5.622137 | 0.717557 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Animal Welfare Accountability and
Transparency Act''.
SEC. 2. PUBLIC AVAILABILITY OF REGULATORY RECORDS.
Notwithstanding any other provision of law, not later than 90 days
after the date of enactment of this Act, the Secretary of Agriculture
(referred to in this section as the ``Secretary'') shall maintain and
promptly make available to the public in an online searchable database
in a machine-readable format on the website of the Department of
Agriculture information relating to the administration of the Animal
Welfare Act (7 U.S.C. 2131 et seq.) and the Horse Protection Act (15
U.S.C. 1821 et seq.), including--
(1) the entirety of each report of any inspection
conducted, and record of any enforcement action taken, under--
(A) either of those Acts; or
(B) any regulation issued under those Acts;
(2) with respect to the Animal Welfare Act--
(A) the entirety of each annual report submitted by
a research facility under section 13 of that Act (7
U.S.C. 2143); and
(B) the name, address, and license or registration
number of each research facility, exhibitor, dealer,
and other person or establishment--
(i) licensed by the Secretary under section
3 or 12 of that Act (7 U.S.C. 2133, 2142); or
(ii) registered with the Secretary under
section 6 of that Act (7 U.S.C. 2136); and
(3) with respect to the Horse Protection Act, the name and
address of--
(A) any person that is licensed to conduct any
inspection under section 4(c) of that Act (15 U.S.C.
1823(c)); or
(B) any organization or association that is
licensed by the Department of Agriculture to promote
horses through--
(i) the showing, exhibiting, sale, auction,
or registry of horses; or
(ii) the conduct of any activity that
contributes to the advancement of horses.
SEC. 3. USE OF ALTERNATIVE DEPRECIATION SYSTEM FOR TAXPAYERS VIOLATING
CERTAIN ANIMAL PROTECTION RULES.
(a) In General.--Section 168(g)(1) of the Internal Revenue Code of
1986 is amended by striking ``and'' at the end of subparagraph (D), by
inserting ``and'' at the end of subparagraph (E), and by inserting
after subparagraph (E) the following new subparagraph:
``(F) any property placed in service by a
disqualified taxpayer during an applicable period,''.
(b) Definitions.--Section 168(g) of the Internal Revenue Code of
1986 is amended by adding at the end the following new paragraph:
``(8) Disqualified taxpayer; applicable period.--For
purposes of paragraph (1)(F)--
``(A) Disqualified taxpayer.--
``(i) In general.--The term `disqualified
taxpayer' means any taxpayer if such taxpayer--
``(I) has been assessed a civil
penalty under section 19(b) of the
Animal Welfare Act (7 U.S.C. 2149(b))
or section 6(b) of the Horse Protection
Act (15 U.S.C. 1825(b)) and either the
period for seeking judicial review of
the final agency action has lapsed or
there has been a final judgment with
respect to an appeal of such
assessment, or
``(II) has been convicted under
section 19(d) of the Animal Welfare Act
(7 U.S.C. 2149(d)) or section 6(a) of
the Horse Protection Act (15 U.S.C.
1825(a)) and there is a final judgment
with respect to such conviction.
``(ii) Aggregation rules.--All persons
treated as a single employer under subsection
(a) or (b) of section 52, or subsection (m) or
(o) of section 414, shall be treated as one
taxpayer for purposes of this subparagraph.
``(B) Applicable period.--The term `applicable
period' means, with respect to any violation described
in subparagraph (A), the 5-taxable-year period
beginning with the taxable year in which the period for
seeking judicial review of a civil penalty described in
subparagraph (A)(i) has lapsed or in which there has
been a final judgment entered with respect to the
violation, whichever is earlier.''.
(c) Conforming Amendment.--The last sentence of section 179(d)(1)
is amended by inserting ``or any property placed in service by a
disqualified taxpayer (as defined in section 168(g)(8)(A)) during an
applicable period (as defined in section 168(g)(8)(B))'' after
``section 50(b)''.
(d) Effective Date.--The amendments made by this section shall
apply to property placed in service in taxable years beginning after
the date of the enactment of this section. | Animal Welfare Accountability and Transparency Act This bill requires the Department of Agriculture (USDA) to maintain and publicly disclose records relating to the administration of the Animal Welfare Act and the Horse Protection Act, including specified details regarding inspections, enforcement actions, regulations, registrations, and licenses under the two laws. Within 90 days of the enactment of this bill, USDA must make the records available to the public in an online searchable database in a machine-readable format on its website. The bill also amends the Internal Revenue Code to require a taxpayer who has been convicted or assessed civil penalties for violating certain provisions of the Animal Welfare Act or the Horse Protection Act to use the alternative depreciation system that increases the number of years over which property is depreciated. The taxpayer must use the system for any property placed in service during the five-year period beginning with the year in which the period for seeking judicial review of a civil penalty has lapsed or in which there has been a final judgment entered with respect to the violation, whichever is earlier. | {"src": "billsum_train", "title": "Animal Welfare Accountability and Transparency Act"} | 1,164 | 229 | 0.493515 | 1.482676 | 0.834716 | 3.502488 | 4.820896 | 0.825871 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans' Electronic Health Record
Modernization Oversight Act of 2017''.
SEC. 2. OVERSIGHT OF ELECTRONIC HEALTH RECORD MODERNIZATION PROGRAM.
(a) Program Documents.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs shall
submit to the appropriate congressional committees the following
documents concerning the Electronic Health Record Modernization
Program:
(1) Integrated Master Plan.
(2) Integrated Master Schedule.
(3) Program Management Plan.
(4) Annual and lifecycle cost estimates, including, at a
minimum, cost elements relating to--
(A) Federal Government labor;
(B) contractor labor;
(C) hardware;
(D) software; and
(E) testing and evaluation.
(5) Cost baseline.
(6) Risk Management Plan.
(7) Health IT Strategic Architecture Plan.
(8) Transition Plan for implementing updated architecture.
(9) Data Migration Plan.
(10) System and Data Security Plan.
(11) Application Implementation Plan.
(12) System Design Documents.
(13) Legacy Veterans Information Systems and Technology
Architecture Standardization, Security Enhancement, and
Consolidation Project Plan.
(14) Health Data Interoperability Management Plan.
(15) Community Care Vision and Implementation Plan,
including milestones and a detailed description of how complete
interoperability with non-Department health care providers will
be achieved.
(b) Quarterly Updates.--Not later than 30 days after the end of
each fiscal quarter during the period beginning with the fiscal quarter
in which this Act is enacted and ending on the date on which the
Electronic Health Record Modernization Program is completed, the
Secretary shall submit to the appropriate congressional committees the
most recent updated versions, if any exist, of the following documents:
(1) Integrated Master Schedule.
(2) Program Management Plan, including any written Program
Management Review material developed for the Program Management
Plan during the fiscal quarter covered by the submission.
(3) Each document described in section (a)(4).
(4) Performance Baseline Report for the fiscal quarter
covered by the submission or for the fiscal quarter ending the
fiscal year prior to the submission.
(5) Budget Reconciliation Report.
(6) Risk Management Plan and Risk Register.
(c) Contracts.--Not later than five days after awarding a contract,
order, or agreement, including any modifications thereto, under the
Electronic Health Record Modernization Program, the Secretary shall
submit to the appropriate congressional committees a copy of the entire
such contract, order, agreement, or modification.
(d) Notification.--
(1) Requirement.--Not later than 10 days after an event
described in paragraph (2) occurs, the Secretary shall notify
the appropriate congressional committees of such occurrence,
including a description of the event and an explanation for why
such event occurred.
(2) Event described.--An event described in this paragraph
is any of the following events regarding the Electronic Health
Record Modernization Program:
(A) The delay of any milestone or deliverable by 30
or more days.
(B) A request for equitable adjustment, equitable
adjustment, or change order exceeding $1,000,000 (as
such terms are defined in the Federal Acquisition
Regulation).
(C) The submission of any protest, claim, or
dispute, and the resolution of any protest, claim, or
dispute (as such terms are defined in the Federal
Acquisition Regulation).
(D) A loss of clinical or other data.
(E) A breach of patient privacy, including any--
(i) disclosure of protected health
information that is not permitted under
regulations promulgated under section 264(c) of
the Health Insurance Portability and
Accountability Act of 1996 (Public Law 104-191;
42 U.S.C. 1320d-2 note); and
(ii) breach of sensitive personal
information (as defined in section 5727 of
title 38, United States Code).
(e) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committees on Veterans' Affairs of the
House of Representatives and the Senate; and
(B) the Committees on Appropriations of the House
of Representatives and the Senate.
(2) The term ``Electronic Health Record Modernization
Program'' means--
(A) any activities by the Department of Veterans
Affairs to procure or implement an electronic health or
medical record system to replace any or all of the
Veterans Information Systems and Technology
Architecture, the Computerized Patient Record System,
the Joint Legacy Viewer, or the Enterprise Health
Management Platform; and
(B) any contracts or agreements entered into by the
Secretary of Veterans Affairs to carry out, support, or
analyze the activities under subparagraph (A). | Veterans' Electronic Health Record Modernization Oversight Act of 2017 This bill directs the Department of Veterans Affairs (VA) to submit to Congress: (1) certain documents concerning the Electronic Health Record Modernization Program; (2) quarterly updates of certain documents until the program is completed; (3) a copy of any contract, order, or agreement under the program within 5 days after it is awarded; and (4) a notice within 10 days after the occurrence of specified events regarding the program, including milestone delays, change requests, protest submissions, data losses, or breaches of patient privacy. The Electronic Health Record Modernization Program means VA activities, contracts, or agreements to procure or implement an electronic health or medical record system to replace any or all of the Veterans Information Systems and Technology Architecture, the Computerized Patient Record System, the Joint Legacy Viewer, or the Enterprise Health Management Platform. | {"src": "billsum_train", "title": "Veterans\u2019 Electronic Health Record Modernization Oversight Act of 2017"} | 1,016 | 179 | 0.612497 | 1.662475 | 0.815588 | 3.732558 | 5.790698 | 0.883721 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trisomy 21 Research Resource Act of
2011''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The father of modern genetics, Dr. Jerome Lejeune,
discovered the extra chromosome 21 responsible for the
condition, known as Down syndrome, which he called Trisomy 21
in January 1959. His discovery has opened the doors of genetics
to new generations of researchers.
(2) Down syndrome was named after Dr. John Langdon Down,
the first physician to describe the syndrome.
(3) Down syndrome is the most frequent genetic cause of
intellectual and developmental disabilities and associated
medical problems and occurs in one out of 691 live births, in
all races and economic groups. Intellectual disability,
formerly mental retardation, is a disability characterized by
significant limitations both in intellectual functioning and in
adaptive behavior, which covers many everyday social and
practical skills. This disability originates before birth and
lasts a lifetime.
(4) Chromosomes are cell structures that hold our genes.
Genes are the instructions that cells give that determine
things such as eye color, blood type, and susceptibility to
disease. Human cells normally contain 23 pairs of chromosomes,
one pair from the mother and one pair from the father.
(5) Down syndrome occurs when, because of cell division
error, there are 3 partial or total copies of chromosome 21
rather than the normal 2. Because of the extra copy of
chromosome 21, people with Down syndrome are more susceptible
to diseases including Alzheimer's disease, leukemia, congenital
heart disease, seizures, and diabetes. However, people with
Down syndrome may be protected from other common diseases
including atherosclerosis, hypertension, and solid tumors such
as brain, gastrointestinal, and breast tumors. Therefore, the
study of Down syndrome may lead to novel treatments of common
diseases that affect millions of Americans. Lead researcher,
Dr. Bill Mobely is quoted as saying ``We're not just asking
what our country can do for people with Down syndrome, we're
asking what studies of people can do for our country and the
world.''.
(6) There are more than 400,000 people living with Down
syndrome in the United States.
(7) Down syndrome incidence increases with the age of the
mother, but due to higher fertility rates in younger women, the
majority of children with Down syndrome are born to women under
35 years of age.
(8) Life expectancy for people with Down syndrome has
increased dramatically in recent decades, but varies
significantly across various ethnic groups. People with Down
syndrome attend school, work, participate in decisions that
concern them, and contribute to society in many meaningful
ways.
(9) The Children's Health Act of 2000 (Public Law 106-310)
amended the Public Health Service Act (42 U.S.C. 201 et seq.)
and included a number of provisions that addressed the research
and surveillance needs of many disabilities such as autism,
traumatic brain injury, Fragile X syndrome, juvenile diabetes,
asthma, epilepsy, and others. However, this landmark
legislation did not address the significant research,
surveillance, and clinical care needs of Down syndrome and thus
has been an impediment to progress in the Down syndrome
research community over the last decade. This Act attempts to
incorporate Down syndrome as an area of permissible research
and surveillance at the National Institutes of Health and the
Centers for Disease Control and Prevention and will foster a
better understanding of Down syndrome.
SEC. 3. NIH DOWN SYNDROME RESEARCH ACTIVITIES.
Part B of title IV of the Public Health Service Act (42 U.S.C. 284
et seq.) is amended by adding at the end the following:
``SEC. 409K. DOWN SYNDROME RESEARCH ACTIVITIES.
``(a) Expansion, Intensification, and Coordination of Activities.--
``(1) In general.--The Director of NIH, acting through the
director of the Eunice Kennedy Shriver National Institute of
Child Health and Human Development, shall expand and intensify
programs of the National Institutes of Health with respect to
research and related activities concerning Down syndrome. The
Director of NIH shall carry out such programs in coordination
with a working group composed of representatives of the
relevant institutes, centers, offices, and agencies of the
National Institutes of Health.
``(2) NIH research plan on down syndrome.--The Director of
NIH shall publish a Research Plan on Down Syndrome, and update
it every five years or as appropriate.
``(b) Activities.--In expanding and intensifying programs under
subsection (a)(1):
``(1) Basic, translational, and clinical research.--
Building on the comprehensive research plan set forth by the
NIH Research Plan for Down Syndrome published in October 2007,
the Director of NIH may conduct basic, clinical, and
translational research on Down syndrome, including research on
the following:
``(A) Early detection, diagnosis, and treatment of
Down syndrome.
``(B) The biological mechanisms responsible for
structural and functional anomalies in cells and
tissues affected by Down syndrome.
``(C) The biological mechanisms responsible for
cognitive and behavioral dysfunction resulting from
Down syndrome.
``(D) Novel biomedical and pharmacological
interventions designed to promote or enhance cognition
and related brain functions and activities of daily
living (ADLs).
``(E) Co-occurrence of and treatments for
associated medical and neurobehavioral disorders.
``(F) Developmental disorders, interventions for
congenital heart disease, obstructive sleep apnea,
coronary heart disease, obesity, and metabolism.
``(G) Contributions of genetic variation to
clinical presentation as targets for therapy.
``(H) Identification of biomarkers for complex
phenotypes.
``(I) Noninvasive imaging in support of efforts to
identify other genotypes and phenotypes of Down
syndrome.
``(J) Pharmacological and other therapies for
common features of Down syndrome including Alzheimer's
disease and other Down syndrome-related disorders.
``(K) Research related to improving the quality of
life for individuals with Down syndrome and their
families.
``(L) Research training programs aimed at
increasing the number of scientists who are trained to
carry out these research directions.
``(2) Facilitation of research resources.--
``(A) Contact registry for individuals with down
syndrome.--
``(i) In general.--The Director of NIH may
award a grant or contract to an eligible entity
for the purpose of--
``(I) identifying individuals with
Down syndrome across the Nation;
``(II) collecting the names and
contact information of such
individuals; and
``(III) maintaining such names and
contact information in a registry.
``(ii) Consent required.--As a condition on
the receipt of a grant or contract under this
subparagraph, an entity shall agree that
information about any individual will be
collected or maintained pursuant to this
subparagraph only if the individual has
consented to such collection and maintenance.
``(iii) Eligible entity defined.--In this
subparagraph, the term `eligible entity' means
a consortium including at least one national
Down syndrome patient advocacy organization.
``(B) Research database for down syndrome.--
``(i) In general.--The Director of NIH may
establish a database including the names,
contact information, and each medical condition
of individuals with Down syndrome.
``(ii) Requirements.--The database under
clause (i) shall--
``(I) be searchable by category of
medical condition; and
``(II) be used exclusively to
facilitate research.
``(iii) Consent required.--The Director of
NIH may include information about an individual
in the Research Database for Down Syndrome only
with the individual's consent.
``(C) Biobank for down syndrome.--
``(i) In general.--The Director of NIH may
expand one or more tissue banks maintained or
supported by the National Institutes of
Health--
``(I) to identify any tissue
harvested from a tissue donor with Down
syndrome;
``(II) to include each medical
condition of any such tissue donor; and
``(III) to allow searches specific
to tissue identified under subclause
(I) and by category of medical
condition included under subclause
(II).
``(ii) Consent required.--The Director of
NIH may collect and maintain information about
an individual pursuant to this subparagraph
only with the individual's consent.
``(D) Research resources.--In carrying out this
paragraph, the Director of NIH may--
``(i) subject to the consent requirements
of subparagraphs (A)(ii), (B)(iii), and
(C)(ii), use information collected by the
National Institutes of Health pursuant to other
provisions of law or prior to the date of the
enactment of this section;
``(ii) take into consideration the
availability of other research resources;
``(iii) encourage the use of research
resources for research on, and development of,
therapies and treatments for individuals with
Down syndrome; and
``(iv) encourage the inclusion of
individuals with Down syndrome in clinical
trials conducted or supported by the National
Institutes of Health.
``(3) Down syndrome consortium.--The Director of NIH may
provide for the participation of agencies of the National
Institutes of Health in a consortium to facilitate the exchange
of information and to make the research effort on Down syndrome
more efficient and effective by ensuring consistent
communication, minimizing duplication of effort, and
integrating the varied perspectives of partner agencies,
organizations, and individuals. Such consortium shall include
at least one national Down syndrome patient advocacy
organization and may be the same consortium receiving a grant
or contract under paragraph (2)(A).''.
SEC. 4. CDC DOWN SYNDROME SURVEILLANCE AND RESEARCH PROGRAMS.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended by inserting after section 317T the following:
``SEC. 317U. DOWN SYNDROME SURVEILLANCE AND RESEARCH PROGRAMS.
``(a) In General.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention, may award grants and
cooperative agreements to public or nonprofit private entities
(including State health departments, political subdivisions of States,
universities, and other educational entities) for the collection,
analysis, and reporting of data on Down syndrome. In making such
awards, the Secretary may provide direct technical assistance,
including personnel support, in lieu of cash.
``(b) National Down Syndrome Epidemiology Program.--
``(1) Grants.--The Secretary, acting through the Director
of the Centers for Disease Control and Prevention, may award
grants to public or nonprofit private entities (including State
health departments, political subdivisions of States,
universities, and other educational entities) for the purpose
of carrying out epidemiological activities regarding Down
syndrome, including collecting and analyzing information on the
number, incidence, correlates, and symptoms of cases and the
clinical utility (including costs and benefits) of specific
practice patterns. In making such awards, the Secretary may
provide direct technical assistance, including personnel
support, in lieu of cash.
``(2) National surveillance program.--In carrying out
subsection (a), the Secretary shall--
``(A) provide for a national surveillance program;
and
``(B) where possible, ensure that the surveillance
program is coordinated with the data and sample
collection activities of the National Institutes of
Health under section 409K.''.
SEC. 5. REPORT TO CONGRESS.
Not later than January 1, 2012, and each January 1 thereafter, the
Secretary of Health and Human Services shall prepare and submit to the
appropriate committees of the Congress a report concerning the
implementation of this Act and the amendments made by this Act. | Trisomy 21 Research Resource Act of 2011 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH), acting through the Director of the Eunice Kennedy Shriver National Institute of Child Health and Human Development, to expand and intensify NIH programs with respect to research and related activities concerning Down syndrome. Requires the Director of NIH to publish a research plan on Down syndrome and update it every five years or as appropriate.
Authorizes the Director of NIH to: (1) conduct basic, clinical, and translational research on Down syndrome; (2) award a grant or contract for a registry of individuals with Down syndrome; (3) establish a database including the names, contact information, and each medical condition of individuals with Down syndrome; and (4) expand one or more tissue banks maintained or supported by NIH to identify any tissue harvested from a tissue donor with Down syndrome. Requires consent before including an individual's information in the registry, the database, or the tissue bank.
Authorizes the Director of NIH to provide for the participation of NIH agencies in a consortium to facilitate the exchange of information and to make the research effort on Down syndrome more efficient and effective by ensuring consistent communication, minimizing duplication of effort, and integrating the varied perspectives of partner agencies, organizations, and individuals.
Authorizes the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to: (1) award grants and cooperative agreements for the collection, analysis, and reporting of data on Down syndrome; and (2) carry out epidemiological activities regarding Down syndrome. | {"src": "billsum_train", "title": "A bill to amend the Public Health Service Act to expand and intensify programs of the National Institutes of Health and the Centers for Disease Control and Prevention with respect to translational research and related activities concerning Down syndrome, and for other purposes."} | 2,651 | 347 | 0.44692 | 1.586834 | 0.649371 | 4.993631 | 7.828025 | 0.974522 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Alabama Black Belt
National Heritage Area Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Designation of Alabama Black Belt National Heritage Area.
Sec. 4. Local coordinating entity.
Sec. 5. Management plan.
Sec. 6. Evaluation; report.
Sec. 7. Relationship to other Federal agencies.
Sec. 8. Private property and regulatory protections.
Sec. 9. Use of Federal funds from other sources.
SEC. 2. DEFINITIONS.
In this Act:
(1) Local coordinating entity.--The term ``local
coordinating entity'' means the Center for the Study of the
Black Belt at the University of West Alabama.
(2) Management plan.--The term ``management plan'' means
the plan prepared by the local coordinating entity for the
National Heritage Area in accordance with this Act.
(3) National heritage area.--The term ``National Heritage
Area'' means the Alabama Black Belt National Heritage Area
established by this Act.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. DESIGNATION OF ALABAMA BLACK BELT NATIONAL HERITAGE AREA.
(a) Establishment.--There is hereby established the Alabama Black
Belt National Heritage Area in the State of Alabama.
(b) Boundaries.--The National Heritage Area shall consist of sites
as designated by the management plan within a core area located in
Alabama, consisting of Bibb, Bullock, Butler, Choctaw, Clarke, Conecuh,
Dallas, Greene, Hale, Lowndes, Macon, Marengo, Monroe, Montgomery,
Perry, Pickens, Sumter, Washington, and Wilcox counties.
SEC. 4. LOCAL COORDINATING ENTITY.
(a) Designation.--The Center for the Study of the Black Belt at the
University of West Alabama shall be the local coordinating entity for
the National Heritage Area.
(b) Duties.--To further the purposes of the National Heritage Area,
the local coordinating entity shall--
(1) submit a management plan to the Secretary in accordance
with this Act;
(2) submit an annual report to the Secretary specifying--
(A) the specific performance goals and
accomplishments of the local coordinating entity;
(B) the expenses and income of the local
coordinating entity;
(C) the amounts and sources of matching funds;
(D) the amounts of non-Federal funds leveraged with
Federal funds and sources of the leveraging; and
(E) grants made to any other entities during the
fiscal year;
(3) make available for audit, for each fiscal year for
which the local coordinating entity receives Federal funds, all
information pertaining to the expenditure of the funds and any
matching funds; and
(4) encourage economic viability and sustainability that is
consistent with the purposes of the National Heritage Area.
(c) Authorities.--For the purposes of preparing and implementing
the approved management plan, the local coordinating entity may--
(1) make grants to political jurisdictions, nonprofit
organizations, and other parties within the National Heritage
Area;
(2) enter into cooperative agreements with or provide
technical assistance to political jurisdictions, nonprofit
organizations, Federal agencies, and other interested parties;
(3) hire and compensate staff, including individuals with
expertise in--
(A) natural, historical, cultural, educational,
scenic, and recreational resource conservation;
(B) economic and community development; and
(C) heritage planning;
(4) obtain funds or services from any source, including
other Federal programs;
(5) contract for goods or services; and
(6) support activities of partners and any other activities
that further the purposes of the National Heritage Area and are
consistent with the approved management plan.
SEC. 5. MANAGEMENT PLAN.
(a) Requirements.--The management plan shall--
(1) describe comprehensive policies, goals, strategies, and
recommendations for telling the story of the heritage of the
area covered by the National Heritage Area and encouraging
long-term resource protection, enhancement, interpretation,
funding, management, and development of the National Heritage
Area;
(2) include a description of actions and commitments that
Federal, State, and local governments, private organizations,
and citizens plan to take to protect, enhance, interpret, fund,
manage, and develop the natural, historical, cultural,
educational, scenic, and recreational resources of the National
Heritage Area;
(3) specify existing and potential sources of funding or
economic development strategies to protect, enhance, interpret,
fund, manage, and develop the National Heritage Area;
(4) include an inventory of the natural, historical,
cultural, educational, scenic, and recreational resources of
the National Heritage Area related to the national importance
and themes of the National Heritage Area that should be
protected, enhanced, interpreted, funded, managed, and
developed;
(5) include recommendations for resource management
policies and strategies, including the development of
intergovernmental and interagency agreements to protect,
enhance, interpret, fund, manage, and develop the natural,
historical, cultural, educational, scenic, and recreational
resources of the National Heritage Area;
(6) describe a program for implementation of the management
plan, including--
(A) performance goals;
(B) plans for resource protection, enhancement,
interpretation, funding, management, and development;
and
(C) specific commitments for implementation that
have been made by the local coordinating entity or any
Federal, State, or local government agency,
organization, business, or individual;
(7) include an analysis of, and recommendations for, means
by which Federal, State, and local programs may best be
coordinated (including the role of the National Park Service
and other Federal agencies associated with the National
Heritage Area) to further the purposes of this Act; and
(8) include a business plan that--
(A) describes the role, operation, financing, and
functions of the local coordinating entity and of each
of the major activities described in the management
plan; and
(B) provides adequate assurances that the local
coordinating entity has the partnerships and financial
and other resources necessary to implement the
management plan.
(b) Deadline.--Not later than 3 years after the date of enactment
of this Act, the local coordinating entity shall submit the management
plan to the Secretary for approval.
(c) Approval of Management Plan.--
(1) Review.--Not later than 180 days after receiving the
management plan, the Secretary shall review and approve or
disapprove the management plan on the basis of the criteria
listed in paragraph (3).
(2) Consultation.--The Secretary shall consult with the
Governor of Alabama before approving a management plan.
(3) Criteria for approval.--In determining whether to
approve a management plan, the Secretary shall consider
whether--
(A) the local coordinating entity--
(i) represents the diverse interests of the
National Heritage Area, including Federal,
State, and local governments, natural, and
historical resource protection organizations,
educational institutions, businesses,
recreational organizations, community
residents, and private property owners;
(ii) has afforded adequate opportunity for
public and Federal, State, and local
governmental involvement (including through
workshops and public meetings) in the
preparation of the management plan;
(iii) provides for at least semiannual
public meetings to ensure adequate
implementation of the management plan; and
(iv) has demonstrated the financial
capability, in partnership with others, to
carry out the management plan;
(B) the management plan--
(i) describes resource protection,
enhancement, interpretation, funding,
management, and development strategies which,
if implemented, would adequately protect,
enhance, interpret, fund, manage, and develop
the natural, historical, cultural, educational,
scenic, and recreational resources of the
National Heritage Area;
(ii) would not adversely affect any
activities authorized on Federal land under
public applicable laws or land use plans;
(iii) demonstrates partnerships among the
local coordinating entity, Federal, State, and
local governments, regional planning
organizations, nonprofit organizations, and
private sector parties for implementation of
the management plan; and
(iv) complies with the requirements of this
section; and
(C) the Secretary has received adequate assurances
from the appropriate State and local officials whose
support is needed that the State and local aspects of
the management plan will be effectively implemented.
(4) Disapproval.--
(A) In general.--If the Secretary disapproves the
management plan, the Secretary--
(i) shall advise the local coordinating
entity in writing of the reasons for the
disapproval; and
(ii) may make recommendations to the local
coordinating entity for revisions to the
management plan.
(B) Deadline.--Not later than 180 days after
receiving a revised management plan, the Secretary
shall approve or disapprove the revised management
plan.
(5) Amendments.--
(A) In general.--An amendment to the approved
management plan that substantially alters such plan
shall be reviewed by the Secretary and approved or
disapproved in the same manner as the original
management plan.
(B) Implementation.--The local coordinating entity
shall not implement a substantial amendment to the
management plan until the Secretary approves the
amendment.
(6) Authorities.--The Secretary may--
(A) provide technical assistance under the
authority of this Act for the development and
implementation of the management plan; and
(B) enter into cooperative agreements with
interested parties to carry out this Act.
SEC. 6. EVALUATION; REPORT.
(a) Evaluation.--The Secretary shall conduct an evaluation of the
accomplishments of the National Heritage Area. An evaluation conducted
under this subsection shall--
(1) assess the progress of the local coordinating entity
with respect to--
(A) accomplishing the purposes of this Act for the
National Heritage Area; and
(B) achieving the goals and objectives of the
approved management plan;
(2) analyze the Federal, State, and local government, and
private investments in the National Heritage Area to determine
the impact of the investments; and
(3) review the management structure, partnership
relationships, and funding of the National Heritage Area for
purposes of identifying the critical components for
sustainability of the National Heritage Area.
(b) Report.--Not later than 3 years after the date of enactment of
this Act, based on the evaluation conducted under subsection (a), the
Secretary shall submit a report to the Committee on Natural Resources
of the House of Representatives and the Committee on Energy and Natural
Resources of the Senate. The report shall include recommendations for
the future role of the National Park Service, if any, with respect to
the National Heritage Area.
SEC. 7. RELATIONSHIP TO OTHER FEDERAL AGENCIES.
(a) In General.--Nothing in this Act affects the authority of a
Federal agency to provide technical or financial assistance under any
other law.
(b) Consultation and Coordination.--The head of any Federal agency
planning to conduct activities that may have an impact on the National
Heritage Area is encouraged to consult and coordinate the activities
with the Secretary and the local coordinating entity to the maximum
extent practicable.
(c) Other Federal Agencies.--Nothing in this Act--
(1) modifies, alters, or amends any law or regulation
authorizing a Federal agency to manage Federal land under the
jurisdiction of the Federal agency;
(2) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
the National Heritage Area; or
(3) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
SEC. 8. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.
Nothing in this Act--
(1) abridges the rights of any owner of public or private
property, including the right to refrain from participating in
any plan, project, program, or activity conducted within the
National Heritage Area;
(2) requires any property owner to permit public access
(including access by Federal, State, tribal, or local agencies)
to the property of the property owner, or to modify public
access or use of property of the property owner under any other
Federal, State, tribal, or local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority of any Federal,
State, tribal, or local agency, or conveys any land use or
other regulatory authority to any local coordinating entity,
including development and management of energy, water, or
water-related infrastructure;
(4) authorizes or implies the reservation or appropriation
of water or water rights;
(5) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the National Heritage Area; or
(6) creates any liability, or affects any liability under
any other law, of any private property owner with respect to
any person injured on the private property.
SEC. 9. USE OF FEDERAL FUNDS FROM OTHER SOURCES.
Nothing in this Act shall preclude the local coordinating entity
from using Federal funds available under other laws for the purposes
for which those funds were authorized. | Alabama Black Belt National Heritage Area Act - Establishes the Alabama Black Belt National Heritage Area in Alabama. Designates the Center for the Study of the Black Belt at the University of West Alabama as the local coordinating entity for the Heritage Area, requires the Center to submit a management plan for the Heritage Area, and sets forth procedures for the approval or disapproval of such plan. | {"src": "billsum_train", "title": "Alabama Black Belt National Heritage Area Act"} | 2,812 | 80 | 0.612453 | 1.664025 | 1.091891 | 4.055556 | 38.388889 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Parents Corps Act of
2008''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Most parents work and have limited time to volunteer at
the schools their children attend.
(2) A parent's first responsibility is to the health,
safety, and stability of their children.
(3) Nearly one-third of children in the United States ages
12 to 17 have used illicit drugs.
(4) According to the American Lung Association,
approximately 4,000 children between the ages of 12 and 17 will
smoke their first cigarette, and adolescents who reported
smoking cigarettes in the last 30 days were more likely to use
alcohol, smoke marijuana, and use cocaine during the same
period.
(5) Accidents, homicides, and suicides are the leading
causes of adolescent deaths. Most of these deaths are connected
to alcohol and drug use.
(6) The Office of National Drug Control Policy reports that
early action from friends, parents, or loved-ones of a teen who
has started using drugs could help the teen stop before
treatment may be needed.
(7) In response to concerns about youth violence and drug,
tobacco, and alcohol use by youth, the White House unveiled the
Parents Corps, a 3 year initiative operating in 9 States to
bring together citizenship, service, and responsibility to
empower parents to keep their children, schools, and
communities drug-free.
SEC. 3. NATIONAL PARENTS CORPS PROGRAM.
(a) Grant To Establish the Program.--Subject to the availability of
appropriations to carry out this Act, the Administrator shall, not
later than 3 months after the date of the enactment of this Act, award
a grant to an eligible nonprofit entity to establish a National Parents
Corps Program (referred to in this Act as the ``Program'') to promote
safety, combat youth violence, and combat drug and alcohol abuse in
schools in the United States. The eligible nonprofit entity awarded
such grant shall be known as the ``NPCP Nonprofit Partner''.
(b) Program Activities.--The NPCP Nonprofit Partner shall use the
grant awarded under this section to establish and administer the
Program, which shall include--
(1) employing Parent Leaders to carry out the Program at
eligible schools that are selected to host Parent Leaders, in
accordance with sections 4 and 5; and
(2) working with schools, parents of children enrolled in
schools, local nonprofit organizations, and law enforcement
agencies and officers to promote safety, combat youth violence,
and combat drug, alcohol, and tobacco abuse in schools.
SEC. 4. PARTICIPATION OF SCHOOLS.
(a) In General.--Not later than one year after the date of
enactment of this Act and annually thereafter, the NPCP Nonprofit
Partner shall solicit applications from eligible schools desiring to
participate in the Program by hosting a Parent Leader. Each eligible
school selected to host a Parent Leader shall enter into a memorandum
of understanding with the NPCP Nonprofit Partner--
(1) in which the eligible school agrees to participate in
the Program and host a Parent Leader for the number of years
that is equal to the number of grade levels taught at the
school; and
(2) that outlines the parameters and goals of hosting a
Parent Leader and carrying out the Program at the eligible
school, including how the Parent Leader and the operation of
the Program will address the cultural, social, and crime
prevention needs and goals of the students at such school.
(b) Selection Considerations.--In selecting eligible schools to
host Parent Leaders under this Act, the NPCP Nonprofit Partner shall
ensure that, to the extent practicable, the eligible schools selected
represent schools--
(1) that are located in a variety of geographical regions
in the United States;
(2) in urban, rural, and suburban areas; and
(3) in ethnically and economically diverse communities.
SEC. 5. PARENT LEADERS.
(a) Parent Leader for Each School.--For each eligible school
selected to participate in the Program as a host school under section
4, the NPCP Nonprofit Partner shall, after consultation with the
principal of the selected school, solicit applications for, hire, and
employ one Parent Leader. The Nonprofit Partner shall use the grant
funds provided under this Act to train, supervise, support, and provide
a salary and benefits to each Parent Leader.
(b) Duties of Parent Leaders.--Each Parent Leader employed by the
Nonprofit Partner shall, with respect to the eligible school hosting
the Parent Leader--
(1) educate and mobilize parents of students at the school
to combat criminal and gang activity and prevent students from
social, cultural, and commercial forces that encourage children
and adolescents to initiate the use of drugs, alcohol, and
tobacco;
(2) create a delivery system to provide parents of students
at the school with information regarding science-based
prevention and analysis related to early recognition of
behaviors and traits that may lead to or indicate drug,
alcohol, and tobacco use and abuse, gang activity, and
violence;
(3) work with school officials, other parents of students
at the school, and students at the school to develop programs
and practices to treat, prevent, and reduce violence and drug,
alcohol, and tobacco addiction for students at the school;
(4) assist parents of students at the school and school
administrators with finding professional assistance for any
child who--
(A) is using drugs, including referrals to
professionals who can assess the needs of the child for
counseling, treatment, and other appropriate
assistance; or
(B) is engaged in violent activities or gang
activities;
(5) recruit and train parent and student volunteers from
the school to participate in drug and violence prevention and
education outreach and programming; and
(6) consult with the NPCP Nonprofit Partner, school
administrators, local government authorities, local nonprofit
organizations, and other parents to develop best practices and
training models related to the prevention of school violence
and drug, alcohol, and tobacco use and abuse by students.
(c) Parent Leader Eligibility.--To be eligible to be employed as a
Parent Leader under this Act, an individual shall--
(1) be the parent (as such term is defined in section 9101
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801)) of at least one student who will be enrolled,
during the first year the individual will be employed as a
Parent Leader, in the lowest grade level offered at the school
that will host the Parent Leader;
(2) not be employed full-time at any position other than as
a Parent Leader;
(3) complete a background check, including criminal records
checks, fingerprint-based checks of State and national crime
information databases (as defined in section 534(e)(3)(A) of
title 28, United States Code), checks in any available child
abuse and neglect registries, and checks in any available sex
offender registries; and
(4) enter into an agreement with the NPCP Nonprofit Partner
to serve as a Parent Leader for a number of years that is equal
to the number of years normally required for a student to
complete all of the grade levels offered at the school that
will host the Parent Leader (as determined by the school),
except that the individual shall not be required to continue to
serve as Parent Leader in the case of an extreme, unforeseen
circumstance (such as death, disability, relocation, or
criminal activity) that prevents the individual from completing
the term of service required under this paragraph.
(d) Vacancies.--If an individual who is employed as a Parent Leader
is unable to complete the term of service required under subsection
(c)(4), the NPCP Nonprofit Partner shall, after consultation with the
host school at which the Parent Leader was serving, promptly solicit
applications for, hire, and employ another individual to serve as
Parent Leader at such school, in accordance with the requirements of
this section.
SEC. 6. REPORTING REQUIREMENTS.
(a) Reports by Parent Leaders.--Not less than once each calendar
quarter during each year a Parent Leader is employed by the NPCP
Nonprofit Partner, the Parent Leader shall submit to the NPCP Nonprofit
Partner and the school hosting the Parent Leader a report including
activities carried out by the Parent Leader to carry out the Program,
the results of such activities, best practices observed and used by the
Parent Leader to carry out the Program, and any other information the
Parent Leader, the NPCP Nonprofit Partner, or the school hosting the
Parent Leader determine to be appropriate.
(b) Reports by NPCP Nonprofit Partner.--Not later than 6 months
after the date of the enactment of this Act, and every 6 months
thereafter, the NPCP Nonprofit Partner shall prepare and submit to the
Administrator a report on the progress and effectiveness of the
Program, including--
(1) statistics, trends, and other data analyzing whether
the Program is effective at preventing school violence and
drug, alcohol, and tobacco use and abuse by students;
(2) a summary of the reports submitted by Parent Leaders;
and
(3) the results and best practices reported by the Parent
Leader at each school hosting a Parent Leader.
(c) Reports by Administrator.--Not later than one year after the
date of the enactment of this section, and annually thereafter, the
Administrator shall prepare and submit to the Attorney General and the
appropriate Congressional committees a report relating to the progress
and effectiveness of the Program.
SEC. 7. SENSE OF THE CONGRESS.
It is the sense of the Congress that eligible schools selected to
host a Parent Leader in accordance with section 4 should take such
actions as may be necessary to secure funding to employ a Parent Leader
to carry out the Program after Federal funding is no longer available
to carry out this Act.
SEC. 8. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Office of Juvenile Justice and Delinquency
Prevention.
(2) Eligible nonprofit entity.--The term ``eligible
nonprofit entity'' means an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 that--
(A) was operating on the day before the date of the
enactment of this Act;
(B) has demonstrated experience administering
Federal grants in a fiscally responsible manner, as
determined by the Administrator;
(C) has administered national programs relating to
addiction and parenting;
(D) has developed and administered programs similar
to the Program authorized under this Act;
(E) has worked with the Corporation for National
and Community Service, the Department of Health and
Human Services, and the Department of Justice in
assessing and developing initiatives relating to youth
drug prevention and parental involvement; and
(F) has as its mission to focus on child and youth
drug prevention.
(3) Eligible school.--The term ``eligible school'' means a
public middle school or secondary school (as such term is
defined in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801)) that has demonstrated a
commitment, as determined by the Secretary, to--
(A) increasing parental involvement in the school;
and
(B) reducing drug, alcohol, and tobacco abuse by
students enrolled in the school.
(4) Appropriate congressional committees.--The term
``appropriate Congressional committees'' means the Committee on
the Judiciary, the Committee on Education and Labor, and the
Appropriations Committee in the House of Representatives, and
the Committee on the Judiciary, the Committee on Health,
Education, Labor and Pensions, and the Appropriations Committee
in the Senate.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--In addition to other amounts otherwise
appropriated to carry out the purposes of this Act, there are
authorized to be appropriated to carry out this Act $5,500,000 for each
of the fiscal years 2009 through 2019.
(b) Funding From Other Sources.--The Administrator, the NPCP
Nonprofit Partner, and eligible schools selected to host a Parent
Leader in accordance with section 4 are authorized to solicit, receive,
and use funding from State, local, and private sources to carry out the
Program, including for expenses related to employing Parent Leaders. | National Parents Corps Act of 2008 - Directs the Administrator of the Office of Juvenile Justice and Delinquency Prevention, subject to the availability of appropriations, to award a grant to a nonprofit entity (to be known as the NPCP Nonprofit Partner) to establish a National Parents Corps program to promote safety and combat youth violence and substance abuse in public middle or secondary schools.
Requires the NPCP Nonprofit Partner to: (1) select for program participation annually schools that agree to host a Parent Leader for a number of years equal to the number of grade levels they offer; and (2) employ, after a background check, a Parent Leader from among the parents of students enrolled in the lowest grade at each participating school to work on a full-time basis with students, other parents, and school officials to treat, prevent, and reduce violence and drug, alcohol, and tobacco addiction among students.
Urges participating schools to take the measures necessary to secure funding for the employment of Parent Leaders after federal funding becomes unavailable. | {"src": "billsum_train", "title": "To establish a National Parents Corps Program, and for other purposes."} | 2,642 | 221 | 0.605 | 1.907715 | 1.041414 | 3.324873 | 12.862944 | 0.908629 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Privacy Advocate General Act of
2013''.
SEC. 2. OFFICE OF THE PRIVACY ADVOCATE GENERAL.
(a) Establishment.--The Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1801 et seq.) is amended by adding at the end the
following new title:
``TITLE IX--PRIVACY ADVOCATE GENERAL
``SEC. 901. PRIVACY ADVOCATE GENERAL.
``(a) Office of the Privacy Advocate General.--There is established
an independent office in the Executive branch to be known as the Office
of the Privacy Advocate General.
``(b) Privacy Advocate General.--
``(1) Appointment.--There is a Privacy Advocate General,
who shall be the head of the Office of the Privacy Advocate
General, who shall be appointed jointly by the Chief Justice of
the United States and the most senior associate justice of the
Supreme Court appointed by a President that at the time of
appointment was a member of a political party other than the
political party of the President that appointed the Chief
Justice.
``(2) Term.--The Privacy Advocate General shall serve a
term of 7 years and may be reappointed in accordance with
paragraph (1).
``(c) Duties.--Notwithstanding any other provision of this Act, the
Privacy Advocate General--
``(1) shall serve as the opposing counsel with respect to
any application by the Federal Government for an order or
directive under this Act and any review of a certification or
targeting procedures under this Act, including in any
proceedings before a court or review of an application,
certification, or targeting procedures under this Act that
would otherwise be conducted ex parte;
``(2) shall, in carrying out paragraph (1), oppose any
Federal Government request for an order or directive under this
Act and any certification or targeting procedures under this
Act and argue the merits of the opposition before the court
concerned, including any arguments relating to the
constitutionality of a provision of law under which the Federal
Government is seeking an order or directive; and
``(3) may request the court established under subsection
(a) or (b) of section 103 to make publicly available an order,
decision, or opinion of such court.
``(d) Appeals.--The Privacy Advocate General may--
``(1) appeal a decision of the court established under
subsection (a) of section 103 to the court established under
subsection (b) of such section; and
``(2) petition the Supreme Court for a writ of certiorari
for review of a decision of the court established under section
103(b).
``(e) Staff.--The Privacy Advocate General shall appoint such staff
of the Office of the Privacy Advocate General as the Privacy Advocate
General considers necessary to carry out the duties of the Privacy
Advocate General.
``(f) Security Clearance.--The President shall ensure that the
Privacy Advocate General and the staff of the Office of the Privacy
Advocate General appointed under subsection (b) possess appropriate
security clearances to carry out the duties of the Privacy Advocate
General under this section.''.
(b) Table of Contents Amendment.--The table of contents in the
first section of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 note) is amended by adding at the end the following new
items:
``TITLE IX--PRIVACY ADVOCATE GENERAL
``Sec. 901. Privacy Advocate General.''.
(c) Conforming Amendment.--Section 103(b) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(b)) is amended--
(1) by striking ``review the denial'' and inserting
``review the approval or denial'';
(2) by striking ``properly denied'' and inserting
``properly approved or denied, as the case may be''; and
(3) by striking ``petition of the United States'' and
inserting ``petition''.
SEC. 3. AUTHORITY DURING APPEALS PROCESS.
(a) Electronic Surveillance.--Section 105 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1805) is amended by
adding at the end the following new subsection:
``(i)(1) In any case where a judge denies an application under this
section and the Government expresses an intent to appeal that denial,
the judge may temporarily authorize the emergency employment of
electronic surveillance pending such appeal if the judge finds--
``(A) there is a reasonable argument that the electronic
surveillance is permissible; and
``(B) there are exceptional circumstances and compelling
evidence showing that immediate electronic surveillance is
necessary to accomplish the purpose of the electronic
surveillance.
``(2) In any case where a judge authorizes the emergency employment
of electronic surveillance pending appeal under paragraph (1) and the
application by the Government is denied on appeal, any information
gathered or derived from such electronic surveillance shall be
destroyed and no such information may be received in evidence or
otherwise disclosed in any trial, hearing, or other proceeding in or
before any court, grand jury, department, office, agency, regulatory
body, legislative committee, or other authority of the United States, a
State, or political subdivision thereof, and no information concerning
any United States person acquired from such surveillance shall
subsequently be used or disclosed in any other manner by Federal
officers or employees without the consent of such person.''.
(b) Physical Search.--Section 304 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1824) is amended by adding at the
end the following new subsection:
``(f)(1) In any case where a judge denies an application under this
section and the Government expresses an intent to appeal that denial,
the judge may temporarily authorize the emergency employment of
physical search pending such appeal if the judge finds--
``(A) there is a reasonable argument that the physical
search is permissible; and
``(B) there are exceptional circumstances and compelling
evidence showing that an immediate physical search is necessary
to accomplish the purpose of the physical search.
``(2) In any case where a judge authorizes the emergency employment
of a physical search pending appeal under paragraph (1) and the
application by the Government is denied on appeal, any information
gathered or derived from such physical search shall be destroyed and no
such information may be received in evidence or otherwise disclosed in
any trial, hearing, or other proceeding in or before any court, grand
jury, department, office, agency, regulatory body, legislative
committee, or other authority of the United States, a State, or
political subdivision thereof, and no information concerning any United
States person acquired from such physical search shall subsequently be
used or disclosed in any other manner by Federal officers or employees
without the consent of such person.''.
(c) Pen Register and Trap and Trace.--Section 403 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1843) is amended by
adding at the end the following new subsection:
``(d)(1) In any case where a judge denies an application under this
section and the Government expresses an intent to appeal that denial,
the judge may temporarily authorize installation and use of a pen
register or trap and trace device on an emergency basis pending such
appeal if the judge finds--
``(A) there is a reasonable argument that the installation
and use of a pen register or trap and trace device is
permissible; and
``(B) there are exceptional circumstances and compelling
evidence showing that immediate installation and use of a pen
register or trap and trace device is necessary to accomplish
the purpose of the installation and use of such pen register or
trap and trace device.
``(2) In any case where a judge authorizes the installation and use
of a pen register or trap and trace device on an emergency basis
pending appeal under paragraph (1) and the application by the
Government is denied on appeal, any information gathered or derived
from such installation and use of a pen register or trap and trace
device shall be destroyed and no such information may be received in
evidence or otherwise disclosed in any trial, hearing, or other
proceeding in or before any court, grand jury, department, office,
agency, regulatory body, legislative committee, or other authority of
the United States, a State, or political subdivision thereof, and no
information concerning any United States person acquired from such
installation and use of a pen register or trap and trace device shall
subsequently be used or disclosed in any other manner by Federal
officers or employees without the consent of such person.''. | Privacy Advocate General Act of 2013 - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to establish as an independent office in the executive branch the Office of the Privacy Advocate General, to be headed by the Privacy Advocate General who shall be appointed jointly by the Chief Justice of the United States and the senior Associate Justice for a seven-year term. Requires the Privacy Advocate General to: (1) serve as the opposing counsel with respect to any application by the federal government for an order or directive and any review of a certification or targeting procedures under FISA; and (2) oppose any federal government request for an order or directive under FISA and any certification or targeting procedures and argue the merits of the opposition before the FISA court, including any arguments relating to constitutionality. Authorizes the Privacy Advocate General to: (1) request that the FISA court make publicly available an order, decision, or opinion of the court; and (2) file appeals and petition the Supreme Court for a writ of certiorari. Authorizes a FISA judge, after denying an application by the federal government to permit electronic surveillance, physical searches, and the installation and use of a pen register and trace device, to issue a temporary order allowing such surveillance, searches, and installation pending an appeal by the government, if the judge finds: (1) there is a reasonable argument that such surveillance, search, or installation is permissible; and (2) there are exceptional circumstances and compelling evidence showing that immediate electronic surveillance, physical searches, and installation of pen register and trace devices are necessary to accomplish the government's purpose. Requires the destruction of any information gathered or derived from such electronic surveillance, searches, and installation of pen register and trace devices if the government's application is denied on appeal. | {"src": "billsum_train", "title": "Privacy Advocate General Act of 2013"} | 1,939 | 389 | 0.675062 | 2.061955 | 0.886863 | 4.10951 | 5.123919 | 0.904899 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Genetic Research Privacy Protection
Act''.
SEC. 2. PROTECTION OF PRIVACY OF INDIVIDUALS WHO ARE RESEARCH SUBJECTS.
(a) In General.--Subsection (d) of section 301 of the Public Health
Service Act (42 U.S.C. 241) is amended to read as follows:
``(d) Protection of Privacy of Individuals Who Are Research
Subjects.--
``(1) Issuance of certificate.--
``(A) In general.--If a person is engaged in
biomedical, behavioral, clinical, or other research, in
which identifiable, sensitive information is collected
(including research on mental health and research on
the use and effect of alcohol and other psychoactive
drugs), the Secretary, in coordination with other
Departments, as applicable--
``(i) shall issue to such person a
certificate of confidentiality to protect the
privacy of individuals who are the subjects of
such research if the research is funded wholly
or in part by the Federal Government; and
``(ii) may, upon application by a person
engaged in research, issue to such person a
certificate of confidentiality to protect the
privacy of such individuals if the research is
not so funded.
``(B) Result of certificate.--Except as provided in
subparagraph (C), any person to whom a certificate is
issued under subparagraph (A) to protect the privacy of
individuals described in such subparagraph shall not
disclose or provide to any other person not connected
with the research the name of such an individual or any
information, document, or biospecimen that contains
identifiable, sensitive information about such an
individual and that was created or compiled for
purposes of the research.
``(C) Exceptions.--The disclosure prohibition in
subparagraph (B) shall not apply to disclosure or use
that is--
``(i) required by Federal, State, or local
laws, excluding instances described in
subparagraph (D);
``(ii) necessary for the medical treatment
of the individual to whom the information,
document, or biospecimen pertains;
``(iii) made with the consent of the
individual to whom the information, document,
or biospecimen pertains; or
``(iv) made for the purposes of other
scientific research that is in compliance with
applicable Federal regulations governing the
protection of human subjects in research.
``(D) Prohibition on compelling disclosure.--Any
person to whom a certificate is issued under
subparagraph (A) to protect the privacy of an
individual described in such subparagraph shall not, in
any Federal, State, or local civil, criminal,
administrative, legislative, or other proceeding,
disclose or provide the name of such individual or any
such information, document, or biospecimen that
contains identifiable, sensitive information about the
individual and that was created or compiled for
purposes of the research.
``(E) Immunity.--Identifiable, sensitive
information protected under subparagraph (A), and all
copies thereof, shall be immune from the legal process,
and shall not, without the consent of the individual to
whom the information pertains, be admissible as
evidence or used for any purpose in any action, suit,
or other judicial, legislative, or administrative
proceeding.
``(F) Terms of protection.--Identifiable, sensitive
information collected by a person to whom a certificate
has been issued under subparagraph (A), and all copies
thereof, shall be subject to the protections afforded
by this section for perpetuity.
``(G) Minimizing administrative burden.--The
Secretary shall take steps to minimize the burden to
researchers, streamline the process, and reduce the
time it takes to comply with the requirements of this
subsection.
``(2) Rule of construction.--Nothing in this subsection
shall be construed to limit the access of an individual who is
a subject of research to information about himself or herself
collected during such individual's participation in the
research.
``(3) Definitions.--For purposes of this subsection, the
term `identifiable, sensitive information' means information
that is about an individual and that is gathered or used during
the course of research described in paragraph (1)(A) and--
``(A) through which an individual is identified; or
``(B) for which there is a risk, as determined by
current scientific practices or statistical methods,
that some combination of the information, the request,
and other available data sources could be used to
deduce the identity of an individual.''.
(b) Applicability.--Beginning on the date of enactment of this Act,
all persons engaged in research and authorized by the Secretary of
Health and Human Services to protect information under section 301(d)
of the Public Health Service Act (42 U.S.C. 241(d)) prior to the date
of enactment of this Act shall be subject to the requirements of such
section (as amended by this Act).
SEC. 3. PROTECTION OF IDENTIFIABLE, SENSITIVE INFORMATION.
Section 301 of the Public Health Service Act (42 U.S.C. 241) is
amended by adding at the end the following:
``(f)(1) The Secretary may exempt from disclosure under section
552(b)(3) of title 5, United States Code, biomedical information that
is about an individual and that is gathered or used during the course
of biomedical research if--
``(A) an individual is identified; or
``(B) there is a risk, as determined by current scientific
practices or statistical methods, that some combination of the
information, the request, and other available data sources
could be used to deduce the identity of an individual.
``(2)(A) Each determination of the Secretary under paragraph (1) to
exempt information from disclosure shall be made in writing and
accompanied by a statement of the basis for the determination.
``(B) Each such determination and statement of basis shall be
available to the public, upon request, through the Office of the Chief
FOIA Officer of the Department of Health and Human Services.
``(3) Nothing in this subsection shall be construed to limit a
research participant's access to information about such participant
collected during the participant's participation in the research.''. | Genetic Research Privacy Protection Act This bill amends the Public Health Service Act to revise provisions regarding disclosure by researchers of the identifiable, sensitive information of research subjects. The Department of Health and Human Services (HHS) must prohibit researchers from disclosing such information from federally funded research to persons not connected to the research. Researchers may apply to have other research covered by this prohibition. Disclosures of such information are permitted if required by law, necessary for the medical treatment of the research subject, made with the consent of the subject, or made for the purposes of other research that is in compliance with regulations regarding protection of subjects. HHS may exempt identifiable information collected for biomedical research from disclosure under the Freedom of Information Act. | {"src": "billsum_train", "title": "Genetic Research Privacy Protection Act"} | 1,399 | 151 | 0.550105 | 1.468864 | 0.807251 | 2.664234 | 9.350365 | 0.868613 |
SECTION 1. MODIFICATION OF AUTHORITIES FOR STATE APPROVING AGENCIES.
(a) Technical Amendment to Scope of Approval.--Section 3670 of
title 38, United States Code, is amended--
(1) by striking subsection (b); and
(2) in subsection (a), by striking ``(a)''.
(b) Modification of Provisions Relating to Approval of Courses.--
(1) Modification of requirement that standards for programs
of apprenticeship be approved under the national apprenticeship
act.--Subsection (c)(1)(A) of section 3672 of such title is
amended by striking ``pursuant to section 2 of the Act of
August 16, 1937 (popularly known as the `National
Apprenticeship Act') (29 U.S.C. 50a),''.
(2) Modification of requirement to promote development of
apprenticeship programs.--Subsection (d) of such section is
amended--
(A) in paragraph (1)--
(i) by striking ``and State approving
agencies''; and
(ii) by striking ``shall utilize the
services of'' and inserting ``may utilize the
services of State approving agencies and''; and
(B) in paragraph (2), by striking ``shall'' and
inserting ``may''.
(3) Modification of requirements relating to approval of
program of education exclusively by correspondence.--Subsection
(e) of such section is amended by striking ``only if'' and all
that follows through the period and inserting ``under such
criteria as the Secretary prescribes pursuant to section
3675.''.
(c) Restatement of Requirement for Coordination of Approval
Activities.--
(1) In general.--Subsection (a) of section 3673 of such
title is amended to read as follows:
``(a) In General.--The Secretary shall take appropriate measures to
ensure the coordination of approval activities performed by State
approving agencies under this chapter and chapters 34 and 35 of this
title and approval activities performed by the Department of Labor, the
Department of Education, and other entities to reduce overlap and
improve efficiency with respect to the activities.''.
(2) Conforming amendments.--Such section is further
amended--
(A) in subsection (b), by inserting ``Furnishing
Materials.--'' before ``The Secretary''; and
(B) in the heading by striking ``Cooperation'' and
inserting ``Coordination of approval activities''.
(3) Clerical amendment.--The table of sections at the
beginning of chapter 36 of such title is amended by striking
the item relating to section 3673 and inserting the following:
``3673. Coordination of approval activities.''.
(d) Additional Discretion for the Secretary of Veterans Affairs for
Reimbursing State Approving Agencies for Expenses.--Section 3674 of
such title is amended to read as follows:
``Sec. 3674. Reimbursement of expenses
``(a) In General.--(1) Subject to subsections (b) and (c), the
Secretary is authorized to enter into contracts or agreements with
State and local agencies to pay such State and local agencies for
reasonable and necessary expenses of salary and travel incurred by
employees of such agencies and an allowance for administrative expenses
in accordance with such criteria as the Secretary determines
appropriate for activities performed pursuant to this chapter for
purposes of chapters 30 through 35 of this title and chapters 1606 and
1607 of title 10.
``(2) Each such contract or agreement shall be conditioned upon
such terms and conditions as the Secretary determines appropriate for
services performed pursuant to this chapter, including the condition
that the State approving agency shall collect and report annually to
the Secretary, the Committee on Veterans' Affairs of the Senate, and
the Committee on Veterans' Affairs of the House of Representatives
information on--
``(A) the amount of resources expended on such services
performed pursuant to that contract; and
``(B) the qualification and performance standards for State
approving agency personnel responsible for such services.
``(b) Source of Payments.--Subject to subsection (c), the Secretary
shall make payments authorized under subsection (a) to State and local
agencies first out of amounts available for the payment of readjustment
benefits and then from other amounts made available to make the
payments.
``(c) Limitation on Authorization of Appropriations.--(1) The total
amount authorized and available under this section for any fiscal year
may not exceed $19,000,000, except that the total amount made available
for purposes of this section from amounts available for the payment of
readjustment benefits may not exceed the following:
``(A) $19,000,000 for fiscal year 2007.
``(B) $13,000,000 for fiscal year 2008, and each subsequent
fiscal year.
``(2) For any fiscal year in which the total amount that would be
made available under this section would exceed the amount applicable to
that fiscal year under paragraph (1) except for the provisions of this
subsection, the Secretary shall provide that each agency shall receive
the same percentage of the amount applicable to that fiscal year under
paragraph (1) as the agency would have received of the total amount
that would have been made available without the limitation of this
subsection.''.
(e) Evaluations of Agency Performance; Qualifications and
Performance of Agency Personnel.--Section 3674A of such title is
amended--
(1) by striking subsection (b);
(2) in subsection (a), by striking ``(a)'';
(3) by redesignating paragraphs (1), (2), (3), and (4) as
paragraphs (2), (3), (4), and (5), respectively;
(4) by inserting before paragraph (2), as redesignated by
paragraph (3) of this subsection, the following new paragraph
(1):
``(1) establish performance measures--
``(A) to assess the effectiveness of all services
for which a State approving agency is reimbursed
pursuant to section 3674 of this title that are based
on the outcomes of the services; and
``(B) to assess the effectiveness of the State
approving agency in coordinating with other entities,
including the Department of Labor and the Department of
Education, to reduce overlap and improve efficiency in
approval activities;'';
(5) by amending paragraph (2), as redesignated by paragraph
(3) of this subsection, to read as follows:
``(2) conduct an annual evaluation of each State approving
agency on the basis of the performance measures established
under paragraph (1);''; and
(6) in paragraph (3), as redesignated by paragraph (3) of
this subsection, by striking ``under paragraph (1)'' and
inserting ``under paragraph (2)''.
(f) Approval of Courses.--
(1) In general.--Section 3675 of such title is amended to
read as follows:
``Sec. 3675. Approval of courses
``(a) Standards.--The Secretary shall establish standards of
approval for accredited and nonaccredited courses offered by an
educational institution that the Secretary determines are necessary to
carry out the provisions of this chapter. Such standards shall be based
on the following, as appropriate:
``(1) Student achievement.
``(2) Curricula, program objectives, and faculty.
``(3) Facilities, equipment, and supplies.
``(4) Institutional objectives, capacity, and
administration.
``(5) Student support services.
``(6) Recruiting and admissions practices.
``(7) Record of student complaints.
``(8) Process related requirements, such as application
requirements.
``(9) Such other criteria as the Secretary considers
appropriate.
``(b) Approval.--A State approving agency may approve courses
offered by an educational institution when the standards established
under subsection (a) have been satisfied by such educational
institution. In performing such approval function, the State approving
agency may, to the extent permitted by the Secretary, rely upon
determinations made by other entities, including the Department of
Labor and the Department of Education.
``(c) Disapproval.--Approval granted under this section may be
revoked by the Secretary or a State approving agency under conditions
established by the Secretary.''.
(2) Conforming amendment.--Section 3452(h) of such title is
amended by striking ``an entrepreneurship course (as defined in
section 3675(c)(2) of this title)'' and inserting ``a non-
degree, non-credit course of business education that enables or
assists a person to start or enhance a small business concern
(as defined pursuant to section 3(a) of the Small Business Act
(15 U.S.C. 362(a)))''.
(3) Clerical amendment.--The table of sections at the
beginning of chapter 36 of such title is amended by striking
the item related to section 3675 and inserting the following
new item:
``3675. Approval of courses.''.
(g) Modification of Provisions Relating to Approval of
Nonaccredited Courses.--
(1) In general.--Section 3676 of such title is repealed.
(2) Conforming amendments.--(A) Section 3677 of such title
is redesignated as section 3676.
(B) Section 3672(d)(1) of such title is amended by striking
``sections 3677'' and inserting ``sections 3676''.
(C) Section 3687(a)(2) of such title is amended by striking
``section 3677'' and inserting ``section 3676''.
(3) Clerical amendment.--The table of sections at the
beginning of chapter 36 of such title is amended by striking
the item relating to section 3676 and inserting the following:
``3676. Approval of training on the job.''.
(h) Notice of Approval.--
(1) In general.--Section 3678 of such title is amended to
read as follows:
``SEC. 3677. NOTICE OF DETERMINATIONS BY STATE APPROVING AGENCIES.
``A State approving agency shall provide to the Secretary, an
educational institution, or such other entities as the Secretary
considers appropriate such notification as the Secretary may consider
necessary regarding determinations made by the State approving agency
pursuant to section 3675 of this title.''.
(2) Conforming amendment.--Section 3689(d) of such title is
amended by striking ``3678'' and inserting ``3677''.
(3) Clerical amendment.--The table of sections at the
beginning of chapter 36 of such title is amended by striking
the items relating to section 3677 and 3678 and inserting the
following:
``3677. Notice of determinations by State approving agencies.''.
(i) Modification of Provisions Relating to Disapproval of
Courses.--
(1) In general.--Section 3679 of such title is repealed.
(2) Conforming amendment.--Section 3689(d) of such title is
amended by striking ``3679,''.
(3) Clerical amendment.--The table of sections at the
beginning of chapter 36 of such title is amended by striking
the item relating to section 3679.
(j) Effective Date.--The amendments made by this section shall take
effect on the date that is one year after the date of the enactment of
this section. | Revises provisions concerning Department of Veterans Affairs (VA) use of state approving agencies (agencies) for approving courses of education for veterans under the Montgomery GI Bill veterans' educational assistance program. Authorizes (current law requires) the Secretary of Veterans Affairs to promote the development of veterans' apprenticeship and on-job training programs. Authorizes the Secretary to determine the criteria and contract conditions for reimbursing agencies for salary and travel costs incurred on behalf of the VA, including the condition that the agencies report annually to the Secretary and the congressional veterans' committees on resources expended and personnel qualification and performance standards. Limits the annual authorized amount for the VA for such expenses.
Requires the Secretary to establish performance measures to assess the effectiveness of agencies in: (1) the services for which they are reimbursed; and (2) coordinating with other entities to reduce overlap and improve efficiency in approval activities.
Requires the Secretary to establish standards of approval for accredited and nonaccredited courses offered by an educational institution, based on specified measures. Authorizes an agency, in approving courses for which such standards have been met, to rely upon determinations made by other entities, including the Departments of Labor and Education. Allows approval to be revoked by the Secretary or the agency, under conditions established by the Secretary. | {"src": "billsum_train", "title": "A bill to amend title 38, United States Code, to provide additional discretion to the Secretary of Veterans Affairs in contracting with State approving agencies, and for other purposes."} | 2,515 | 286 | 0.48761 | 1.412852 | 0.703587 | 2.502024 | 9.246964 | 0.882591 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Heroin and Opioid Abuse Prevention
and Treatment Act of 2016''.
SEC. 2. EXCISE TAX ON OPIOIDS.
(a) In General.--Subchapter E of chapter 32 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:
``SEC. 4192. OPIOIDS.
``(a) In General.--There is hereby imposed on the manufacturer,
producer, or importer of any taxable active opioid a tax equal to the
amount determined under subsection (b).
``(b) Amount Determined.--The amount determined under this
subsection with respect to a manufacturer, producer, or importer for a
calendar year is 1 cent per milligram of taxable active opioid in the
production or manufacturing quota determined for such manufacturer,
producer, or importer for the calendar year under section 306 of the
Controlled Substances Act.
``(c) Taxable Active Opioid.--For purposes of this section--
``(1) In general.--The term `taxable active opioid' means
any controlled substance (as defined in section 102 of the
Controlled Substances Act) manufactured in the United States
which is opium, an opiate, or any derivative thereof. Such term
excludes a narcotic drug for maintenance treatment or
detoxification treatment if, to dispense the drug, a
practitioner must obtain a separate registration under section
303(g) of the Controlled Substances Act.
``(2) Other ingredients.--In the case of a product that
includes a taxable active opioid and another ingredient,
subsection (a) shall apply only to the portion of such product
that is a taxable active opioid.''.
(b) Clerical Amendments.--
(1) The heading of subchapter E of chapter 32 of the
Internal Revenue Code of 1986 is amended by striking ``Medical
Devices'' and inserting ``Other Medical Products''.
(2) The table of subchapters for chapter 32 of such Code is
amended by striking the item relating to subchapter E and
inserting the following new item:
``subchapter e. other medical products''.
(3) The table of sections for subchapter E of chapter 32 of
such Code is amended by adding at the end the following new
item:
``Sec. 4192. Opioids.''.
(c) Effective Date.--The amendments made by this section shall
apply to calendar years beginning after the date of the enactment of
this Act.
SEC. 3. GRANTS TO STATES FOR PREVENTION AND TREATMENT OF OPIOID
(INCLUDING HEROIN) ABUSE.
(a) In General.--The Public Health Service Act is amended by
inserting after section 399V-6 (42 U.S.C. 280g-17) the following new
section:
``SEC. 399V-7. PREVENTION AND TREATMENT OF OPIOID (INCLUDING HEROIN)
ABUSE.
``(a) In General.--The Secretary shall provide--
``(1) grants to States for research on opioids (including
heroin); and
``(2) grants to States for opioid abuse prevention and
treatment, which may include--
``(A) establishing new addiction treatment
facilities for opioid addicts;
``(B) establishing sober living facilities for
recovering opioid addicts;
``(C) recruiting and increasing reimbursement for
certified mental health providers providing opioid
abuse treatment in medically underserved communities or
communities with high rates of opioid abuse;
``(D) expanding access to long-term, residential
treatment programs for opioid addicts and recovering
addicts;
``(E) establishing or operating support programs
that offer employment services, housing, and other
support services for recovering opioid addicts;
``(F) establishing or operating housing for
children whose parents are participating in opioid
abuse treatment programs;
``(G) establishing or operating facilities to
provide care for babies born with neonatal abstinence
syndrome;
``(H) establishing or operating controlled opioid
take-back programs; and
``(I) other opioid abuse prevention and treatment
programs, as the Secretary determines appropriate.
``(b) Appropriation of Funds.--From time to time, beginning in the
second calendar year that begins after the date of enactment of this
section, the Secretary of the Treasury shall transfer from the general
fund of the Treasury an amount equal to the total amount of taxes
collected under section 4192 of the Internal Revenue Code of 1986 to
the Secretary of Health and Human Services to carry out this section.
Amounts transferred under this subsection shall remain available
without further appropriation until expended.''.
(b) Emergency Designation.--The amounts made available by
amendments made by this section are designated as an emergency
requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act
of 2010 (2 U.S.C. 933(g)). | Heroin and Opioid Abuse Prevention and Treatment Act of 2016 This bill amends the Internal Revenue Code to require manufacturers, producers, and importers of active opioids to pay an excise tax of one cent per milligram of opioid. The bill also amends the Public Health Service Act to require the Department of Health and Human Services (HHS) to provide grants to states for: (1) research on opioids (including heroin), and (2) opioid abuse prevention and treatment. The Department of the Treasury must transfer an amount equal to the revenue collected from the tax to HHS to carry out this bill. The bill makes the funds available without further appropriation and designates the funding as an emergency requirement under the Statutory Pay-As-You-Go Act of 2010 (PAYGO). | {"src": "billsum_train", "title": "Heroin and Opioid Abuse Prevention and Treatment Act of 2016"} | 1,148 | 169 | 0.51444 | 1.406519 | 0.717228 | 2.940789 | 6.401316 | 0.835526 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Next Generation Homes Act of 2009''.
SEC. 2. MODIFICATION OF NEW ENERGY EFFICIENT HOME CREDIT.
(a) In General.--
(1) Modification of credit amount.--Paragraph (2) of
section 45L(a) of the Internal Revenue Code of 1986 (relating
to applicable amount) is amended to read as follows:
``(2) Applicable amount.--For purposes of paragraph (1),
the applicable amount is an amount equal to--
``(A) in the case of an Energy Star Home, $700,
``(B) in the case of an Energy Plus Home, $2,000,
``(C) in the case of an Energy Saver Home, $5,000,
and
``(D) in the case of Zero Energy Home, $10,000.''.
(2) Modification of energy saving requirement.--Subsection
(c) of section 45L of such Code is amended to read as follows:
``(c) Energy Savings Requirements.--
``(1) In general.--A dwelling unit meets the energy savings
requirements of this subsection if such unit is described in
paragraph (2).
``(2) Applicable dwelling units.--For purposes of this
section--
``(A) Energy star home.--The term `Energy Star
Home' means a dwelling unit which meets the
requirements established by the Administrator of the
Environmental Agency under the Energy Star Labeled
Homes program.
``(B) Energy plus home.--The term `Energy Plus
Home' means a dwelling unit which is certified under
the most recent Mortgage Industry National Home Energy
Rating Systems Standards as having a relative energy
use index value of more than 50, but not more than 70.
``(C) Energy saver home.--The term `Energy Saver
Home' means a dwelling unit which meets the
requirements of subparagraph (B) applied by
substituting `0' for `50' and `50' for `70'.
``(D) Zero energy home.--The term `Zero Energy
Home' means a dwelling unit which meets the
requirements of subparagraph (B) applied by
substituting `0' for `more than 50, but not more than
70'.''.
(3) Modification of termination.--Subsection (g) of section
45L of such Code (relating to termination) is amended to read
as follows:
``(g) Termination.--This section shall not apply to any qualified
new energy efficient home acquired after--
``(1) in the case of an Energy Star Home, December 31,
2011,
``(2) in the case of a Energy Star Home, December 31, 2013,
``(3) in the case of a Energy Plus Home, December 31, 2015,
and
``(4) in the case of a Zero Energy Home, December 31,
2018.''.
(b) Effective Date.--The amendments made by this section shall
apply to new energy efficient homes acquired after December 31, 2008.
SEC. 3. ENERGY EFFICIENT RESIDENCE CREDIT.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 25D the following new section:
``SEC. 25E. ENERGY EFFICIENT RESIDENCE CREDIT.
``(a) In General.--In the case of an individual who purchases a
qualified energy efficient residence in the United States during a
taxable year, there shall be allowed as a credit against the tax
imposed by this chapter for such taxable year an amount equal to the
applicable amount determined under subsection (c).
``(b) Qualified Energy Efficient Residence.--For purposes of this
section, the term `qualified energy efficient residence' means any
principal residence (within the meaning of section 121) of the taxpayer
which is an Energy Star Home, Energy Plus Home, Energy Saver Home, or
Zero Energy Home (as each is defined in section 45L(c)(2)).
``(c) Applicable Amount.--For purposes of this section--
``(1) In general.--The applicable amount shall be--
``(A) in the case of an Energy Star Home, $700,
``(B) in the case of an Energy Plus Home, $2,000,
``(C) in the case of an Energy Saver Home, $5,000,
and
``(D) in the case of Zero Energy Home, $10,000.
``(2) Married filing separately.--In the case of a married
individual filing a separate return, the applicable amount
shall be 50 percent of the amount in effect under paragraph (1)
applicable to the qualified energy efficient home involved.
``(3) Other individuals.--If two or more individuals who
are not married purchase a principal residence, the amount of
the credit allowed under subsection (a) shall be allocated
among such individuals in such manner as the Secretary may
prescribe, except that the total amount of the credits allowed
to all such individuals shall not exceed the amount in effect
under paragraph (1) applicable to the qualified energy
efficient home involved.
``(d) Definition and Special Rules.--For purposes of this section--
``(1) Purchase.--The term `purchase' shall have the meaning
given such term by section 36.
``(2) Rules made applicable.--Rules similar to the rules of
subsections (d) and (f) of section 36 shall apply. For purposes
of the preceding sentence, such subsection (f) shall be applied
without regard to paragraph (4)(D) thereof.
``(e) Termination.--This section shall not apply to any qualified
energy efficient residence purchased after--
``(1) in the case of an Energy Star Home, December 31,
2011,
``(2) in the case of a Energy Star Home, December 31, 2013,
``(3) in the case of a Energy Plus Home, December 31, 2015,
and
``(4) in the case of a Zero Energy Home, December 31,
2018.''.
(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 25D the following new
item:
``Sec. 25E. Energy efficient residence credit.''.
(c) Effective Date.--The amendments made by this section shall
apply to residences purchased after the date of the enactment of this
Act. | Next Generation Homes Act of 2009 - Amends the Internal Revenue Code to: (1) increase the dollar limits on the new energy efficient home tax credit and revise the energy savings requirements for such credit; and (2) allow a new tax credit for the purchase of an energy efficient principal residence. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to modify the new energy efficient home credit and to provide a credit against tax for the purchase of certain energy efficient homes."} | 1,446 | 61 | 0.546117 | 1.150983 | 0.405421 | 2.224138 | 23.034483 | 0.844828 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Crimes Against Children and Elderly
Persons Increased Punishment Act''.
SEC. 2. ENHANCED PENALTIES FOR VULNERABLE VICTIMS.
Section 240002 of the Violent Crime Control and Law Enforcement Act
of 1994 is amended to read as follows:
``SEC. 240002. ENHANCED PENALTIES FOR VULNERABLE VICTIMS.
``(a) In General.--The United States Sentencing Commission shall
amend the Federal sentencing guidelines to provide a sentencing
enhancement of not less than 5 levels above the offense level otherwise
provided for a crime of violence, including those crimes of violence
involving the environment, if the crime of violence is against a child,
elderly person, or other vulnerable person. If the crime of violence is
also a sex crime against a child, the enhancement provided under the
preceding sentence shall be 6 instead of 5 levels.
``(b) Definitions.--As used in this section--
``(1) the term `crime of violence' has the meaning given
that term in section 16 of title 18, United States Code;
``(2) the term `child' means a person who is 14 years of
age, or younger;
``(3) the term `elderly person' means a person who is 65
years of age or older; and
``(4) the term `vulnerable person' means a person whom the
defendant knew or should have known was unusually vulnerable
due to age, physical or mental condition, or otherwise
particularly susceptible to the criminal conduct, or is a
victim of an offense under section 2241(e) of title 18, United
States Code.''.
SEC. 3. SHORT TITLE.
Section 4 may be cited as the ``Amber Hagerman Child Protection Act
of 1996''.
SEC. 4. INCREASED PENALTIES FOR FEDERAL SEX OFFENSES AGAINST CHILDREN.
(a) Aggravated Sexual Abuse of a Minor.--Section 2241(c) of title
18, United States Code, is amended--
(1) by inserting ``whoever in interstate or foreign
commerce or'' before ``in the special'';
(2) by inserting ``crosses a State line with intent to
engage in a sexual act with a person who has not attained the
age of 12 years, or'' after ``Whoever''; and
(3) by adding at the end of the following: ``If the
defendant has previously been convicted of another Federal
offense under this subsection or under section 2243(a), or of a
State offense that would have been an offense under either such
provision had the offense occurred in a Federal prison, unless
the death penalty is imposed, the defendant shall be sentenced
to life in prison.''.
(b) Sexual Abuse of a Minor.--Section 2243(a) of title 18, United
States Code, is amended--
(1) by inserting ``whoever in interstate for foreign
commerce or'' before ``in the special'';
(2) by inserting ``crosses a State line with intent to
engage in a sexual act with a person who, or'' after
``Whoever''; and
(3) by adding at the end the following: ``If the defendant
has previously been convicted of another Federal offense under
this subsection or under section 2241(c), or of a State offense
that would have been an offense under either such provision had
the offense occurred in a Federal prison, unless the death
penalty is imposed, the defendant shall be sentenced to life in
prison.''.
SEC. 5. FEDERAL JURISDICTION OVER RAPE AND SEXUAL ASSAULT CASES.
Section 2241 of title 18, United States Code, is amended by adding
at the end the following:
``(e) Punishment for Sexual Predators.--(1) Whoever, in a
circumstance described in paragraph (2) of this subsection--
``(A) violates this section; or
``(B) engages in conduct that would violate this section,
if the conduct had occurred in the special maritime and
territorial jurisdiction of the United States, and--
``(i) that conduct is in interstate or foreign
commerce;
``(ii) the person engaging in that conduct crossed
a State line with intent to engage in the conduct; or
``(iii) the person engaging in that conduct
thereafter engages in conduct that is a violation of
section 1073(1) with respect to an offense that
consists of the conduct so engaged in;
shall be imprisoned for life.
``(2) The circumstance referred to in paragraph (1) of this
subsection is that the defendant has previously been convicted of
another State or Federal offense for conduct which--
``(A) is an offense under this section or section 2242 of
this title; or
``(B) would have been an offense under either of such
sections if the offense had occurred in the special maritime or
territorial jurisdiction of the United States.''.
SEC. 6. PROHIBITIONS RELATING TO BODY ARMOR.
(a) Short Title.--This section may be cited as the ``James Guelff
Body Armor Act of 1996''.
(b) Sentencing Enhancement.--The United States Sentencing
Commission shall amend the Federal sentencing guidlines to provide an
appropriate sentencing enhancement for any crime of violence against a
vulnerable person (which for the purposes of this section shall include
a law enforcement officer) as defined in section 240002 of the Violent
Crime Control and Law Enforcement Act of 1994 in which the defendant
used body armor.
(c) For purposes of this section--
(1) the term ``body armor'' means any product sold or
offered for sale as personal protective body covering intended
to protect against gunfire, regardless of whether the product
is to be worn alone or is sold as a complement to another
product or garment; and
(2) the term ``law enforcement officer'' means any officer,
agent, or employee of the United States, a State, or a
political subdivision of a State, authorized by law or by a
government agency to engage in or supervise the prevention,
detection, investigation, or prosecution of any violation of
criminal law.
SEC. 7. AMENDMENT OF SENTENCING GUIDELINES TO PROVIDE FOR ENHANCED
PENALTIES FOR A DEFENDANT WHO COMMITS A CRIME WHILE IN
POSSESSION OF A FIREARM WITH A LASER SIGHTING DEVICE.
Not later than May 1, 1997, the United States Sentencing Commission
shall, pursuant to its authority under section 994 of title 28, United
States Code, amend the sentencing guidelines (and, if the Commission
considers it appropriate, the policy statements of the Commission) to
provide that a defendant convicted of a crime of violence against a
child, elderly person, or other vulnerable person (as such terms are
defined in section 240002(b) of the Violent Crime Control and Law
Enforcement Act of 1994) shall receive an appropriate sentence
enhancement if, during the crime--
(1) the defendant possessed a firearm equipped with a laser
sighting device; or
(2) the defendant possessed a firearm, and the defendant
(or another person at the scene of the crime who was aiding in
the commission of the crime) possessed a laser sighting device
capable of being readily attached to the firearm.
Passed the House of Representatives May 7, 1996.
Attest:
ROBIN H. CARLE,
Clerk. | Crimes Against Children and Elderly Persons Increased Punishment Act - Amends the Violent Crime Control and Law Enforcement Act of 1994 to direct the United States Sentencing Commission to amend the Federal sentencing guidelines to provide a sentencing enhancement of not less than: (1) five levels above the offense level otherwise provided for a crime of violence, including crimes of violence involving the environment, if such crime is against a child, elderly person, or other vulnerable person; or (2) six levels above if the crime is also a sex crime against a child. Amber Hagerman Child Protection Act of 1996 - Amends the Federal criminal code to apply prohibitions and penalties for aggravated sexual abuse of a person under age 12 and for sexual abuse of a person between the ages of 12 and 16 to any person who: (1) crosses a State line with intent to engage in a sexual act with such minor; or (2) knowingly engages, or attempts to engage, in such an act in interstate or foreign commerce. Directs that a defendant previously convicted of another Federal offense of sexual abuse or aggravated sexual abuse of a minor or of a State offense that would have been such an offense had it occurred in a Federal prison be sentenced to life imprisonment, unless the death penalty is imposed. (Sec. 5) Requires imposition of life imprisonment upon anyone who violates provisions regarding aggravated sexual abuse (or engages in conduct that would be a violation of such provisions if the offense had occurred in the special maritime and territorial jurisdiction of the United States) after previously having been convicted of another State or Federal sexual abuse offense (or conduct which would have been such an offense if the offense had occurred in such jurisdiction) if: (1) such conduct occurs in interstate or foreign commerce; (2) the defendant crossed a State line with intent to engage in the conduct; or (3) the defendant fled prosecution of such offense. (Sec. 6) James Guelff Body Armor Act of 1996 - Directs the Commission to amend sentencing guidelines to provide an appropriate sentencing enhancement for any crime of violence against a vulnerable person (including a law enforcement officer) in which the defendant used body armor. (Sec. 7) Directs the Commission to amend sentencing guidelines (and, if appropriate, policy statements) to require an enhanced sentence for a defendant convicted of committing a crime of violence against a vulnerable person while in possession of a firearm with a laser sighting device. | {"src": "billsum_train", "title": "Crimes Against Children and Elderly Persons Increased Punishment Act"} | 1,707 | 556 | 0.683807 | 2.266321 | 0.84254 | 4.012658 | 3.175105 | 0.924051 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Health Insurance Provides
Security (CHIPS) Act of 1997''.
SEC. 2. ENCOURAGING STATES THROUGH INCREASED FEDERAL MEDICAL ASSISTANCE
PERCENTAGE (FMAP) TO EXPAND MEDICAID COVERAGE OF CHILDREN
AND PREGNANT WOMEN.
(a) Increased FMAP for Medical Assistance for Certain
Individuals.--Section 1905 of the Social Security Act (42 U.S.C. 1396d)
is amended--
(1) in subsection (b), by adding at the end the following
new sentence: ``Notwithstanding the first sentence of this
subsection, in the case of a State plan that meets the
conditions described in subsection (t)(1), with respect to
expenditures for medical assistance for individuals within an
optional coverage group (as defined in subsection (t)(2)) the
Federal medical assistance percentage is equal to the enhanced
medical assistance percentage described in subsection
(t)(3).''; and
(2) by adding at the end the following new subsection:
``(t)(1) The conditions described in this paragraph for a State
plan are as follows:
``(A) The plan provides (either through exercise of the
option under section 1902(l)(1)(D) or authority under section
1902(r)(2)) for coverage under section 1902(l)(1)(D) of
individuals under 19 years of age, regardless of date of birth.
``(B) The plan provides under section 1902(e)(12) for
continuous eligibility for a period of 12 months (under
subparagraph (A) of such section) of all individuals under 19
years of age who are determined to be eligible for benefits
under a State plan approved under this title under section
1902(a)(10)(A).
``(2) For purposes of subsection (b), the term `optional coverage
group' means individuals described in each of the following
subparagraphs:
``(A) Pregnant women with family income between 133 percent
and 150 percent of poverty line.--Women described in
subparagraph (A) of section 1902(l)(1) whose family income
exceeds 133 percent, but does not exceed 150 percent, of the
poverty line for a family of the size involved.
``(B) Infants with family income between 133 percent and
150 percent of poverty line.--Infants described in subparagraph
(B) of section 1902(l)(1) whose family income exceeds 133
percent, but does not exceed 150 percent, of the poverty line
for a family of the size involved.
``(C) Children under 6 years of age with family income
between 133 percent and 150 percent of poverty line.--Children
described in subparagraph (C) of section 1902(l)(1) whose
family income exceeds 133 percent, but does not exceed 150 percent, of
the poverty line for a family of the size involved.
``(D) Older children with family income between 100 percent
and 150 percent of poverty line.--Children described in
subparagraph (D) of section 1902(l)(1), who are not described
in any of subclauses (I) through (III) of section
1902(a)(10)(A)(i), and whose family income exceeds 100 percent,
but does not exceed 150 percent, of the poverty line for a
family of the size involved.
``(3) The enhanced medical assistance percentage described in this
paragraph for a State is equal to the Federal medical assistance
percentage (as defined in the first sentence of subsection (b)) for the
State increased (but not above 90 percent) by the number of percentage
points equal to 30 percent of the number of percentage points by which
(A) such Federal medical assistance percentage for the State, is less
than (B) 100 percent.''.
(b) State Option To Expand Eligibility to 150 Percent of Poverty
Line for Children Over 1 Year of Age.--Section 1902(l)(2) of such Act
(42 U.S.C. 1396a(l)(2)) is amended--
(1) in subparagraph (B), by striking ``equal to 133
percent'' and inserting ``a percentage (specified by the State
and not less than 133 percent and not more than 150 percent)'',
and
(2) in subparagraph (C), by striking ``equal to 100
percent'' and inserting ``a percentage (specified by the State
and not less than 100 percent and not more than 150 percent)''.
(c) Clarification of State Option To Cover All Children Under 19
Years of Age.--Section 1902(l)(1)(D) of such Act (42 U.S.C.
1396a(l)(1)(D)) is amended by inserting ``(or, at the option of a
State, after any earlier date)'' after ``children born after September
30, 1983''.
(d) State Option of Continuous Eligibility for 12 Months.--Section
1902(e) of such Act (42 U.S.C. 1396a(e)) is amended by adding at the
end the following new paragraph:
``(12) At the option of the State, the plan may provide that an
individual who is under an age specified by the State (not to exceed 19
years of age) and who is determined to be eligible for benefits under a
State plan approved under this title under subsection (a)(10)(A) shall
remain eligible for those benefits until the earlier of--
``(A) the end of a period (not to exceed 12 months)
following the determination; or
``(B) the time that the individual exceeds that age.''.
(e) Effective Date.--The amendments made by this section shall
apply to medical assistance for items and services furnished on or
after January 1, 1998.
SEC. 3. EMPLOYER CONTRIBUTIONS TO PREMIUMS.
(a) General Rule.--Any employer which elects to make employer
contributions on behalf of an individual who is an employee of such
employer, or who is a dependent of such employee, for health insurance
coverage shall not condition, or vary, such contributions with respect
to any such individual by reason of such individual's status as an
individual eligible for medical assistance under a State plan under
title XIX of the Social Security Act (42 U.S.C. 1396 et seq.).
(b) Elimination of Contributions.--An employer shall not be treated
as failing to meet the requirements of subsection (a) if the employer
ceases to make employer contributions for health insurance coverage for
all its employees.
(c) Enforcement.--The enforcement provisions applicable to group
health insurance coverage under the amendments made by section
101(e)(2) of the Health Insurance Portability and Accountability Act of
1996 (Public Law 104-191; 110 Stat. 1952) shall apply with respect to
an employer that violates the provisions of this section in the same
manner as such provisions apply to employers under such amendments.
SEC. 4. GRANT PROGRAM TO PROMOTE OUTREACH EFFORTS.
(a) Authorization of Appropriations.--There are authorized to be
appropriated, for each fiscal year beginning with fiscal year 1998 to
the Secretary of Health and Human Services, $25,000,000 for grants to
States, localities, and nonprofit entities to promote outreach efforts
to enroll eligible children under the medicaid program under title XIX
of the Social Security Act (42 U.S.C. 1396 et seq.) and related
programs.
(b) Use of Funds.--Funds under this section may be used to
reimburse States, localities, and nonprofit entities for additional
training and administrative costs associated with outreach activities.
Such activities include the following:
(1) Use of a common application form for federal child
assistance programs.--Implementing use of a single application
form (established by the Secretary and based on the model
application forms developed under subsections (a) and (b) of
section 6506 of the Omnibus Budget Reconciliation Act of 1989
(42 U.S.C. 701 note; 1396a note)) to determine the eligibility
of a child or the child's family (as applicable) for assistance
or benefits under the medicaid program and under other Federal
child assistance programs (such as the temporary assistance for
needy families program under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.), the food stamp program,
as defined in section 3(h) of the Food Stamp Act of 1977 (7
U.S.C. 2012(h)), and the State program for foster care
maintenance payments and adoption assistance payments under
part E of title IV of the Social Security Act (42 U.S.C. 670 et
seq.)).
(2) Expanding outstationing of eligibility personnel.--
Providing for the stationing of eligibility workers at sites,
such as hospitals and health clinics, at which children receive
health care or related services.
(c) Application, Etc.--Funding shall be made available under this
section only upon the approval of an application by a State, locality,
or nonprofit entity for such funding and only upon such terms and
conditions as the Secretary specifies.
(d) Administration.--The Secretary may administer the grant program
under this section through the identifiable administrative unit
designated under section 509(a) of the Social Security Act (42 U.S.C.
709(a)) to promote coordination of medicaid and maternal and child
health activities and other child health related activities. | Children's Health Insurance Provides Security (CHIPS) Act of 1997 - Amends title XIX (Medicaid) of the Social Security Act to offer an enhanced Federal match to States with Medicaid plans that provide for: (1) coverage of pregnant women, infants, and children under age six with family income between 133 and 150 percent of the poverty line, as well as older children with family income between 100 and 150 percent of the poverty line; and (2) continuous eligibility for a 12-month period for children under any age the State specifies (up to age 19). Gives States the option to: (1) expand Medicaid eligibility to 150 percent of the poverty line for children over one year of age; and (2) extend coverage to all children under age 19.
Prohibits any employer which elects to make employer health insurance contributions on behalf of an employee (or dependent) from conditioning, or varying, such contributions with respect to any such individual by reason of his or her eligibility for Medicaid.
Authorizes appropriations to the Secretary of Health and Human Services for grants to States, localities, and nonprofit entities to promote outreach efforts to enroll eligible children under Medicaid and related programs. | {"src": "billsum_train", "title": "Children's Health Insurance Provides Security (CHIPS) Act of 1997"} | 2,149 | 245 | 0.560408 | 1.480152 | 0.786828 | 3.437768 | 7.811159 | 0.914163 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Older Workers' Earnings Protection
Act of 1993''.
SEC. 2. LIBERALIZATION OF EARNINGS TEST OVER THE PERIOD 1995-1999 FOR
INDIVIDUALS WHO HAVE ATTAINED RETIREMENT AGE.
(a) In General.--Effective with respect to taxable years ending
after 1994, subparagraph (D) of section 203(f)(8) of the Social
Security Act is amended to read as follows:
``(D) Notwithstanding any other provision of this
subsection, the exempt amount for a taxable year ending in a
calendar year after 1994 which is applicable to an individual
who has attained retirement age (as defined in section 216(l))
before the close of the taxable year involved shall be an
amount equal to the exempt amount which was applicable to
individuals described in this subparagraph for taxable years
ending in the preceding calendar year, plus $3,000.''.
(b) Conforming Amendment.--The second sentence of section 223(d)(4)
of such Act is amended by striking ``which is applicable to individuals
described in subparagraph (D) thereof'' and inserting ``which would be
applicable to individuals who have attained retirement age (as defined
in section 216(l)) before the close of the taxable year involved if the
amendments made by the Social Security Earnings Test Repeal Act of 1993
had not been enacted.''.
SEC. 3. REPEAL OF EARNINGS TEST IN THE YEAR 2000 FOR INDIVIDUALS WHO
HAVE ATTAINED RETIREMENT AGE.
Effective with respect to taxable years ending after 1999--
(1) clause (B) in the third sentence of section 203(f)(1)
of the Social Security Act is amended by striking ``age
seventy'' and inserting ``retirement age (as defined in section
216(l))''; and
(2) section 203(f)(3) of such Act is amended--
(A) by striking ``33\1/3\ percent'' and all that
follows through ``multiplied by the number of months in
such year'' and inserting ``50 percent of his earnings
for such year in excess of the product derived by
multiplying the applicable exempt amount as determined
under paragraph (8) by the number of months in such
year'', and
(B) by striking ``age 70'' and inserting
``retirement age (as defined in section 216(l))''.
SEC. 4. CONFORMING AND RELATED AMENDMENTS.
Effective with respect to taxable years ending after 1999--
(1) section 203(c)(1) of the Social Security Act is amended
by striking ``is under the age of seventy'' and inserting ``is
under retirement age (as defined in section 216(l))'';
(2) the last sentence of subsection (c) of section 203 of
such Act is amended 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.'';
(3) paragraphs (1)(A) and (2) of section 203(d) of such Act
are each amended by striking ``under the age of seventy'' and
inserting ``under retirement age (as defined in section
216(l))'';
(4) section 203(f)(1) of such Act is amended 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, or'';
(5) subparagraph (D) of section 203(f)(5) of such Act is
amended--
(A) by striking ``(D) In the case of'' and all that
follows down through ``(ii) an individual'' and
inserting the following:
``(D) In the case of an individual''; and
(B) by striking ``became entitled to such
benefits'' and all that follows and inserting ``became
entitled to such benefits, there shall be excluded from
gross income any such other income.'';
(6) section 203(f)(8)(A) of such Act 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 ``the new exempt amount
which is to be applicable'';
(7) section 203(f)(8)(B) of such Act is amended--
(A) by striking all that precedes clause (i) and
inserting the following:
``(B) The exempt amount which is applicable for each month
of a particular taxable year shall be whichever of the
following is the larger--'';
(B) by striking ``corresponding'' in clause (i);
and
(C) by striking ``an exempt amount'' in the matter
following clause (ii) and inserting ``the exempt
amount'';
(8) section 203(f)(8)(D) of such Act (as amended by section
2(a) of this Act) is repealed;
(9) section 203(f)(9) of such Act is repealed;
(10) section 203(h)(1)(A) of such Act is amended by
striking ``age 70'' each place it appears and inserting
``retirement age (as defined in section 216(l))'';
(11) section 203(j) of such Act is amended to read as
follows:
``Attainment of Retirement Age
``(j) For purposes of this section--
``(1) an individual shall be considered as having attained
retirement age (as defined in section 216(l)) during the entire
month in which he attains such age; and
``(2) the term `retirement age (as defined in section
216(l))', with respect to any individual entitled to monthly
insurance benefits under section 202, means the retirement age
(as so defined) which is applicable in the case of old-age
insurance benefits, regardless of whether or not the particular
benefits to which the individual is entitled (or the only such
benefits) are old-age insurance benefits.''; and
(12) section 202(w)(2)(B)(ii) of such Act 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''.
SEC. 5. ACCELERATION OF 8 PERCENT DELAYED RETIREMENT CREDIT.
Paragraph (6) of section 202(w) of the Social Security Act is
amended--
(1) by striking ``2005'' in subparagraph (C) and inserting
``1995''; and
(2) by striking ``2004'' in subparagraph (D) and inserting
``1994''. | Older Workers' Earnings Protection Act of 1993 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to increase the amount of outside income which beneficiaries who have attained retirement age may earn during 1995 through 1999 without incurring a reduction in benefits. Repeals such income limitation in the year 2000. Accelerates the effective dates of increases in the delayed retirement credit rate for individuals who work beyond retirement age. | {"src": "billsum_train", "title": "Older Workers' Earnings Protection Act of 1993"} | 1,658 | 100 | 0.524145 | 1.210516 | 0.510318 | 2.120482 | 17 | 0.771084 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Marketplace Fairness Act of 2013''.
SEC. 2. AUTHORIZATION TO REQUIRE COLLECTION OF SALES AND USE TAXES.
(a) Streamlined Sales and Use Tax Agreement.--Each Member State
under the Streamlined Sales and Use Tax Agreement is authorized to
require all sellers not qualifying for the small seller exception
described in subsection (c) to collect and remit sales and use taxes
with respect to remote sales sourced to that Member State pursuant to
the provisions of the Streamlined Sales and Use Tax Agreement, but only
if the Streamlined Sales and Use Tax Agreement includes the minimum
simplification requirements in subsection (b)(2). A State may exercise
authority under this Act beginning 90 days after the State publishes
notice of the State's intent to exercise the authority under this Act,
but no earlier than the first day of the calendar quarter that is at
least 90 days after the date of the enactment of this Act.
(b) Alternative.--A State that is not a Member State under the
Streamlined Sales and Use Tax Agreement is authorized notwithstanding
any other provision of law to require all sellers not qualifying for
the small seller exception described in subsection (c) to collect and
remit sales and use taxes with respect to remote sales sourced to that
State, but only if the State adopts and implements the minimum
simplification requirements in paragraph (2). Such authority shall
commence beginning no earlier than the first day of the calendar
quarter that is at least 6 months after the date that the State--
(1) enacts legislation to exercise the authority granted by
this Act--
(A) specifying the tax or taxes to which such
authority and the minimum simplification requirements
in paragraph (2) shall apply; and
(B) specifying the products and services otherwise
subject to the tax or taxes identified by the State
under subparagraph (A) to which the authority of this
Act shall not apply; and
(2) implements each of the following minimum simplification
requirements:
(A) Provide--
(i) a single entity within the State
responsible for all State and local sales and
use tax administration, return processing, and
audits for remote sales sourced to the State;
(ii) a single audit of a remote seller for
all State and local taxing jurisdictions within
that State; and
(iii) a single sales and use tax return to
be used by remote sellers to be filed with the
single entity responsible for tax
administration.
A State may not require a remote seller to file sales
and use tax returns any more frequently than returns
are required for nonremote sellers. No local
jurisdiction may require a remote seller to submit a
sales and use tax return or to collect sales and use
taxes other than as provided by this paragraph.
(B) Provide a uniform sales and use tax base among
the State and the local taxing jurisdictions within the
State pursuant to paragraph (1).
(C) Source all interstate sales in compliance with
the sourcing definition set forth in section 4(7).
(D) Provide--
(i) information indicating the taxability
of products and services along with any product
and service exemptions from sales and use tax
in the State and a rates and boundary database;
(ii) software free of charge for remote
sellers that calculates sales and use taxes due
on each transaction at the time the transaction
is completed, that files sales and use tax
returns, and that is updated to reflect rate
changes as described in subparagraph (H); and
(iii) certification procedures for persons
to be approved as certified software providers.
For purposes of clause (iii), the software provided by
certified software providers shall be capable of
calculating and filing sales and use taxes in all
States qualified under this Act.
(E) Relieve remote sellers from liability to the
State or locality for the incorrect collection,
remittance, or noncollection of sales and use taxes,
including any penalties or interest, if the liability
is the result of an error or omission made by a
certified software provider.
(F) Relieve certified software providers from
liability to the State or locality for the incorrect
collection, remittance, or noncollection of sales and
use taxes, including any penalties or interest, if the
liability is the result of misleading or inaccurate
information provided by a remote seller.
(G) Relieve remote sellers and certified software
providers from liability to the State or locality for
incorrect collection, remittance, or noncollection of
sales and use taxes, including any penalties or
interest, if the liability is the result of incorrect
information or software provided by the State.
(H) Provide remote sellers and certified software
providers with 90 days notice of a rate change by the
State or any locality in the State and update the
information described in subparagraph (D)(i)
accordingly and relieve any remote seller or certified
software provider from liability for collecting sales
and use taxes at the immediately preceding effective
rate during the 90-day notice period if the required
notice is not provided.
(c) Small Seller Exception.--A State is authorized to require a
remote seller to collect sales and use taxes under this Act only if the
remote seller has gross annual receipts in total remote sales in the
United States in the preceding calendar year exceeding $1,000,000. For
purposes of determining whether the threshold in this subsection is
met--
(1) the sales of all persons related within the meaning of
subsections (b) and (c) of section 267 or section 707(b)(1) of
the Internal Revenue Code of 1986 shall be aggregated; or
(2) persons with 1 or more ownership relationships shall
also be aggregated if such relationships were designed with a
principal purpose of avoiding the application of these rules.
SEC. 3. LIMITATIONS.
(a) In General.--Nothing in this Act shall be construed as--
(1) subjecting a seller or any other person to franchise,
income, occupation, or any other type of taxes, other than
sales and use taxes;
(2) affecting the application of such taxes; or
(3) enlarging or reducing State authority to impose such
taxes.
(b) No Effect on Nexus.--This Act shall not be construed to create
any nexus between a person and a State or locality.
(c) Licensing and Regulatory Requirements.--Nothing in this Act
shall be construed as permitting or prohibiting a State from--
(1) licensing or regulating any person;
(2) requiring any person to qualify to transact intrastate
business;
(3) subjecting any person to State or local taxes not
related to the sale of goods or services; or
(4) exercising authority over matters of interstate
commerce.
(d) No New Taxes.--Nothing in this Act shall be construed as
encouraging a State to impose sales and use taxes on any goods or
services not subject to taxation prior to the date of the enactment of
this Act.
(e) No Effect on Intrastate Sales.--The provisions of this Act
shall apply only to remote sales and shall not apply to intrastate
sales or intrastate sourcing rules. States granted authority under
section 2(a) shall comply with all intrastate provisions of the
Streamlined Sales and Use Tax Agreement.
(f) No Effect on Mobile Telecommunications Sourcing Act.--Nothing
in this Act shall be construed as altering in any manner or preempting
the Mobile Telecommunications Sourcing Act (4 U.S.C. 116-126).
SEC. 4. DEFINITIONS AND SPECIAL RULES.
In this Act:
(1) Certified software provider.--The term ``certified
software provider'' means a person that--
(A) provides software to remote sellers to
facilitate State and local sales and use tax compliance
pursuant to section 2(b)(2)(D); and
(B) is certified by a State to so provide such
software.
(2) Locality; local.--The terms ``locality'' and ``local''
refer to any political subdivision of a State.
(3) Member state.--The term ``Member State''--
(A) means a Member State as that term is used under
the Streamlined Sales and Use Tax Agreement as in
effect on the date of the enactment of this Act; and
(B) does not include any associate member under the
Streamlined Sales and Use Tax Agreement.
(4) Person.--The term ``person'' means an individual,
trust, estate, fiduciary, partnership, corporation, limited
liability company, or other legal entity, and a State or local
government.
(5) Remote sale.--The term ``remote sale'' means a sale
into a State in which the seller would not legally be required
to pay, collect, or remit State or local sales and use taxes
unless provided by this Act.
(6) Remote seller.--The term ``remote seller'' means a
person that makes remote sales in the State.
(7) Sourced.--For purposes of a State granted authority
under section 2(b), the location to which a remote sale is
sourced refers to the location where the item sold is received
by the purchaser, based on the location indicated by
instructions for delivery that the purchaser furnishes to the
seller. When no delivery location is specified, the remote sale
is sourced to the customer's address that is either known to
the seller or, if not known, obtained by the seller during the
consummation of the transaction, including the address of the
customer's payment instrument if no other address is available.
If an address is unknown and a billing address cannot be
obtained, the remote sale is sourced to the address of the
seller from which the remote sale was made. A State granted
authority under section 2(a) shall comply with the sourcing
provisions of the Streamlined Sales and Use Tax Agreement.
(8) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, Guam, American Samoa, the United States Virgin Islands,
the Commonwealth of the Northern Mariana Islands, and any other
territory or possession of the United States.
(9) Streamlined sales and use tax agreement.--The term
``Streamlined Sales and Use Tax Agreement'' means the multi-
State agreement with that title adopted on November 12, 2002,
as in effect on the date of the enactment of this Act and as
further amended from time to time.
SEC. 5. SEVERABILITY.
If any provision of this Act or the application of such provision
to any person or circumstance is held to be unconstitutional, the
remainder of this Act and the application of the provisions of such to
any person or circumstance shall not be affected thereby.
SEC. 6. PREEMPTION.
Except as otherwise provided in this Act, this Act shall not be
construed to preempt or limit any power exercised or to be exercised by
a State or local jurisdiction under the law of such State or local
jurisdiction or under any other Federal law. | Marketplace Fairness Act of 2013 - Authorizes each member state under the Streamlined Sales and Use Tax Agreement (the multistate agreement for the administration and collection of sales and use taxes adopted on November 12, 2002) to require all sellers not qualifying for a small-seller exception (applicable to sellers with annual gross receipts in total U.S. remote sales not exceeding $1 million) to collect and remit sales and use taxes with respect to remote sales under provisions of the Agreement, but only if such Agreement includes minimum simplification requirements relating to the administration of the tax, audits, and streamlined filing. Defines "remote sale" as a sale of goods or services into a state in which the seller would not legally be required to pay, collect, or remit state or local sales and use taxes unless provided by this Act. | {"src": "billsum_train", "title": "Marketplace Fairness Act of 2013"} | 2,439 | 187 | 0.702029 | 2.060999 | 0.823361 | 5.134615 | 14.301282 | 0.942308 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening America's Bridges
Act''.
SEC. 2. STRENGTHENING AMERICA'S BRIDGES FUND.
(a) Strengthening America's Bridges Fund.--
(1) In general.--There is established in the Treasury of
the United States a fund to be known as the ``Strengthening
America's Bridges Fund'', consisting of such amounts as may be
appropriated to such fund as provided in paragraph (2).
(2) Transfers to fund.--There is hereby appropriated to the
Strengthening America's Bridges Fund an amount equivalent to
the increase in revenue received in the Treasury by reason of
the amendments made by subsection (b), as determined by the
Secretary of the Treasury (or the Secretary's delegate).
(3) Expenditures from fund.--Amounts in the Strengthening
America's Bridges Fund shall be made available by the Secretary
of Transportation (referred to in this Act as the
``Secretary'') for the purpose of making grants, in accordance
with the requirements of this subsection, to States for the
repair or maintenance of any bridges classified as deficient in
the National Bridge Inventory, as authorized under section
144(b) of title 23, United States Code.
(4) Selection process.--
(A) In general.--The Secretary shall select the
recipients of grants awarded under this subsection in
accordance with the criteria published under
subparagraph (B) and described in paragraph (5).
(B) Publication of criteria.--The Secretary shall
publish selection criteria for any grants awarded under
this subsection not earlier than 60 days after the date
of enactment of this Act.
(C) Timeline for submission.--Applications for
funding made available under this Act shall be
submitted not earlier than 120 days after the date on
which the criteria are published under subparagraph
(B).
(D) Deadline for selection.--The Secretary shall
select and announce all projects selected under this
paragraph not earlier than 60 days after the last day
of the submission period described in subparagraph (C).
(5) Criteria.--In making grants under this subsection, the
Secretary shall ensure--
(A) an equitable geographic distribution of funds,
including an appropriate balance in addressing the
needs of urban and rural areas;
(B) that not more than 25 percent of the funds made
available under this Act are awarded to projects in a
single State;
(C) that not less than 20 percent of the funds
provided under this Act shall be for projects located
in rural areas;
(D) that for projects located in rural areas, the
Secretary may increase the Federal share of costs to
more than 80 percent; and
(E) that priority is given to projects that require
a contribution of Federal funds in order to complete an
overall financing package.
(6) Retention of funds.--The Secretary may retain up to 10
percent of the funds made available to the Secretary under
paragraph (3), and may transfer portions of those funds to the
Administrators of the Federal Highway Administration, to fund
the award and oversight of grants made under this subsection.
(7) Federal share.--Except as provided in paragraph (5)(D),
the Federal share of the costs for which an expenditure is made
under this subsection shall be, at the option of the recipient,
not more than 80 percent.
(b) Social Security Number Required To Claim the Refundable Portion
of the Child Tax Credit.--
(1) In general.--Subsection (e) of section 24 of the
Internal Revenue Code of 1986 is amended to read as follows:
``(e) Identification Requirement With Respect to Qualifying
Children.--
``(1) In general.--Subject to paragraph (2), no credit
shall be allowed under this section to a taxpayer with respect
to any qualifying child unless the taxpayer includes the name
and taxpayer identification number of such qualifying child on
the return of tax for the taxable year.
``(2) Refundable portion.--Subsection (d)(1) shall not
apply to any taxpayer with respect to any qualifying child
unless the taxpayer includes the name and social security
number of such qualifying child on the return of tax for the
taxable year.''.
(2) Omission treated as mathematical or clerical error.--
Subparagraph (I) of section 6213(g)(2) of the Internal Revenue
Code of 1986 is amended to read as follows:
``(I) an omission of a correct TIN under section
24(e)(1) (relating to child tax credit) or a correct
Social Security number required under section 24(e)(2)
(relating to refundable portion of child tax credit),
to be included on a return,''.
(c) Effective Date.--The amendments made by this subsection shall
apply to taxable years beginning after the date of the enactment of
this Act. | Strengthening America's Bridges Act This bill establishes in the Treasury the Strengthening America's Bridges Fund to furnish amounts to the Department of Transportation to make grants to states for the repair or maintenance of any bridges classified as deficient in the National Bridge Inventory. The Internal Revenue Code is amended with respect to the requirement that taxpayers claiming the refundable portion of the child tax credit include on their tax returns the name and taxpayer identification number (e.g., Social Security number) of their qualifying child. Any such credit is disallowed to any taxpayer that fails to include such a name and tax identification number on his or her tax return. Amounts equivalent to the increase in revenues from this child tax credit amendment are appropriated to the Fund for such grants. | {"src": "billsum_train", "title": "Strengthening America's Bridges Act"} | 1,069 | 165 | 0.514974 | 1.472839 | 0.714532 | 2.51773 | 6.907801 | 0.858156 |
TITLE I--ASSAULT WEAPONS
SECTION 101. SHORT TITLE.
This title may be cited as the ``Antidrug Assault Weapons
Limitation Act of 1993''.
SEC. 102. DEFINITIONS.
(a) In General.--Section 921(a) of title 18, United States Code, is
amended by adding at the end the following new paragraphs:
``(29) The term `assault weapon' means any of the firearms known
as--
``(A) Norinco, Mitchell, and Poly Technologies Avtomat
Kalashnikovs (all models);
``(B) Action Arms Israeli Military Industries UZI and
Galil;
``(C) Beretta AR-70 (SC-70);
``(D) Colt AR-15 and CAR-15;
``(E) Fabrique Nationale FN/FAL, FN/LAR, and FNC;
``(F) MAC 10 and MAC 11;
``(G) Steyr AUG;
``(H) INTRATEC TEC-9; and
``(I) Street Sweeper and Striker 12.
``(30) The term `form 4473' means the form prescribed by the
Secretary in section 178.124 of the Code of Regulations as of the date
of enactment of this paragraph, as that form or paragraph may be
amended, or a successor form or regulation, or the equivalent of such a
form.''.
(b) Recommendations of the Secretary.--
Chapter 44 of title 18, United States Code, is amended--
(1) by adding at the end the following new section:
``Sec. 931. Additional assault weapons
``The Secretary, in consultation with the Attorney General, may
recommend to the Congress the addition or deletion of firearms
designated as assault weapons under section 921(29).''; and
(2) in the chapter analysis by adding at the end the
following new item:
``931. Additional assault weapons.''.
SEC. 103. UNLAWFUL ACTS.
Section 922 of title 18, United States Code, is amended by adding
at the end the following new subsections:
``(s)(1) Except as provided in paragraph (2), it shall be unlawful
for a person to transfer, import, transport, ship, receive, or possess
an assault weapon.
``(2) This subsection does not apply with respect to--
``(A) the transfer, importation, transportation, shipping,
and receipt to or by, or possession by or under, authority of
the United States or any department or agency thereof or of any
State or any department, agency, or political subdivision
thereof, of an assault weapon; or
``(B) a lawful transfer, transportation, shipping, receipt,
or possession of an assault weapon that was lawfully possessed
before the effective date of this subsection.
``(t)(1) It shall be unlawful for a person to sell, ship, or
deliver an assault weapon to a person who does not fill out a form 4473
in connection with the purchase of the assault weapon.
``(2) It shall be unlawful for a person to purchase, possess, or
accept delivery of an assault weapon unless the person has filled out a
form 4473 in connection with the purchase of the assault weapon.
``(3) If a person purchases an assault weapon from anyone other
than a licensed dealer, both the purchaser and the seller shall
maintain a record of the sale on the seller's original copy of form
4473.
``(4) An owner of an assault weapon on the effective date of this
subsection who requires retention of form 4473 under this subsection
shall, within 90 days after publication of regulations by the Secretary
under paragraph (5), request a copy of form 4473 from a licensed dealer
in accordance with those regulations.
``(5) The Secretary shall, within 90 days after the date of
enactment of this subsection, prescribe regulations for the request and
delivery of form 4473 under paragraph (4).''.
SEC. 104. PENALTIES.
Section 924 of title 18, United States Code, is amended--
(1) in subsection (c) by inserting ``and if the firearm is
an assault weapon, to imprisonment for 10 years,'' after
``sentenced to imprisonment for five years,''; and
(2) by adding at the end the following new subsection:
``(i) A person who knowingly violates section 922(t) shall be fined
not more than $1,000 (in accordance with section 3571(e)), imprisoned
not more than 6 months, or both.''.
SEC. 105. DISABILITY.
Section 922(g)(1) of title 18, United States Code, is amended by
inserting ``or a violation of section 922(t)'' before the semicolon at
the end.
SEC. 106. STUDY BY THE ATTORNEY GENERAL.
(a) Study.--The Attorney General shall investigate and study the
effect of this Act and the amendments made by this Act and in
particular shall determine their impact, if any, on violent and drug
trafficking crime. The study shall be conducted over a period of 18
months, commencing 12 months after the date of enactment of this Act.
(b) Report.--Not later than 30 months after the date of enactment
of this Act, the Attorney General shall prepare and submit to Congress
a report setting forth in detail the findings and determinations made
in the study under subsection (a).
SEC. 107. EFFECTIVE DATE.
This title and the amendments made by this title--
(1) shall become effective on the date that is 30 days
after the date of enactment of this Act; and
(2) are repealed effective as of the date that is 3 years
after the effective date.
TITLE II--INDISCRIMINATE USE OF WEAPONS TO FURTHER DRUG CONSPIRACIES
SEC. 201. SHORT TITLE.
This title may be cited as the ``Drive-By Shooting Prevention Act
of 1993''.
SEC. 202. DRIVE-BY SHOOTING.
(a) In General.--Chapter 2 of title 18, United States Code, is
amended by adding at the end the following new section:
``Sec. 36. Drive-by shooting
``(a) Offense and Penalties.--
``(1) Whoever, in furtherance or to escape detection of a
major drug offense listed in subsection (b) and, with the
intent to intimidate, harass, injure, or maim, fires a weapon
into a group of two or more persons and who, in the course of
such conduct, causes grave risk to any human life shall be
punished by a term of no more than 25 years, or by fine as
provided under this title, or both.
``(2) Whoever, in furtherance or to escape detection of a
major drug offense listed in subsection (b) and, with the
intent to intimidate, harass, injure, or maim, fires a weapon
into a group of two or more persons and who, in the course of
such conduct, kills any person shall, if the killing--
``(A) is a first degree murder as defined in
section 1111(a) of this title, be punished by death or
imprisonment for any term of years or for life, fined
under this title, or both: or
``(B) is a murder other than a first degree murder
as defined in section 1111(a) of this title, be fined
under this title, imprisoned for any term of years or
for life, or both.
``(b) Major Drug Offense Defined.--A major drug offense within the
meaning of subsection (a) is one of the following:
``(1) a continuing criminal enterprise, punishable under
section 403(c) of the Controlled Substances Act (21 U.S.C.
848(c));
``(2) a conspiracy to distribute controlled substances
punishable under section 406 of the Controlled Substances Act
(21 U.S.C. 846) or punishable under section 1013 of the
Controlled Substances Import and Export Control Act (21 U.S.C.
963); or
``(3) an offense involving major quantities of drugs and
punishable under section 401(b)(1)(A) of the Controlled
Substances Act (21 U.S.C. 841(b)(1)(A)) or section 1010(b)(1)
of the Controlled Substances Import and Export Act (21 U.S.C.
960(b)(1)).''.
(b) Technical Amendment.--The chapter analysis for chapter 2 of
title 18, United States Code, is amended by adding at the end the
following new item:
``36. Drive-by shooting.''.
TITLE III--MISCELLANEOUS FIREARMS OFFENSES
SEC. 301. STEALING AND SMUGGLING OF FIREARMS.
Section 924 of title 18, United States Code, is amended by adding
at the end the following new subsections:
``(i) A person who steals a firearm that is moving as, is a part
of, or has moved in interstate or foreign commerce shall be imprisoned
not less than 2 nor more than 10 years and may be fined under this
title.
``(j) A person who, with the intent to engage in or to promote
conduct that--
``(1) is punishable under the Controlled Substances Act (21
U.S.C. 801 et seq.), the Controlled Substances Import and
Export Act (212 U.S.C. 951 et seq.), or the Maritime Drug Law
Enforcement Act (46 U.S.C. App. 1901 et seq.);
``(2) violates a State law relating to a controlled
substance (as defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802)); or
``(3) constitutes a crime of violence (as defined in
subsection (c)(3));
smuggles or knowingly brings into the United States a firearm, or
attempts to do so, shall be imprisoned not more than 10 years, fined
under this title, or both.''.
SEC. 302. MANDATORY REVOCATION OF SUPERVISED RELEASE FOR POSSESSION OF
A FIREARM.
Section 3583 of title 18, United States Code, is amended by adding
at the end the following new subsection:
``(h) Mandatory Revocation of Supervised Release for Possession of
a Firearm.--If the court has provided, as a condition of supervised
release, that the defendant refrain from possessing a firearm (as
defined in section 921), and if the defendant is in actual possession
of such a firearm at any time prior to the expiration or termination of
a term of supervised release, the court, after a hearing pursuant to
the provisions of the Federal Rules of Criminal Procedure that are
applicable to probation revocation, shall--
``(1) revoke the term of supervised release; and
``(2) subject to subsection (e)(3), require the defendant
to serve in prison all or part of the term of supervised
release without credit for time previously served on
postrelease supervision.''. | TABLE OF CONTENTS:
Title I: Assault Weapons
Title II: Indiscriminate Use of Weapons to Further Drug
Conspiracies
Title III: Miscellaneous Firearms Offenses
Title I: Assault Weapons
- Antidrug Assault Weapons Limitation Act of 1993 - Amends the Federal criminal code to prohibit the: (1) transfer, importation, transportation, shipment, receipt, or possession of an assault weapon, with exceptions; (2) sale, shipment, or delivery of an assault weapon to a person who does not fill out a form 4473 (prescribed by the Secretary of the Treasury) in connection with the purchase; and (3) purchase, possession, or acceptance of delivery of an assault weapon by a person who has not filled out such form.
Sets penalties for: (1) the use of an assault weapon during and in relation to any crime of violence or drug trafficking crime; and (2) knowingly violating requirements regarding the filling out of form 4473. Prohibits persons convicted of the latter offense from shipping or transporting firearms or ammunition in interstate or foreign commerce.
Directs the Attorney General to investigate the effect of this Act and determine its impact on violent and drug trafficking crime.
Title II: Indiscriminate Use of Weapons to Further Drug Conspiracies
- Drive-By Shooting Prevention Act of 1993 - Sets penalties for causing grave risk to human life or the death of any person by firing a weapon into a group of two or more persons with intent to intimidate, harass, injure, or maim and in furtherance of, or to escape detection of, a major drug offense.
Title III: Miscellaneous Firearms Offenses
- Sets penalties for: (1) stealing a firearm that is moving in, or that has moved in, interstate or foreign commerce; and (2) smuggling or knowingly bringing a firearm, into the United States, or attempting to do so, with intent to engage in or promote conduct that is punishable under specified controlled substances Acts, violates a State law relating to a controlled substance, or constitutes a crime of violence.
Provides for mandatory revocation of supervised release for possession of a firearm. | {"src": "billsum_train", "title": "A bill to make unlawful the possession of certain assault weapons, to establish a Federal penalty for drive-by shootings, and for other purposes."} | 2,568 | 497 | 0.503938 | 1.623009 | 0.539224 | 3.272512 | 5.293839 | 0.907583 |
SECTION 1. NATIONAL GUARD OPERATION ABOUT FACE TO PROVIDE LIFE-SKILLS
FOR AT RISK YOUTH.
(a) Chapter 5 of title 32, United States Code, is amended by adding
at the end the following new section:
``Sec. 510. National Guard operation about face to provide life-skills
for at-risk youth
``(a) Program Authority and Purpose.--The Secretary of Defense,
through the Chief, National Guard Bureau, may use the National Guard to
conduct an at-risk youth life skills program to be known as `National
Guard Operation About Face', which shall be a community based outreach
program for at-risk youth, which shall include after-school and summer
classes to provide academic skills, computer literacy, employability
skills, life-coping skills, and communication skills supplemented with
work experience activities to create vibrant communities that foster
economic opportunity and encourage life-long learning.
``(b) Conduct of the Program.--(1) The Secretary of Defense shall
provide for the conduct of the National Guard Operation About Face in
such States as the Secretary considers to be appropriate.
``(2) The Secretary shall carry out the National Guard Operation
About Face using--
``(A) funds appropriated directly to the Secretary of
Defense for the program; and
``(B) nondefense funds made available or transferred to the
Secretary of Defense by other Federal agencies to support the
program.
``(3) For purposes of a transfer under paragraph (2)(B),
administration of the National Guard Operation About Face is a good or
service for which an agency agreement may be entered into under section
1535 of title 31, United States Code.
``(c) Program Agreements.--(1) To carry out the National Guard
Operation About Face in a State, the Secretary of Defense shall enter
into an agreement with the Governor of the State, or in the case of the
District of Columbia National Guard, with the commanding general of the
District of Columbia National, under which the Governor or the
commanding general will establish, organize, and administer the
National Guard Operation About Face in the State.
``(2) The agreement may provide for the Secretary to provide funds
to the State for civilian personnel costs attributable to the use of
civilian employees of the National Guard in the conduct of the National
Guard Operation About Face.
``(d) Persons Eligible To Participate in Program.--Any at risk
youth may participate in the National Guard Operation About Face. The
Secretary of Defense shall prescribe the standards and procedures for
selecting participants from among at risk youth.
``(e) Authorized Benefits for Participants.--To the extent provided
in an agreement entered into in accordance with subsection (c):
``(1) Any funds made available or transferred to the
Secretary of Defense by other Federal agencies under section
(b)(2)(B) of this section may be used to provide a stipend to
participants for the work experience portion of the National
Guard Operation About Face:
``(A) For the original purpose for which the funds
were appropriated and in accordance with the
regulations of the Federal agency from which the funds
were made available or transferred.
``(B) For the purpose for which defense funds are
appropriated and in accordance with the regulations
prescribed by the Secretary of Defense for the National
Guard Operation About Face.
``(C) In the case of a conflict between the
regulations described in paragraph (A) and (B), the
regulations of the Federal agency from which the funds
were made available or transferred shall apply.
``(2) A participant in the national Guard Operation About
Face may receive the following additional benefits in
connection with the program:
``(A) Light refreshments.
``(B) Transportation.
``(C) Supplies.
``(D) Services.
``(f) Program Personnel.--Personnel of the National Guard of a
State in which the National Guard Operation About Face is conducted may
serve on full-time National Guard duty for the purpose of providing
managerial, administrative, training, or supporting services for the
program.
``(g) Equipment and Facilities.--Equipment and facilities of the
National Guard, including military property of the United States issued
to the National Guard, may be used in carrying out the National Guard
Operation About Face.
``(h) Supplemental Resources.--To carry out the National Guard
Operation About Face in a State, the Governor of the State or, in the
case of the District of Columbia, the commanding general of the
District of Columbia National Guard, may supplement funds made
available under the program out of other resources (including gifts)
available to the Governor or the commanding general. The Governor or
the commanding Federal may accept, use, and dispose of gifts or
donations of money, other property or services for the National Guard
Operation About Face.
``(i) Definitions.--In this section:
``(1) The term `State' includes the Commonwealth of Puerto
Rico, the territories, and the District of Columbia.
``(2) The term `at-risk youth' has the same meaning given
that term in section 1432 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6472.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``510. National Guard operation about face to provide life-skills for
at-risk youth.''. | Authorizes the Secretary of Defense, through the Chief, National Guard Bureau, to use the National Guard to conduct an at-risk youth life skills program to be known as "National Guard Operation About Face." Requires such program to: (1) be a community-based outreach program for at-risk youth; and (2) include after-school and summer classes to provide academic skills, computer literacy, employability skills, life-coping skills, and communication skills supplemented with work experience activities. Requires agreements with State governors and the commanding general of the District of Columbia National Guard to carry out the program. Directs the Secretary to prescribe standards and procedures for selecting program participants from at risk youth. Authorizes the use of State National Guard personnel, equipment, and facilities, as well as State supplemental resources, in support of such program. | {"src": "billsum_train", "title": "To amend title 32, United States Code, to establish a National Guard program to assist at-risk youth develop life skills."} | 1,180 | 179 | 0.688911 | 1.991262 | 0.748904 | 5.085366 | 6.993902 | 0.939024 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Maritime and Energy Workforce
Technical Training Enhancement Act''.
SEC. 2. MARITIME AND ENERGY WORKFORCE TECHNICAL TRAINING ENHANCEMENT.
(a) Grants Required.--
(1) In general.--The Secretary of Energy (in this Act
referred to as the ``Secretary'') shall award grants to enable
eligible community colleges and other public institutions of
higher education to expand upon existing programs in maritime
and energy workforce technical training, including by admitting
more students, training faculty, expanding facilities, creating
new maritime career pathways from associate degree to
baccalaureate degree programs and awarding credit for prior
learning experience, or increasing cooperation with the
Department of Energy, the Department of Defense, the Department
of Homeland Security, the Department of Transportation, the
Department of Veterans Affairs, or the National Science
Foundation. In developing the grant program, the Secretary may
award a grant to a nonprofit organization with a track record
of at least 10 years of expertise in working with community
colleges on developing workforce development programs, to
provide assistance to the Secretary in carrying out the
requirements of this Act.
(2) Priority.--The Secretary shall give priority in the
award of grants under this section to eligible institutions
that have entered into a partnership with the Department of
Energy, the Department of Defense, the Department of Homeland
Security, the Department of Transportation, or the Department
of Veterans Affairs.
(3) Grant amounts.--Grants awarded under this section shall
be in amounts of not less than $1,000,000 and not more than
$1,500,000.
(b) Requests for Proposals.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, and annually thereafter for 2 years, the
Secretary shall issue a request for proposals from eligible
institutions for grants under this section.
(2) Proposals.--An eligible institution that seeks the
award of a grant under this section shall submit an application
therefor to the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may require,
including--
(A) demonstration of a willingness and ability to
participate in a partnership described in subsection
(a)(2), if any; and
(B) a commitment, and demonstration of an ability,
to maintain maritime and energy workforce technical
training programs after the end of the grant period.
(c) Grant Uses.--
(1) In general.--An eligible institution awarded a grant
under this section shall use grant amounts to carry out any of
the following:
(A) Training related to maritime or energy
transportation, logistics, and supply chain management.
(B) Training related to shipbuilding and ship
repair.
(C) Enhancement of academic and workforce training
programs, to include certifications and
apprenticeships, providing training for maritime and
energy employment.
(D) Salary supplementation for faculty in maritime
or energy training and education.
(E) Operation and maintenance of maritime or energy
related equipment and technology for use in
instructional programs.
(F) Acquisition of marine vessels, safety
equipment, ship simulators, electronic navigation
devices, fire suppression equipment, physical and
chemical measuring instruments, sampling devices, and
other assets and equipment for use in maritime or
energy related training and education.
(G) Renovation or construction of buildings to
house maritime or energy training and education
programs.
(H) Tuition reimbursement for successful completion
of a maritime or energy course, program, or
certification.
(2) Limitation on construction.--An eligible institution
awarded a grant under this section may use not more than 50
percent of the grant amount to carry out paragraph (1)(G).
(3) Admissions preference.--An eligible institution awarded
a grant under this section shall give preference in admission
to maritime or energy training and education programs to
veterans, to the extent practicable.
(4) Period of use of funds.--An eligible institution
awarded a grant under this section may use the grant funds for
a period of three years after the award of the grant.
(d) Definitions.--In this section:
(1) The term ``eligible institution'' means a community
college or other public postsecondary educational institution
located in close proximity to marine or port facilities in the
Gulf of Mexico, Atlantic Ocean, Pacific Ocean, or Great Lakes
offering a maritime training and education program, and which
has an established association with--
(A) a port authority or other established seaport
or inland port facility; and
(B) the Department of Energy, the Department of
Defense, the Department of Homeland Security, the
Department of Transportation, the Department of
Veterans Affairs, or other appropriate government
agencies.
(2) The term ``veteran'' has the meaning given that term in
section 101 of title 38, United States Code.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for each of fiscal years 2016, 2017, and
2018, $12,000,000 to carry out this section.
SEC. 3. CENTERS OF EXCELLENCE IN MARITIME AND ENERGY WORKFORCE
TECHNICAL TRAINING.
(a) Grants for Establishment of Centers.--
(1) In general.--The Secretary, in consultation with the
Secretary of Transportation and the Secretary of Labor, shall
award a grant to no more than 10 eligible institutions to
enable the eligible institutions to--
(A) establish Centers of Excellence in Maritime and
Energy Workforce Technical Training (in this section
referred to as the ``Centers''); and
(B) enable eligible institutions to improve and
expand maritime and energy workforce training
opportunities for veterans, members of the Armed
Forces, Federal employees, and civilians by
implementing new programs in such training areas as--
(i) port related transportation systems,
maritime and energy logistics and supply chain
management, small vessel repair, maintenance of
navigation and deck cargo systems, maintenance
of sophisticated training equipment, port
related transportation, logistics, and supply
chain management, shipbuilding and ship repair,
operation and maintenance of equipment and
technology for use in maritime and energy
employment training; and
(ii) job placement in maritime and energy
related employment fields.
(2) Priority.--The Secretary shall give priority in the
award of grants under this section to eligible institutions
that have in force, or demonstrate the willingness and ability
to enter into, memoranda of understanding with the Department
of Energy, the Department of Defense, the Department of
Homeland Security, the Department of Transportation, the
Department of Veterans Affairs, or other appropriate government
agencies, or a cooperative agreement with an appropriate
private sector entity, which memorandum of understanding or
cooperative agreement provides for either, or both, of the
following:
(A) The provision of resources, whether in cash or
in kind, to the Center.
(B) Assistance for the Center in building maritime
or energy training capacity, or in training Federal
employees in maritime fields.
(3) Grant amount.--Grants awarded under this section shall
be in amounts of not more than $1,500,000 per Center.
(b) Requests for Proposals.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall issue a request for
proposals from eligible institutions for a grant under this
section.
(2) Proposals.--An eligible institution that seeks the
award of the grant under this section shall submit an
application therefor to the Secretary at such time, in such
manner, and accompanied by such information as the Secretary
may require.
(c) Grant Uses.--
(1) In general.--An eligible institution awarded a grant
under this section shall use the grant amount for purposes as
follows:
(A) To develop an agenda for maritime and energy
training and education.
(B) To fund expansion of maritime and energy
training and education.
(C) To publish or otherwise disseminate findings
relating to best practices in maritime and energy
training and education.
(2) Period of use of funds.--Eligible institutions awarded
grants under this section may use the grant amount for a period
of five years after the award of the grant.
(d) Definitions.--In this section:
(1) The term ``eligible institution'' means a community
college or other public educational institution located in
close proximity to port or other marine facilities on the Gulf
of Mexico, Atlantic Ocean, Pacific Ocean, or Great Lakes that--
(A) operates an existing maritime or energy
workforce training program;
(B) offers accredited programs in academic areas
such as port related transportation, logistics, and
supply chain management and shipbuilding and ship
repair, among other areas relevant to maritime or
energy related workforce training;
(C) is well recognized in the field of maritime
workforce training; and
(D) has an established association with--
(i) a port authority; and
(ii) the Department of Energy, the
Department of Defense, the Department of
Homeland Security, the Department of
Transportation, the Department of Veterans
Affairs, or other appropriate government
agencies.
(2) The term ``veteran'' has the meaning given that term in
section 101 of title 38, United States Code.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for each of fiscal years 2016, 2017, and
2018, $12,000,000 to carry out this section. | Maritime and Energy Workforce Technical Training Enhancement Act This bill directs the Department of Energy (DOE) to award grants to enable eligible community colleges and other public institutions of higher education to expand upon existing programs in maritime and energy workforce technical training, including by admitting more students, training faculty, expanding facilities, creating new maritime career pathways from associate degree to baccalaureate degree programs, and awarding credit for prior learning experience, or increasing cooperation with specified federal departments or the National Science Foundation. DOE shall give priority to institutions that have entered into a partnership with one of such departments. DOE may also award a grant to a nonprofit organization with a track record of at least 10 years of expertise in working with community colleges on developing workforce development programs, to provide assistance in carrying out this Act. Recipients shall use grant amounts for: training related to maritime or energy transportation, logistics, and supply chain management or to shipbuilding and ship repair; enhancement of academic and workforce training programs for maritime and energy employment; salary supplementation for faculty in maritime or energy training and education; operation and maintenance of maritime or energy related equipment and technology for use in instructional programs; acquisition of marine vessels and other assets and equipment for use in maritime or energy related training and education; renovation or construction of buildings to house maritime or energy training and education programs; and tuition reimbursement for successful completion of a maritime or energy course, program, or certification. The bill defines an "eligible institution" as a community college or other public postsecondary educational institution located in close proximity to marine or port facilities in the Gulf of Mexico, Atlantic Ocean, Pacific Ocean, or Great Lakes that offers a maritime training and education program and that has an established association with a port authority and appropriate government agencies. DOE shall award a grant to to enable up to 10 eligible institutions to: (1) establish Centers of Excellence in Maritime and Energy Workforce Technical Training; and (2) improve and expand maritime and energy workforce training opportunities for veterans, members of the Armed Forces, federal employees, and civilians by implementing new programs in specified training areas, including port related transportation systems and job placement in maritime and energy related employment fields. | {"src": "billsum_train", "title": "Maritime and Energy Workforce Technical Training Enhancement Act"} | 1,985 | 461 | 0.738669 | 2.237509 | 0.908388 | 5.783529 | 4.524706 | 0.945882 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Security Clearance Accountability,
Reform, and Enhancement Act of 2015''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--SECURITY CLEARANCE ACCOUNTABILITY, REFORM, AND ENHANCEMENT
Sec. 101. Definitions.
Sec. 102. Accountability of individuals involved in misconduct
affecting the integrity of agency
background investigations.
Sec. 103. Review and update of position designation guidance.
TITLE II--PREVENTING CONFLICTS OF INTEREST WITH CONTRACTORS
Sec. 201. Definitions.
Sec. 202. Limitation on contracting to prevent organizational conflicts
of interest.
TITLE I--SECURITY CLEARANCE ACCOUNTABILITY, REFORM, AND ENHANCEMENT
SEC. 101. DEFINITIONS.
In this title--
(1) the term ``agency'' has the meaning given the term in
Executive Order 13467 (73 Fed. Reg. 38103), or any successor
thereto;
(2) the term ``appropriate agency'' means--
(A) in the case of a prime contractor for a covered
contract, the agency with which the prime contractor
entered the covered contract; or
(B) in the case of a subcontractor for a covered
contract, any agency on whose behalf the subcontractor
is performing work under the covered contract;
(3) the term ``appropriate congressional committees''
means--
(A) the Committee on Homeland Security and
Governmental Affairs and the Select Committee on
Intelligence of the Senate; and
(B) the Committee on Oversight and Government
Reform and the Permanent Select Committee on
Intelligence of the House of Representatives;
(4) the term ``background investigation'' means any
investigation required for the purpose of determining the--
(A) eligibility of a covered individual for logical
and physical access to federally controlled facilities
or information systems;
(B) suitability or fitness of a covered individual
for Federal employment;
(C) eligibility of a covered individual for access
to classified information or to hold a national
security sensitive position; or
(D) fitness of a covered individual to perform work
for or on behalf of the United States Government as a
contractor employee;
(5) the term ``covered contract'' means a contract to
conduct background investigations--
(A) between an agency and a prime contractor;
(B) between a prime contractor and a subcontractor,
if the prime contractor has a contract with an agency;
or
(C) between subcontractors, if one of the
subcontractors has a contract with a prime contractor
that has a contract with an agency;
(6) the term ``covered individual'' means an individual
who--
(A) performs work for or on behalf of an agency; or
(B) seeks to perform work for or on behalf of an
agency;
(7) the term ``covered misconduct'' means misconduct
affecting the integrity of a background investigation conducted
by or for an agency with investigative authority to conduct
background investigations, including--
(A) falsification of any information relating to a
background investigation; or
(B) other serious misconduct that compromises the
integrity of a background investigation;
(8) the term ``prime contractor'' means an individual who
enters into a contract with an agency; and
(9) the term ``subcontractor'' means an individual who has
contracted with a prime contractor or with another
subcontractor to perform a contract on behalf of an agency.
SEC. 102. ACCOUNTABILITY OF INDIVIDUALS INVOLVED IN MISCONDUCT
AFFECTING THE INTEGRITY OF AGENCY BACKGROUND
INVESTIGATIONS.
(a) Misconduct by Federal Employees.--
(1) Unfit for federal employment.--If an agency determines
that an employee of the agency has engaged in covered
misconduct, the employee shall be found unfit for Federal
employment.
(2) Fitness determinations.--An agency shall make a
determination under paragraph (1) in accordance with any
statutory, regulatory, or internal agency procedures applicable
to investigating alleged misconduct by employees of the agency.
(3) Prohibition on reemployment to conduct background
investigations.--If an agency determines under paragraph (1)
that an individual is unfit for Federal employment, the
individual shall not be appointed to or continue to occupy a
position, as an employee of any agency, that requires its
occupant to perform background investigations.
(b) Misconduct by Employees Under Contract.--
(1) Ineligibility for performance of work under a covered
contract.--If an appropriate agency, prime contractor, or
subcontractor determines that an individual performing work
under a covered contract has engaged in covered misconduct, the
individual shall be ineligible to perform background
investigations under a covered contract.
(2) Mandatory disclosure.--A covered contract shall include
a provision requiring a prime contractor or subcontractor to
disclose to each appropriate agency any allegation of covered
misconduct by an employee of the prime contractor or
subcontractor not later than 24 hours after the prime
contractor or subcontractor discovers the alleged covered
misconduct.
(3) Investigation of covered misconduct.--
(A) Contractor investigation.--A covered contract
shall include a provision requiring that, not later
than 5 business days after the date on which a prime
contractor or subcontractor discloses an allegation
under paragraph (2), the prime contractor or
subcontractor shall refer the allegation of covered
misconduct to the agency for investigation.
(B) Agency investigation.--Nothing in subparagraph
(A) shall be construed to prohibit an appropriate
agency from conducting its own investigation into an
allegation of covered misconduct.
(4) Prohibition on reemployment to conduct background
investigations.--If an appropriate agency determines, based on
an investigation conducted under paragraph (3), that an
individual is ineligible to perform work under a covered
contract under paragraph (1), the individual shall be
prohibited from performing background investigations under any
covered contract.
(5) Modification of existing contracts.--Not later than 30
days after the date of enactment of this Act, any covered
contract that is in effect and was entered into before the date
of enactment of this Act shall be modified to include the
provisions required under paragraphs (2) and (3).
(c) Reporting.--Not later than 1 year after the date of enactment
of this Act, and annually thereafter, the President shall submit to the
appropriate congressional committees a report providing--
(1) the number of individuals determined to be--
(A) unfit for Federal employment under subsection
(a); or
(B) ineligible to perform work under a covered
contract under subsection (b); and
(2) details of the covered misconduct that resulted in each
determination described in paragraph (1).
SEC. 103. REVIEW AND UPDATE OF POSITION DESIGNATION GUIDANCE.
(a) Guidelines.--
(1) Initial review and update of guidance.--Not later than
180 days after the date of enactment of this Act, the President
shall review and, if appropriate, update the guidance the
President issues to assist agencies in determining--
(A) position sensitivity designation; and
(B) the appropriate background investigation to
initiate for each position designation.
(2) Reviews and revisions of position designations.--Not
less frequently than every 5 years, the President, acting
through relevant agencies (as determined by the President) and
in accordance with the guidance described in paragraph (1),
shall review and, if necessary, revise the position designation
of positions within agencies.
(b) Reports to Congress.--Not later than 30 days after completing a
review under subsection (a)(2), the President shall submit to the
appropriate congressional committees a report on--
(1) any issues identified in the review; and
(2) the number of position designations revised as a result
of the review.
(c) No Change in Authority.--Nothing in this section limits or
expands the authority of any agency to designate a position as
sensitive or as requiring its occupant to have access to classified
information.
TITLE II--PREVENTING CONFLICTS OF INTEREST WITH CONTRACTORS
SEC. 201. DEFINITIONS.
In this title--
(1) the term ``agency'' means--
(A) an Executive agency (as defined in section 105
of title 5, United States Code);
(B) a military department (as defined in section
102 of title 5, United States Code);
(C) an element of the intelligence community (as
that term is defined in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003));
(D) the United States Postal Service; and
(E) the Postal Regulatory Commission;
(2) the term ``background investigation fieldwork
services'' means the investigatory fieldwork conducted to
determine the eligibility of an individual for logical and
physical access to federally controlled facilities or
information systems, suitability or fitness for Federal
employment, eligibility for access to classified information or
to hold a national security sensitive position, or fitness to
perform work for or on behalf of the Federal Government as a
contractor or employee, including--
(A) interviews of the individual, the employer of
the individual, former employers of the individual, and
friends, family, and other sources who might have
relevant knowledge of the individual; and
(B) reviews of--
(i) educational and employment records;
(ii) criminal and other legal records; and
(iii) credit history;
(3) the term ``background investigation support services''
means the clerical, administrative, and technical support
services provided to various functions critical to the
background investigation process, including--
(A) initial processing and scheduling of
investigative requests;
(B) information technology and information
technology support;
(C) file maintenance;
(D) imaging or copying of investigation documents;
and
(E) mail processing; and
(4) the term ``quality review process'' means performing
the final quality review of a background investigation to
ensure investigative, administrative, and other required
standards have been met before the completed background
investigation is delivered to the adjudicating agency.
SEC. 202. LIMITATION ON CONTRACTING TO PREVENT ORGANIZATIONAL CONFLICTS
OF INTEREST.
Notwithstanding any other provision of law, after the date of
enactment of this Act, a contract may not be entered into, and an
extension of or option on a contract may not be exercised, with a
contractor to conduct a quality review process relating to background
investigation fieldwork services or background investigation support
services if the contractor is performing the services to be reviewed.
Passed the Senate November 17, 2016.
Attest:
JULIE E. ADAMS,
Secretary. | . The expanded summary of the Senate reported version is repeated here.) Security Clearance Accountability, Reform, and Enhancement Act of 2015 TITLE I--SECURITY CLEARANCE ACCOUNTABILITY, REFORM, AND ENHANCEMENT (Sec. 102) This bill: (1) deems a federal agency employee to be unfit for federal employment if the agency determines that the employee has engaged in misconduct affecting the integrity of a background investigation, including falsification of any information relating to such an investigation (covered misconduct); (2) prohibits an individual who has engaged in covered misconduct from being appointed to or continuing to occupy a position that requires the performance of background investigations; (3) extends such sanctions to employees performing background investigations under a contract between an agency and a prime contractor and subcontractors (covered contract); and (4) requires a covered contract to include provisions requiring mandatory disclosure of covered misconduct within 24 hours after the contractor discovers such misconduct and referral to the agency for investigation. The President must report annually to Congress on: (1) the number of individuals determined to be unfit for federal employment due to covered misconduct or ineligible to perform work under a covered contract, and (2) the details of such misconduct. (Sec. 103) The President must: (1) review and update guidance to assist agencies in determining position sensitivity designation and the appropriate background investigation to initiate for each position designation; (2) review, not less frequently than every five years, and revise the position designation of positions within federal agencies; and (3) report on any issues identified and the number of position designations revised as a result of the review. TITLE II--PREVENTING CONFLICTS OF INTEREST WITH CONTRACTORS (Sec. 202) The bill provides that a contract may not be entered into, and an extension of or option on a contract may not be exercised, with a contractor to conduct a quality review process relating to background investigation fieldwork or support services if the contractor is performing the services to be reviewed. The bill defines: "background investigation fieldwork services" as the investigatory fieldwork conducted to determine the eligibility of an individual for logical and physical access to federally-controlled facilities or information systems, suitability or fitness for federal employment, eligibility for access to classified information or to hold a national security sensitive position, or fitness to perform work for or on behalf of the federal government as a contractor or employee, including interviews with individuals who might have relevant knowledge of the individual and reviews of educational and employment records, criminal and other legal records, and credit history; and "quality review process" as performing the final quality review of a background investigation to ensure that investigative, administrative, and other required standards have been met before the completed background investigation is delivered to the adjudicating agency (i.e., the agency that requested the background check and that has final decision-making authority). | {"src": "billsum_train", "title": "Security Clearance Accountability, Reform, and Enhancement Act of 2015"} | 2,403 | 628 | 0.698395 | 2.290192 | 0.842409 | 4.767986 | 3.915468 | 0.915468 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Violent Crime Control and Regional
Prison Partnership Act of 1993''.
SEC. 2. FEDERAL-STATE PARTNERSHIPS FOR REGIONAL PRISONS.
(a) Plan Created by Attorney General.--The Attorney General shall--
(1) establish a Regional Prison Task Force comprised of--
(A) the Director of the Federal Bureau of Prisons;
and
(B) a senior correctional officer of each State
wishing to participate, who is designated for this
purpose by the Governor of the State; and
(2) create a plan, in consultation with the Regional Prison
Task Force for the establishment of a nationwide regional
prison system, and report that plan to the Committees on the
Judiciary and Appropriations of the House of Representatives
and the Senate not later than 180 days after the date of the
enactment of this Act.
(b) Scope of Plan.--The plan shall--
(1) define the boundaries and number of regions in which
regional prisons will be placed;
(2) establish the terms of the partnership agreements that
States must enter into with the Attorney General in order to
participate in the regional prison system;
(3) set forth the extent of the role of the Federal Bureau
of Prisons in administering the prisons;
(4) determine the way 2 or more States in a region will
share responsibility for the activities associated with the
regional prisons; and
(5) specify both the Federal responsibility and the State
responsibility (which shall not be less than 50 percent) for
construction costs and operating costs of the regional prisons.
(c) State Eligibility.--No State may send any prisoner to be held
at a regional prison established under this section unless such State,
as determined by the Attorney General--
(1) enters into a partnership agreement under this section
and abides substantially by its terms;
(2) establishes minimum mandatory sentences of 10 years for
persons who are convicted of a serious felony and are
subsequently convicted of a crime of violence involving the use
of a firearm or a crime of violence involving a sexual assault;
(3) establishes a truth in sentencing policy under which
offenders will serve no less than 85 percent of the term of
imprisonment to which they are sentenced--
(A) after the date the State enters into the
partnership agreement, with respect to crimes of
violence involving the use of a firearm or a crime of
violence involving a sexual assault; and
(B) after a date set by the State which is not
later than 2 years after that State enters into such
agreement, with respect to all other crimes of violence
and serious drug trafficking offenses;
(4) provides pretrial detention similar to that provided in
the Federal system under section 3142 of title 18, United
States Code;
(5) takes steps to eliminate court imposed limitations on
its prison capacity resulting from consent decrees or statutory
provisions; and
(6) provides adequate assurances that--
(A) such State will not use the regional prison
system to supplant any part of its own system; and
(B) funds provided by the State for the
construction of regional prisons under this section
will be in addition to what would otherwise have been
made available for the construction and operation of
prisons by the State.
(d) Prisoner Eligibility.--A State which is eligible under this
section may send prisoners convicted of State crimes to serve their
prison sentence in the regional prison established under this section
if--
(1) the prisoner has been convicted of not less than 2
crimes of violence or serious drug trafficking offenses and
then commits a crime of violence involving the use of a firearm
or a crime of violence involving a sexual assault; or
(2) the prisoner is an illegal alien convicted of a felony
offense punishable by more than 1 year's imprisonment.
(e) Definitions.--As used in this section--
(1) the term ``crime of violence'' is a felony offense that
is--
(A) punishable by imprisonment for a term exceeding
one year; and
(B) a crime of violence as defined in section 16 of
title 18, United States Code;
(2) the term ``serious drug trafficking offense'' is a
felony offense that is--
(A) punishable by imprisonment for a term exceeding
one year; and
(B) defined in section 924(e)(2)(A) of title 18,
United States Code;
(3) the term ``serious felony'' means a felony punishable
by imprisonment for a term exceeding 1 year, or any act of
juvenile delinquency involving the use or carrying of a
firearm, knife, or destructive device that would be punishable
by imprisonment for such term if committed by an adult, that--
(A) has as an element the use, attempted use, or
threatened use of physical force against the person of
another;
(B) is burglary, arson, or extortion, involves use
of explosives, or otherwise involves conduct that
presents a serious potential risk of physical injury to
another; or
(C) involves conduct in violation of section 401 of
the Controlled Substances Act that consists of illegal
distribution of a controlled substance;
(4) the term ``crime of violence involving a sexual
assault'' is a crime of violence that is an offense as defined
in chapter 109A of title 18, United States Code; and
(5) the term ``State'' includes the District of Columbia,
Puerto Rico, and any other territory or possession of the
United States.
(f) Regional Prison Fund.--There is established in the Treasury the
Regional Prison Fund. The Regional Prison Fund shall consist of--
(1) sums appropriated to it by Act of Congress;
(2) notwithstanding section 1401 of the Victims of Crime
Act of 1984 (42 U.S.C. 10601) or any other provision of law,
the total of criminal fines deposited in the Crime Victims Fund
during each fiscal year (beginning after the date of the
enactment of this Act) that exceeds $150,000,000;
(3) notwithstanding any other provision of law, any portion
of the Department of Justice Asset Forfeiture Fund that the
Attorney General determines is remaining after distributions
of--
(A) funds to be shared with State and local law
enforcement;
(B) funds to pay warehouse and appraisal fees and
innocent lien holders; and
(C) funds for Federal law enforcement.
(g) Transfers.--The Secretary of the Treasury shall from time to
time make appropriate transfers between funds to implement subsection
(f).
(h) Use of Regional Prison Fund.--The Attorney General may use any
sums in the Regional Prison Fund to carry out this section.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to the Regional Prison Fund--
(1) $1,000,000,000 for each of fiscal years 1994 through
1996; and
(2) such sums as may be necessary thereafter through fiscal
year 2004. | Violent Crime Control and Regional Prison Partnership Act of 1993 - Directs the Attorney General to: (1) establish a Regional Prison Task Force comprised of the Director of the Federal Bureau of Prisons and a senior correctional officer of each State wishing to participate, designated by the Governor of the State; and (2) create a plan, in consultation with the Task Force, for the establishment of a nationwide regional prison system.
Requires the plan to: (1) define the boundaries and number of regions in which regional prisons will be placed; (2) establish the terms of the partnership agreements that States must enter into with the Attorney General in order to participate in the regional prison system; (3) set forth the role of the Federal Bureau of Prisoners in administering the prisons; (4) determine the way two or more States in a region will share responsibility for the activities associated with such prisons; and (5) specify both the Federal responsibility and the State responsibility (which shall not be less than 50 percent) for construction and operating costs of such prisons.
Prohibits a State from sending prisoners to be held at a regional prison unless such State: (1) enters into a partnership under this Act and abides substantially by its terms; (2) establishes minimum mandatory sentences of ten years for persons who are convicted of a serious felony and are subsequently convicted of a crime of violence involving the use of a firearm or a crime of violence involving a sexual assault; (3) establishes a truth in sentencing policy under which offenders will serve no less than 85 percent of the term of imprisonment to which they are sentenced after specified dates; (4) provides pretrial detention similar to that provided in the Federal system; (5) takes steps to eliminate court-imposed limitations on its prison capacity resulting from consent decrees or statutory provisions; and (6) provides specified assurances.
Sets forth provisions regarding prisoner eligibility.
Establishes in the U.S. Treasury a Regional Prison Fund.
Authorizes appropriations. | {"src": "billsum_train", "title": "Violent Crime Control and Regional Prison Partnership Act of 1993"} | 1,528 | 435 | 0.837344 | 2.81177 | 0.944054 | 6.961735 | 3.630102 | 0.946429 |
SECTION 1. REFERENCES TO SOCIAL SECURITY ACT.
Except as otherwise specifically provided, whenever in this Act an
amendment is expressed in terms of an amendment to or repeal of a
section or other provision, the reference shall be considered to be
made to that section or other provision of the Social Security Act.
SEC. 2. EXTRA-BILLING.
(a) Application of Extra-Billing Limits.--Paragraph (1) of section
1848(g) (42 U.S.C. 1395w-4(g)) is amended to read as follows:
``(1) Limitation on actual charges.--
``(A) No billing in excess of limiting charges.--A
nonparticipating physician who does not accept payment
on an assignment-related basis for physicians' services
furnished with respect to an individual enrolled under
this part may not bill or collect an actual charge in
excess of the limiting charge described in paragraph
(2) for such services.
``(B) No liability for excess charges.--No person
is liable for payment of any amounts billed in excess
of the amount permitted under subparagraph (A).
``(C) Refund of excess charges.--If a physician
bills or collects an amount that exceeds by at least
one dollar the applicable limiting charge for a service
furnished to an individual enrolled under this part,
the physician shall on a timely basis--
``(i) refund the full amount collected in
excess of the limiting charge,
``(ii) if there is an outstanding balance
owed to the physician for other items and
services and furnished to the individual,
reduce this balance by the amount of the excess
charge and refund any amount in excess of the
outstanding balance, or
``(iii) if the physician has not yet
collected such excess charges, reduce the
actual charge billed for the service to the
amount permitted under subparagraph (A).
``(D) Timeliness of refund.--
``(i) In general.--A refund (or reduction)
under subparagraph (C) is considered to be made
on a timely basis if the full refund (or notice
to the individual of reduced outstanding
balance or reduced charge, as applicable) is
made within 30 days after a carrier notifies
the physician that the limiting charge has been
exceeded.
``(ii) Response to carrier's
determination.--In the case of a physician who,
within 30 days after the carrier notifies the
physician that the limiting charge has been
exceeded, submits to the carrier documentation
supporting application of a different limiting
charge to the service furnished, a refund (or
reduction) under subparagraph (C) is considered
to be made on a timely basis if the full refund
(or notice to the individual of reduced
outstanding balance or reduced charge, as
applicable) is made within 15 days after the
carrier notifies the physician following review
of such documentation that the limiting charge
has been exceeded.
``(E) Sanctions.--If a physician--
``(i) knowingly and willfully bills for
services in violation of subparagraph (A),
``(ii) collects for services in violation
of subparagraph (A) on a repeated basis, or
``(iii) fails to comply with subparagraph
(C),
the Secretary may apply sanctions against the physician
in accordance with section 1842(j)(2) and apply
paragraph (4) of section 1842(j) in the same manner as
such paragraph applies to such section.''.
(b) Determinations by Carriers Regarding Applicable Limiting
Charges for Physician Services.--Section 1842(b)(3) (42 U.S.C.
1395u(b)(3)) is amended--
(1) by striking ``and'' at the end of subparagraph (G);
(2) by striking ``and'' at the end of subparagraph (H); and
(3) by inserting after subparagraph (H), the following new
subparagraph:
``(I) will, for claims that are not paid on an assignment-
related basis--
``(i) determine, prior to making payment, whether
the amount billed for physicians' services furnished
with respect to an individual enrolled under this part
exceeds the limiting charge applicable under section
1848(g)(2);
``(ii) notify the physician, supplier, or other
person within 30 days of any determination that the
amount billed exceeds by at least one dollar the
limiting charge applicable under section 1848(g)(2) and
provide an opportunity for the physician supplier or
other person to respond;
``(iii) notify the physician, supplier, or other
person, within 30 days of the receipt of a response, of
the carrier's determination with respect to such
response regarding whether the limiting charge
applicable under section 1848(g)(2) has been exceeded;
and
``(iv) include limiting charge information in the
explanation of medicare benefits that is sent to an
individual enrolled under this part after the
submission of an unassigned claim on an individual's
behalf which exceeds the limiting charge by at least
one dollar; and''.
(c) Monitoring of Charges in Excess of Limiting Charge.--Section
1848(g)(6) (42 U.S.C. 1395w-4(g)(6)) is amended in subparagraph (B), by
striking ``report to the Congress'' and inserting ``report to the
Congress regarding the charges described in subparagraph (A)(i),
including the extent to which actual charges exceed limiting charges,
the number and types of services involved, and the average amount of
excess charges''.
(d) Establishment of Medicare Beneficiary Advisory Council.--Title
XVIII (42 U.S.C. 1395 et seq.) is amended by inserting after section
1889 the following new section:
``SEC. 1890. MEDICARE BENEFICIARY ADVISORY COUNCIL.
``(a) Appointment of Members.--The Secretary shall appoint, based
on nominations submitted by organizations representing elderly and
disabled populations, a Medicare Beneficiary Advisory Council
(hereafter in this section referred to as the `Council') to be composed
of 15 individuals who are entitled to benefits under part A or who are
enrolled under part B.
``(b) Meetings.--The Council shall meet once during each calendar
quarter to discuss proposed regulations, carrier manual instructions,
and any other issues with a direct or indirect impact on delivery,
cost, quality, or expansion of medicare services. To the extent
feasible and consistent with statutory deadlines, such consultation
shall occur before the publication of such proposed changes.
``(c) Reimbursement of Expenses.--Members of the Council shall be
entitled to receive reimbursement of expenses and per diem in lieu of
subsistence in the same manner as other members of advisory councils
appointed by the Secretary are provided such reimbursement and per diem
under this title.''.
(e) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to services
furnished on or after January 1, 1994.
(2) Council.--The amendment made by subsection (e) shall
take effect on the date of the enactment of this Act. | Amends title XVIII (Medicare) of the Social Security Act to revise procedures under Medicare part B (Supplementary Medical Insurance) with regard to extra-billing limits, with changes including imposition of sanctions against physicians who fail to refund charges collected in excess of the applicable limiting charge.
Requires the Secretary of Health and Human Services' report to the Congress monitoring charges for physician services to include the extent to which actual charges exceed limiting charges.
Directs the Secretary to appoint a Medicare Beneficiary Advisory Council to discuss proposed regulations, carrier manual instructions, and other issues with an impact on Medicare services. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to improve procedures under part B of the medicare program relating to extra-billing limits, and for other purposes."} | 1,632 | 139 | 0.535255 | 1.35753 | 0.591871 | 2.964912 | 12.491228 | 0.877193 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Multinational Species Conservation
Funds Reauthorization Act of 2015''.
SEC. 2. REAUTHORIZATION OF AFRICAN ELEPHANT CONSERVATION ACT.
Section 2306(a) of the African Elephant Conservation Act (16 U.S.C.
4245(a)) is amended by striking ``2007 through 2012'' and inserting
``2016 through 2020''.
SEC. 3. REAUTHORIZATION OF RHINOCEROS AND TIGER CONSERVATION ACT OF
1994.
Section 10(a) of the Rhinoceros and Tiger Conservation Act of 1994
(16 U.S.C. 5306(a)) is amended by striking ``2007 through 2012'' and
inserting ``2016 through 2020''.
SEC. 4. REAUTHORIZATION OF ASIAN ELEPHANT CONSERVATION ACT OF 1997.
Section 8(a) of the Asian Elephant Conservation Act of 1997 (16
U.S.C. 4266(a)) is amended by striking ``2007 through 2012'' and
inserting ``2016 through 2020''.
SEC. 5. AMENDMENT AND REAUTHORIZATION OF GREAT APE CONSERVATION ACT OF
2000.
The Great Ape Conservation Act of 2000 is amended as follows:
(1) Multiyear grants.--In section 4 (16 U.S.C. 6303), by
adding at the end the following new subsections:
``(j) Multiyear Grants.--
``(1) In general.--The Secretary may award a multiyear
grant under this section to a person who is otherwise eligible
for a grant under this section, to carry out a project that the
person demonstrates is an effective, long-term conservation
strategy for great apes and their habitats.
``(2) Annual grants not affected.--This subsection shall
not be construed as precluding the Secretary from awarding
grants on an annual basis.''.
(2) Panel of experts.--In section 4(i) (16 U.S.C.
6303(i))--
(A) in paragraph (1), by--
(i) striking ``Every 2 years'' and
inserting ``Within one year after the date of
the enactment of the Multinational Species
Conservation Funds Reauthorization Act of 2015,
and every 5 years thereafter'';
(ii) striking ``may convene'' and inserting
``shall convene'';
(iii) inserting ``and priorities'' after
``needs''; and
(iv) adding at the end the following new
sentence: ``The panel shall, to the extent
practicable, include representatives from
foreign range states with expertise in great
ape conservation.''; and
(B) by redesignating paragraph (2) as paragraph
(4), and inserting after paragraph (1) the following
new paragraphs:
``(2) In identifying conservation needs and priorities
under paragraph (1), the panel shall consider relevant great
ape conservation plans or strategies including scientific
research and findings related to--
``(A) the conservation needs and priorities of
great apes;
``(B) regional or species-specific action plans or
strategies;
``(C) applicable strategies developed or initiated
by the Secretary; and
``(D) any other applicable conservation plan or
strategy.
``(3) The Secretary, subject to the availability of
appropriations, may pay expenses of convening and facilitating
meetings of the panel.''.
(3) Administrative expenses limitation.--In section 5(b)(2)
(16 U.S.C. 6304(b)(2)), by striking ``$100,000'' and inserting
``$150,000''.
(4) Authorization of appropriations.--In section 6 (16
U.S.C. 6305), by striking ``2006 through 2010'' and inserting
``2016 through 2020''.
SEC. 6. AMENDMENT AND REAUTHORIZATION OF MARINE TURTLE CONSERVATION ACT
OF 2004.
(a) In General.--The Marine Turtle Conservation Act of 2004 is
amended--
(1) in sections 2(b) and 3(2) (16 U.S.C. 6601(b), 6602(2)),
by inserting ``and territories of the United States'' after
``foreign countries'' each place it occurs;
(2) in section 3 (16 U.S.C. 6602) by adding at the end the
following:
``(7) Territory of the united states.--The term `territory
of the United States' means each of Puerto Rico, the United
States Virgin Islands, Guam, American Samoa, the Commonwealth
of the Northern Mariana Islands, and any other territory or
possession of the United States.''; and
(3) in section 4 (16 U.S.C. 6603)--
(A) in subsection (b)(1)(A), by inserting ``or
territory of the United States'' after ``foreign
country''; and
(B) in subsection (d) by inserting ``and
territories of the United States'' after ``foreign
countries''.
(b) Administrative Expenses Limitation.--Section 5(b)(2) of the
Marine Turtle Conservation Act of 2004 (16 U.S.C. 6604(b)(2)) is
amended by striking ``$80,000'' and inserting ``$150,000''.
(c) Reauthorization.--Section 7 of the Marine Turtle Conservation
Act of 2004 (16 U.S.C. 6606) is amended by striking ``each of fiscal
years 2005 through 2009'' and inserting ``each of fiscal years 2016
through 2020''. | Multinational Species Conservation Funds Reauthorization Act of 2015 This bill reauthorizes the African Elephant Conservation Act, the Rhinoceros and Tiger Conservation Act of 1994, the Asian Elephant Conservation Act of 1997, the Great Ape Conservation Fund, and the Marine Turtle Conservation Fund through FY2020. This bill amends the Great Ape Conservation Act of 2000 to authorize Department of the Interior to award a multi-year grant to carry out a project that is an effective, long-term conservation strategy for great apes (chimpanzees, gorillas, bonobos, orangutans, or gibbons) and their habitats. Interior is required to convene a panel of experts to identify the greatest needs and priorities for the conservation of great apes within a year of this Act's enactment and every five years thereafter. Current law authorizes Interior to convene a panel to consider the greatest conservation needs every two years. The panel is required to consider relevant great ape conservation plans or strategies. This bill amends the Marine Turtle Conservation Act of 2004 to make a wildlife management authority of a U.S. territory eligible for financial assistance for marine turtle conservation. | {"src": "billsum_train", "title": "Multinational Species Conservation Funds Reauthorization Act of 2015"} | 1,291 | 261 | 0.628417 | 1.909113 | 0.823964 | 2.62069 | 5.162562 | 0.807882 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oroville-Tonasket Claim Settlement
and Conveyance Act''.
SEC. 2. PURPOSES.
The purposes of this Act are to authorize the Secretary of the
Interior to implement the provisions of the negotiated Settlement
Agreement including conveyance of the Project Irrigation Works,
identified as not having national importance, to the District, and for
other purposes.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) The term ``Secretary'' means the Secretary of the
Interior.
(2) The term ``Reclamation'' means the United States Bureau
of Reclamation.
(3) The term ``district'' or ``Oroville-Tonasket Irrigation
District'' means the project beneficiary organized and
operating under the laws of the State of Washington, which is
the operating and repayment entity for the Project.
(4) The term ``project'' means the Oroville-Tonasket unit
extension, Okanogan-Similkameen division, Chief Joseph Dam
Project, Washington, constructed and rehabilitated by the
United States under the Act of September 28, 1976 (Public Law
94-423, 90 Stat. 1324), previously authorized and constructed
under the Act of October 9, 1962 (Public Law 87-762, 76 Stat.
761), under the Federal reclamation laws (including the Act of
June 17, 1902 (ch. 1093, 32 Stat. 388), and Acts supplementary
thereto or amendatory thereof).
(5) The term ``Project Irrigation Works'' means--
(A) those works actually in existence and described
in subarticle 3(a) of the Repayment Contract, excluding
Wildlife Mitigation Facilities, and depicted on the
maps held by the District and Reclamation, consisting
of the realty with improvements and real estate
interests;
(B) all equipment, parts, inventories, and tools
associated with the Project Irrigation Works realty and
improvements and currently in the District's
possession; and
(C) all third party agreements.
(6) (A) The term ``Basic Contract'' means Repayment
Contract No. 14-06-100-4442, dated December 26, 1964, as
amended and supplemented, between the United States and the
District;
(B) the term ``Repayment Contract'' means Repayment
Contract No. 0-07-10-W0242, dated November 28, 1979, as amended
and supplemented, between the United States and the District;
and
(C) the term ``third party agreements'' means existing
contractual duties, obligations, and responsibilities that
exist because of all leases, licenses, and easement with third-
parties related to the Project Irrigation Works, or the lands
or rights-of-way for the Project Irrigation Works, but
excepting power arrangements with the Bonneville Power
Administration.
(7) The term ``Wildlife Mitigation Facilities'' means--
(A) land, improvements, or easements, or any
combination thereof, secured for access to such lands,
acquired by the United States under the Fish and
Wildlife Coordination Act (16 U.S.C. 661-667e); and
(B) all third party agreements associated with the
land, improvements, or easements referred to in
subparagraph (A).
(8) The term ``Indian Trust Lands'' means approximately 61
acres of lands identified on land classification maps on file
with the District and Reclamation beneficially owned by the
Confederated Tribes of the Colville Reservation (Colville
Tribes) or by individual Indians, and held in trust by the
United States for the benefit of the Colville Tribes in
accordance with the Executive Order of April 9, 1872.
(9) The term ``Settlement Agreement'' means the Agreement
made and entered on April 15, 1996, between the United States
of America acting through the Regional Director, Pacific
Northwest Region, Bureau of Reclamation, and the Oroville-
Tonasket Irrigation District.
(10) The term ``operations and maintenance'' means normal
and reasonable care, control, operation, repair, replacement
and maintenance.
SEC. 4. AGREEMENT AUTHORIZATION.
The Settlement Agreement is approved and the Secretary of Interior
is authorized to conduct all necessary and appropriate investigations,
studies, and required Federal actions to implement the Settlement
Agreement.
SEC. 5. CONSIDERATION AND SATISFACTION OF OUTSTANDING OBLIGATIONS.
(a) Consideration to United States.--Consideration by the district
to the United States in accordance with the Settlement Agreement
approved by this Act shall be--
(1) payment of $350,000 by the district to the United
States;
(2) assumption by the district of full liability and
responsibility and release of the United States of all further
responsibility, obligations, and liability for removing
irrigation facilities constructed and rehabilitated by the
United States under the Act of October 9, 1962 (Public Law 87-
762, 76 Stat. 761), or referenced in section 201 of the Act of
September 28, 1976 (Public Law 94-423, 90 Stat. 1324), and
identified in Article 3(a)(8) of the Repayment Contract;
(3) assumption by the district of sole and absolute
responsibility for the operations and maintenance of the
Project Irrigation Works;
(4) release and discharge by the district as to the United
States from all past and future claims, whether now known or
unknown, arising from or in any way related to the Project,
including any arising from the Project Irrigation Works
constructed pursuant to the 1964 Basic Contract or the 1979
Repayment Contract;
(5) assumption by the District of full responsibility to
indemnify and defend the United States against any third party
claims associated with any aspect of the Project, except for
that claim known as the Grillo Claim, government contractor
construction claims accruing at any time, and any other suits
or claims filed as of the date of the Settlement Agreement; and
(6) continued obligation by the district to deliver water
to and provide for operation and maintenance of the Wildlife
Mitigation Facilities at its own expense in accordance with the
Settlement Agreement.
(b) Responsibilities of the United States.--In return the United
States shall--
(1) release and discharge the district's obligation,
including any delinquent or accrued payments, or assessments of
any nature under the 1979 Repayment Contract, including the
unpaid obligation of the 1964 Basic Contract;
(2) transfer title of the Project Irrigation Works to the
district;
(3) assign to the District all third party agreements
associated with the Project Irrigation Works;
(4) continue power deliveries provided under section 6 of
this Act; and
(5) assume full responsibility to indemnify and defend the
district against any claim known as the Grillo Claim,
government contractor construction claims accruing at any time,
and any other suits or claims filed against the United States
as of the date of the Settlement Agreement.
(c) Project Construction Costs.--The transfer of title authorized
by this Act shall not affect the timing or amount of the obligation of
the Bonneville Power Administration for the repayment of construction
costs incurred by the Federal Government under section 202 of the Act
of September 28, 1976 (90 Stat. 1325) that the Secretary of the
Interior has determined to be beyond the ability of irrigators to pay.
The obligation shall remain charged to and be returned to the
Reclamation Fund as provided for in section 2 of the Act of June 14,
1966 (80 Stat. 200), as amended by section 6 of the Act of September 7,
1966 (80 Stat. 707).
SEC. 6. POWER.
Nothing in this Act shall be construed as having any affect on
power arrangements under Public Law 94-423 (90 Stat. 1324). The United
States shall continue to provide to the district power and energy for
irrigation water pumping for the project, including Dairy Point Pumping
Plant. However, the amount and term of reserved power shall not exceed,
respectively--
(1) 27,100,000 kilowatt hours per year; and
(2) 50 years commencing October 18, 1990.
The rate that the district shall pay the Secretary for such reserved
power shall continue to reflect full recovery of Bonneville Power
Administration transmission costs.
SEC. 7. CONVEYANCE.
(a) Conveyance of Interests of United States.--Subject to valid
existing rights, the Secretary is authorized to convey all right,
title, and interest, without warranties, of the United States in and to
all Project Irrigation Works to the district. In the event a
significant cultural resource or hazardous waste site is identified,
the Secretary is authorized to defer or delay transfer of title to any
parcel until required Federal action is completed.
(b) Retention of Title to Wildlife Mitigation Facilities.--The
Secretary will retain title to the Wildlife Mitigation Facilities. The
District shall remain obligated to deliver water to and provide for the
operations and maintenance of the Wildlife Mitigation Facilities at its
own expense in accordance with the Settlement Agreement.
(c) Reservation.--The transfer of rights and interests pursuant to
subsection (a) shall reserve to the United States all oil, gas, and
other mineral deposits and a perpetual right to existing public access
open to public fishing, hunting and other outdoor recreation purposes,
and such other existing public uses.
SEC. 8. REPAYMENT CONTRACT.
Upon conveyance of title to the Project Irrigation Works
notwithstanding any parcels delayed in accordance with section 7(a),
the 1964 Basic Contract, and the 1979 Repayment Contract between the
District and Reclamation, shall be terminated and of no further force
or effect.
SEC. 9. INDIAN TRUST RESPONSIBILITIES.
The district shall remain obligated to deliver water under
appropriate water service contracts to Indian Trust Lands upon request
from the owners or lessees of such land.
SEC. 10. LIABILITY.
Upon completion of the conveyance of Project Irrigation Works under
this Act, the District shall--
(1) be liable for all acts or omissions relating to the
operation and use of the Project Irrigation Works that occur
before or after the conveyance except for the Grillo Claim,
government contractor construction claims accruing at any time,
and any other suits or claims filed as of the date of the
Settlement Agreement;
(2) absolve the United States and its officers and agents
of responsibility and liability for the design and construction
including latent defects associated with the project; and
(3) assume responsibility to indemnify and defend the
United States against all claims whether now known or unknown
and including those of third party claims associated with,
arising from, or in any way related to, the project except for
the Grillo Claim, government contractor construction claims
accruing at any time, and any other suits or claims filed as of
the date of the Settlement Agreement.
SEC. 11. CERTAIN ACTS NOT APPLICABLE AND TERMINATION OF MANDATES.
(a) Reclamation Laws.--All mandates imposed by the Reclamation Act
of 1902, and all Acts supplementary thereto or amendatory thereof,
including the Reclamation Reform Act of 1982, upon the Project
Irrigation Works shall be terminated upon the completion of the
transfers as provided by this Act and the Settlement Agreement.
(b) Relationship to Other Laws.--The transfer of title authorized
by this Act shall not--
(1) be subject to the provisions of chapter 5 of title 5,
United States Code (commonly known as the ``Administrative
Procedures Act''); or
(2) be considered a disposal of surplus property under the
Federal Property and Administrative Services Act of 1949 (40
U.S.C. 471 et seq.) And the Surplus Property Act of 1944 (50
U.S.C. App. 1601 et seq.).
(c) Deauthorization.--Effective upon the transfer of title to the
district under this section, that portion of the Oroville-Tonasket Unit
Extension, Okanogan-Similkameen Division, Chief Joseph Dam Project,
Washington referred to in section 7(a) as the Project Irrigation Works
is hereby deauthorized. After transfer of title, the district shall not
be entitled to receive any further Reclamation benefits pursuant to the
Reclamation Act of June 17, 1902, and Acts supplementary thereto or
amendatory thereof. | Oroville-Tonasket Claim Settlement and Conveyance Act - Approves the Settlement Agreement between the U.S. Bureau of Reclamation and the Oroville-Tonasket Irrigation District. Authorizes the Secretary of the Interior to conduct all necessary and appropriate investigations, studies, and required Federal actions to implement the Agreement.
Provides for consideration by the District to the United States and U.S. responsibilities under such Agreement.
Authorizes the Secretary to convey to the District all U.S. rights and interest in District project irrigation works. Provides that the transfer of title shall not affect the timing or obligation amount of the Bonneville Power Administration for the repayment of Federal construction costs that the Secretary has determined to be beyond the ability of irrigators to pay. Directs the Secretary to retain title to the Wildlife Mitigation Facilities. Terminates certain prior contracts upon such conveyance.
Continues the District's obligation to deliver water to Indian trust lands upon request.
Provides liabilities of the District upon conveyance of the irrigation works.
Terminates upon the completion of the transfer specified mandates imposed upon the irrigation works under prior reclamation laws.
Deauthorizes upon completion of the transfer the Chief Joseph Dam Project of the Oroville-Tonasket Unit Extension, Washington. | {"src": "billsum_train", "title": "Oroville-Tonasket Claim Settlement and Conveyance Act"} | 2,720 | 285 | 0.556037 | 1.801356 | 0.821535 | 3.893805 | 10.942478 | 0.902655 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kids in Disasters Well-being,
Safety, and Health Act of 2007''.
SEC. 2. DEFINITION.
In this Act, the terms ``child'' and ``children'' mean an
individual or individuals, respectively, who have not attained 18 years
of age.
SEC. 3. ESTABLISHMENT OF COMMISSION.
There is established a commission to be known as the ``National
Commission on Children and Disasters'' (referred to in this Act as the
``Commission'').
SEC. 4. PURPOSES OF COMMISSION.
The purposes of the Commission are to--
(1) conduct a comprehensive study to examine and assess the
needs of children as they relate to preparation for, response
to, and recovery from all hazards, including major disasters
and emergencies;
(2) build upon the investigations of other entities and
avoid unnecessary duplication, by reviewing the findings,
conclusions, and recommendations of other commissions, Federal,
State, and local governments, or nongovernmental entities,
relating to the needs of children as they relate to preparation
for, response to, and recovery from all hazards, including
major disasters and emergencies; and
(3) submit a report to the President and Congress on
specific findings, conclusions, and recommendations to address
the needs of children as they relate to preparation for,
response to, and recovery from all hazards, including major
disasters and emergencies.
SEC. 5. COMPOSITION OF COMMISSION.
(a) Members.--The Commission shall be composed of 10 members, of
whom--
(1) 1 member shall be appointed by the President;
(2) 1 member, who is of a different political party than
that of the member appointed under paragraph (1), shall be
appointed by the President;
(3) 2 members shall be appointed by the majority leader of
the Senate;
(4) 2 members shall be appointed by the minority leader of
the Senate;
(5) 2 members shall be appointed by the Speaker of the
House of Representatives; and
(6) 2 members shall be appointed by the minority leader of
the House of Representatives.
(b) Chairperson and Vice-Chairperson Selection.--The Chairperson
and Vice Chairperson shall be elected from among members of the
Commission.
(c) Governmental Appointees.--An individual appointed to the
Commission may not be an official or employee of the Federal
Government.
(d) Commission Representation.--The Commission shall include--
(1) representatives from private nonprofit entities with
demonstrated expertise in addressing the needs of children as
they relate to preparation for, response to, and recovery from
all hazards, including major disasters and emergencies; and
(2) State emergency managers and local emergency managers.
(e) Qualifications.--Members appointed under subsection (a) shall
include--
(1) individuals involved with providing services to
children, including health, education, housing, and other
social services, including grant and entitlement programs;
(2) individuals with experience in emergency management,
including coordination of resources and services among State
and local governments, the Federal Government, and
nongovernmental entities;
(3) individuals with philanthropic experience focused on
the needs of children;
(4) individuals with experience in providing donated goods
and services, including personnel services, to meet the needs
of children and families as they relate to preparation for,
response to, and recovery from all hazards, including major
disasters and emergencies; and
(5) individuals who have conducted academic research into
related issues.
(f) Appointments.--All members of the Commission shall be appointed
not later than 90 days after the date of enactment of this Act.
(g) Initial Meeting.--The Commission shall meet and begin the
operations of the Commission not later than 120 days after the date of
enactment of this Act.
(h) Quorum and Vacancy.--
(1) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(2) Vacancy.--Any vacancy in the Commission shall not
affect its powers and shall be filled in the same manner in
which the original appointment was made.
SEC. 6. DUTIES OF COMMISSION.
The Commission shall--
(1) conduct a comprehensive study that examines and
assesses the needs of children as they relate to preparation
for, response to, and recovery from all hazards, including
major disasters and emergencies, including specific findings
relating to--
(A) children's physical and mental health;
(B) child care, including in private for-profit and
nonprofit settings;
(C) child welfare;
(D) elementary and secondary education;
(E) sheltering, temporary housing, and affordable
housing;
(F) transportation;
(G) entitlement and grant programs;
(H) juvenile justice;
(I) evacuation; and
(J) relevant activities in emergency management;
(2) identify, review, and evaluate existing law relevant to
the needs of children as they relate to preparation for,
response to, and recovery from all hazards, including major
disasters and emergencies;
(3) identify, review, and evaluate the lessons learned from
past disasters and emergencies relative to addressing the needs
of children; and
(4) submit a report to the President and Congress on the
Commission's specific findings, conclusions, and
recommendations to address the needs of children as they relate
to preparation for, response to, and recovery from all hazards,
including major disasters and emergencies, including specific
recommendations on the need for planning and establishing a
national resource center on children and disasters,
coordination of resources and services, administrative actions,
policies, regulations, financing, and legislative changes as
the Commission considers appropriate.
SEC. 7. POWERS OF COMMISSION.
(a) Hearings.--The Commission may hold such hearings, meet and act
at such times and places, and receive such evidence as may be necessary
to carry out the functions of the Commission.
(b) Information From Federal Agencies.--
(1) In general.--The Commission may secure directly from
any executive department, bureau, agency, board, commission,
office, independent establishment, or instrumentality of the
Federal Government such information, suggestions, estimates,
and statistics as the Commission considers necessary to carry
out this Act.
(2) Provision of information.--On request of the
Chairperson of the Commission, each department, bureau, agency,
board, commission, office, independent establishment, or
instrumentality shall, to the extent authorized by law, provide
the requested information to the Commission.
(3) Receipt, handling, storage, and dissemination.--
Information shall only be received, handled, stored, and
disseminated by members of the Commission and its staff
consistent with all applicable statutes, regulations, and
Executive orders.
(c) Assistance From Federal Agencies.--
(1) General services administration.--On request of the
Chairperson of the Commission, the Administrator of General
Services shall provide to the Commission, on a reimbursable
basis, administrative support and other services necessary for
the Commission to carry out its duties.
(2) Other departments and agencies.--In addition to the
assistance provided for under paragraph (1), departments and
agencies of the United States may provide to the Commission
such services as they may determine advisable and as authorized
by law.
(d) Contracting.--The Commission may enter into contracts to enable
the Commission to discharge its duties under this Act.
(e) Donations.--The Commission may accept, use, and dispose of
donations of services or property.
(f) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as a department
or agency of the United States.
SEC. 8. STAFF OF COMMISSION.
(a) In General.--The Chairperson of the Commission, in consultation
with the Vice Chairperson, in accordance with rules agreed upon by the
Commission, may appoint and fix the compensation of a staff director
and such other personnel as may be necessary to enable the Commission
to carry out its functions, in accordance with the provisions of title
5, United States Code, except that no rate of pay fixed under this
subsection may exceed the equivalent of that payable for a position at
level V of the Executive Schedule under section 5316 of title 5, United
States Code.
(b) Staff of Federal Agencies.--Upon request of the Chairperson of
the Commission, the head of any executive department, bureau, agency,
board, commission, office, independent establishment, or
instrumentality of the Federal Government may detail, without
reimbursement, any of its personnel to the Commission to assist it in
carrying out its duties under this Act. Any detail of an employee shall
be without interruption or loss of civil service status or privilege.
(c) Consultant Services.--The Commission is authorized to procure
the services of experts and consultants in accordance with section 3109
of title 5, United States Code, but at rates not to exceed the daily
rate paid a person occupying a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code.
SEC. 9. TRAVEL EXPENSES.
Each member of the Commission shall serve without compensation, but
shall receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions in the same
manner as persons employed intermittently in the Government service are
allowed expenses under section 5703 of title 5, United States Code.
SEC. 10. FEDERAL ADVISORY COMMITTEE ACT APPLICABILITY.
The provisions of the Federal Advisory Committee Act shall apply to
the Commission, including the staff of the Commission.
SEC. 11. REPORTS OF COMMISSION; TERMINATION.
(a) Interim Report.--Not later than December 31, 2008, the
Commission shall submit to the President and Congress an interim report
containing specific findings, conclusions, and recommendations required
under this Act as have been agreed to by a majority of Commission
members.
(b) Final Report.--Not later than 24 months after the date of the
enactment of this Act, the Commission shall submit to the President and
Congress a final report containing specific findings, conclusions, and
recommendations required under this Act as have been agreed to by a
majority of Commission members.
(c) Termination.--
(1) In general.--The Commission, and all the authorities of
this Act, shall terminate 180 days after the date on which the
final report is submitted under subsection (b).
(2) Records.--Not later than the date of termination of the
Commission under paragraph (1), all records and papers of the
Commission shall be delivered to the Archivist of the United
States for deposit in the National Archives.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act,
$2,000,000 for each of fiscal years 2008 and 2009.
Passed the House of Representatives November 6, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | Kids in Disasters Well-being, Safety, and Health Act of 2007 - Establishes the National Commission on Children and Disasters, which shall: (1) conduct a comprehensive study that assesses childrens' needs as they relate to preparation for, response to, and recovery from all hazards, including major disasters and emergencies; (2) identify, review, and evaluate existing law relevant to such needs; (3) identify, review, and evaluate the lessons learned from past disasters relative to addressing such needs; and (4) report to the President and Congress on its findings and recommendations to address such needs, including regarding the need for a national resource center on children and disasters, coordination of resources and services, administrative actions, policies, regulations, financing, and legislative changes.
Sets forth provisions regarding the Commission's powers, staffing, reporting and record-keeping requirements, and termination. Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to establish a National Commission on Children and Disasters, and for other purposes."} | 2,347 | 190 | 0.633654 | 1.76864 | 0.899721 | 6.232955 | 12.789773 | 0.926136 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transparent Markets Act of 2009''.
SEC. 2. OVER-THE-COUNTER DERIVATIVES TRANSACTION TAX.
(a) In General.--Chapter 36 of the Internal Revenue Code of 1986 is
amended by inserting after subchapter B the following new subchapter:
``Subchapter C--Tax on Over-the-Counter Derivatives
``Sec. 4475. Tax on over-the-counter derivatives.
``SEC. 4475. TAX ON OVER-THE-COUNTER DERIVATIVES.
``(a) Imposition of Tax.--There is hereby imposed a tax on each
covered derivative transaction.
``(b) Rate of Tax.--The rate of such tax shall be equal to 0.25
percent of the fair market value of the underlying property with
respect to, or the notional principal amount of, the derivative
financial instrument involved in such transaction.
``(c) By Whom Paid.--All parties to a covered derivative
transaction shall be jointly and severally liable for the tax imposed
on such transaction by this section.
``(d) Covered Derivatives Transaction.--For purposes of this
section, the term `covered derivative transaction' means becoming a
party to a derivative financial instrument which is not traded on (or
subject to the rules of) a qualified board or exchange (as defined in
section 1256(g)(7), determined without regard to subparagraph (C)
thereof).
``(e) Derivative Financial Instrument.--For purposes of this
section--
``(1) In general.--The term `derivative financial
instrument' means any option, forward contract, short position,
notional principal contract, credit default swap, or similar
financial instrument in any--
``(A) share of stock in a corporation,
``(B) partnership or beneficial ownership interest
in a widely held or publicly traded partnership or
trust,
``(C) note, bond, debenture, or other evidence of
indebtedness,
``(D) commodity which is actively traded (within
the meaning of section 1092(d)(1)),
``(E) any foreign currency, or
``(F) any specified index.
``(2) Specified index.--The term `specified index' means
any one or more or any combination of--
``(A) a fixed rate, price, or amount, or
``(B) a variable rate, price, or amount
which is based on any current, objectively determinable
information which is not within the control of any of the
parties to the contract or instrument and is not unique to any
of the parties' circumstances.
``(f) Method of Collection.--
``(1) In general.--The tax imposed by subsection (a) shall
be collected on the basis of an annual return.
``(2) Content of return.--Such return shall include the
following information:
``(A) A description of the derivative financial
instrument involved in such transaction.
``(B) The parties to the covered derivatives
transaction (and each such party's tax residence).
``(C) The fair market value of the underlying
property with respect to, or the notional principal
amount of, the derivative financial instrument involved
in such transaction.
``(D) A description of any underlying asset or
specified index with respect to such transaction,
including a description of how each party to such
transaction characterizes any such asset for tax
purposes.
``(E) A description of any provision for physical
settlement of such transaction.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out the purposes of this
section, including the following:
``(1) Prescribing the time for filing the annual return of
tax imposed under subsection (a) and the time for payment of
such tax.
``(2) Excluding or including certain transactions from such
tax as may be consistent with the purposes of this section.
``(3) Guidance for determining such tax if the fair market
value or notional principal amount is unclear on the face of
the instrument.''.
(b) Clerical Amendment.--The table of subchapters for chapter 36 of
such Code is amended by inserting after the item relating to subchapter
B the following new item:
``subchapter c. tax on over-the-counter derivatives''.
(c) Report.--
(1) In general.--Not later than 180 days after the first
deadline established by the Secretary of the Treasury for
filing a return of the tax imposed under section 4475 of the
Internal Revenue Code of 1986, and each deadline for filing
such return thereafter, the Secretary shall submit a report to
Congress.
(2) Content.--Such report shall include--
(A) a description and a statistical analysis of the
information included on the returns of such tax for the
previous filing period, and
(B) a detailed analysis of the scope and nature of
over-the-counter derivatives markets and the
feasibility and advisability of regulating such
markets.
(d) Effective Date.--The amendments made by this section shall
apply to transactions entered into on or after the date of the
enactment of this Act. | Transparent Markets Act of 2009 - Amends the Internal Revenue Code to impose an excise tax on over-the-counter derivative transactions. Sets the rate of such tax at 0.25% of the fair market value of the underlying property with respect to, or the notional principal amount of, the derivative financial instrument involved in such transactions. Defines "derivative financial instrument" as any option, forward contract, short position, notional principal contract, credit default swap, or similar financial instrument in any share of corporate stock, interest in a widely held or publicly traded partnership or trust, debt instrument, commodity which is actively traded, foreign currency, or specified index. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to impose a tax on over-the-counter derivatives transactions, and for other purposes."} | 1,204 | 145 | 0.632487 | 1.675565 | 0.682166 | 5.801587 | 8.52381 | 0.912698 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Access to Science and
Technology Research Act of 2013''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Federal Government funds basic and applied research
with the expectation that new ideas and discoveries that result
from the research, if shared and effectively disseminated, will
advance science and improve the lives and welfare of people of
the United States and around the world;
(2) the Internet makes it possible for this information to
be promptly available to every scientist, physician, educator,
and citizen at home, in school, or in a library; and
(3) the United States has a substantial interest in
maximizing the impact and utility of the research it funds by
enabling a wide range of reuses of the peer-reviewed literature
that reports the results of such research, including by
enabling computational analysis by state-of-the-art
technologies.
SEC. 3. DEFINITION OF FEDERAL AGENCY.
In this Act, the term ``Federal agency'' means an Executive agency
as defined under section 105 of title 5, United States Code.
SEC. 4. FEDERAL RESEARCH PUBLIC ACCESS POLICY.
(a) Requirement To Develop Policy.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, each Federal agency with extramural
research expenditures of over $100,000,000 shall develop a
Federal research public access policy that is consistent with
and advances the purposes of the Federal agency.
(2) Common procedures.--To the extent practicable, Federal
agencies required to develop a policy under paragraph (1) shall
follow common procedures for the collection and depositing of
research papers.
(b) Content.--Each Federal research public access policy shall
provide for--
(1) submission to the Federal agency of an electronic
version of the author's final manuscript of original research
papers that have been accepted for publication in peer-reviewed
journals and that result from research supported, in whole or
in part, from funding by the Federal Government;
(2) the incorporation of all changes resulting from the
peer review publication process in the manuscript described
under paragraph (1);
(3) the replacement of the final manuscript with the final
published version if--
(A) the publisher consents to the replacement; and
(B) the goals of the Federal agency for
functionality and interoperability are retained;
(4) free online public access to such final peer-reviewed
manuscripts or published versions as soon as practicable, but
not later than 6 months after publication in peer-reviewed
journals;
(5) providing research papers as described in paragraph (4)
in formats and under terms that enable productive reuse,
including computational analysis by state-of-the-art
technologies;
(6) production of an online bibliography of all research
papers that are publicly accessible under the policy, with each
entry linking to the corresponding free online full text; and
(7) long-term preservation of, and free public access to,
published research findings--
(A) in a stable digital repository maintained by
the Federal agency; or
(B) if consistent with the purposes of the Federal
agency, in any repository meeting conditions determined
favorable by the Federal agency, including free public
access, interoperability, and long-term preservation.
(c) Application of Policy.--Each Federal research public access
policy shall--
(1) apply to--
(A) researchers employed by the Federal agency
whose works remain in the public domain; and
(B) researchers funded by the Federal agency;
(2) provide that works described under paragraph (1)(A)
shall be--
(A) marked as being public domain material when
published; and
(B) made available at the same time such works are
made available under subsection (b)(4); and
(3) make effective use of any law or guidance relating to
the creation and reservation of a Government license that
provides for the reproduction, publication, release, or other
uses of a final manuscript for Federal purposes.
(d) Exclusions.--Each Federal research public access policy shall
not apply to--
(1) research progress reports presented at professional
meetings or conferences;
(2) laboratory notes, preliminary data analyses, notes of
the author, phone logs, or other information used to produce
final manuscripts;
(3) classified research, research resulting in works that
generate revenue or royalties for authors (such as books) or
patentable discoveries, to the extent necessary to protect a
copyright or patent; or
(4) authors who do not submit their work to a journal or
works that are rejected by journals.
(e) Patent or Copyright Law.--Nothing in this Act shall be
construed to affect any right under the provisions of title 17 or 35,
United States Code.
(f) Report.--
(1) In general.--Not later than October 1 of each year, the
head of each Federal agency shall submit a report on the
Federal research public access policy of that agency to--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on Oversight and Government
Reform of the House of Representatives;
(C) the Committee on Science and Technology of the
House of Representatives;
(D) the Committee on Commerce, Science, and
Transportation of the Senate;
(E) the Committee on Health, Education, Labor, and
Pensions of the Senate; and
(F) any other committee of Congress of appropriate
jurisdiction.
(2) Content.--Each report under this subsection shall
include--
(A) a statement of the effectiveness of the Federal
research public access policy in providing the public
with free online access to papers on research funded by
the Federal agency;
(B) the results of a study by the agency of the
terms of use applicable to the research papers
described in subsection (b)(4), including--
(i) a statement of whether the terms of use
applicable to such research papers are
effective in enabling productive reuse and
computational analysis by state-of-the-art
technologies; and
(ii) an examination of whether such
research papers should include a royalty-free
copyright license that is available to the
public and that permits the reuse of those
research papers, on the condition that
attribution is given to the author or authors
of the research and any others designated by
the copyright owner;
(C) a list of papers published in peer-reviewed
journals that report on research funded by the Federal
agency;
(D) a corresponding list of papers made available
by the Federal agency as a result of the Federal
research public access policy; and
(E) a summary of the periods of time between public
availability of each paper in a journal and in the
online repository of the Federal agency.
(3) Public availability.--The Federal agency shall make the
statement under paragraph (2)(A) and the lists of papers under
subparagraphs (B) and (C) of paragraph (2) available to the
public by posting such statement and lists on the website of
the Federal agency. | Fair Access to Science and Technology Research Act of 2013 - Requires each federal agency with extramural research expenditures of over $100 million to develop a federal research public access policy, following common procedures for the collection and depositing of research papers, that is consistent with, and that advances, the purposes of the agency. Makes each federal research public access policy applicable to: (1) researchers employed by the federal agency whose works remain in the public domain, and (2) researchers funded by the agency. Specifies exclusions. Requires each federal agency to submit an annual report on its federal research public access policy to specified congressional committees. | {"src": "billsum_train", "title": "Fair Access to Science and Technology Research Act of 2013"} | 1,485 | 136 | 0.597488 | 1.54626 | 0.708192 | 3.639344 | 12.147541 | 0.885246 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patient Safety and Health Care
Whistleblower Protection Act of 1998''.
SEC. 2. PROHIBITION AGAINST DISCRIMINATION OR RETALIATION.
(a) In General.--No person shall retaliate or discriminate in any
manner against any health care worker because the worker (or any person
acting on behalf of the worker) in good faith--
(1) engaged in any disclosure of information relating to
the care, services, or conditions of a health care entity;
(2) advocated on behalf of a patient or patients with
respect to the care, services, or conditions of a health care
entity; or
(3) initiated, cooperated, or otherwise participated in any
investigation or proceeding of any governmental entity relating
to the care, services, or conditions of a health care entity.
(b) Attempts.--No person shall retaliate or discriminate in any
manner against any health care worker because the health care worker
has attempted or has an intention to engage in an action described in
subsection (a).
(c) Restrictions on Reporting Prohibited.--No person shall by
contract, policy, or procedure prohibit or restrict any health care
worker from engaging in any action for which a protection against
discrimination or retaliation is provided under subsection (a).
(d) Confidential Information.--This section does not protect
disclosures that would violate Federal or State law or diminish or
impair the rights of any person to the continued protection of
confidentiality of communications provided by State or Federal law.
(e) Good Faith Action.--A health care worker with respect to the
conduct described in subsection (a)(1) shall be considered to be acting
in good faith if the health care worker reasonably believes that--
(1) the information is true; and
(2) the information disclosed by the health care worker--
(A) evidences a violation of any law, rule, or
regulation, or of a generally recognized professional
or clinical standard; or
(B) relates to care, services, or conditions which
potentially endangers one or more patients or workers
or the public.
SEC. 3. CONFIDENTIALITY OF COMPLAINTS TO GOVERNMENT AGENCIES.
The identity of a health care worker who complains in good faith to
a government agency or department about the quality of care, services,
or conditions of a health care entity shall remain confidential and
shall not be disclosed by any person except upon the knowing written
consent of the health care worker and except in the case in which there
is imminent danger to health or public safety or an imminent violation
of criminal law.
SEC. 4. ENFORCEMENT.
(a) Private Cause of Action.--
(1) Any health care worker who believes that he or she has
been retaliated or discriminated against in violation of
section 2 may file a civil action in any Federal or State court
of competent jurisdiction against the person believed to have
violated section 2.
(2) If the court determines that a violation of section 2
has occurred, the court shall award such damages which result
from the unlawful act or acts, including compensatory damages,
reinstatement, reimbursement of any wages, salary, employment
benefits, or other compensation denied or lost to such employee
by reason of the violation, as well as punitive damages,
attorneys' fees, and costs (including expert witness fees). The
court shall award interest on the amount of damages awarded at
the prevailing rate.
(3) The court may issue temporary, preliminary, and
permanent injunctive relief restraining violations of this law,
including the restraint of any withholding of the payment of
wages, salary, employment benefits, or other compensation, plus
interest, found by the court to be due and the restraint of any
other change in the terms and conditions of employment and may
award such other equitable relief as may be appropriate,
including employment, reinstatement, and promotion.
(4) An action may be brought under this subsection not
later than 2 years after the date of the last event
constituting the alleged violation for which the action is
brought.
(b) Civil Penalty.--Any person who violates a provision of section
2 shall be subject to a civil penalty of not to exceed $10,000 for each
violation. In determining the amount of any penalty under this
subsection, the appropriateness of such penalty to the size of the
business of the person charged and the gravity of the violation shall
be considered. The amount of any penalty under this subsection, when
finally determined, may be--
(1) deducted from any sums owing by the United States to
the person charged; or
(2) ordered by the court, in an action brought for a
violation of section 2 brought by the health care worker (or
workers) who suffered retaliation or discrimination.
(c) Criminal Penalty.--Any person who willfully and repeatedly
violates a provision of section 2 and such violation is related to--
(1) a pattern or practice of such violations,
(2) quality of care, services, or conditions which would
likely lead to serious injury or death for patients or health
care workers, or
(3) retaliation against a health care worker which could
lead to serious injury or death,
shall be fined in accordance with title 18, United States Code,
imprisoned for not more than 1 year, or both.
SEC. 5. BURDEN OF PROOF.
(a) On Complainant.--In any civil action brought under this Act,
the complainant shall have the initial burden of making a prima facie
showing that any behavior described in subsections (a) through (c) of
section 2 was a contributing factor in the adverse action or inaction
alleged in the complaint. A prima facie case shall be established if
the complainant can show that--
(1) the respondent knew of the complainant's protected
activities at the time that the alleged unfavorable action or
inaction was taken; and
(2) the discriminatory action occurred within a period of
time such that a reasonable person could conclude that an
activity protected by section 2(a) or 2(b) was a contributing
factor in the discriminatory treatment.
(b) On Respondent.--Once the complainant establishes a prima facie
case, the burden shifts to the respondent to demonstrate, by clear and
convincing evidence, that it would have taken the same adverse action
or inaction in the absence of such behavior.
SEC. 6. DEFINITIONS.
For purposes of this Act:
(1) Health care entity.--The term ``health care entity''
includes a health care facility (such as a hospital, clinic,
nursing facility, or other provider of health care services) or
a health care carrier (such as an insurance plan or health
maintenance organization). Such term also includes those State,
Federal, or local agencies whose responsibilities include
oversight of health care or health care entities.
(2) Health care worker.--The term ``health care worker''
includes a worker directly employed by a health care entity as
well as an employee of a subcontractor or independent
contractor that provides supplies or services to a health care
entity. Such term also includes a nurse, nurse's aide,
laboratory technician, physician, intern, resident, clerical
employee, laundry staff, kitchen staff, maintenance worker, and
a current or former worker or contractor.
(3) Discrimination or retaliation.--The term
``discrimination or retaliation'' includes a threat,
intimidation, or any adverse change in a health care worker's
wages, benefits, or terms or conditions of employment. In the
case of a health care worker who is not an employee of the
health care entity, such term includes any adverse action taken
against the worker or the worker's employer, including the
cancellation of or refusal to renew a contract with the health
care worker or the employer.
(4) Care, services, or conditions.--The term ``care,
services, or conditions'' includes, with respect to a health
care entity, all aspects of the care or treatment of patients
by the health care entity (whether on an inpatient or
outpatient basis), any health care related services provided
directly or indirectly to a patient of the entity, the
provision or use of any supplies or equipment utilized in
connection with the provision of such health care services, the
coverage or provision of benefits under a health insurance
policy or by a health maintenance organization, the processing
of claims under a health insurance policy, and any conditions
that exist in any facility of the entity which affect or may
affect the quality or safety of the health care services
provided to patients.
(5) Person.--The term ``person'' includes an institution,
Federal, State, or local governmental entity, or any other
public or private entity.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
SEC. 7. NOTICE.
(a) In General.--Each health care entity shall post and keep
posted, in conspicuous places on the premises of the health care entity
where notices to employees and applicants for employment are
customarily posted, a notice, to be prepared or approved by the
Secretary, setting forth excerpts from, or summaries of, the pertinent
provisions of this Act and information pertaining to the filing of a
charge under section 2.
(b) Penalty.--Any employer that willfully violates this section may
be assessed by the Secretary a civil penalty not to exceed $100 for
each separate offense.
SEC. 8. NONPREEMPTION.
Nothing in this Act preempts any other law, and nothing in this Act
shall be construed or interpreted to impair or diminish in any way the
authority of any State to enact and enforce any law which provides
equivalent or greater protections for health care workers or the
disclosure of unsafe practices or conditions in the health care
industry.
SEC. 9. EFFECTIVE DATE.
This Act shall apply to acts of retaliation or discrimination
occurring on or after the first day of the first month that begins
after the date of the enactment of this Act. | Patient Safety and Health Care Whistleblower Protection Act of 1998 - Prohibits retaliation or discrimination against a health care worker because the worker disclosed information, advocated for patients, or initiated, cooperated with, or participated in any governmental investigation or proceeding regarding the care, services, or conditions of a health care entity if: (1) the information is true; and (2) the information disclosed evidences a violation of a law, rule, or professional standard or relates to matters endangering patients, workers, or the public. Prohibits contracts, policies, and procedures restricting the actions for which retaliation or discrimination is prohibited. Declares that these provisions do not protect disclosures violating confidentiality law.
Prohibits disclosing the identity of the worker, subject to exception. Provides for enforcement through private civil actions and, for certain willful and repeated violations, criminal penalties. Declares that this Act does not preempt other laws and allows States to enforce laws providing equivalent or greater worker protections. | {"src": "billsum_train", "title": "Patient Safety and Health Care Whistleblower Protection Act of 1998"} | 2,198 | 229 | 0.665148 | 1.941879 | 0.91758 | 3.032086 | 10.930481 | 0.818182 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Copyright Term Extension Act of
1997''.
SEC. 2. DURATION OF COPYRIGHT PROVISIONS.
(a) Preemption With Respect to Other Laws.--Section 301(c) of title
17, United States Code, is amended by striking ``February 15, 2047''
each place it appears and inserting ``February 15, 2067''.
(b) Duration of Copyright: Works Created on or After January 1,
1978.--Section 302 of title 17, United States Code, is amended--
(1) in subsection (a) by striking ``fifty'' and inserting
``70'';
(2) in subsection (b) by striking ``fifty'' and inserting
``70'';
(3) in subsection (c) in the first sentence--
(A) by striking ``seventy-five'' and inserting
``95''; and
(B) by striking ``one hundred'' and inserting
``120''; and
(4) in subsection (e) in the first sentence--
(A) by striking ``seventy-five'' and inserting
``95'';
(B) by striking ``one hundred'' and inserting
``120''; and
(C) by striking ``fifty'' each place it appears and
inserting ``70''.
(c) Duration of Copyright: Works Created but Not Published or
Copyrighted Before January 1, 1978.--Section 303 of title 17, United
States Code, is amended in the second sentence by striking ``December
31, 2027'' and inserting ``December 31, 2047''.
(d) Duration of Copyright: Subsisting Copyrights.--
(1) Section 304 of title 17, United States Code, is
amended--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) in subparagraph (B) by striking
``47'' and inserting ``67''; and
(II) in subparagraph (C) by
striking ``47'' and inserting ``67'';
(ii) in paragraph (2)--
(I) in subparagraph (A) by striking
``47'' and inserting ``67''; and
(II) in subparagraph (B) by
striking ``47'' and inserting ``67'';
and
(iii) in paragraph (3)--
(I) in subparagraph (A)(i) by
striking ``47'' and inserting ``67'';
and
(II) in subparagraph (B) by
striking ``47'' and inserting ``67'';
and
(B) by amending subsection (b) to read as follows:
``(b) Copyrights in Their Renewal Term.--Any copyright still in its
renewal term at the time that the Copyright Term Extension Act of 1997
becomes effective shall endure for a term of 95 years from the date
copyright was originally secured.''.
(2) Section 102 of the Copyright Renewal Act of 1992
(Public Law 102-307; 106 Stat. 266; 17 U.S.C. 304 note) is
amended--
(A) in subsection (c)--
(i) by striking ``47'' and inserting
``67'';
(ii) by striking ``(as amended by
subsection (a) of this section)''; and
(iii) by striking ``effective date of this
section'' each place it appears and inserting
``effective date of the Copyright Term
Extension Act of 1997''; and
(B) in subsection (g)(2) in the second sentence by
inserting before the period the following: ``, except
each reference to forty-seven years in such provisions
shall be deemed to be 67 years''.
SEC. 3. REPRODUCTION BY LIBRARIES AND ARCHIVES.
Section 108 of title 17, United States Code, is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following:
``(h) For purposes of this section, during the last 20 years of any
term of copyright of a published work, a library or archives, including
a nonprofit educational institution that functions as such, may
reproduce, distribute, display, or perform in facsimile or digital form
a copy or phonorecord of such work, or portions thereof, for purposes
of preservation, scholarship, or research, if such library or archives
has first determined, on the basis of a reasonable investigation, that
none of the conditions set forth in paragraphs (1), (2), and (3) apply.
No reproduction, distribution, display, or performance is authorized
under this subsection if--
``(1) the work is subject to normal commercial
exploitation;
``(2) a copy or phonorecord of the work can be obtained at
a reasonable price; or
``(3) the copyright owner or its agent provides notice
pursuant to regulations promulgated by the Register of
Copyrights that either of the conditions set forth in
paragraphs (1) and (2) applies.
The exemption provided in this subsection does not apply to any
subsequent uses by users other than such library or archives.''.
SEC. 4. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
the date of the enactment of this Act. | Copyright Term Extension Act of 1997 - Amends Federal copyright provisions regarding preemption of laws concerning duration of copyrights. Prohibits the annulment or limitation of rights or remedies under State laws with respect to sound recordings fixed before February 15, 1972, until February 15, 2067 (currently, 2047).
Extends the duration of copyright in a work created on or after January 1, 1978, to the life of the author and 70 (currently, 50) years after the author's death. Makes the same extension with regard to joint works created on or after such date.
Extends the duration of copyright in anonymous or pseudonymous works or works made for hire on or after such date to 95 (currently, 75) years from the year of the first publication, or 120 (currently, 100) years from the year of creation, whichever expires first. Makes conforming extensions with respect to provisions regarding the presumption of an author's death.
Extends from December 31, 2027, to December 31, 2047, the duration of copyright in works published on or before December 31, 2012.
Extends the duration of certain subsisting copyright renewals by a period of 20 years.
Allows, during the last 20 years of any term of copyright of a published work, a library or archives to reproduce, distribute, display, or perform in facsimile or digital form a copy or phonorecord of such work for purposes of preservation, scholarship, or research after determining that none of the following conditions apply: (1) the work is subject to normal commercial exploitation; (2) a copy or phonorecord of the work can be obtained at a reasonable price; or (3) the copyright owner or its agent provides notice that either condition above applies. Provides that such exemption does not apply to any subsequent uses by users other than such library or archives. | {"src": "billsum_train", "title": "Copyright Term Extension Act of 1997"} | 1,244 | 417 | 0.522427 | 1.516207 | 0.721762 | 4.077778 | 3.113889 | 0.811111 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Constantine Menges Ukraine Democracy
and Fair Elections Act of 2004''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States supports the promotion of democracy,
free, fair, and transparent elections, and respect for human
rights and the rule of law in Ukraine consistent with the
commitments of Ukraine as a member country of the Organization
for Security and Cooperation in Europe (OSCE).
(2) The United States has a vital interest in the
independence and sovereignty of Ukraine and in its successful
integration into the European community of democracies.
(3) Elections conducted by the Government of Ukraine during
the past ten years have not satisfied the criteria established
for free, fair, and transparent elections consistent with OSCE
and European democratic standards.
(4) Georgiy Gongadze, Igor Alexandrov, and other
independent journalists in Ukraine who supported democracy and
published critical reports concerning governmental actions have
been murdered or have disappeared and are presumed dead.
(5) Former government officials of Ukraine have made
credible allegations and produced evidence that top officials
of the current government were involved in the disappearances.
(6) The current Government of Ukraine, led by President
Leonid D. Kuchma and Prime Minister Viktor Yanukovych--
(A) systematically harasses and represses
independent media and independent trade unions and
journalists;
(B) actively suppresses freedom of speech and
expression and encourages a virtual blackout on
national television stations of the main democratic
opposition candidate;
(C) uses police to block the transit by land of
opposition candidates and refuses access for the
airplane of the opposition candidates to land at city
airports for campaign appearances;
(D) uses state and city dump trucks and bulldozers
to block access of voters to city squares for
appearances by opposition candidates;
(E) denies access of opposition candidates to rent
government-owned auditoriums and public places for
meetings with voters; and
(F) denies postal service delivery of opposition
campaign literature.
(7) In spite of current and past statements by President
Kuchma and Prime Minister Yanukovych that the up-coming
presidential election will be free, fair, and transparent with
an honest ballot count, the presidential election of October
1999, the national referendum of 2000, the parliamentary
election of March 2002, and recent by-elections to Parliament
and city mayoral races, including the mayoral race in Mukachevo
in spring 2004, were determined by OSCE and other local and
international observers to be fundamentally unfair.
(8) These elections failed to meet OSCE standards for
democratic elections as formulated in the 1990 Copenhagen
Document, and were marred by significant abusive and illegal
misconduct that was publicly approved at the highest levels of
the government, including--
(A) the harassment, arrest, and false
disqualification of opposition candidates;
(B) the arrest and beating by the police of members
of Parliament who were acting as official precinct
election observers;
(C) the denial of equal and fair access by
opposition candidates to the state-controlled
television, radio, and print media, and the denial of
the use of the postal system for sending opposition
campaign mail to voters;
(D) the seizure of equipment and property of
independent nongovernmental organizations, radio
stations, and press organizations and the harassment of
their staff and management, causing several individuals
to flee to foreign countries for their safety;
(E) the implementation of voting and vote counting
procedures that were neither transparent nor legal; and
(F) the implementation of a campaign of
intimidation directed against opposition activists,
domestic election observer organizations, and
opposition and independent media, including denying
newsprint and access to printing plants to the
independent media.
(9) Dr. Constantine Menges, who died in July 2004, served
as a senior official on the National Security Council under
President Ronald Reagan and was a staunch anti-Communist, a
friend of the peoples of Eastern European countries, and
particularly supportive of Ukrainian independence.
SEC. 3. DECLARATION OF POLICY.
Congress--
(1) expresses its support for individuals and organizations
in Ukraine that promote--
(A) democracy, free, fair, and transparent
elections, and respect for human rights and the rule of
law in Ukraine; and
(B) the integration of Ukraine into the European
community of democracies;
(2) expresses it grave concern over the murders and
disappearances of independent journalists in Ukraine like
Georgiy Gongadze, Igor Alexandrov, and others;
(3) calls upon the President Kuchma and Prime Minister
Yanukovych to cease persecution of political opponents and
independent journalists and to cease harassment of individuals
who try to exercise their rights to freedom of speech,
expression, assembly, and association;
(4) calls upon President Kuchma and Prime Minister
Yanukovych to end the pattern of clear, gross, and uncorrected
violations of relevant OSCE human dimension commitments and to
respect the basic freedoms of speech, expression, assembly, and
association; and
(5) calls upon the Government of Ukraine to resolve the
continuing constitutional and political crisis by assuring--
(A) a free, fair, and transparent presidential
election in 2004;
(B) meaningful access by the political opposition
to state-controlled media, including access to
newsprint and printing plants;
(C) full and uninterrupted access for the political
opposition to postal delivery services;
(D) unimpeded access by the political opposition to
public auditoriums and other areas for gathering and
meeting with voters;
(E) unimpeded transit by road and air for
opposition candidates;
(F) modification of the electoral code in keeping
with OSCE commitments; and
(G) full freedom for international observers to
monitor the election and ballot counting at local,
regional, and national levels.
SEC. 4. SENSE OF CONGRESS REGARDING MULTILATERAL COOPERATION CONCERNING
UKRAINE.
It is the sense of Congress that the President should coordinate
with other countries, particularly European countries, to formulate and
implement a comprehensive and multilateral strategy to further the
purposes of this Act, including, as appropriate, encouraging other
countries to take measures with respect to Ukraine that are similar to
the measures described in this Act.
SEC. 5. SANCTIONS AGAINST THE GOVERNMENT OF UKRAINE.
(a) Application and Timing of Sanctions.--Until the President makes
the determination that Ukraine meets all the requirements specified in
subsection (b) and certifies such determination to the appropriate
congressional committees, the President shall direct that the sanctions
described in subsection (c) shall apply immediately with respect to
Ukraine.
(b) Certification.--A certification under this subsection is a
certification transmitted to the appropriate congressional committees
of a determination made by the president that the following has
occurred with respect to Ukraine:
(1) The implementation of free, fair, and transparent
elections for president and Parliament fully consistent with
OSCE standards for democratic elections and in cooperation with
relevant OSCE and Council of Europe institutions.
(2) The cessation of all forms of harassment and repression
against the media, independent trade unions, nongovernmental
organizations, religious organizations, and the political
opposition.
(3) The withdrawal and cessation of politically motivated
legal charges against opposition figures and independent
journalists.
(c) Sanctions Described.--
(1) Denial of entry into united states.--The President
shall direct the Secretary of Homeland Security to deny entry
under section 212(f) of the Immigration and Nationality Act (8
U.S.C. 1182(f)) to the United States of any alien who--
(A) is a senior government official in the current
government of Ukraine; or
(B) is a spouse, minor child, or agent of such an
alien.
(2) Seizure of assets in united states.--The President
shall direct the Office of Foreign Assets Control of the
Department of the Treasury to identify and seize the personal
assets or personal financial accounts in the United States
obtained by improper or illicit means of any alien who--
(A) is a senior government official in the current
government of Ukraine; or
(B) is a spouse, minor child, or agent of such an
alien.
(3) Prohibitions on loans and investment.--The President
shall direct that--
(A) no loan, credit guarantee, insurance,
financing, or other similar financial assistance is
provided on or after the date of the enactment of this
Act by any agency of the United States, including by
the Export-Import Bank of the United States and the
Overseas Private Investment Corporation, to the
Government of Ukraine (except with respect to the
provision of humanitarian goods and agricultural or
medical products); and
(B) no funds made available to the Trade and
Development Agency may be made available on or after
the date of the enactment of this Act for any activity
or project of the Agency in or for Ukraine.
(4) International financial institutions.--The President
shall direct the Secretary of the Treasury to instruct the
United States executive director to each appropriate
international financial institution in which the United States
participates, to oppose and vote against the extension by each
such institution of any loan or financial or technical
assistance or grant to the Government of Ukraine (except for
loans and assistance that serve humanitarian needs).
(d) Waiver.--
(1) In general.--The President may waive the application of
subsection (c)(1), (c)(2), (c)(3), or (c)(4), or any
combination of such subsections, if the President determines--
(A) that it is in the national security interest of
the United States to do so;
(B) that a new president is elected in Ukraine in
November 2004 who--
(i) has corrected the abuses and election
irregularities outlined under section 2; and
(ii) has pledged to conduct a free, fair,
and transparent election in the parliamentary
election scheduled for March 2006; or
(C) that in the case of the application any such
subsection or combination of such subsections to an
individual, such individual was not directly or
indirectly involved in any of the abuses or election
irregularities outlined under section 2.
(2) Certification.--If the President exercises the waiver
under paragraph (1), the President shall submit to the
appropriate congressional committees a report containing the
reasons for such waiver.
SEC. 6. REPORTS.
(a) Dates for Submission.--Not later than 90 days after the date of
the enactment of this Act, and every year thereafter, the President
shall transmit to the appropriate congressional committees a report
containing the information required by subsection (b). In the case of
the second and all subsequent reports, each such report shall contain
such information with respect to the preceding 12-month period.
(b) Contents.--The reports required by subsection (a) shall contain
information regarding the following:
(1) The personal assets and bank accounts of the current
president, prime minister and other senior government officials
of the Government of Ukraine that are located in the United
States or other country, and, if such assets and accounts are
determined to have been acquired through improper or illicit
means, any actions the United States has taken to investigate
and seize such assets and accounts and encourage such other
country to take similar action.
(2) The sale or delivery of weapons or weapons-related
technologies from Ukraine to any country, the government of
which the Secretary of State has determined, for purposes of
section 6(j)(1) of the Export Administration Act of 1979 (50
U.S.C. App. 2405 (j)(1)), has repeatedly provided support for
acts of international terrorism.
(3) An identification of each country described in
paragraph (2) and a detailed description of the weapons or
weapons-related technologies involved in such sale.
(4) An identification of the goods, services, credits, or
other consideration received by Ukraine in exchange for the
weapons or weapons-related technologies involved in such sale.
(c) Form.--A report transmitted pursuant to subsection (a) shall be
in unclassified form but may contain a classified annex.
SEC. 7. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(2) Senior government official.--The term ``senior
government official'' means, with respect to Ukraine--
(A) the president, prime minister, deputy prime
ministers, government ministers; chairmen and members
of state committees, including the Central Election
Commission and regional and local election commissions,
members of the Presidential Administration, members of
Parliament; and the heads of the Security Services,
State Tax Administration, and the State Customs
Services;
(B) any official of the Government of Ukraine who
is personally involved in the suppression of freedom
and free, fair, and transparent elections in Ukraine,
including judges, law enforcement personnel,
prosecutors, regional governors, mayors, and
administrators; and
(C) any other individual determined by the
Secretary of State to be personally involved in the
formulation or execution of policies or activities that
are in contradiction of internationally recognized
human rights and free, fair, and transparent elections
standards. | Constantine Menges Ukraine Democracy and Fair Elections Act of 2004 - States that Congress expresses its: (1) support for democracy, free elections, and respect for human rights and the rule of law in Ukraine; (2) support for the integration of Ukraine into the European community of democracies; and (3) grave concern over the murders and disappearances of independent journalists in Ukraine.
Directs the President to apply specified entry, asset seizure, and investment sanctions to Ukraine until the President certifies to the appropriate congressional committees that Ukraine has: (1) implemented free and transparent elections for president and Parliament; (2) stopped harassment and repression against the media, independent trade unions, nongovernmental organizations, religious organizations, and the political opposition; and (3) stopped politically motivated legal charges against opposition figures and independent journalists.
Authorizes the President to waive such sanctions if: (1) in the national interest; or (2) a new president is elected in Ukraine in 2004 who has corrected election abuses. | {"src": "billsum_train", "title": "To encourage the promotion of democracy, free, fair, and transparent elections, and respect for human rights and the rule of law in Ukraine."} | 2,824 | 204 | 0.594985 | 2.006012 | 0.791781 | 4.246154 | 14.020513 | 0.964103 |
SEC. 1. SHORT TITLE.
This Act may be cited as the ``Taxpayers Right-To-Know Act''.
SEC. 2. AGENCY REQUIREMENTS RELATING TO ANNUAL REPORT ON THE COST AND
PERFORMANCE OF GOVERNMENT PROGRAMS AND AREAS OF
DUPLICATION AMONG PROGRAMS.
(a) Requirement to Identify and Describe Programs.--On an annual
basis, for purposes of the report required by subsection (b), the head
of each agency shall--
(1) identify and describe every program administered by the
agency;
(2) for each such program--
(A) determine the total administrative expenses of
the program;
(B) determine the expenditures for services for the
program;
(C) estimate the number of clients served by the
program and beneficiaries who received assistance under
the program (if applicable); and
(D) estimate--
(i) the number of full-time employees who
administer the program; and
(ii) the number of full-time equivalents
(whose salary is paid in part or full by the
Federal Government through a grant or contract,
a subaward of a grant or contract, a
cooperative agreement, or another form of
financial award or assistance) who assist in
administering the program; and
(3) identify programs within the agency with duplicative or
overlapping missions, services, and allowable uses of funds.
(b) Report.--Not later than February 1 of each fiscal year, the
head of each agency shall create a link on the homepage of the official
public website of the agency to a report containing the following:
(1) Identification and description of programs.--The
information required under subsection (a) with respect to the
preceding fiscal year.
(2) Performance reviews.--The latest performance reviews
(including the program performance reports required under
section 1116 of title 31, United States Code) of each program
of the agency identified under subsection (a)(1), including
performance indicators, performance goals, output measures, and
other specific metrics used to review the program and how the
program performed on each.
(3) Improper payment information.--For all programs and
activities that may be susceptible to significant improper
payments, as identified by the head of the agency under section
2(a) of the Improper Payments Information Act of 2002 (31
U.S.C. 321 note), the latest improper payment rate and the
total estimated amount of improper payments during the
preceding fiscal year, including fraudulent payments and
overpayments.
(4) Expired grant funding.--The total amount of undisbursed
grant funding remaining in grant accounts for which the period
of availability to the grantee has expired.
(5) Recommendations.--Such recommendations as the head of
the agency considers appropriate--
(A) to consolidate programs within the agency that
are duplicative or overlapping;
(B) to eliminate waste and inefficiency; and
(C) to terminate lower priority, outdated, and
unnecessary programs and initiatives.
(c) Relationship to Catalog of Domestic Financial Assistance.--With
respect to the requirements of subsections (a)(1) and (a)(2)(B), the
head of an agency may use the same information provided in the Catalog
of Domestic Financial Assistance if applicable.
(d) Format.--Each agency shall make reports required by subsection
(b) available in a searchable, machine-readable format, and shall
expend no funds for the printing of such reports, except when providing
such documents to the Congress.
SEC. 3. OFFICE OF MANAGEMENT AND BUDGET REQUIREMENTS RELATING TO ANNUAL
REPORT ON THE COST AND PERFORMANCE OF GOVERNMENT PROGRAMS
AND AREAS OF DUPLICATION AMONG PROGRAMS.
(a) Report by Office of Management and Budget.--Not later than
February 1 of each fiscal year, the Director of the Office of
Management and Budget shall publish on the official public website of
the Office of Management and Budget a report containing the following:
(1) Identification of duplicative programs.--An
identification of programs across agencies with duplicative or
overlapping missions, services, and allowable uses of funds.
(2) Recommendations.--Such recommendations as the Director
considers appropriate--
(A) to consolidate programs across agencies that
are duplicative or overlapping;
(B) to eliminate waste and inefficiency; and
(C) to terminate lower priority, outdated, and
unnecessary programs and initiatives.
(b) Relationship to President's Budget.--With respect to the
requirements of subsection (a)(2), the Director may use the same
information provided in the President's annual budget submission, if
applicable.
SEC. 4. DEFINITIONS.
In this Act:
(1) Administrative costs.--The term ``administrative
costs'' has the meaning as determined by the Director of the
Office of Management and Budget under section 504(b)(2) of
Public Law 111-85 (31 U.S.C. 1105 note), except the term shall
also include, for purposes of that section and this section,
with respect to an agency--
(A) costs incurred by the agency as well as costs
incurred by grantees, subgrantees, and other recipients
of funds from a grant program or other program
administered by the agency; and
(B) expenses related to personnel salaries and
benefits, property management, travel, program
management, promotion, reviews and audits, case
management, and communication about, promotion of, and
outreach for programs and program activities
administered by the agency.
(2) Services.--The term ``services'' has the meaning
provided by the Director of the Office of Management and Budget
and shall be limited to only activities, assistance, and aid
that provide a direct benefit to a recipient, such as the
provision of medical care, assistance for housing or tuition,
or financial support (including grants and loans).
(3) Agency.--The term ``agency'' has the same meaning given
that term in section 551(1) of title 5, United States Code,
except that the term also includes offices in the legislative
branch other than the Government Accountability Office.
(4) Performance indicator, performance goal, output
measure, program activity.--The terms ``performance
indicator'', ``performance goal'', ``output measure'', and
``program activity'' have the meanings provided by section 1115
of title 31, United States Code.
(5) Program.--The term ``program'' has the meaning provided
by the Director of the Office of Management and Budget and
shall include, with respect to an agency, any organized set of
activities directed toward a common purpose or goal undertaken
by the agency that includes services, projects, processes, or
financial or other forms of assistance, including grants,
contracts, cooperative agreements, compacts, loans, leases,
technical support, consultation, or other guidance.
SEC. 5. CLASSIFIED INFORMATION.
Nothing in this Act shall be construed to require the disclosure of
classified information.
SEC. 6. REGULATIONS AND IMPLEMENTATION.
(a) Regulations.--Not later than 120 days after the date of the
enactment of this Act, the Director of the Office of Management and
Budget shall prescribe regulations to implement this Act.
(b) Implementation.--This Act shall be implemented beginning with
the first full fiscal year occurring after the date of the enactment of
this Act.
Amend the title so as to read: ``A bill to provide
taxpayers with an annual report disclosing the cost and
performance of Government programs and areas of duplication
among them.''. | Taxpayers Right-To-Know Act - Requires the head of each federal agency, on an annual basis, to: (1) identify and describe every program administered by such agency; (2) determine the total administrative expenses and expenditures for services for each program; (3) estimate the number of clients served by each program and the beneficiaries who received assistance under each program; (4) estimate the number of full-time federal and contract employees who administer each program; and (5) identify federal programs with duplicative or overlapping missions, services, and allowable uses of funds.
Requires each agency head to publish on the agency website, not later than February 1 of each fiscal year, the information required by this Act, the latest performance reviews of each agency program, improper payment rates, the total amount of undisbursed grant funding remaining in grant accounts, and recommendations for consolidating duplicative or overlapping programs, eliminating waste and inefficiency, and terminating lower priority, outdated, and unnecessary programs and initiatives.
Requires the Director of the Office of Management and Budget (OMB), not later than February 1 of each fiscal year, to publish on the OMB website a report that contains: (1) an identification of programs across agencies with duplicative or overlapping missions, services, and allowable uses of funds; and (2) recommendations to consolidate duplicative programs, eliminate waste and inefficiency, and terminate lower priority, outdated, and unnecessary programs and initiatives.
Declares that nothing in this Act shall be construed to require the disclosure of classified information. | {"src": "billsum_train", "title": "To provide taxpayers with an annual report disclosing the cost of, performance by, and areas for improvements for Government programs, and for other purposes."} | 1,659 | 328 | 0.652925 | 2.089122 | 0.843155 | 4.883333 | 4.99 | 0.956667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Early Education Act of 2001''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) In 1989 the Nation's governors established a goal that
all children would have access to high quality early education
programs by the year 2000. As of January 1, 2001, this goal has
still not been achieved.
(2) Research suggests that a child's early years are
critical to the development of the brain. Early brain
development is an important component of educational and
intellectual achievement.
(3) The National Research Council reported that early
education opportunities are necessary if children are going to
develop the language and literacy skills necessary to learn to
read.
(4) Evaluations of early education programs demonstrate
that compared to children with similar backgrounds who have not
participated in early education programs, children who
participate in such programs--
(A) perform better on reading and mathematics
achievement tests;
(B) are more likely to stay academically near their
grade level and make normal academic progress
throughout elementary school;
(C) are less likely to be held back a grade or
require special education services in elementary
school;
(D) show greater learning retention, initiative,
creativity, and social competency; and
(E) are more enthusiastic about school and are more
likely to have good attendance records.
(5) Studies have estimated that for every dollar invested
in quality early education, about 7 dollars are saved in later
costs.
SEC. 3. EARLY EDUCATION.
Title X of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 8001 et seq.) is amended by adding at the end the following:
``PART L--EARLY EDUCATION
``SEC. 10995. EARLY EDUCATION.
``(a) Definition of Early Education.--In this part the term `early
education' means not less than a half-day of schooling each week day
during the academic year preceding the academic year a child enters
kindergarten.
``(b) Purpose.--The purpose of this section is to establish a
program to develop the foundation of early literacy and numerical
training among young children by helping State educational agencies
expand the existing education system to include early education for all
children.
``(c) Program Authorized.--
``(1) In general.--The Secretary is authorized to award
grants to not less than 10 State educational agencies to enable
the State educational agencies to expand the existing education
system with programs that provide early education.
``(2) Matching requirement.--The amount provided to a State
educational agency under paragraph (1) shall not exceed 50
percent of the cost of the program described in the application
submitted pursuant to subsection (d).
``(3) Requirements.--Each program assisted under this
section--
``(A) shall be carried out by one or more local
educational agencies, as selected by the State
educational agency;
``(B) shall be carried out--
``(i) in a public school building; or
``(ii) in another facility by, or through a
contract or agreement with, a local educational
agency;
``(C) shall be available to all children served by
a local educational agency carrying out the program;
and
``(D) shall only involve instructors who are
licensed or certified in accordance with applicable
State law.
``(d) Application.--Each State educational agency desiring a grant
under this section shall submit an application to the Secretary at such
time, in such manner and accompanied by such information as the
Secretary may require. Each application shall--
``(1) include a description of--
``(A) the program to be assisted under this
section; and
``(B) how the program will meet the purpose of this
section; and
``(2) contain a statement of the total cost of the program
and the source of the matching funds for the program.
``(e) Secretarial Authority.--In order to carry out the purpose of
this section, the Secretary--
``(1) shall establish a system for the monitoring and
evaluation of, and shall annually report to Congress regarding,
the programs funded under this section; and
``(2) may establish any other policies, procedures, or
requirements, with respect to the programs.
``(f) Supplement Not Supplant.--Funds made available under this
section shall be used to supplement, not supplant, other Federal,
State, or local funds, including funds provided under Federal programs
such as Head Start and the Even Start Family Literacy Program under
part B of title I.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $300,000,000 for each of the
fiscal years 2002 through 2006''. | Early Education Act of 2001 - Amends the Elementary and Secondary Education Act of 1965 to establish an early education program of grants to States to provide programs for at least half-day schooling during the academic year preceding kindergarten.Authorizes the Secretary of Education to award such matching grants to not less than ten State educational agencies (SEAs) to expand the existing education system with programs that provide such early education.Requires each such assisted program to: (1) be carried out by one or more local educational agencies (LEAs), as selected by the SEA; (2) be carried out in a public school building, or in another facility by, or through a contract or agreement with, an LEA; (3) be available to all children served by the LEA carrying out the program; and (4) only involve licensed or certified instructors. | {"src": "billsum_train", "title": "A bill to establish a program to help States expand the existing education system to include at least 1 year of early education preceding the year a child enters kindergarten."} | 1,033 | 177 | 0.493465 | 1.366263 | 0.875474 | 3.762195 | 6.152439 | 0.932927 |
SECTION 1. PUBLIC PARTICIPATION IN IMPLEMENTING WTO DISPUTE
SETTLEMENTS.
(a) In General.--Section 306(b)(2) of the Trade Act of 1974 (19
U.S.C. 2416(b)(2)) is amended--
(1) by striking ``If the'' and inserting ``(A) Failure to
implement recommendation.--If the''; and
(2) by adding at the end the following:
``(B) Comment on panel and appellate body
reports.--In any case in which a panel or Appellate
Body report is adopted in favor of the United States
pursuant to the dispute settlement proceedings of the
World Trade Organization, the Trade Representative
shall within 90 days of the adoption of the panel
report (or, if the panel report is appealed, within 90
days of the adoption of the Appellate Body report)--
``(i) make publicly available information
on--
``(I) the report,
``(II) the plans of the foreign
country against which the report is
issued to implement the recommendations
contained in the report, and
``(III) the time by which the
foreign country has agreed to implement
the recommendations;
``(ii) seek advice from the appropriate
committee pursuant to section 135; and
``(iii) seek advice from the Committee on
Finance of the Senate and the Committee on Ways
and Means of the House of Representatives and,
where appropriate, from the Committee on
Agriculture, Nutrition, and Forestry of the
Senate and the Committee on Agriculture of the
House of Representatives.
``(C) Comments when reasonable period beyond 220
days.--If, pursuant to paragraph 3 of article 21 of the
Understanding On Rules And Procedures Governing the
Settlement of Disputes of the World Trade Organization,
it is agreed that a foreign country described in
subparagraph (B) shall have a time period of more than
220 days to implement the recommendations of a report
described in subparagraph (B), the Trade Representative
shall 90 days before the expiration of the agreed time
period--
``(i) provide notice and give interested
parties a 30-day period to comment regarding--
``(I) the progress of the foreign
country in implementing the
recommendations;
``(II) any action (including the
implementation of any retaliation list)
that should be taken if the
recommendations are not being
implemented or if the foreign country's
plan for implementing the
recommendations is inconsistent with
the report; and
``(III) any other information that
may be relevant to the Trade
Representative in monitoring the
foreign country's compliance with the
recommendations;
``(ii) submit a report to Congress
regarding the progress made by the foreign
country in implementing the recommendations and
any action the Trade Representative is
considering if the recommendations are not
implemented or if the plan for implementing the
recommendations is inconsistent with the
report; and
``(iii) seek advice from the appropriate
committee pursuant to section 135.
``(D) Comments after agreed time period expires.--
In the case of a panel or Appellate Body report
described in subparagraph (B), the Trade Representative
shall, 60 days after the expiration of the period of
time agreed to for implementation pursuant to article
21 of the Understanding On Rules And Procedures
Governing the Settlement of Disputes of the World Trade
Organization--
``(i) provide notice and give interested
parties a 40-day period to comment regarding
implementation by the foreign country of the
recommendations contained in the report; and
``(ii) 20 days after the close of the
comment period described in clause (i), report
to Congress regarding--
``(I) the foreign country's
implementation of the recommendations;
and
``(II) if the foreign country is
not implementing the recommendations,
the actions the Trade Representative
intends to take under paragraph (1).''.
SEC. 2. UNITED STATES OBJECTIVES WITH RESPECT TO WTO DISPUTE
SETTLEMENTS.
(a) In General.--In any multilateral review of the Understanding of
Rules and Procedures Covering the Settlement of Disputes, the United
States Trade Representative shall seek the adoption of procedures that
would require any WTO member against whom a panel or Appellate Body has
issued a report--
(1) to submit to all interested parties the member's plans
for implementing the recommendations contained in the panel
report (or Appellate Body report, whichever is applicable) not
later than 6 months before the end of the reasonable period
allowed for the implementation; and
(2) to consult with all interested parties regarding the
member's plans for implementing the recommendations so that any
request for modification of the recommendations can be
considered before implementation and before the end of the
reasonable period.
(b) Definitions.--In this section:
(1) Reasonable period.--The term ``reasonable period'' has
the meaning the term has when used in the Understanding of
Rules and Procedures Covering the Settlement of Disputes.
(2) Understanding of rules and procedures covering the
settlement of disputes.--The term ``Understanding of Rules and
Procedures Covering the Settlement of Disputes'' means the
Understanding of Rules and Procedures Covering the Settlement
of Disputes adopted as part of the WTO Agreement.
(3) Uruguay round agreements.--The term ``Uruguay Round
Agreements'' has the meaning given such term in section 2(7) of
the Uruguay Round Agreements Act (19 U.S.C. 3501(7)).
(4) World trade organization.--The term ``World Trade
Organization'' means the organization established pursuant to
the WTO Agreement.
(5) WTO agreement.--The term ``WTO Agreement'' means the
Agreement Establishing The World Trade Organization entered
into on April 15, 1994.
(6) WTO and wto member.--The terms ``WTO'' and ``WTO
member'' have the meanings given those terms in section 2 of
the Uruguay Round Agreements Act (19 U.S.C. 3501). | Amends the Trade Act of 1974 with respect to any dispute settlement panel or Appellate Body report that is adopted in favor of the United States pursuant to the Understanding of Rules and Procedures Covering the Settlement of Disputes of the World Trade Organization (WTO) with regard to the enforcement of U.S. rights under a trade agreement with a foreign country. Directs the United States Trade Representative (USTR), within 90 days of the adoption of the panel report, or if appealed, within 90 days of the adoption of the Appellate Body report, to: (1) make public information contained in such report; and (2) seek advice from the appropriate WTO committee and from specified congressional committees. Requires the USTR, if it is agreed pursuant to the dispute settlement proceedings of the WTO that a foreign country shall have more than 220 days to implement the report's recommendations to: (1) provide notice (90 days before expiration of such time period) and give interested parties a 30-day period to comment on the report; (2) report to Congress regarding progress made by the foreign country in implementing the recommendations, and any action the USTR is considering if such recommendations are not implemented or if the implementation plan is inconsistent with the report; and (3) seek advice from the appropriate WTO committee. Sets forth comment procedures after time period expires.
Directs the USTR in any multilateral review of the dispute settlement procedures of the WTO, to seek adoption of procedures that would require a WTO member against whom a panel or Appellate Body has issued a report to: (1) submit to all interested parties the member's plans for implementing report recommendations not later than six months before the end of the reasonable period allowed for their implementation; and (2) consult with such parties regarding member's plans for implementing such recommendations so that any request for their modification can be considered before implementation and before the end of the reasonable period. | {"src": "billsum_train", "title": "A bill to amend the Trade Act of 1974 to ensure that United States industry is consulted with respect to all aspects of the WTO dispute settlement process."} | 1,336 | 413 | 0.732111 | 2.450596 | 0.852047 | 3.965147 | 3.252011 | 0.935657 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Insurance Capital Standards
Clarification Act of 2014''.
SEC. 2. CLARIFICATION OF APPLICATION OF LEVERAGE AND RISK-BASED CAPITAL
REQUIREMENTS.
Section 171 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act (12 U.S.C. 5371) is amended--
(1) in subsection (a), by adding at the end the following:
``(4) Business of insurance.--The term `business of insurance'
has the same meaning as in section 1002(3).
``(5) Person regulated by a state insurance regulator.--The
term `person regulated by a State insurance regulator' has the same
meaning as in section 1002(22).
``(6) Regulated foreign subsidiary and regulated foreign
affiliate.--The terms `regulated foreign subsidiary' and `regulated
foreign affiliate' mean a person engaged in the business of
insurance in a foreign country that is regulated by a foreign
insurance regulatory authority that is a member of the
International Association of Insurance Supervisors or other
comparable foreign insurance regulatory authority as determined by
the Board of Governors following consultation with the State
insurance regulators, including the lead State insurance
commissioner (or similar State official) of the insurance holding
company system as determined by the procedures within the Financial
Analysis Handbook adopted by the National Association of Insurance
Commissioners, where the person, or its principal United States
insurance affiliate, has its principal place of business or is
domiciled, but only to the extent that--
``(A) such person acts in its capacity as a regulated
insurance entity; and
``(B) the Board of Governors does not determine that the
capital requirements in a specific foreign jurisdiction are
inadequate.
``(7) Capacity as a regulated insurance entity.--The term
`capacity as a regulated insurance entity'--
``(A) includes any action or activity undertaken by a
person regulated by a State insurance regulator or a regulated
foreign subsidiary or regulated foreign affiliate of such
person, as those actions relate to the provision of insurance,
or other activities necessary to engage in the business of
insurance; and
``(B) does not include any action or activity, including
any financial activity, that is not regulated by a State
insurance regulator or a foreign agency or authority and
subject to State insurance capital requirements or, in the case
of a regulated foreign subsidiary or regulated foreign
affiliate, capital requirements imposed by a foreign insurance
regulatory authority.''; and
(2) by adding at the end the following new subsection:
``(c) Clarification.--
``(1) In general.--In establishing the minimum leverage capital
requirements and minimum risk-based capital requirements on a
consolidated basis for a depository institution holding company or
a nonbank financial company supervised by the Board of Governors as
required under paragraphs (1) and (2) of subsection (b), the
appropriate Federal banking agencies shall not be required to
include, for any purpose of this section (including in any
determination of consolidation), a person regulated by a State
insurance regulator or a regulated foreign subsidiary or a
regulated foreign affiliate of such person engaged in the business
of insurance, to the extent that such person acts in its capacity
as a regulated insurance entity.
``(2) Rule of construction on board's authority.--This
subsection shall not be construed to prohibit, modify, limit, or
otherwise supersede any other provision of Federal law that
provides the Board of Governors authority to issue regulations and
orders relating to capital requirements for depository institution
holding companies or nonbank financial companies supervised by the
Board of Governors.
``(3) Rule of construction on accounting principles.--
``(A) In general.--A depository institution holding company
or nonbank financial company supervised by the Board of
Governors of the Federal Reserve that is also a person
regulated by a State insurance regulator that is engaged in the
business of insurance that files financial statements with a
State insurance regulator or the National Association of
Insurance Commissioners utilizing only Statutory Accounting
Principles in accordance with State law, shall not be required
by the Board under the authority of this section or the
authority of the Home Owners' Loan Act to prepare such
financial statements in accordance with Generally Accepted
Accounting Principles.
``(B) Preservation of authority.--Nothing in subparagraph
(A) shall limit the authority of the Board under any other
applicable provision of law to conduct any regulatory or
supervisory activity of a depository institution holding
company or non-bank financial company supervised by the Board
of Governors, including the collection or reporting of any
information on an entity or group-wide basis. Nothing in this
paragraph shall excuse the Board from its obligations to comply
with section 161(a) of the Dodd-Frank Wall Street Reform and
Consumer Protection Act (12 U.S.C. 5361(a)) and section
10(b)(2) of the Home Owners' Loan Act (12 U.S.C. 1467a(b)(2)),
as appropriate.''.
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 June 3, 2014. Insurance Capital Standards Clarification Act of 2014 - Amends the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) concerning establishment of minimum leverage and minimum risk-based capital requirements on a consolidated basis for a depository institution holding company or a nonbank financial company supervised by the Board of Governors of the Federal Reserve System. States that federal banking agencies shall not be required to subject any person to such minimum capital requirements, to the extent that such person either: (1) acts in its capacity as a regulated insurance entity regulated by a state insurance regulator, or (2) is a regulated foreign subsidiary engaged in the business of insurance (including a regulated foreign affiliate of such subsidiary). States that a Board-supervised depository institution holding company or nonbank financial company engaged in the insurance business and regulated by either a state insurance regulator or the National Association of Insurance Commissioners, and which files its holding company financial statements using only Statutory Accounting Principles pursuant to state law, shall not be required by the Board, under this Act or the Home Owners' Loan Act (HOLA), to prepare such financial statements in accordance with Generally Accepted Accounting Principles. Declares that nothing in this Act shall: (1) limit Board authority to conduct any regulatory or supervisory activity of either a depository institution holding company or a non-bank financial company under Board jurisdiction, including the collecting or reporting of any information on an entity or group-wide basis; or (2) excuse the Board from its obligations to comply with Dodd-Frank requirements regarding examination of nonbank financial companies and HOLA requirements regarding examination of savings and loan holding companies. | {"src": "billsum_train", "title": "Insurance Capital Standards Clarification Act of 2014"} | 1,139 | 379 | 0.643367 | 2.152251 | 0.691826 | 4.020772 | 3.077151 | 0.916914 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Workforce Development and
Modernization Partnership Act''.
SEC. 2. AUTHORIZATION.
(a) In General.--From amounts made available to carry out this Act,
the Secretary of Labor (referred to in this Act as the ``Secretary''),
in consultation with the Secretary of Commerce and the Secretary of
Education, shall award grants on a competitive basis to eligible
entities described in subsection (b) to assist each entity to--
(1) help workers improve those job skills that are
necessary for employment by businesses in the industry with
respect to which the entity was established;
(2) help dislocated workers find employment; and
(3) upgrade the operating and competitive capacities of
businesses that are members of the entity.
(b) Eligible Entities.--An eligible entity described in this
subsection is a consortium (either established prior to the date of
enactment of this Act or established specifically to carry out programs
under this Act) that--
(1) shall include--
(A) 2 or more businesses (or nonprofit
organizations representing businesses) that are facing
similar workforce development or business modernization
challenges;
(B) labor organizations, if the businesses
described in subparagraph (A) employ workers who are
covered by collective bargaining agreements; and
(C) 1 or more businesses (or nonprofit
organizations that represent businesses) with resources
or expertise that can be brought to bear on the
workforce development and business modernization
challenges referred to in subparagraph (A); and
(2) may include--
(A) State governments and units of local
government;
(B) educational institutions;
(C) labor organizations; or
(D) nonprofit organizations.
(c) Common Geographic Region.--To the maximum extent practicable,
the organizations that are members of an eligible entity described in
subsection (b) shall be located within a single geographic region of
the United States.
(d) Priority Consideration.--In awarding grants under subsection
(a), the Secretary shall give priority consideration to--
(1) eligible entities that serve dislocated workers or
workers who are threatened with becoming totally or partially
separated from employment;
(2) eligible entities that include businesses with fewer
than 250 employees; or
(3) eligible entities from a geographic region in the
United States that has been adversely impacted by the movement
of manufacturing operations or businesses to other regions or
countries, due to corporate restructuring, technological
advances, Federal law, international trade, or another factor,
as determined by the Secretary.
SEC. 3. PARTNERSHIP ACTIVITIES.
(a) Use of Grant Amounts.--Each eligible entity that receives a
grant under section 2 shall use the amount made available through the
grant to carry out a program that provides--
(1) workforce development activities to improve the job
skills of individuals who have, are seeking, or have been
dislocated from, employment with a business that is a member of
that eligible entity, or with a business that is in the
industry of a business that is a member of that eligible
entity;
(2) business modernization activities; or
(3) activities that are--
(A) workforce investment activities (including such
activities carried out through one-stop delivery
systems) carried out under subtitle B of title I of the
Workforce Investment Act of 1998 (42 U.S.C. 2811 et
seq.); or
(B) activities described in section 25 of the
National Institute of Standards and Technology Act (15
U.S.C. 278k).
(b) Activities Included.--
(1) Workforce development activities.--The workforce
development activities referred to in subsection (a)(1) may
include activities that--
(A) develop skill standards and provide training,
including--
(i) assessing the training and job skill
needs of the industry involved;
(ii) developing a sequence of skill
standards that are benchmarked to advanced
industry practices;
(iii) developing curricula and training
methods;
(iv) purchasing, leasing, or receiving
donations of training equipment;
(v) identifying and developing the skills
of training providers;
(vi) developing apprenticeship programs;
and
(vii) developing training programs for
dislocated workers;
(B) assist workers in finding new employment; or
(C) provide supportive services to workers who--
(i) are participating in a program carried
out by the entity under this Act; and
(ii) are unable to obtain the supportive
services through another program providing the
services.
(2) Business modernization activities.--The business
modernization activities referred to in subsection (a)(2) may
include activities that upgrade technical or organizational
capabilities in conjunction with improving the job skills of
workers in a business that is a member of that entity.
SEC. 4. APPLICATION.
To be eligible to receive a grant under section 2, an entity shall
submit an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may reasonably
require.
SEC. 5. SEED GRANTS AND OUTREACH ACTIVITIES.
(a) Seed Grants.--The Secretary may provide technical assistance
and award financial assistance (not to exceed $150,000 per award) on
such terms and conditions as the Secretary determines to be
appropriate--
(1) to businesses, nonprofit organizations representing
businesses, and labor organizations, for the purpose of
establishing an eligible entity; and
(2) to entities described in paragraph (1) and established
eligible entities, for the purpose of preparing such
application materials as may be required under section 4.
(b) Outreach and Promotional Activities.--The Secretary may
undertake such outreach and promotional activities as the Secretary
determines will best carry out the objectives of this Act.
(c) Limitations on Expenditures.--The Secretary may not use more
than 10 percent of the amount authorized to be appropriated under
section 8 to carry out this section.
SEC. 6. LIMITATIONS ON FUNDING.
(a) Requirement of Matching Funds.--The Secretary may not award a
grant under this Act to an eligible entity unless such entity agrees
that the entity will make available non-Federal contributions toward
the costs of carrying out activities funded by that grant in an
amount that is not less than $2 for each $1 of Federal funds made
available through the grant.
(b) In-Kind Contributions.--The Secretary--
(1) shall, in awarding grants under this Act, give priority
consideration to those entities whose members offer in-kind
contributions; and
(2) may not consider any in-kind contribution in lieu of or
as any part of the contributions required under subsection (a).
(c) Senior Management Training and Development.--An eligible entity
may not use any amount made available through a grant awarded under
this Act for training and development activities for senior management,
unless that entity certifies to the Secretary that expenditures for the
activities are--
(1) an integral part of a comprehensive modernization plan;
or
(2) dedicated to team building or employee involvement
programs.
(d) Performance Measures.--Each eligible entity shall, in carrying
out the activities referred to in section 3, provide for development
of, and tracking of performance according to, performance outcome
measures.
(e) Administrative Costs.--Each eligible entity may use not more
than 20 percent of the amount made available to that entity through a
grant awarded under this Act to pay for administrative costs.
(f) Maximum Amount of Grant.--No eligible entity may receive--
(1) a grant under this Act in an amount of more than
$1,000,000 for any fiscal year; or
(2) grants under this Act in any amount for more than 3
fiscal years.
(g) Support for Existing Operations.--
(1) In general.--In making grants under this Act, the
Secretary may use a portion equal to not more than 50 percent
of the funds appropriated to carry out this Act for a fiscal
year, to support the existing training and modernization
operations of existing eligible entities.
(2) Entities.--The Secretary may award a grant to an
existing eligible entity for existing training and
modernization operations only if the entity--
(A) currently offers (as of the date of the award
of the grant) a combination of training, modernization,
and business assistance services;
(B) targets industries with jobs that traditionally
have low wages;
(C) targets industries that are faced with chronic
job loss; and
(D) has demonstrated success in accomplishing the
objectives of activities described in section 3.
(3) Application.--Paragraph (1) shall not apply to support
for the expansion of training and modernization operations of
existing eligible entities.
(4) Definitions.--In this subsection:
(A) Existing training and modernization activity.--
The term ``existing training and modernization
activity'' means a training and modernization activity
carried out prior to the date of enactment of this Act.
(B) Existing eligible entity.--The term ``existing
eligible entity'' means an eligible entity that was
established prior to the date of enactment of this Act.
SEC. 7. EVALUATION.
Not later than 3 years after the date of the enactment of this Act,
the Secretary shall prepare and submit to Congress a report on the
effectiveness of the activities carried out under this Act.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act--
(1) $10,000,000 for fiscal year 2003;
(2) $15,000,000 for fiscal year 2004;
(3) $20,000,000 for fiscal year 2005;
(4) $25,000,000 for fiscal year 2006; and
(5) $30,000,000 for fiscal year 2007. | Community Workforce Development and Modernization Partnership Act - Directs the Secretary of Labor to make competitive matching grants to eligible consortia (partnerships) to: (1) help workers improve job skills necessary for employment by businesses in the industry with respect to which the entity was established; (2) help dislocated workers find employment; and (3) upgrade the operating and competitive capacities of businesses that are members of the partnership.Requires such partnerships to include: (1) two or more businesses (or nonprofit organizations representing businesses) facing similar workforce development or business modernization challenges; (2) labor organizations, if such businesses employ workers covered by collective bargaining agreements; and (3) one or more businesses (or nonprofit organizations representing businesses) with resources or expertise that bear on such workforce development and business modernization challenges. Allows inclusion of: (1) State and local governments; (2) educational institutions; (3) labor organizations; or (4) nonprofit organizations.Requires priority consideration for partnerships that: (1) serve dislocated workers or workers threatened with becoming totally or partially separated from employment; (2) include businesses with fewer than 250 employees; or (3) are from a geographic region that has been adversely impacted by the movement of manufacturing operations or businesses to other regions or countries, due to corporate restructuring, technological advances, Federal law, international trade, or other factors.Sets forth partnership program requirements and authorized activities for workforce development and business modernization. Authorizes the Secretary to: (1) provide technical assistance and seed grants to help establish such partnerships; and (2) undertake outreach and promotional activities for purposes of this Act. | {"src": "billsum_train", "title": "To provide for the creation of private-sector-led Community Workforce Partnerships, and for other purposes."} | 2,062 | 322 | 0.763626 | 2.338078 | 1.039428 | 4.45283 | 6.232704 | 0.943396 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Security Officer Screening
Improvement Act of 2014''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Integrated Automated Fingerprint Identification
System of the Federal Bureau of Investigation maintains
fingerprints and criminal history records on more than
71,000,000 individuals.
(2) Congress has worked with the States to make criminal
history background checks available to employers of private
security officers through the Private Security Officer
Employment Authorization Act of 2004 (28 U.S.C. 534 note) and
statutes enacted by dozens of States in compliance with Public
Law 92-544. However, there are still numerous persons employed
as private security officers, entrusted to safeguard and
protect people and property, who do not undergo criminal
history background checks authorized by Federal and State law.
SEC. 3. BACKGROUND CHECKS.
The National Child Protection Act of 1993 (42 U.S.C. 5119 et seq.)
is amended--
(1) by redesignating section 5 as section 6; and
(2) by inserting after section 4 the following:
``SEC. 5. PROGRAM FOR NATIONAL CRIMINAL HISTORY BACKGROUND CHECKS.
``(a) Definitions.--In this section--
``(1) the term `background check designee' means the entity
designated by the Attorney General under subsection (b)(3) to
carry out the duties described in subsection (c);
``(2) the term `covered entity' means any person that
employs a private security officer;
``(3) the term `covered individual' means an individual who
is employed or applying for employment as a private security
officer;
``(4) the term `criminal history review designee' means the
entity designated by the Attorney General under subsection
(b)(2) to carry out the criminal history review program;
``(5) the term `criminal history review program' means the
program established under subsection (d);
``(6) the term `qualified State program' means a program of
a State authorized agency that provides access to national
criminal history background checks, as authorized by Federal or
State law;
``(7) the term `private security officer' has the meaning
given the term in subsection (c)(3) of the Private Security
Officer Employment Authorization Act of 2004 (28 U.S.C. 534
note); and
``(8) the term `State' means a State of the United States,
the District of Columbia, the Commonwealth of Puerto Rico,
American Samoa, the Virgin Islands, Guam, the Commonwealth of
the Northern Mariana Islands, the Federated States of
Micronesia, the Republic of the Marshall Islands, and the
Republic of Palau.
``(b) Establishment of Program.--
``(1) Purpose.--The purpose of this subsection is to
facilitate widespread access to State and national criminal
history background checks, not otherwise authorized by Federal
or State law, on private security officers and prospective
private security officers.
``(2) In general.--Not later than 1 year after the date of
enactment of the Security Officer Screening Improvement Act of
2014, the Attorney General shall establish--
``(A) policies and procedures to carry out the
duties described in subsection (c); and
``(B) a criminal history review program in
accordance with subsection (d).
``(3) Designees.--The Attorney General may designate 1 or
more Federal Government agencies to carry out the duties
described in subsection (c).
``(c) Access to State and National Background Checks.--
``(1) Duties.--The Attorney General shall--
``(A) inform covered entities about how to request
State and national background checks--
``(i) for covered entities located in a
State with a qualified State program, by
referring the covered entity to the State
authorized agency; or
``(ii) for covered entities located in a
State without a qualified State program, by
providing information on alternative methods of
obtaining a State and national background
check;
``(B) complete a check of the national criminal
history background check system; and
``(C) provide information received in response to
such national criminal history background check to the
criminal history review designee.
``(2) Required information.--A request for a State and
national criminal history background check shall include--
``(A) the fingerprints of the covered individual;
``(B) other documents required by State law for a
State criminal history background check; and
``(C) the appropriate fee.
``(3) Fees.--The Attorney General shall, in addition to the
fee for the non-criminal justice, non-law enforcement national
criminal history background check authorized under title II of
the Department of Justice Appropriations Act, 1991 under the
heading `salaries and expenses' under the heading `Federal
Bureau of Investigation' (Public Law 101-105; 28 U.S.C. 534
note)--
``(A) collect a fee to offset the costs of carrying
out the duties described in subsection (d), in an
amount equal to the cost of conducting the criminal
history review; and
``(B) remit such fee to the Federal Bureau of
Investigation.
``(d) Criminal History Review Program.--
``(1) Purpose.--The purpose of this subsection is to
provide covered entities with reliable and accurate information
regarding the fitness of the covered individuals for performing
security services.
``(2) Requirements.--The Attorney General or designee
shall--
``(A) establish procedures to securely receive
criminal history records;
``(B) make determinations regarding whether the
criminal history records received in response to a
criminal history background check conducted under this
section indicate that the covered individual has a
criminal history that may bear on the covered
individual's fitness to perform security services; and
``(C) convey to the covered entity that submitted
the request for a State and national criminal history
background check--
``(i) the fitness and suitability of the
covered individual based solely on the criteria
described in paragraph (3); and
``(ii) instructions and guidance that the
covered entity should consult the Equal
Employment Opportunity Commission Enforcement
Guidance #915.002, dated April 25, 2012,
`Consideration of Arrest and Conviction Records
in Employment Decisions under Title VII of the
Civil Rights Act of 1964', or any successor
thereto, issued by the United States Equal
Employment Opportunity Commission.
``(3) Criminal history review criteria.--In determining
whether a criminal history record indicates that a covered
individual has a criminal history that may bear on the fitness
of the covered individual to perform security services, the
Attorney General or designee shall employ the criteria used to
evaluate individuals under the Private Security Officer
Employment Authorization Act of 2004 (28 U.S.C. 534 note).
``(4) Application processing.--
``(A) In general.--The Attorney General shall
establish the process by which a covered entity in a
State without a qualified State program may obtain a
State and national criminal history background check.
``(B) Challenge to completeness of record.--A
covered individual may challenge the completeness of
any information in the criminal history record of the
individual by contacting the Federal Bureau of
Investigation under the procedure set out in section
16.34 of title 28, Code of Federal Regulations, or any
successor thereto.
``(5) Participation in program.--The Attorney General or
designee shall determine whether an entity is a covered entity.
``(6) Privacy of information.--
``(A) In general.--Any entity authorized to receive
or transmit fingerprints or criminal history records
under this section--
``(i) shall use the fingerprints, criminal
history records, or information in the criminal
history records only for the purposes
specifically set forth in this section; and
``(ii) shall maintain adequate security
measures to ensure the confidentiality of the
fingerprints, the criminal history records, and
the information in the criminal history
records.
``(B) Retention of fingerprints by the fbi.--In
accordance with State or Federal procedures, for the
purpose of providing fingerprint verification, criminal
investigation or subsequent hit notification services,
or for the retention of criminal history, the Federal
Bureau of Investigation may retain any fingerprints
submitted to the Federal Bureau of Investigation under
this section.
``(7) Rule of construction.--Nothing in this subsection
shall be construed to change or replace any background check
program authorized by Federal or State law on the day before
the date of enactment of the Security Officer Screening
Improvement Act of 2014.''. | Security Officer Screening Improvement Act of 2014 - Amends the National Child Protection Act of 1993 to direct the Attorney General to establish policies and procedures for: (1) informing entities that employ private security officers about how to request state and national background checks on officers and applicants, and (2) completing a check of the national criminal history background check system and providing information received to the entity designated by the Attorney General to carry out the criminal history review program. Requires a request for such a check to include the fingerprints of the covered individual, other documents required by state law for a state criminal history background check, and the appropriate fee, which shall be remitted to the Federal Bureau of Investigation (FBI), to offset the costs of conducting the criminal history review. Requires the Attorney General (or such designee) to: (1) establish a criminal history review program to provide requesting entities with information on the criminal history of officers or applicants; (2) establish procedures to securely receive criminal history records; (3) make determinations regarding whether such records indicate that the officer or applicant has a criminal history that may bear on his or her fitness to perform security services; and (4) convey to the requesting entity such determinations and guidance that the entity should consult the Equal Employment Opportunity Commission Enforcement Guidance #915.002, dated April 25, 2012, and entitled "Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act of 1964." Authorizes the FBI to retain any fingerprints submitted to it under this Act. | {"src": "billsum_train", "title": "Security Officer Screening Improvement Act of 2014"} | 1,890 | 326 | 0.624386 | 1.874698 | 0.834823 | 3.95 | 5.98 | 0.923333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Northern Mariana Islands College
Access Act of 2010''.
SEC. 2. PURPOSE.
It is the purpose of this Act to establish a program that enables
college-bound residents of the Northern Mariana Islands to have greater
choices among institutions of higher education.
SEC. 3. PUBLIC SCHOOL GRANTS.
(a) Grants.--
(1) In general.--From amounts appropriated under subsection
(i), the Governor shall award grants to eligible institutions
that enroll eligible students to pay the difference between the
tuition and fees charged for in-State students and the tuition
and fees charged for out-of-State students on behalf of each
eligible student enrolled in the eligible institution.
(2) Maximum student amounts.--The amount paid on behalf of
an eligible student under this section shall be--
(A) not more than $15,000 for any one award year
(as defined in section 481 of the Higher Education Act
of 1965 (20 U.S.C. 1088)); and
(B) not more than $75,000 in the aggregate.
(3) Proration.--The Governor shall prorate payments under
this section for students who attend an eligible institution on
less than a full-time basis.
(b) Reduction for Insufficient Appropriations.--
(1) In general.--If the funds appropriated pursuant to
subsection (i) for any fiscal year are insufficient to award a
grant in the amount determined under subsection (a) on behalf
of each eligible student enrolled in an eligible institution,
then the Governor, in consultation with the Secretary of
Education, shall--
(A) first, ratably reduce the amount of the tuition
and fee payment made on behalf of each eligible student
who has not received funds under this section for a
preceding year; and
(B) after making reductions under subparagraph (A),
ratably reduce the amount of the tuition and fee
payments made on behalf of all other eligible students.
(2) Adjustments.--The Governor, in consultation with the
Secretary of Education, may adjust the amount of tuition and
fee payments made under paragraph (1) based on--
(A) the financial need of the eligible students to
avoid undue hardship to the eligible students; or
(B) undue administrative burdens on the Governor.
(3) Further adjustments.--Notwithstanding paragraphs (1)
and (2), the Governor may prioritize the making or amount of
tuition and fee payments under this subsection based on the
income and need of eligible students.
(c) Definitions.--In this section:
(1) Eligible institution.--The term ``eligible
institution'' means an institution that--
(A) is a public four-year institution of higher
education located in one of the several States, the
District of Columbia, Puerto Rico, or Guam;
(B) is eligible to participate in the student
financial assistance programs under title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070 et seq.);
and
(C) enters into an agreement with the Governor
containing such conditions as the Governor may specify,
including a requirement that the institution use the
funds made available under this section to supplement
and not supplant assistance that otherwise would be
provided to eligible students from the Northern Mariana
Islands.
(2) Eligible student.--The term ``eligible student'' means
an individual who--
(A) was domiciled in the Northern Mariana Islands
for not less than the 12 consecutive months preceding
the commencement of the freshman year at an institution
of higher education;
(B) graduated from a secondary school in the
Northern Mariana Islands, or received the recognized
equivalent of a secondary school diploma while
domiciled in the Northern Mariana Islands, on or after
January 1, 2008;
(C) begins the individual's undergraduate course of
study within the three calendar years (excluding any
period of service on active duty in the Armed Forces,
or service under the Peace Corps Act (22 U.S.C. 2501 et
seq.) or subtitle D of title I of the National and
Community Service Act of 1990 (42 U.S.C. 12571 et
seq.)) of graduation from a secondary school, or
obtaining the recognized equivalent of a secondary
school diploma;
(D) is enrolled or accepted for enrollment, on at
least a half-time basis, in a baccalaureate degree or
other program (including a program of study abroad
approved for credit by the institution at which such
student is enrolled) leading to a recognized
educational credential at an eligible institution;
(E) if enrolled in an eligible institution, is
maintaining satisfactory progress in the course of
study the student is pursuing in accordance with
section 484(c) of the Higher Education Act of 1965 (20
U.S.C. 1091(c)); and
(F) has not completed the individual's first
undergraduate baccalaureate course of study.
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(4) Governor.--The term ``Governor'' means the Governor of
the Commonwealth of the Northern Mariana Islands.
(5) Secondary school.--The term ``secondary school'' has
the meaning given that term under section 14101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(d) Construction.--Nothing in this Act shall be construed to
require an institution of higher education to alter the institution's
admissions policies or standards in any manner to enable an eligible
student to enroll in the institution.
(e) Applications.--Each student desiring a tuition payment under
this section shall submit an application to the eligible institution at
such time, in such manner, and accompanied by such information as the
eligible institution may require.
(f) Administration of Program.--
(1) In general.--The Governor shall carry out the program
under this section in consultation with the Secretary. The
Governor may enter into a grant, contract, or cooperative
agreement with another public or private entity to administer
the program under this section if the Governor determines that
doing so is a more efficient way of carrying out the program.
(2) Policies and procedures.--The Governor, in consultation
with institutions of higher education eligible for
participation in the program authorized under this section,
shall develop policies and procedures for the administration of
the program.
(3) Memorandum of agreement.--The Governor and the
Secretary shall enter into a Memorandum of Agreement that
describes--
(A) the manner in which the Governor shall consult
with the Secretary with respect to administering the
program under this section; and
(B) any technical or other assistance to be
provided to the Governor by the Secretary for purposes
of administering the program under this section (which
may include access to the information in the common
financial reporting form developed under section 483 of
the Higher Education Act of 1965 (20 U.S.C. 1090)).
(g) Governor's Report.--The Governor shall report to Congress
annually regarding--
(1) the number of eligible students attending each eligible
institution and the amount of the grant awards paid to those
institutions on behalf of the eligible students;
(2) the extent, if any, to which a ratable reduction was
made in the amount of tuition and fee payments made on behalf
of eligible students; and
(3) the progress in obtaining recognized academic
credentials of the cohort of eligible students for each year.
(h) GAO Report.--Beginning on the date of the enactment of this
Act, the Comptroller General of the United States shall monitor the
effect of the program assisted under this section on educational
opportunities for eligible students. The Comptroller General shall
analyze whether eligible students had difficulty gaining admission to
eligible institutions because of any preference afforded in-State
residents by eligible institutions, and shall expeditiously report any
findings regarding such difficulty to Congress and the Governor. In
addition the Comptroller General shall--
(1) analyze the extent to which there are an insufficient
number of eligible institutions to which Northern Mariana
Islands students can gain admission, including admission aided
by assistance provided under this Act, due to--
(A) caps on the number of out-of-State students the
institution will enroll;
(B) significant barriers imposed by academic
entrance requirements (such as grade point average and
standardized scholastic admissions tests); and
(C) absence of admission programs benefitting
minority students; and
(2) report the findings of the analysis described in
paragraph (1) and the assessment described in paragraph (2) to
Congress and the Governor.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to the Commonwealth of the Northern Mariana Islands to
carry out this section $10,000,000 for each of the fiscal years 2010
through 2015, and such sums as may be necessary for each of the
succeeding fiscal years. Such funds shall remain available until
expended.
(j) Effective Date.--This section shall take effect with respect to
payments for periods of instruction that begin on or after January 1,
2010.
SEC. 4. GENERAL REQUIREMENTS.
(a) Personnel.--The Secretary of Education shall arrange for the
assignment of an individual, pursuant to subchapter VI of chapter 33 of
title 5, United States Code, to serve as an adviser to the Governor
with respect to the programs assisted under this Act.
(b) Administrative Expenses.--The Governor may use not more than 5
percent of the funds made available for a program under section 3 for a
fiscal year to pay the administrative expenses of a program under
section 3 for the fiscal year.
(c) Inspector General Review.--Each of the programs assisted under
this Act shall be subject to audit and other review by the Inspector
General of the Department of Education in the same manner as programs
are audited and reviewed under the Inspector General Act of 1978 (5
U.S.C. App.).
(d) Gifts.--The Governor may accept, use, and dispose of donations
of services or property for purposes of carrying out this Act.
(e) Maximum Student Amount Adjustments.--The Governor shall
establish rules to adjust the maximum student amounts described in
section 3(a)(2)(B) for eligible students described in section 3(c)(2)
who transfer between the eligible institutions described in section
3(c)(1)(A). | Northern Mariana Islands College Access Act of 2010 - Directs the Governor of the Northern Mariana Islands to use federal funds authorized by this Act to award grants to public four-year institutions of higher education (IHEs) located in the states, the District of Columbia, Puerto Rico, or Guam to cover the difference between the in-state and out-of-state tuition and fees for students who have: (1) been domiciled in the Northern Mariana Islands for at least the 12 months preceding their enrollment in the IHE; and (2) received on or after January 1, 2008, a secondary school diploma or its equivalent while domiciled there.
Requires the Comptroller General to monitor the progam's effectiveness in expanding educational opportunities for such students. | {"src": "billsum_train", "title": "To establish a program that enables college-bound residents of the Northern Mariana Islands to have greater choices among institutions of higher education, and for other purposes."} | 2,284 | 160 | 0.561033 | 1.567826 | 0.759615 | 3.152778 | 14.673611 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Farmers and Family Fishermen
Protection Act of 2002''.
SEC. 2. PERMANENT REENACTMENT OF CHAPTER 12.
(a) Reenactment.--
(1) In general.--Chapter 12 of title 11, United States
Code, as reenacted by section 149 of division C of the Omnibus
Consolidated and Emergency Supplemental Appropriations Act,
1999 (Public Law 105-277), is hereby reenacted, and as here
reenacted is amended by this Act.
(2) Effective date.--Subsection (a) shall take effect on
the date of the enactment of this Act.
(b) Conforming Amendment.--Section 302 of the Bankruptcy Judges,
United States Trustees, and Family Farmer Bankruptcy Act of 1986 (28
U.S.C. 581 note) is amended by striking subsection (f).
SEC. 3. DEBT LIMIT INCREASE.
Section 104(b) of title 11, United States Code, is amended by
inserting ``101(18),'' after ``sections'' each place it appears.
SEC. 4. CERTAIN CLAIMS OWED TO GOVERNMENTAL UNITS.
(a) Contents of Plan.--Section 1222(a)(2) of title 11, United
States Code, is amended to read as follows:
``(2) provide for the full payment, in deferred cash
payments, of all claims entitled to priority under section 507,
unless--
``(A) the claim is a claim owed to a governmental
unit that arises as a result of the sale, transfer,
exchange, or other disposition of any farm asset used
in the debtor's farming operation, in which case the
claim shall be treated as an unsecured claim that is
not entitled to priority under section 507, but the
debt shall be treated in such manner only if the debtor
receives a discharge; or
``(B) the holder of a particular claim agrees to a
different treatment of that claim;''.
(b) Special Notice Provisions.--Section 1231(b) of title 11, United
States Code, as so designated by this Act, is amended by striking ``a
State or local governmental unit'' and inserting ``any governmental
unit''.
SEC. 5. DEFINITION OF FAMILY FARMER.
Section 101(18) of title 11, United States Code, is amended--
(1) in subparagraph (A)--
(A) by striking ``$1,500,000'' and inserting
``$3,237,000''; and
(B) by striking ``80'' and inserting ``50''; and
(2) in subparagraph (B)(ii)--
(A) by striking ``$1,500,000'' and inserting
``$3,237,000''; and
(B) by striking ``80'' and inserting ``50''.
SEC. 6. ELIMINATION OF REQUIREMENT THAT FAMILY FARMER AND SPOUSE
RECEIVE OVER 50 PERCENT OF INCOME FROM FARMING OPERATION
IN YEAR PRIOR TO BANKRUPTCY.
Section 101(18)(A) of title 11, United States Code, is amended by
striking ``for the taxable year preceding the taxable year'' and
inserting the following:
``for--
``(i) the taxable year preceding; or
``(ii) each of the 2d and 3d taxable years
preceding;
the taxable year''.
SEC. 7. PROHIBITION OF RETROACTIVE ASSESSMENT OF DISPOSABLE INCOME.
(a) Confirmation of Plan.--Section 1225(b)(1) of title 11, United
States Code, is amended--
(1) in subparagraph (A) by striking ``or'' at the end;
(2) in subparagraph (B) by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(C) the value of the property to be distributed under the
plan in the 3-year period, or such longer period as the court
may approve under section 1222(c), beginning on the date that
the first distribution is due under the plan is not less than
the debtor's projected disposable income for such period.''.
(b) Modification of Plan.--Section 1229 of title 11, United States
Code, is amended by adding at the end the following:
``(d) A plan may not be modified under this section--
``(1) to increase the amount of any payment due before the
plan as modified becomes the plan;
``(2) by anyone except the debtor, based on an increase in
the debtor's disposable income, to increase the amount of
payments to unsecured creditors required for a particular month
so that the aggregate of such payments exceeds the debtor's
disposable income for such month; or
``(3) in the last year of the plan by anyone except the
debtor, to require payments that would leave the debtor with
insufficient funds to carry on the farming operation after the
plan is completed.''.
SEC. 8. FAMILY FISHERMEN.
(a) Definitions.--Section 101 of title 11, United States Code, is
amended--
(1) by inserting after paragraph (7) the following:
``(7A) `commercial fishing operation' means--
``(A) the catching or harvesting of fish, shrimp,
lobsters, urchins, seaweed, shellfish, or other aquatic
species or products of such species; or
``(B) for purposes of section 109 and chapter 12,
aquaculture activities consisting of raising for market
any species or product described in subparagraph (A);
``(7B) `commercial fishing vessel' means a vessel used by a
family fisherman to carry out a commercial fishing
operation;''; and
(2) by inserting after paragraph (19) the following:
``(19A) `family fisherman' means--
``(A) an individual or individual and spouse
engaged in a commercial fishing operation--
``(i) whose aggregate debts do not exceed
$1,500,000 and not less than 80 percent of
whose aggregate noncontingent, liquidated debts
(excluding a debt for the principal residence
of such individual or such individual and
spouse, unless such debt arises out of a
commercial fishing operation), on the date the
case is filed, arise out of a commercial
fishing operation owned or operated by such
individual or such individual and spouse; and
``(ii) who receive from such commercial
fishing operation more than 50 percent of such
individual's or such individual's and spouse's
gross income for the taxable year preceding the
taxable year in which the case concerning such
individual or such individual and spouse was
filed; or
``(B) a corporation or partnership--
``(i) in which more than 50 percent of the
outstanding stock or equity is held by--
``(I) 1 family that conducts the
commercial fishing operation; or
``(II) 1 family and the relatives
of the members of such family, and such
family or such relatives conduct the
commercial fishing operation; and
``(ii)(I) more than 80 percent of the value
of its assets consists of assets related to the
commercial fishing operation;
``(II) its aggregate debts do not exceed
$1,500,000 and not less than 80 percent of its
aggregate noncontingent, liquidated debts
(excluding a debt for 1 dwelling which is owned
by such corporation or partnership and which a
shareholder or partner maintains as a principal
residence, unless such debt arises out of a
commercial fishing operation), on the date the
case is filed, arise out of a commercial
fishing operation owned or operated by such
corporation or such partnership; and
``(III) if such corporation issues stock,
such stock is not publicly traded;
``(19B) `family fisherman with regular annual income' means
a family fisherman whose annual income is sufficiently stable
and regular to enable such family fisherman to make payments
under a plan under chapter 12 of this title;''.
(b) Who May Be a Debtor.--Section 109(f) of title 11, United States
Code, is amended by inserting ``or family fisherman'' after ``family
farmer''.
(c) Chapter 12.--Chapter 12 of title 11, United States Code, is
amended--
(1) in the chapter heading, by inserting ``OR FISHERMAN''
after ``FAMILY FARMER'';
(2) in section 1203, by inserting ``or commercial fishing
operation'' after ``farm''; and
(3) in section 1206, by striking ``if the property is
farmland or farm equipment'' and inserting ``if the property is
farmland, farm equipment, or property used to carry out a
commercial fishing operation (including a commercial fishing
vessel)''.
(d) Clerical Amendment.--In the table of chapters for title 11,
United States Code, the item relating to chapter 12, is amended to read
as follows:
``12. Adjustments of Debts of a Family Farmer or Family 1201''.
Fisherman with Regular Annual
Income.
(e) Applicability.--Nothing in this section shall change, affect,
or amend the Fishery Conservation and Management Act of 1976 (16 U.S.C.
1801 et seq.).
SEC. 9. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
This Act and the amendments made by this Act shall take effect on
the date of the enactment of this Act and shall not apply with respect
to cases commenced under title 11 of the United States Code before such
date. | Family Farmers and Family Fishermen Protection Act of 2002 - Amends the Federal Bankruptcy Code to reenact Chapter 12, Adjustment of Debts of a Family Farmer with Regular Annual Income (thus reinstating permanently family farmer bankruptcy relief).Provides periodic adjustments for inflation of the debt limit for family farmers.Cites circumstances under which the claim of a governmental unit that arises from the disposition of a farm asset used in the debtor's farming operation shall be treated as an unsecured claim not entitled to priority.Increases from $1.5 million to $3.237 million the maximum aggregate debt that permits a farming operation to qualify as a family farming operation for debt adjustment purposes. Decreases from 80 percent to 50 percent the minimum percentage of aggregate, noncontingent liquidated debts arising out of such farming operation.Repeals the requirement that a family farmer and spouse receive over 50 percent of income from farming operations in the year before a bankruptcy petition is filed.Prohibits: (1) retroactive assessment of disposable income; and (2) post-confirmation modification of a bankruptcy plan that would increase the amount of payments that were due before such modification. Requires debtor's consent for post-confirmation increase in payments.Extends Chapter 12 coverage to family fishermen whose aggregate debts do not exceed $1.5 million, of which at least 80 percent of aggregate noncontingent, liquidated debts arise out of a commercial fishing operation. | {"src": "billsum_train", "title": "To amend title 11 of the United States Code to protect family farmers and family fishermen."} | 2,222 | 323 | 0.576928 | 1.696406 | 0.892417 | 2.488281 | 7.582031 | 0.847656 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Forest Service Cost Reduction and
Efficiency Demonstration Act of 1997''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Budgetary reductions and project delays caused by
litigation have reduced certain levels of accomplishments and
resource outputs by the Forest Service in recent years, with
the result that many targets and goals of land and resource
management plans that were developed with years of public and
scientific input are not being met.
(2) Certain staffing levels of the Forest Service have been
reduced in recent years, but not to the extent that related
accomplishments and resource outputs have been reduced.
(3) Per unit costs and overhead of the Forest Service are
rising substantially.
(4) Staffing reductions and retirements have cost the
Forest Service substantial expertise in certain technical and
scientific disciplines.
(5) Technical and scientific expertise relevant to Forest
Service needs is available in the private sector.
(6) Contractor performance of certain tasks would be less
costly than performing those tasks using Forest Service
personnel, would free agency personnel to devote their time to
necessary tasks now being left undone, and would provide the
Forest Service with the ability to maintain an on-demand
skilled workforce to meet changing demands on public lands.
SEC. 3. PURPOSE.
The purpose of this Act is to implement Government reform, reduce
costs, and increase efficiency in the Forest Service, which has been
designated as a reinvention laboratory by the Vice President, and to
demonstrate that contractor performance of certain Forest Service tasks
can lower the cost, improve the efficiency, and increase the
accomplishment of tasks necessary to achieve the targets, goals, and
desired forest conditions established by final land and resource
management plans developed as required by section 6 of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604).
SEC. 4. CONTRACTOR PERFORMANCE OF CERTAIN FOREST SERVICE TASKS.
(a) Establishment of National Forest System Efficiency Fund.--There
is established in the Office of the Secretary of Agriculture a fund to
be known as the ``National Forest System Efficiency Fund'', which shall
be available to the Secretary as provided in this section. The Fund
shall consist of one percent of the amount appropriated for the
National Forest System account of the Forest Service budget for each of
the next three fiscal years beginning after the date of the enactment
of this Act. No other funds are authorized to be appropriated to carry
out this section.
(b) Duration of Fund.--Amounts in the Fund are available for
obligation during the three fiscal years referred to in subsection (a)
and are available for expenditure until all obligations incurred under
this section are paid.
(c) Use of Fund for Contractor Performance.--Amounts in the Fund
are available for obligation by units of the National Forest System to
pay for the contractor performance of tasks related to the planning and
implementation of programs and projects in the National Forest System.
The total amount expended shall be distributed among the various
resource fields in approximately the same proportions as the total
National Forest System budget is distributed to the resource fields in
appropriation Acts.
(d) Application and Approval Process.--The Secretary of Agriculture
shall provide for an efficient and timely system of application for,
and approval of, the use of amounts in the Fund for the purpose
specified in subsection (c). The Secretary may designate particular
units of the National Forest System as special demonstration units for
purposes of this section.
(e) Exemption From Contracting Requirements for Small Contracts.--
In the case of a contract under $50,000 to be entered into under this
section using amounts in the Fund, the preparation, solicitation, and
award of the contract shall be exempt from--
(1) the requirements of the Competition in Contracting Act
(41 U.S.C. 253 et seq.) and the implementing regulations in the
Federal Acquisition Regulation issued pursuant to section 25(c)
of the Office of Federal Procurement Policy Act (41 U.S.C.
421(c)) and any departmental acquisition regulations; and
(2) the notice and publication requirements in section 18
of such Act (41 U.S.C. 416) and section 8(e) of the Small
Business Act (15 U.S.C. 637(e)) and the implementing
regulations in the Federal Acquisition Regulations and any
departmental acquisition regulations.
(f) Administrative Expenses.--A unit of the National Forest System
entering into a contract under this section shall be permitted to
receive from the Fund for credit to the unit's account for unit
administration and overhead directly related to the contract an amount
equal to not more than 20 percent of the contract price.
(g) Use of Fund by Regional and National Offices.--Not more than
five percent annually of amounts in the Fund may be used in connection
with contracts entered into by regional offices of the Forest Service.
None of the amounts in the Fund may be used in connection with
contracts entered into by the national office of the Forest Service.
(h) Retention of Decisionmaking Following Public Input.--Tasks
related to planning and implementation of programs and projects
requiring public input prior to decisionmaking may be contracted out in
accordance with this section, except that the Secretary of Agriculture
shall ensure that final consideration of public input and
decisionmaking following that consideration is made by an appropriate
officer of the Forest Service.
(i) Reports to Congress.--Not later than six months after the end
of each fiscal year during which amounts are expended from the Fund,
the Secretary of Agriculture shall submit to Congress a report on the
tasks undertaken during the preceding fiscal year pursuant to contracts
entered into under this section. The report shall include information
on costs saved as a result of using private contractors and the
additional accomplishments of Forest Service employees during the time
saved by using private contractors and recommendations for further
expansion of the authority provided by this section.
(j) Other Contracting Authorities.--This section shall not be
construed as in any way eliminating, restricting, or replacing any
other authority for the Secretary of Agriculture to contract out any
tasks of the Forest Service. The Secretary shall continue to make use
of other available contracting authority, including the use of
expedited fire contracting procedures. | Forest Service Cost Reduction and Efficiency Demonstration Act of 1997 - Establishes in the Office of the Secretary of Agriculture the National Forest System Efficiency Fund which shall be used to pay for Forest System contractor performance work. Authorizes the Secretary to designate particular Forest System demonstration units.
Exempts certain small contracts from specified contracting requirements.
Authorizes a specified percentage of annual appropriations for use by regional Forest Service offices. | {"src": "billsum_train", "title": "Forest Service Cost Reduction and Efficiency Demonstration Act of 1997"} | 1,331 | 94 | 0.51377 | 1.283374 | 0.646117 | 2.675325 | 16.350649 | 0.883117 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Critical Electric Infrastructure
Protection Act''.
SEC. 2. CRITICAL ELECTRIC INFRASTRUCTURE SECURITY.
(a) Critical Electric Infrastructure Security.--Part II of the
Federal Power Act (16 U.S.C. 824 et seq.) is amended by adding after
section 215 the following new section:
``SEC. 215A. CRITICAL ELECTRIC INFRASTRUCTURE SECURITY.
``(a) Definitions.--For purposes of this section:
``(1) Bulk-power system; electric reliability organization;
regional entity.--The terms `bulk-power system', `Electric
Reliability Organization', and `regional entity' have the
meanings given such terms in paragraphs (1), (2), and (7) of
section 215(a), respectively.
``(2) Critical electric infrastructure.--The term `critical
electric infrastructure' means a system or asset, whether
physical or virtual, used for the generation, transmission, or
distribution of electric energy affecting interstate commerce,
the incapacity or destruction of which would negatively affect
national security, economic security, public health or safety,
or any combination of such matters.
``(3) Critical electric infrastructure information.--The
term `critical electric infrastructure information' means
information related to critical electric infrastructure, or
proposed critical electrical infrastructure, generated by or
provided to the Commission, other than classified national
security information, that is designated as critical electric
infrastructure information by the Commission under subsection
(d)(2).
``(4) Defense critical electric infrastructure.--The term
`defense critical electric infrastructure' means any
infrastructure located in the United States (including the
territories) used for the generation, transmission, or
distribution of electric energy that--
``(A) is not part of the bulk-power system; and
``(B) serves a facility designated by the Secretary
pursuant to subsection (c), but is not owned or
operated by the owner or operator of such facility.
``(5) Electromagnetic pulse.--The term `electromagnetic
pulse' means 1 or more pulses of electromagnetic energy emitted
by a device capable of disabling or disrupting operation of, or
destroying, electronic devices or communications networks,
including hardware, software, and data, by means of such a
pulse.
``(6) Geomagnetic storm.--The term `geomagnetic storm'
means a temporary disturbance of the Earth's magnetic field
resulting from solar activity.
``(7) Grid security emergency.--The term `grid security
emergency' means the imminent danger of--
``(A)(i) a malicious act using electronic
communication or an electromagnetic pulse, or a
geomagnetic storm event, that could disrupt the
operation of those electronic devices or communications
networks, including hardware, software, and data, that
are essential to the reliability of the bulk-power
system or of defense critical electric infrastructure;
and
``(ii) disruption of the operation of such devices
or networks, with significant adverse effects on the
reliability of the bulk-power system or of defense
critical electric infrastructure, as a result of such
act or event; or
``(B)(i) a direct physical attack on the bulk-power
system or on defense critical electric infrastructure;
and
``(ii) significant adverse effects on the
reliability of the bulk-power system or of defense
critical electric infrastructure as a result of such
physical attack.
``(8) Secretary.--The term `Secretary' means the Secretary
of Energy.
``(b) Authority To Address Grid Security Emergency.--
``(1) Authority.--Whenever the President issues and
provides to the Secretary a written directive or determination
identifying a grid security emergency, the Secretary may, with
or without notice, hearing, or report, issue such orders for
emergency measures as are necessary in the judgment of the
Secretary to protect the reliability of the bulk-power system
or of defense critical electric infrastructure during such
emergency. As soon as practicable but not later than 180 days
after the date of enactment of this section, the Secretary
shall, after notice and opportunity for comment, establish
rules of procedure that ensure that such authority can be
exercised expeditiously.
``(2) Notification of congress.--Whenever the President
issues and provides to the Secretary a written directive or
determination under paragraph (1), the President shall promptly
notify congressional committees of relevant jurisdiction,
including the Committee on Energy and Commerce of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate, of the contents of, and justification
for, such directive or determination.
``(3) Consultation.--Before issuing an order for emergency
measures under paragraph (1), the Secretary shall, to the
extent practicable in light of the nature of the grid security
emergency and the urgency of the need for action, consult with
appropriate governmental authorities in Canada and Mexico,
entities described in paragraph (4), the Commission, and other
appropriate Federal agencies regarding implementation of such
emergency measures.
``(4) Application.--An order for emergency measures under
this subsection may apply to--
``(A) the Electric Reliability Organization;
``(B) a regional entity; or
``(C) any owner, user, or operator of the bulk-
power system or of defense critical electric
infrastructure within the United States.
``(5) Expiration and reissuance.--
``(A) In general.--Except as provided in
subparagraph (B), an order for emergency measures
issued under paragraph (1) shall expire no later than
30 days after its issuance.
``(B) Extensions.--The Secretary may reissue an
order for emergency measures issued under paragraph (1)
for subsequent periods, not to exceed 30 days for each
such period, provided that the President, for each such
period, issues and provides to the Secretary a written
directive or determination that the grid security
emergency identified under paragraph (1) continues to
exist or that the emergency measure continues to be
required.
``(6) Cost recovery.--
``(A) Bulk-power system.--If the Commission
determines that owners, operators, or users of the
bulk-power system have incurred substantial costs to
comply with an order for emergency measures issued
under this subsection and that such costs were
prudently incurred and cannot reasonably be recovered
through regulated rates or market prices for the
electric energy or services sold by such owners,
operators, or users, the Commission shall, after notice
and an opportunity for comment, establish a mechanism
that permits such owners, operators, or users to
recover such costs.
``(B) Defense critical electric infrastructure.--To
the extent the owner or operator of defense critical
electric infrastructure is required to take emergency
measures pursuant to an order issued under this
subsection, the owners or operators of a facility or
facilities designated by the Secretary pursuant to
subsection (c) that rely upon such infrastructure shall
bear the full incremental costs of the measures.
``(7) Temporary access to classified information.--The
Secretary, and other appropriate Federal agencies, shall, to
the extent practicable and consistent with their obligations to
protect classified information, provide temporary access to
classified information related to a grid security emergency for
which emergency measures are issued under paragraph (1) to key
personnel of any entity subject to such emergency measures to
enable optimum communication between the entity and the
Secretary and other appropriate Federal agencies regarding the
grid security emergency.
``(c) Designation of Critical Defense Facilities.--Not later than
180 days after the date of enactment of this section, the Secretary, in
consultation with other appropriate Federal agencies and appropriate
owners, users, or operators of infrastructure that may be defense
critical electric infrastructure, shall identify and designate
facilities located in the United States (including the territories)
that are--
``(1) critical to the defense of the United States; and
``(2) vulnerable to a disruption of the supply of electric
energy provided to such facility by an external provider.
The Secretary may, in consultation with appropriate Federal agencies
and appropriate owners, users, or operators of defense critical
electric infrastructure, periodically revise the list of designated
facilities as necessary.
``(d) Protection and Sharing of Critical Electric Infrastructure
Information.--
``(1) Protection of critical electric infrastructure
information.--Critical electric infrastructure information--
``(A) shall be exempt from disclosure under section
552(b)(3) of title 5, United States Code; and
``(B) shall not be made available by any State,
local, or tribal authority pursuant to any State,
local, or tribal law requiring disclosure of
information or records.
``(2) Designation and sharing of critical electric
infrastructure information.--The Commission shall promulgate
such regulations and issue such orders as necessary to--
``(A) designate information as critical electric
infrastructure information;
``(B) prohibit the unauthorized disclosure of
critical electric infrastructure information;
``(C) ensure there are appropriate sanctions in
place for commissioners, officers, employees, or agents
of the Commission who knowingly and willfully disclose
critical electric infrastructure information in a
manner that is not authorized under this section; and
``(D) provide standards for and authorize the
appropriate voluntary sharing of critical electric
infrastructure information with, between, and by--
``(i) Federal, State, local, and tribal
authorities;
``(ii) the Electric Reliability
Organization;
``(iii) regional entities;
``(iv) Information Sharing and Analysis
Centers established pursuant to Presidential
Decision Directive 63;
``(v) owners, operators, and users of the
bulk-power system in the United States; and
``(vi) other entities determined
appropriate by the Commission.
``(3) Considerations.--In promulgating regulations and
issuing orders under paragraph (2), the Commission shall take
into consideration the role of State commissions in reviewing
the prudence and cost of investments, determining the rates and
terms of conditions for electric services, and ensuring the
safety and reliability of the bulk-power system and
distribution facilities within their respective jurisdictions.
``(4) Protocols.--The Commission shall, in consultation
with Canadian and Mexican authorities, develop protocols for
the voluntary sharing of critical electric infrastructure
information with, between, and by Canadian and Mexican
authorities and owners, operators, and users of the bulk-power
system outside the United States.
``(5) No required sharing of information.--Nothing in this
section shall require a person or entity in possession of
critical electric infrastructure information to share such
information with Federal, State, local, or tribal authorities,
or any other person or entity.
``(6) Disclosure of non-critical electric infrastructure
information.--In implementing this section, the Commission
shall segregate critical electric infrastructure information
within documents and electronic communications, wherever
feasible, to facilitate disclosure of information that is not
designated as critical electric infrastructure information.
``(e) Security Clearances.--The Secretary shall facilitate and, to
the extent practicable, expedite the acquisition of adequate security
clearances by key personnel of any entity subject to the requirements
of this section, to enable optimum communication with Federal agencies
regarding threats to the security of the critical electric
infrastructure. The Secretary, the Commission, and other appropriate
Federal agencies shall, to the extent practicable and consistent with
their obligations to protect classified and critical electric
infrastructure information, share timely actionable information
regarding grid security with appropriate key personnel of owners,
operators, and users of the critical electric infrastructure.
``(f) Clarifications of Liability.--
``(1) Compliance with or violation of this act.--Except as
provided in paragraph (4), to the extent any action or omission
taken by an entity that is necessary to comply with an order
for emergency measures issued under subsection (b)(1),
including any action or omission taken to voluntarily comply
with such order, results in noncompliance with, or causes such
entity not to comply with any rule, order, regulation, or
provision of this Act, including any reliability standard
approved by the Commission pursuant to section 215, such action
or omission shall not be considered a violation of such rule,
order, regulation, or provision.
``(2) Relation to section 202(c).--Except as provided in
paragraph (4), an action or omission taken by an owner,
operator, or user of the bulk-power system or of defense
critical electric infrastructure to comply with an order for
emergency measures issued under subsection (b)(1) shall be
treated as an action or omission taken to comply with an order
issued under section 202(c) for purposes of such section.
``(3) Sharing or receipt of information.--No cause of
action shall lie or be maintained in any Federal or State court
for the sharing or receipt of information under, and that is
conducted in accordance with, subsection (d).
``(4) Rule of construction.--Nothing in this subsection
shall be construed to require dismissal of a cause of action
against an entity that, in the course of complying with an
order for emergency measures issued under subsection (b)(1) by
taking an action or omission for which they would be liable but
for paragraph (1) or (2), takes such action or omission in a
grossly negligent manner.''.
(b) Conforming Amendments.--
(1) Jurisdiction.--Section 201(b)(2) of the Federal Power
Act (16 U.S.C. 824(b)(2)) is amended by inserting ``215A,''
after ``215,'' each place it appears.
(2) Public utility.--Section 201(e) of the Federal Power
Act (16 U.S.C. 824(e)) is amended by inserting ``215A,'' after
``215,''. | Critical Electric Infrastructure Protection Act Amends the Federal Power Act to authorize the Department of Energy (DOE), with or without notice, hearing, or report, to issue orders for emergency measures to protect the reliability of either the bulk-power system or the defense critical electric infrastructure whenever the President issues a written directive or determination identifying an imminent grid security emergency. Requires the President to notify specified congressional committees promptly whenever the President issues such a directive. Instructs DOE, before issuing an order for such emergency measures, to the extent practicable in light of the nature of the grid security emergency and the urgency of the need for action, to consult with governmental authorities in Canada and Mexico, regarding implementation of the emergency measures. Prescribes: (1) implementation procedures (including expiration and reissuance of emergency orders); and (2) related cost recovery measures affecting owners, operators, or users of the bulk-power system. Requires DOE, to the extent practicable and consistent with obligations to protect classified information, to provide temporary access to classified information relating to a grid security emergency to key personnel of relevant entities in order to optimize communications between them and federal agencies. Requires DOE to identify facilities in the U.S. and its territories that are: (1) critical to the defense of the United States, and (2) vulnerable to a disruption of the supply of electric energy provided by an external provider. Exempts critical electric infrastructure information from mandatory disclosure under the Freedom of Information Act. Directs the Federal Energy Regulatory Commission to: (1) designate critical electric infrastructure information, and (2) prescribe regulations and orders prohibiting its unauthorized disclosure but also authorizing appropriate voluntary sharing with federal, state, local, and tribal authorities. Shields a person or entity in possession of critical electric infrastructure information from any cause of action for sharing or receiving information that was done in accordance with this Act. | {"src": "billsum_train", "title": "Critical Electric Infrastructure Protection Act"} | 2,981 | 394 | 0.559336 | 1.768292 | 0.669708 | 3.794521 | 7.79726 | 0.90137 |
PROCEDURES.
(a) In General.--Section 7123 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(c) Availability of Dispute Resolutions.--
``(1) In general.--The procedures prescribed under
subsection (b)(1) and the pilot program established under
subsection (b)(2) shall provide that a taxpayer may request
mediation or arbitration in any case unless the Secretary has
specifically excluded the type of issue involved in such case
or the class of cases to which such case belongs as not
appropriate for resolution under such subsection. The Secretary
shall make any determination that excludes a type of issue or a
class of cases public within 5 working days and provide an
explanation for each determination.
``(2) Independent mediators.--
``(A) In general.--The procedures prescribed under
subsection (b)(1) shall provide the taxpayer an
opportunity to elect to have the mediation conducted by
an independent, neutral individual not employed by the
Office of Appeals.
``(B) Cost and selection.--
``(i) In general.--Any taxpayer making an
election under subparagraph (A) shall be
required--
``(I) to share the costs of such
independent mediator equally with the
Office of Appeals, and
``(II) to limit the selection of
the mediator to a roster of recognized
national or local neutral mediators.
``(ii) Exception.--Clause (i)(I) shall not
apply to any taxpayer who is an individual or
who was a small business in the preceding
calendar year if such taxpayer had an adjusted
gross income that did not exceed 250 percent of
the poverty level, as determined in accordance
with criteria established by the Director of
the Office of Management and Budget, in the
taxable year preceding the request.
``(iii) Small business.--For purposes of
clause (ii), the term `small business' has the
meaning given such term under section
41(b)(3)(D)(iii).
``(3) Availability of process.--The procedures prescribed
under subsection (b)(1) and the pilot program established under
subsection (b)(2) shall provide the opportunity to elect
mediation or arbitration at the time when the case is first
filed with the Office of Appeals and at any time before
deliberations in the appeal commence.''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act.
SEC. 9. EXTENSION OF TIME FOR CONTESTING IRS LEVY.
(a) Extension of Time for Return of Property Subject to Levy.--
Subsection (b) of section 6343 of the Internal Revenue Code of 1986 is
amended by striking ``9 months'' and inserting ``3 years''.
(b) Period of Limitation on Suits.--Subsection (c) of section 6532
of the Internal Revenue Code of 1986 is amended--
(1) in paragraph (1) by striking ``9 months'' and inserting
``3 years'', and
(2) in paragraph (2) by striking ``9-month'' and inserting
``3-year''.
(c) Effective Date.--The amendments made by this section shall
apply to--
(1) levies made after the date of the enactment of this
Act, and
(2) levies made on or before such date if the 9-month
period has not expired under section 6343(b) of the Internal
Revenue Code of 1986 (without regard to this section) as of
such date.
SEC. 10. WAIVER OF INSTALLMENT AGREEMENT FEE.
(a) In General.--Section 6159 of the Internal Revenue Code of 1986
is amended by redesignating subsection (f) as subsection (g) and by
inserting after subsection (e) the following new subsection:
``(f) Waiver of Installment Agreement Fee.--The Secretary shall
waive the fees imposed on installment agreements under this section for
any taxpayer with an adjusted gross income that does not exceed 250
percent of the poverty level, as determined in accordance with criteria
established by the Director of the Office of Management and Budget, and
who has agreed to make payments under the installment agreement by
electronic payment through a debit instrument.''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act.
SEC. 11. SUSPENSION OF RUNNING OF PERIOD FOR FILING PETITION OF SPOUSAL
RELIEF AND COLLECTION CASES.
(a) Petitions for Spousal Relief.--
(1) In general.--Subsection (e) of section 6015 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(6) Suspension of running of period for filing petition
in title 11 cases.--In the case of a person who is prohibited
by reason of a case under title 11, United States Code, from
filing a petition under paragraph (1)(A) with respect to a
final determination of relief under this section, the running
of the period prescribed by such paragraph for filing such a
petition with respect to such final determination shall be
suspended for the period during which the person is so
prohibited from filing such a petition, and for 60 days
thereafter.''.
(2) Effective date.--The amendment made by this subsection
shall apply to petitions filed under section 6015(e) of the
Internal Revenue Code of 1986 after the date of the enactment
of this Act.
(b) Collection Proceedings.--
(1) In general.--Subsection (d) of section 6330 of the
Internal Revenue Code of 1986 is amended--
(A) by striking ``appeal such determination to the
Tax Court'' in paragraph (1) and inserting ``petition
the Tax Court for review of such determination'',
(B) by striking ``Judicial review of
determination'' in the heading of paragraph (1) and
inserting ``Petition for review by tax court'',
(C) by redesignating paragraph (2) as paragraph
(3), and
(D) by inserting after paragraph (1) the following
new paragraph:
``(2) Suspension of running of period for filing petition
in title 11 cases.--In the case of a person who is prohibited
by reason of a case under title 11, United States Code, from
filing a petition under paragraph (1) with respect to a
determination under this section, the running of the period
prescribed by such subsection for filing such a petition with
respect to such determination shall be suspended for the period
during which the person is so prohibited from filing such a
petition, and for 30 days thereafter.''.
(2) Conforming amendment.--Subsection (c) of section 6320
of such Code is amended by striking ``(2)(B)'' and inserting
``(3)(B)''.
(3) Effective date.--The amendments made by this subsection
shall apply to petitions filed under section 6330 of the
Internal Revenue Code of 1986 after the date of the enactment
of this Act.
SEC. 12. VENUE FOR APPEAL OF SPOUSAL RELIEF AND COLLECTION CASES.
(a) In General.--Paragraph (1) of section 7482(b) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``or'' at the end of subparagraph (E),
(2) by striking the period at the end of subparagraph (F)
and inserting a comma, and
(3) by inserting after subparagraph (F) the following new
subparagraphs:
``(G) in the case of a petition under section
6015(e), the legal residence of the petitioner, or
``(H) in the case of a petition under section 6320
or 6330--
``(i) the legal residence of the petitioner
if the petitioner is an individual, and
``(ii) the principal place of business or
principal office or agency if the petitioner is
an entity other than an individual.''.
(b) Effective Date.--The amendments made by this section shall
apply to petitions filed after the date of enactment of this Act.
SEC. 13. INCREASE IN MONETARY PENALTIES FOR CERTAIN UNAUTHORIZED
DISCLOSURES OF INFORMATION.
(a) In General.--Paragraphs (1), (2), (3), and (4) of section
7213(a) of the Internal Revenue Code of 1986 are each amended by
striking ``$5,000'' and inserting ``$10,000''.
(b) Effective Date.--The amendments made by this section shall
apply to disclosures made after the date of the enactment of this Act.
SEC. 14. DE NOVO TAX COURT REVIEW OF CLAIMS FOR EQUITABLE INNOCENT
SPOUSE RELIEF.
(a) In General.--Subparagraph (A) of section 6015(e)(1) of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new flush sentence:
``Any review of a determination by the Secretary with
respect to a claim for equitable relief under
subsection (f) shall be reviewed de novo by the Tax
Court.''.
(b) Effective Date.--The amendment made by this section shall apply
to petitions filed or pending before the Tax Court on and after the
date of the enactment of this Act.
SEC. 15. BAN ON RAISING NEW ISSUES ON APPEAL.
(a) In General.--Chapter 77 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new section:
``SEC. 7529. PROHIBITION ON INTERNAL REVENUE SERVICE RAISING NEW ISSUES
IN AN INTERNAL APPEAL.
``(a) In General.--In reviewing an appeal of any determination
initially made by the Internal Revenue Service, the Internal Revenue
Service Office of Appeals may not consider or decide any issue that is
not within the scope of the initial determination.
``(b) Certain Issues Deemed Outside of Scope of Determination.--For
purposes of subsection (a), the following matters shall be considered
to be not within the scope of a determination:
``(1) Any issue that was not raised in a notice of
deficiency or an examiner's report which is the subject of the
appeal.
``(2) Any deficiency in tax which was not included in the
initial determination.
``(3) Any theory or justification for a tax deficiency
which was not considered in the initial determination.
``(c) No Inference With Respect to Issues Raised by Taxpayers.--
Nothing in this section shall be construed to provide any limitation in
addition to any limitations in effect on the date of the enactment of
this section on the right of a taxpayer to raise an issue, theory, or
justification on an appeal from a determination initially made by the
Internal Revenue Service that was not within the scope of the initial
determination.''.
(b) Clerical Amendment.--The table of sections for chapter 77 of
such Code is amended by adding at the end the following new item:
``Sec. 7529. Prohibition on Internal Revenue Service raising new issues
in an internal appeal.''.
(c) Effective Date.--The amendments made by this section shall
apply to matters filed or pending with the Internal Revenue Service
Office of Appeals on or after the date of the enactment of this Act. | Small Business Taxpayer Bill of Rights Act of 2013 - Amends the Internal Revenue Code to: (1) allow businesses with average annual gross receipts of not more than $50,000 that prevail in an administrative or court proceeding involving the determination, collection, or refund of tax, interest, or penalty to recover their costs incurred in such proceedings; (2) increase the amount of civil damages against Internal Revenue Service (IRS) officers or employees for reckless, intentional, or negligent disregard of internal revenue laws and extend from two to five years the period for bringing a claim for damages; (3) increase the penalties against federal officers or employees for unlawful acts in connection with internal revenue laws and for unauthorized disclosures or inspections of tax returns; and (4) allow a taxpayer whose interest abatement claim does not exceed $50,000 to elect to bring a small tax case petition in U.S. Tax Court. Prohibits ex parte communications between officers in the IRS Office of Appeals and other IRS employees with respect to matters pending before such officers and employees. Authorizes new alternative dispute resolution procedures for taxpayer disputes with the IRS. Extends to three years: (1) the period in which taxpayer property that has been wrongfully levied upon may be returned, and (2) the period for bringing suit against the United States for a wrongful tax levy. Authorizes the waiver of the fee for establishing an installment agreement for payment of tax for certain low-income taxpayers who agree to make electronic debit payments. Allows a taxpayer seeking review of a claim for innocent spouse relief or of a collection case in U.S. Tax Court a 60-day suspension of the period for filing a petition for such review when the U.S. Bankruptcy Court has issued an automatic stay in a bankruptcy case involving the taxpayer's claim. Allows de novo review in U.S. Tax Court of any determination by the IRS with respect to a claim for equitable innocent spouse relief. Prohibits the IRS Office of Appeals from considering or deciding any new issue in an internal appeal that is not within the scope of the initial determination made in a taxpayer's case. | {"src": "billsum_train", "title": "Small Business Taxpayer Bill of Rights Act of 2013"} | 2,574 | 462 | 0.465901 | 1.431046 | 0.622003 | 1.475124 | 5.646766 | 0.738806 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Unemployment Compensation Extension
Act of 2009''.
SEC. 2. ADDITIONAL EMERGENCY UNEMPLOYMENT COMPENSATION.
(a) In General.--Section 4002 of the Supplemental Appropriations
Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended by
adding at the end the following:
``(d) Further Additional Emergency Unemployment Compensation.--
``(1) In general.--If, at the time that the amount added to
an individual's account under subsection (c)(1) (hereinafter
`additional emergency unemployment compensation') is exhausted
or at any time thereafter, such individual's State is in an
extended benefit period (as determined under paragraph (2)),
such account shall be further augmented by an amount
(hereinafter `further additional emergency unemployment
compensation') equal to the lesser of--
``(A) 50 percent of the total amount of regular
compensation (including dependents' allowances) payable
to the individual during the individual's benefit year
under the State law; or
``(B) 13 times the individual's average weekly
benefit amount (as determined under subsection (b)(2))
for the benefit year.
``(2) Extended benefit period.--For purposes of paragraph
(1), a State shall be considered to be in an extended benefit
period, as of any given time, if such a period would then be in
effect for such State under the Federal-State Extended
Unemployment Compensation Act of 1970 if--
``(A) section 203(d) of such Act--
``(i) were applied by substituting `6' for
`5' each place it appears; and
``(ii) did not include the requirement
under paragraph (1)(A) thereof; or
``(B) section 203(f) of such Act were applied to
such State--
``(i) regardless of whether or not the
State had by law provided for its application;
``(ii) by substituting `8.5' for `6.5' in
paragraph (1)(A)(i) thereof; and
``(iii) as if it did not include the
requirement under paragraph (1)(A)(ii) thereof.
``(3) Coordination rule.--Notwithstanding an election under
section 4001(e) by a State to provide for the payment of
emergency unemployment compensation prior to extended
compensation, such State may pay extended compensation to an
otherwise eligible individual prior to any further additional
emergency unemployment compensation, if such individual claimed
extended compensation for at least 1 week of unemployment after
the exhaustion of additional emergency unemployment
compensation.
``(4) Limitation.--The account of an individual may be
augmented not more than once under this subsection.''.
(b) Conforming Amendment to Non-Augmentation Rule.--Section
4007(b)(2) of the Supplemental Appropriations Act, 2008 (Public Law
110-252; 26 U.S.C. 3304 note) is amended--
(1) by striking ``then section 4002(c)'' and inserting
``then subsections (c) and (d) of section 4002''; and
(2) by striking ``paragraph (2) of such section)'' and
inserting ``paragraph (2) of such subsection (c) or (d) (as the
case may be))''.
(c) Transfer of Funds.--Section 4004(e)(1) of the Supplemental
Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is
amended by striking ``Act;'' and inserting ``Act and the Unemployment
Compensation Extension Act of 2009;''.
(d) Effective Date.--The amendments made by this section shall
apply as if included in the enactment of the Supplemental
Appropriations Act, 2008, except that no amount shall be payable by
virtue of such amendments with respect to any week of unemployment
commencing before the date of the enactment of this Act.
SEC. 3. 0.2 PERCENT FUTA SURTAX.
(a) In General.--Section 3301 of the Internal Revenue Code of 1986
(relating to rate of tax) is amended--
(1) by striking ``through 2009'' in paragraph (1) and
inserting ``through 2010'', and
(2) by striking ``calendar year 2010'' in paragraph (2) and
inserting ``calendar year 2011''.
(b) Effective Date.--The amendments made by this section shall
apply to wages paid after December 31, 2009.
SEC. 4. REPORTING OF FIRST DAY OF EARNINGS TO DIRECTORY OF NEW HIRES.
(a) In General.--Section 453A(b)(1)(A) of the Social Security Act
(42 U.S.C. 653a(b)(1)(A)) is amended by inserting ``the date services
for remuneration were first performed by the employee,'' after ``of the
employee,''.
(b) Reporting Format and Method.--Section 453A(c) of the Social
Security Act (42 U.S.C. 653a(c)) is amended by inserting ``, to the
extent practicable,'' after ``Each report required by subsection (b)
shall''.
(c) Effective Date.--
(1) In general.--Subject to paragraph (2), the amendments
made by this section shall take effect six months after the
date of enactment of this Act.
(2) Compliance transition period.--If the Secretary of
Health and Human Services determines that State legislation
(other than legislation appropriating funds) is required in
order for a State plan under part D of title IV of the Social
Security Act to meet the additional requirements imposed by the
amendment made by subsection (a), the plan shall not be
regarded as failing to meet such requirements before the first
day of the second calendar quarter beginning after the close of
the first regular session of the State legislature that begins
after the effective date of such amendment. If the State has a
2-year legislative session, each year of the session is deemed
to be a separate regular session of the State legislature.
SEC. 5. COLLECTION IN ALL STATES OF UNEMPLOYMENT COMPENSATION DUE TO
FRAUD.
(a) In General.--Subsection (f) of section 6402 of the Internal
Revenue Code of 1986 is amended by striking paragraph (3) and
redesignating paragraphs (4) through (8) as paragraphs (3) through (7),
respectively.
(b) Effective Date.--The amendment made by this section shall apply
to refunds payable on or after the date of the enactment of this Act. | Unemployment Compensation Extension Act of 2009 - Amends the Supplemental Appropriations Act, 2008 with respect to the state-established individual emergency unemployment compensation account (EUCA). Requires a further additional Tier-3 period for deposits to an individual's EUCA, using the current formula, if, at the time the amount added to such individual's account under the Act is exhausted or at any time thereafter, the individual's state is in an extended benefit period.
Prescribes a formula for determining if a state is in an extended benefit period.
Allows the Tier-3 period augmentation to be applied to the individual's EUCA only once.
Authorizes a state to pay extended compensation to an otherwise eligible individual before any further additional emergency unemployment compensation (EUC), if such individual claimed extended compensation for at least one week of unemployment after the exhaustion of additional EUC.
Amends the Internal Revenue Code to extend from 2009 through 2010 the 6.2% surtax on employers under the Federal Unemployment Tax Act (FUTA). Delays the scheduled 2010 reduction in the surtax to 6% until 2011.
Amends title IV part D (Child Support and Establishment of Paternity) of the Social Security Act to require an employer to report to the state Directory of New Hires, in addition to other information, the date services for remuneration were first performed by a newly hired employee.
Qualifies the requirement that an employer file new hire reports on a W-4 or equivalent form by adding the phrase "to the extent practicable."
Amends the Internal Revenue Code to revise conditions for state collection of unemployment compensation debts resulting from fraud. Repeals the limitation to residents of the state seeking such an offset of the requirement that the Secretary of the Treasury reduce an individual's overpayment of federal income tax to offset any covered unemployment compensation debt the individual owes such state. (Literally, repeals the requirement that the address shown on the federal tax return for the taxable year of the overpayment be an address within the state seeking the offset.) Permits the Secretary to make such an offset regardless of whether the person resides in the state seeking it. | {"src": "billsum_train", "title": "A bill to amend the Supplemental Appropriations Act, 2008 to provide for the temporary availability of certain additional emergency unemployment compensation, and for other purposes."} | 1,526 | 473 | 0.587746 | 1.842766 | 0.713532 | 1.955 | 3.255 | 0.775 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wireless Communications and Public
Safety Act of 1999''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) the establishment and maintenance of an end-to-end
communications infrastructure among members of the public,
emergency safety, fire service and law enforcement officials,
emergency dispatch providers, transportation officials, and
hospital emergency and trauma care facilities will reduce response
times for the delivery of emergency care, assist in delivering
appropriate care, and thereby prevent fatalities, substantially
reduce the severity and extent of injuries, reduce time lost from
work, and save thousands of lives and billions of dollars in health
care costs;
(2) the rapid, efficient deployment of emergency
telecommunications service requires statewide coordination of the
efforts of local public safety, fire service and law enforcement
officials, emergency dispatch providers, and transportation
officials; the establishment of sources of adequate funding for
carrier and public safety, fire service and law enforcement agency
technology development and deployment; the coordination and
integration of emergency communications with traffic control and
management systems and the designation of 9-1-1 as the number to
call in emergencies throughout the Nation;
(3) emerging technologies can be a critical component of the
end-to-end communications infrastructure connecting the public with
emergency medical service providers and emergency dispatch
providers, public safety, fire service and law enforcement
officials, and hospital emergency and trauma care facilities, to
reduce emergency response times and provide appropriate care;
(4) improved public safety remains an important public health
objective of Federal, State, and local governments and
substantially facilitates interstate and foreign commerce;
(5) emergency care systems, particularly in rural areas of the
Nation, will improve with the enabling of prompt notification of
emergency services when motor vehicle crashes occur; and
(6) the construction and operation of seamless, ubiquitous, and
reliable wireless telecommunications systems promote public safety
and provide immediate and critical communications links among
members of the public; emergency medical service providers and
emergency dispatch providers; public safety, fire service and law
enforcement officials; transportation officials, and hospital
emergency and trauma care facilities.
(b) Purpose.--The purpose of this Act is to encourage and
facilitate the prompt deployment throughout the United States of a
seamless, ubiquitous, and reliable end-to-end infrastructure for
communications, including wireless communications, to meet the Nation's
public safety and other communications needs.
SEC. 3. UNIVERSAL EMERGENCY TELEPHONE NUMBER.
(a) Establishment of Universal Emergency Telephone Number.--Section
251(e) of the Communications Act of 1934 (47 U.S.C. 251(e)) is amended
by adding at the end the following new paragraph:
``(3) Universal emergency telephone number.--The Commission and
any agency or entity to which the Commission has delegated
authority under this subsection shall designate 9-1-1 as the
universal emergency telephone number within the United States for
reporting an emergency to appropriate authorities and requesting
assistance. The designation shall apply to both wireline and
wireless telephone service. In making the designation, the
Commission (and any such agency or entity) shall provide
appropriate transition periods for areas in which 9-1-1 is not in
use as an emergency telephone number on the date of enactment of
the Wireless Communications and Public Safety Act of 1999.''.
(b) Support.--The Federal Communications Commission shall encourage
and support efforts by States to deploy comprehensive end-to-end
emergency communications infrastructure and programs, based on
coordinated statewide plans, including seamless, ubiquitous, reliable
wireless telecommunications networks and enhanced wireless 9-1-1
service. In encouraging and supporting that deployment, the Commission
shall consult and cooperate with State and local officials responsible
for emergency services and public safety, the telecommunications
industry (specifically including the cellular and other wireless
telecommunications service providers), the motor vehicle manufacturing
industry, emergency medical service providers and emergency dispatch
providers, transportation officials, special 9-1-1 districts, public
safety, fire service and law enforcement officials, consumer groups,
and hospital emergency and trauma care personnel (including emergency
physicians, trauma surgeons, and nurses). The Commission shall
encourage each State to develop and implement coordinated statewide
deployment plans, through an entity designated by the governor, and to
include representatives of the foregoing organizations and entities in
development and implementation of such plans. Nothing in this
subsection shall be construed to authorize or require the Commission to
impose obligations or costs on any person.
SEC. 4. PARITY OF PROTECTION FOR PROVISION OR USE OF WIRELESS SERVICE.
(a) Provider Parity.--A wireless carrier, and its officers,
directors, employees, vendors, and agents, shall have immunity or other
protection from liability in a State of a scope and extent that is not
less than the scope and extent of immunity or other protection from
liability that any local exchange company, and its officers, directors,
employees, vendors, or agents, have under Federal and State law
(whether through statute, judicial decision, tariffs filed by such
local exchange company, or otherwise) applicable in such State,
including in connection with an act or omission involving the release
to a PSAP, emergency medical service provider or emergency dispatch
provider, public safety, fire service or law enforcement official, or
hospital emergency or trauma care facility of
subscriber information related to emergency calls or emergency
services.
(b) User Parity.--A person using wireless 9-1-1 service shall have
immunity or other protection from liability of a scope and extent that
is not less than the scope and extent of immunity or other protection
from liability under applicable law in similar circumstances of a
person using 9-1-1 service that is not wireless.
(c) PSAP Parity.--In matters related to wireless 9-1-1
communications, a PSAP, and its employees, vendors, agents, and
authorizing government entity (if any) shall have immunity or other
protection from liability of a scope and extent that is not less than
the scope and extent of immunity or other protection from liability
under applicable law accorded to such PSAP, employees, vendors, agents,
and authorizing government entity, respectively, in matters related to
9-1-1 communications that are not wireless.
(d) Basis for Enactment.--This section is enacted as an exercise of
the enforcement power of the Congress under section 5 of the Fourteenth
Amendment to the Constitution and the power of the Congress to regulate
commerce with foreign nations, among the several States, and with
Indian tribes.
SEC. 5. AUTHORITY TO PROVIDE CUSTOMER INFORMATION.
Section 222 of the Communications Act of 1934 (47 U.S.C. 222) is
amended--
(1) in subsection (d)--
(A) by striking ``or'' at the end of paragraph (2);
(B) by striking the period at the end of paragraph (3) and
inserting a semicolon and ``and''; and
(C) by adding at the end the following:
``(4) to provide call location information concerning the user
of a commercial mobile service (as such term is defined in section
332(d))--
``(A) to a public safety answering point, emergency medical
service provider or emergency dispatch provider, public safety,
fire service, or law enforcement official, or hospital
emergency or trauma care facility, in order to respond to the
user's call for emergency services;
``(B) to inform the user's legal guardian or members of the
user's immediate family of the user's location in an emergency
situation that involves the risk of death or serious physical
harm; or
``(C) to providers of information or database management
services solely for purposes of assisting in the delivery of
emergency services in response to an emergency.''.
(2) by redesignating subsection (f) as subsection (h) and by
inserting the following after subsection (e):
``(f) Authority To Use Wireless Location Information.--For purposes
of subsection (c)(1), without the express prior authorization of the
customer, a customer shall not be considered to have approved the use
or disclosure of or access to--
``(1) call location information concerning the user of a
commercial mobile service (as such term is defined in section
332(d)), other than in accordance with subsection (d)(4); or
``(2) automatic crash notification information to any person
other than for use in the operation of an automatic crash
notification system.
``(g) Subscriber Listed and Unlisted Information for Emergency
Services.--Notwithstanding subsections (b), (c), and (d), a
telecommunications carrier that provides telephone exchange service
shall provide information described in subsection (i)(3)(A) (including
information pertaining to subscribers whose information is unlisted or
unpublished) that is in its possession or control (including
information pertaining to subscribers of other carriers) on a timely
and unbundled basis, under nondiscriminatory and reasonable rates,
terms, and conditions to providers of emergency services, and providers
of emergency support services, solely for purposes of delivering or
assisting in the delivery of emergency services.'';
(3) by inserting ``location,'' after ``destination,'' in
subsection (h)(1)(A) (as redesignated by paragraph (2)); and
(4) by adding at the end of subsection (h) (as redesignated),
the following:
``(4) Public safety answering point.--The term `public safety
answering point' means a facility that has been designated to
receive emergency calls and route them to emergency service
personnel.
``(5) Emergency services.--The term `emergency services' means
9-1-1 emergency services and emergency notification services.
``(6) Emergency notification services.--The term `emergency
notification services' means services that notify the public of an
emergency.
``(7) Emergency support services.--The term `emergency support
services' means information or data base management services used
in support of emergency services.''.
SEC. 6. DEFINITIONS.
As used in this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary of
Transportation.
(2) State.--The term ``State'' means any of the several States,
the District of Columbia, or any territory or possession of the
United States.
(3) Public safety answering point; psap.--The term ``public
safety answering point'' or ``PSAP'' means a facility that has been
designated to receive 9-1-1 calls and route them to emergency
service personnel.
(4) Wireless carrier.--The term ``wireless carrier'' means a
provider of commercial mobile services or any other radio
communications service that the Federal Communications Commission
requires to provide wireless 9-1-1 service.
(5) Enhanced wireless 9-1-1 service.--The term ``enhanced
wireless 9-1-1 service'' means any enhanced 9-1-1 service so
designated by the Federal Communications Commission in the
proceeding entitled ``Revision of the Commission's Rules to Ensure
Compatibility with Enhanced 9-1-1 Emergency Calling Systems'' (CC
Docket No. 94-102; RM-8143), or any successor proceeding.
(6) Wireless 9-1-1 service.--The term ``wireless 9-1-1
service'' means any 9-1-1 service provided by a wireless carrier,
including enhanced wireless 9-1-1 service.
(7) Emergency dispatch providers.--The term ``emergency
dispatch providers'' shall include governmental and nongovernmental
providers of emergency dispatch services.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Wireless Communications and Public Safety Act of 1999 - Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) and any agency or entity to which the FCC delegates such authority to designate 911 as the universal emergency telephone number within the United States for reporting an emergency to appropriate authorities and requesting assistance. Applies such designation to both wireline and wireless telephone service. Directs the FCC to provide appropriate transition periods for areas in which 911 is not currently an emergency number. Requires the FCC to encourage and support efforts by States to deploy comprehensive end-to-end emergency communications infrastructure and programs based on coordinated statewide plans. Requires appropriate consultation with regard to such deployment. Provides immunity from liability, to the same extent as provided to local telephone exchange companies, for providers of wireless service. Provides immunity for users of wireless 911 service to the same extent as provided to users of 911 service that is not wireless. Provides immunity for public safety answering points (emergency dispatchers). Authorizes telecommunications carriers to provide call location information concerning a user of a commercial mobile service to: (1) emergency dispatchers and emergency service personnel in order to respond to the user's call; (2) the user's legal guardian or family member in an emergency situation that involves the risk of death or serious physical harm; or (3) providers of information or data base management services solely for assisting in the delivery of emergency services. Requires a customer's express prior authorization for disclosure to any other person. Requires telephone exchange service providers to provide both listed and unlisted subscriber information to providers of emergency and emergency support services. | {"src": "billsum_train", "title": "Wireless Communications and Public Safety Act of 1999"} | 2,497 | 356 | 0.554364 | 1.610589 | 0.717841 | 3.812698 | 7.673016 | 0.898413 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Meat and Poultry Products
Traceability and Safety Act of 2006''.
SEC. 2. TRACEABILITY OF LIVESTOCK AND POULTRY.
(a) Livestock.--Title I of the Federal Meat Inspection Act (21
U.S.C. 601 et seq.) is amended by adding at the end the following:
``SEC. 25. TRACEABILITY OF LIVESTOCK, MEAT, AND MEAT PRODUCTS.
``(a) Definition of Traceability.--In this section, the term
`traceability' means the ability to retrieve the history, use, and
location of an article through a recordkeeping and audit system or
registered identification.
``(b) Requirements.--
``(1) In general.--Amenable species presented for slaughter
for human food purposes, and the carcasses or parts of
carcasses and the meat and meat food products of those species,
shipped in interstate commerce shall be identified in a manner
that enables the Secretary to trace--
``(A) each animal or group of animals of the
amenable species (as determined by the Secretary to be
appropriate for each amenable species) to any premises
or other location at which the animal was held at any
time before slaughter; and
``(B) each carcass or part of a carcass and meat
and meat food product of the amenable species forward
from slaughter through processing and distribution to
the ultimate consumer.
``(2) Traceability system.--The Secretary shall establish a
traceability system for all stages of production, processing,
and distribution of meat and meat food products that are
produced through the slaughter of amenable species described in
paragraph (1).
``(c) Prohibition or Restriction on Entry.--The Secretary may
prohibit or restrict entry into any slaughtering establishment
inspected under this Act of any amenable species not identified as
prescribed by the Secretary under subsection (b).
``(d) Records.--
``(1) In general.--The Secretary may require that each
person, firm, and corporation required to identify an amenable
species under subsection (b) maintain accurate records, as
prescribed by the Secretary, regarding the purchase, sale, and
identification of the amenable species.
``(2) Access.--Each person, firm, and corporation described
in paragraph (1) shall, at all reasonable times, on notice by a
duly authorized representative of the Secretary, allow the
representative to access to each place of business of the
person, firm, or corporation to examine and copy the records
described in paragraph (1).
``(3) Duration.--Each person, firm, and corporation
described in paragraph (1) shall maintain records required to
be maintained under this subsection for such period of time as
the Secretary prescribes.
``(e) False Information.--No person, firm, or corporation shall
falsify or misrepresent to any other person, firm, or corporation, or
to the Secretary, any information as to any premises at which any
amenable species or carcasses of amenable species were held.
``(f) Alteration or Destruction of Records.--No person, firm, or
corporation shall, without authorization from the Secretary, alter,
detach, or destroy any records or other means of identification
prescribed by the Secretary for use in determining the premises at
which any amenable species or carcasses of amenable species were held.
``(g) Relation to Country of Origin Labeling.--Nothing in this
section prevents or interferes with implementation of the country of
origin labeling requirements of subtitle D of the Agricultural
Marketing Act of 1946 (7 U.S.C. 1638 et seq.).''.
(b) Poultry.--The Poultry Products Inspection Act is amended by
inserting after section 23 (21 U.S.C. 467e) the following:
``SEC. 23A. TRACEABILITY OF POULTRY AND POULTRY PRODUCTS.
``(a) Definition of Traceability.--In this section, the term
`traceability' means the ability to retrieve the history, use, and
location of an article through a recordkeeping and audit system or
registered identification.
``(b) Requirements.--
``(1) In general.--Poultry presented for slaughter for
human food purposes and poultry products shipped in interstate
commerce shall be identified in a manner that enables the
Secretary to trace--
``(A) each poultry or group of poultry (as
determined by the Secretary to be appropriate) to any
premises or other location at which the poultry was
held at any time before slaughter; and
``(B) each poultry product forward from slaughter
through processing and distribution to the ultimate
consumer.
``(2) Traceability system.--The Secretary shall establish a
traceability system for all stages of production, processing,
and distribution of poultry and poultry food products that are
produced through the slaughter of poultry described in
paragraph (1).
``(c) Prohibition or Restriction on Entry.--The Secretary may
prohibit or restrict entry into any slaughtering establishment
inspected under this Act of any poultry not identified as prescribed by
the Secretary.
``(d) Records.--
``(1) In general.--The Secretary may require that each
person, firm, and corporation required to identify poultry
under subsection (b) maintain accurate records, as prescribed
by the Secretary, regarding the purchase, sale, and
identification of the poultry.
``(2) Access.--Each person, firm, and corporation described
in paragraph (1) shall, at all reasonable times, on notice by a
duly authorized representative of the Secretary, allow the
representative to access to each place of business of the
person, firm, or corporation to examine and copy the records
described in paragraph (1).
``(3) Duration.--Each person, firm, and corporation
described in paragraph (1) shall maintain records required to
be maintained under this subsection for such period of time as
the Secretary prescribes.
``(e) False Information.--No person, firm, or corporation shall
falsify or misrepresent to any other person, firm, or corporation, or
to the Secretary, any information as to any premises at which any
poultry or carcasses of poultry were held.
``(f) Alteration or Destruction of Records.--No person, firm, or
corporation shall, without authorization from the Secretary, alter,
detach, or destroy any records or other means of identification
prescribed by the Secretary for use in determining the premises at
which any poultry or carcasses of poultry were held.
``(g) Relation to Country of Origin Labeling.--Nothing in this
section prevents or interferes with implementation of the country of
origin labeling requirements of subtitle D of the Agricultural
Marketing Act of 1946 (7 U.S.C. 1638 et seq.).''.
SEC. 3. TECHNICAL CORRECTIONS.
(a) In General.--The Federal Meat Inspection Act (21 U.S.C. 601 et
seq.) is amended--
(1) by striking ``cattle, sheep, swine, goats, horses,
mules, or other equines'' each place it appears and inserting
``amenable species'';
(2) by striking ``cattle, sheep, swine, or goats'' each
place it appears and inserting ``amenable species'';
(3) by striking ``cattle, sheep, swine, and goats'' each
place it appears and inserting ``amenable species'';
(4) by striking ``cattle, sheep, swine, goats, or equines''
each place it appears and inserting ``amenable species'';
(5) by striking ``cattle, sheep, swine, goat, or equine''
each place it appears and inserting ``amenable species''; and
(6) by striking ``cattle, sheep, swine, goat, or other
equine'' each place it appears and inserting ``amenable
species''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the day after the effective date of section 794 of the
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2006. | Meat and Poultry Products Traceability and Safety Act of 2006 - Amends the Federal Meat Inspection Act and the Poultry Products Inspection Act to direct that amenable species presented for slaughter for human consumption, and the carcasses or parts of carcasses and the meat and food products of those animals, shipped in interstate commerce be identified in a manner that enables the Secretary of Agriculture to trace: (1) each animal or group of animals to any location at which the animal was held at any time before slaughter; and (2) each carcass or part of a carcass and food product forward from slaughter through processing and distribution to the ultimate consumer.
Authorizes the Secretary to: (1) prohibit or restrict entry to a slaughtering establishment of an animal not so identified; and (2) require that each person, firm, or corporation required to identify livestock maintain accurate records.
Directs the Secretary to establish a traceability system for all stages of production, processing, and distribution of meat and meat food products and poultry and poultry food products. | {"src": "billsum_train", "title": "A bill to amend the Federal Meat Inspection Act and the Poultry Products Inspection Act to improve the safety of meat and poultry products by enhancing the ability of the Secretary of Agriculture to retrieve the history, use, and location of a meat or poultry product through a record-keeping and audit system or registered identification, and for other purposes."} | 1,866 | 216 | 0.740587 | 2.034247 | 0.879707 | 4.664975 | 8.279188 | 0.959391 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improvement of the National Program
of Cancer Registries Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds as follows:
(1) The National Program of Cancer Registries, established
in 1992 by the Cancer Registries Amendment Act (Public Law 102-
515; 106 Stat. 3372), has enabled each of the 50 States to
maintain a functioning cancer registry.
(2) Over the past 15 years, the Centers for Disease Control
and Prevention has enhanced central cancer registries and
helped to establish standards for quality and completeness of
such registries.
(3) The statewide, population-based cancer registries
collect information on cancer incidence and mortality rates,
which may be used for identifying cancer patterns and trends
and for directing cancer control interventions.
(4) The States rely on electronic records, especially
electronic laboratory records, for the majority of data
collection for the cancer registries.
(5) The States do not have adequate resources to access all
of the records of physicians, hospitals, outpatient clinics,
nursing homes, and other agencies providing services to cancer
patients that would assist in identifying characteristics of
each patient and treatment of the cancer.
(6) Laboratories do not systematically collect or record
essential data, including information on the occupation,
socioeconomic status, or treatments of, or environmental
factors affecting, cancer patients, and thus cancer registries,
which depend in part upon records of laboratories, do not have
essential data that would help determine causes or contributory
causes of cancers.
(7) The National Program of Cancer Registries has
established standards for collecting information but has not
established standards that allow data exchange with other
disease registries.
(8) Information collected by cancer registries must be
exchanged with other disease registries in a confidential and
secure manner in order to prevent information about patients
from being used for purposes other than medical treatment,
medical research, or public health.
(b) Purpose.--The purpose of this Act is to improve the National
Program of Cancer Registries by expanding the data elements collected,
enhancing the quality of information collected, and collecting data
such that the National Program of Cancer Registries preserves the
confidentiality of patients while allowing data sharing for public
health objectives.
SEC. 3. AMENDMENTS TO THE NATIONAL PROGRAM OF CANCER REGISTRIES.
(a) Enhancing Data Collection.--Section 399B(a)(1) of title III of
the Public Health Service Act (42 U.S.C. 280e(a)(1)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``registries to collect, for each condition specified in
paragraph (2)(A), data concerning'', and inserting ``cancer
registries in order to collect, for each form of in-situ and
invasive cancer (with the exception of basal cell and squamous
cell carcinoma of the skin), data in a standardized manner
concerning'';
(2) by striking subparagraph (B) and inserting the
following:
``(B) information on the industrial or occupational
history of adult individuals with the cancers, using
the Federal Standard Occupational Classification
system;'';
(3) in subparagraph (D), by striking ``and'' after the
semicolon;
(4) by inserting after subparagraph (D) the following:
``(E) the highest level of education attained by
adult individuals with the cancers;
``(F) sources of payment by individuals with cancer
for costs associated with cancer diagnosis and
treatment;
``(G) history of alcohol and tobacco use by
individuals with cancer; and''; and
(5) by redesignating subparagraph (E) as subparagraph (H).
(b) Establishing Data Collection Standards.--Section 399B of title
III of the Public Health Service Act (42 U.S.C. 280e) is amended by
inserting at the end the following:
``(f) Data Collection Standards.--
``(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention,
shall--
``(A) develop standards for collection of each data
element for the State cancer registries assisted under
this section;
``(B) develop inter-operability and security
standards for data exchange and integration between--
``(i) the cancer registries of 2 or more
States; and
``(ii) any cancer registry and another
Federal registry for non-cancer diseases that
contains data concerning individual patients;
and
``(C) provide a basic electronic collection tool,
to facilitate standardized data collection, available
to each State to use for cancer registries.
``(2) Assurances.--Each applicant, prior to receiving
Federal funds under the Improvement of the National Program of
Cancer Registries Act, shall provide assurances satisfactory to
the Secretary that the applicant will comply with standards
developed under paragraph (1).
``(3) Coordination with other federal programs.--To promote
the greatest possible efficiency and effectiveness in the
collection of data for federally-supported cancer registries,
the Secretary shall facilitate appropriate coordination of the
National Program of Cancer Registries under this part with
other federally-supported registry programs, including
infectious disease registries, environmental disease
registries, and other non-cancer, chronic disease
registries.''.
SEC. 4. AUTHORIZATION.
To carry out this Act, there are authorized to be appropriated
$100,000,000 for each of the fiscal years 2010, 2011, 2012, and 2013. | Improvement of the National Program of Cancer Registries Act - Amends the Public Health Service Act to revise requirements for statewide cancer registries and require the inclusion in such registries of information on: (1) the highest level of education attained by adults with cancer; (2) sources of payment by individuals for the costs of cancer diagnosis and treatment; and (3) the history of alcohol and tobacco use by individuals with cancer.
Requires the Director of the Centers for Disease Control and Prevention (CDC), to: (1) develop standards for collection of data elements for state cancer registries; (2) develop inter-operability and security standards for data exchange and integration between state cancer registries and any cancer registry and another federal registry for non-cancer diseases; and (3) provide a basic electronic collection tool to facilitate standardized data collection.
Requires the Secretary of Health and Human Services to facilitate coordination of the National Program of Cancer Registries with other federally-supported registry programs, including infectious disease registries, environmental disease registries, and other non-cancer, chronic disease registries. | {"src": "billsum_train", "title": "A bill to amend the Public Health Service Act to improve the National Program of Cancer Registries by expanding data collection and allowing data sharing for public health objectives, while preserving the confidentiality of patients, and for other purposes."} | 1,226 | 235 | 0.662524 | 1.76134 | 0.663789 | 4.334928 | 5.411483 | 0.947368 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Parole Commission
Extension Act of 2013''.
SEC. 2. AMENDMENT OF SENTENCING REFORM ACT OF 1984.
For purposes of section 235(b) of the Sentencing Reform Act of 1984
(18 U.S.C. 3551 note; Public Law 98-473; 98 Stat. 2032), as such
section relates to chapter 311 of title 18, United States Code, and the
United States Parole Commission, each reference in such section to ``26
years'' or ``26-year period'' shall be deemed a reference to ``31
years'' or ``31-year period'', respectively.
SEC. 3. PAROLE COMMISSION REPORT.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the United States Parole Commission shall report
to the Committees on the Judiciary of the Senate and House of
Representatives the following for fiscal years 2012 and 2013:
(1) The number of offenders in each type of case over which the
Commission has jurisdiction, including the number of Sexual or
Violent Offender Registry offenders and Tier Levels offenders.
(2) The number of hearings, record reviews and National Appeals
Board considerations conducted by the Commission in each type of
case over which the Commission has jurisdiction.
(3) The number of hearings conducted by the Commission by type
of hearing in each type of case over which the Commission has
jurisdiction.
(4) The number of record reviews conducted by the Commission by
type of consideration in each type of case over which the
Commission has jurisdiction.
(5) The number of warrants issued and executed compared to the
number requested in each type of case over which the Commission has
jurisdiction.
(6) The number of revocation determinations by the Commission
in each type of case over which the Commission has jurisdiction.
(7) The distribution of initial offenses, including violent
offenses, for offenders in each type of case over which the
Commission has jurisdiction.
(8) The distribution of subsequent offenses, including violent
offenses, for offenders in each type of case over which the
Commission has jurisdiction.
(9) The percentage of offenders paroled or re-paroled compared
with the percentage of offenders continued to expiration of
sentence (less any good time) in each type of case over which the
Commission has jurisdiction.
(10) The percentage of cases (except probable cause hearings
and hearings in which a continuance was ordered) in which the
primary and secondary examiner disagreed on the appropriate
disposition of the case (the amount of time to be served before
release), the release conditions to be imposed, or the reasons for
the decision in each type of case over which the Commission has
jurisdiction.
(11) The percentage of decisions within, above, or below the
Commission's decision guidelines for Federal initial hearings (28
CFR 2.20) and Federal and D.C. Code revocation hearings (28 CFR
2.21).
(12) The percentage of revocation and non-revocation hearings
in which the offender is accompanied by a representative in each
type of case over which the Commission has jurisdiction.
(13) The number of administrative appeals and the action of the
National Appeals Board in relation to those appeals in each type of
case over which the Commission has jurisdiction.
(14) The projected number of Federal offenders that will be
under the Commission's jurisdiction as of October 31, 2018.
(15) An estimate of the date on which no Federal offenders will
remain under the Commission's jurisdiction.
(16) The Commission's annual expenditures for offenders in each
type of case over which the Commission has jurisdiction.
(17) The annual expenditures of the Commission, including
travel expenses and the annual salaries of the members and staff of
the Commission.
(b) Succeeding Fiscal Years.--For each of fiscal years 2014 through
2018, not later than 90 days after the end of the fiscal year, the
United States Parole Commission shall report to the Committees on the
Judiciary of the Senate and House of Representatives the items in
paragraphs (1) through (17) of subsection (a), for the fiscal year.
(c) District of Columbia Parole Failure Rate Report.--Not later
than 180 days after the date of enactment of this Act, the United
States Parole Commission shall report to the Committees on the
Judiciary of the Senate and House of Representatives the following:
(1) The parole failure rate for the District of Columbia for
the last full fiscal year immediately preceding the date of the
report.
(2) The factors that cause that parole failure rate.
(3) Remedial measures that might be undertaken to reduce that
parole failure rate.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | . United States Parole Commission Extension Act of 2013 - Extends the United States Parole Commission for five years. Directs the Commission, within 180 days after enactment of this Act, to report the following, for FY2012-FY2013, with regard to each type of case over which it has jurisdiction: (1) the number of offenders; (2) the number of hearings, record reviews, and National Appeals Board considerations conducted by the Commission; (3) the number of hearings conducted by the Commission by type of hearing; (4) the number of record reviews conducted by the Commission by type of consideration; (5) the number of warrants issued and executed compared to the number requested; (6) the number of revocation determinations by the Commission; (7) the distribution of initial offenses; (8) the distribution of subsequent offenses; (9) the percentage of offenders paroled or re-paroled compared with the percentage of offenders continued to expiration of sentence; (10) the percentage of cases in which the primary and secondary examiner disagreed on the appropriate disposition of the case, the release conditions to be imposed, or the reasons for the decision; (11) the percentage of revocation and non-revocation hearings in which the offender is accompanied by a representative; (12) the number of administrative appeals and the action of the National Appeals Board in relation to those appeals; and (13) the Commission's annual expenditures for offenders. Directs the Commission to report on: (1) the percentage of decisions within, above, or below its decision guidelines for federal initial hearings and federal and D.C. Code revocation hearings; (2) the projected number of federal offenders that will be under its jurisdiction as of October 31, 2018; (3) an estimate of the date on which no federal offenders will remain under its jurisdiction; and (4) its annual expenditures, including travel expenses and the annual salaries of its members and staff. Requires the Commission to make such reports for each of FY2014-FY2018 within 90 days after the end of the fiscal year. Directs the Commission, within 180 days after enactment of this Act, to report on: (1) the parole failure rate for the District of Columbia for the preceding fiscal year, (2) the factors that caused that rate, and (3) remedial measures that might be undertaken to reduce that rate. | {"src": "billsum_train", "title": "United States Parole Commission Extension Act of 2013"} | 1,038 | 508 | 0.719533 | 2.461561 | 0.761914 | 6.632829 | 2.149028 | 0.952484 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preservation of Antibiotics for
Human Treatment Act of 2002''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Several antibiotics and classes of antibiotics either
are used in or are related to antibiotics used in humans to
treat infectious diseases and are also routinely administered
to healthy agricultural animals, generally via feed or water,
in order to promote the animals' growth or to prevent disease.
Such uses do not require a veterinarian's prescription.
(2) Mounting scientific evidence shows that this
nontherapeutic use of antibiotics in agricultural animals can
lead to development of antibiotic-resistant bacteria that can
be transferred to people, making it harder to treat certain
infections.
(3) In 1997 and in 2000, the World Health Organization
recommended that antibiotics used to treat humans should not
also be used to promote animal growth, although such
antibiotics could still be used to treat ill animals. Most
developed countries in the world, with the exception of the
United States and Canada, restrict the use of antimicrobials in
animal production systems for growth promotion.
(4) In July 1998, the National Academy of Sciences, in a
report prepared at the request of the United States Department
of Agriculture and the Food and Drug Administration, concluded
``there is a link between the use of antibiotics in food
animals, the development of bacterial resistance to these
drugs, and human disease''.
(5) In July 1999, the European Union banned the use for
animal growth promotion of remaining human-use antibiotics
still in use to promote animal growth. Prior to that action,
individual European countries, including the United Kingdom,
Denmark, Finland, and Sweden, had banned the use in animal feed
of specific antibiotics.
(6) In October 2000, the Food and Drug Administration
issued a notice announcing its intention to withdraw approvals
for use of fluoroquinolone antibiotics in poultry, in light of
the fact that increased resistance to fluoroquinolones in
certain bacteria followed approval of those antibiotics for
such use in the mid-1990s. The Food and Drug Administration
concluded that ``the use of fluoroquinolones in poultry is a
significant cause of fluoroquinolone resistant infections in
humans.'' One manufacturer of such drugs is contesting FDA's
proposed withdrawal and continues to market its product.
Previous proceedings by FDA to withdraw approval of animal
drugs have taken substantial amounts of time following
initiation of formal action by FDA, including 6 years in one
instance and 20 in another.
(7) In June 2001, the American Medical Association adopted
a resolution opposing nontherapeutic use of antimicrobials in
animal agriculture. Medical professional organizations that
have taken a similar position include the American College of
Preventive Medicine, the American Public Health Association,
and the Council of State and Territorial Epidemiologists.
(8) In October 2001, the New England Journal of Medicine
published a guest editorial titled ``Antimicrobials in Animal
Feed--Time to Stop''. The editorial urged a ban on
nontherapeutic use in animals of medically important
antibiotics.
(9) The National Academy of Sciences has found that
eliminating the use of antibiotics as feed additives would cost
each American consumer not more than $5 to $10 per year.
(10) In January 2001, a Federal interagency task force on
antibiotic resistance concluded that ``drug-resistant pathogens
are a growing menace to all people, regardless of age, gender,
or socioeconomic background. If we do not act to address the
problem . . . [d]rug choices for the treatment of common infections
will become increasingly limited and expensive--and, in some cases,
nonexistent.''.
(11) Scientific studies published in major peer-reviewed
research journals have shown that resistance traits can be
transferred among unrelated species of bacteria, including from
nonpathogens to pathogens.
(12) Development of resistance to antibiotics could
significantly impair the ability of the United States to
respond effectively to a bioterrorist attack and is likely to
increase the casualties that result from such an attack.
SEC. 3. PRESERVING THE EFFECTIVENESS OF ANTIBIOTICS SUCH AS CIPRO.
(a) Prohibiting the Use of Drugs Related to Cipro in Poultry.--
Section 512(a)(2) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360b(a)(2)) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(D) such drug is not a member of the fluoroquinolone
class of antimicrobial drugs, or if such drug is a member of
the fluoroquinolone class of antimicrobial drugs, the Secretary
shall have found, based on information submitted to the
Secretary by the sponsor of such drug, that there exists a
reasonable certainty of no harm to human health due to the
development of antimicrobial resistance that is attributable in
whole or in part to the use in animal feed of such drug.
``Nothing in subparagraph (D) shall be construed to affect an approval
under this subsection for a drug of the fluoroquinolone class of
antimicrobial drugs that is used in or for cattle.''.
(b) Definition.--Section 201(w) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321(w)) is amended--
(1) by striking ``(w) The term'' and inserting ``(w)(1) The
term''; and
(2) by adding at the end the following:
``(2) With respect to subparagraph (D) of section 512(a)(2) (and in
provisions of this Act that refer to such subparagraph), the term
`animal feed' shall include an article that is a fluid administered to
animals other than man. Such term does not include fluids administered
via hypodermic injection.''.
SEC. 4. REQUIRING PROOF OF SAFETY OF ANTIMICROBIAL NEW ANIMAL DRUGS.
(a) Nontherapeutic Use; Applications Pending on or Submitted After
Enactment.--Section 512(d)(1) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 360b(d)(1)) is amended--
(1) in subparagraph (H), by striking ``or'' at the end;
(2) by redesignating subparagraph (I) as subparagraph (J);
(3) by inserting after subparagraph (H) the following
subparagraph:
``(I) with respect to a critical antimicrobial drug or a
drug of the same chemical class as a critical antimicrobial
drug, the applicant has failed to demonstrate that there is a
reasonable certainty of no harm to human health due to the
development of antimicrobial resistance that is attributable,
in whole or in part, to the nontherapeutic use of such drug;
or''; and
(4) in the matter after and below subparagraph (J) (as
redesignated by paragraph (2)), by striking ``(A) through (I)''
and inserting ``(A) through (J)''.
(b) Phased Elimination of Nontherapeutic Use in Animals of
Antibiotics Important for Human Health.--Section 512 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360b) is amended by adding at
the end the following:
``(q) With respect to the nontherapeutic use in an animal of--
``(1) a drug that is a critical antimicrobial drug; or
``(2) a drug that is of the same chemical class as a
critical antimicrobial drug;
for which, as of the day before the date of enactment of this
subsection, there was in effect an approval of an application filed
pursuant to subsection (b), the Secretary shall withdraw such approval
on the date that is 2 years after the date of enactment of this
subsection unless the Secretary, based on information submitted to the
Secretary by the sponsor of such drug, has determined prior to the date
that is 2 years after such date of enactment that there is a reasonable
certainty of no harm to human health due to the development of
antimicrobial resistance that is attributable in whole or in part to
the nontherapeutic use of such drug.
``(r)(1) If the Secretary grants an exemption under section 505(i)
or under section 351 of the Public Health Service Act (42 U.S.C. 262)
to a drug that is an antibiotic drug, the Secretary shall rescind each
approval of a nontherapeutic use in an animal of such drug or of a drug
in the same chemical class as such drug upon the expiration of the 2-
year period beginning on the date on which the Secretary grants the
exemption, except as provided in paragraph (3).
``(2) If an application for an antibiotic drug is submitted to the
Secretary under section 505(b) or under section 351 of the Public
Health Service Act (42 U.S.C. 262), the Secretary shall rescind each
approval of a nontherapeutic use in an animal of such drug or a drug in
the same chemical class as such drug upon the expiration of the 2-year
period beginning on the date on which the application is submitted to
the Secretary, except as provided in paragraph (3).
``(3) Paragraph (1) or (2), as the case may be, applies unless,
before the date on which approval would be rescinded under such
paragraph, the Secretary determines that the holder of the approved
application has demonstrated that there is a reasonable certainty of no
harm to human health due to the development of antimicrobial resistance
that is attributable, in whole or in part, to the nontherapeutic use in
an animal of such drug.''.
(c) Definitions.--Section 512 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360b), as amended by subsection (b), is further
amended by adding at the end the following:
``(s) For purposes of this section, the term `nontherapeutic use',
with respect to a critical antimicrobial drug, means any use of such
drug in an animal in the absence of disease in such animal, including
use for growth promotion, feed efficiency, or routine disease
prevention.
``(t) For purposes of this section, the term `critical
antimicrobial drug' means any drug that is--
``(1) intended for use in animals other than humans that
are--
``(A) intended for use as, or to generate, food for
humans; or
``(B) intended to breed or otherwise produce
animals described in subparagraph (A); and
``(2)(A) composed wholly or partly of any kind of
penicillin, tetracycline, bacitracin, macrolide, lincomycin,
streptogramin, aminoglycoside, sulfonamide; or
``(B) any other drug or derivative thereof that is used in
humans or intended for use in humans to inhibit or destroy
micro-organisms.''.
SEC. 5. ASSISTANCE TO DEFRAY FARMERS' EXPENSES IN PHASING OUT
NONTHERAPEUTIC USE OF MEDICALLY IMPORTANT ANTIBIOTICS;
PREFERENCE FOR FAMILY FARMS.
(a) In General.--The Secretary of Agriculture may make payments to
producers of livestock or poultry who the Secretary determines are
substantially reducing, or have substantially reduced, the
nontherapeutic use of critical antimicrobial drugs in livestock or
poultry in order to defray the costs of such reduction.
(b) Definition.--In this section the terms ``critical antimicrobial
drug'' and ``nontherapeutic use'' have the meanings given such terms in
section 512(s) of the Federal Food, Drug, and Cosmetic Act (as amended
by this Act).
(c) Priority for Family Farmers.--In awarding payments under
subsection (a), the Secretary of Agriculture shall give priority to
family-owned and family-operated farms or ranches.
(d) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this section
for fiscal year 2003 and for each subsequent fiscal year. | Preservation of Antibiotics for Human Treatment Act of 2002 - Amends the Federal Food, Drug, and Cosmetic Act to deem unsafe animal feed containing a new animal drug which is a member of the fluoroquinolone class of antimicrobial drugs, unless the Secretary of Health and Human Services receives information from the drug's sponsor that there exists a reasonable certainty of no harm to human health due to the development of antimicrobial resistance attributable to the use of such drug in animal feed.Requires the Secretary to withdraw or rescind approval of previously approved drugs that are either critical antimicrobial drugs or in the same chemical class as critical antimicrobial drugs, unless the Secretary receives information from the drug's sponsor that there exists a reasonable certainty of no harm to human health due to the development of antimicrobial resistance attributable to the use of such drug in animal feed.Authorizes the Secretary of Agriculture to make payments to producers of livestock or poultry who have reduced or are substantially reducing the nontherapeutic use of critical antimicrobial drugs. | {"src": "billsum_train", "title": "A bill to preserve the effectiveness of medically important antibiotics by restricting their use as additives to animal feed."} | 2,774 | 236 | 0.539182 | 1.538483 | 0.629876 | 4.145946 | 13.27027 | 0.945946 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Seeds for Soldiers Act''.
SEC. 2. TEMPORARY LOAN PROGRAM FOR SMALL BUSINESS CONCERNS OWNED AND
CONTROLLED BY VETERANS.
(a) In General.--The Administrator may make a loan under section
7(a) of the Small Business Act (15 U.S.C. 636(a)) to a small business
concern owned and controlled by veterans.
(b) Special Rules.--Notwithstanding the requirements of section 7
of the Small Business Act (15 U.S.C. 636), the following special rules
apply to a loan under this section:
(1) The Administrator may make a loan under this section
for any business purpose, including the refinancing of any
outstanding business debt.
(2) No payment of principal on a loan under this section
shall be due or payable during the 1-year period beginning on
the date on which the loan is issued. Any interest payable with
respect to the loan for such period shall be paid by the
Administration.
(3) A loan may be made under this section if the total
amount outstanding and committed to the borrower under section
7(a) of the Small Business Act (15 U.S.C. 636(a)) would not
exceed $3,000,000.
(4) In the case of an agreement to participate on a
deferred basis in a loan under this section--
(A) the participation of the Administration shall
be equal to 90 percent of the balance of the financing
outstanding at the time of disbursement of the loan;
(B) the Administrator shall collect (except in the
case of a loan that is repayable in 1 year or less) a
guarantee fee for any loan under this section, which
shall be payable by the participating lender, and may
be charged to the borrower as follows:
(i) A guarantee fee equal to 0.5 percent of
the deferred participation share of a total
loan amount that is not more than $150,000.
(ii) A guarantee fee equal to 1.5 percent
of the deferred participation share of a total
loan amount that is more than $150,000, but not
more than $700,000.
(iii) A guarantee fee equal to 2 percent of
the deferred participation share of a total
loan amount that is more than $700,000; and
(C) the annual fee assessed and collected on any
such loan shall not exceed an amount equal to 0.15
percent of the outstanding balance of the deferred
participation share of the loan.
(5) The Administrator may make such loans without regard to
the ability of a small business concern to obtain credit
elsewhere.
(6) The Administrator shall make such loans without regard
to the availability of collateral to secure such loans.
(c) Termination.--The Administrator may not make a loan under this
section after December 31, 2008.
(d) Definitions.--For the purpose of this section, the terms
``Administrator'', ``Administration'', ``credit elsewhere'', and
``small business concern owned and controlled by veterans'' have the
respective meanings given such terms in section 3 of the Small Business
Act (15 U.S.C. 632).
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000 for fiscal year
2007. Such sum shall remain available until expended.
SEC. 3. TEMPORARY VOCATIONAL DEVELOPMENT PROGRAM FOR VETERANS.
(a) Establishment.--In accordance with this section, the
Administrator shall make grants to small business development centers
for the provision of a program of assistance for veterans that includes
training in a vocational or technical trade and entrepreneurial
assistance in establishing and operating a small business concern that
provides services in such trade.
(b) Minimum Grant Amount.--The Administrator shall not make a grant
under this section for an amount less than $500,000.
(c) Application and Award.--
(1) Application.--To be eligible to receive a grant under
this section, a small business development center shall submit
to the Administrator an application in such form and containing
such information and assurances as the Administrator may
require and that includes information regarding the applicant's
goals and objectives for the program of assistance to be
provided with the grant.
(2) Priority in awarding grants.--In awarding the grants,
the Administrator shall consider the needs of the area served
by the small business development center, including whether the
small business development center is located in the proximity
of a United States military installation.
(d) Termination.--The Administrator shall not make any grant under
this section after December 31, 2008.
(e) Coordination With Small Business Act.--A grant made under this
section shall not be taken into account for purposes of section 21 of
the Small Business Act (15 U.S.C. 648).
(f) Definitions.--For purposes of this section the following
definitions apply:
(1) The term ``Administrator'' means the Administrator of
the Small Business Administration.
(2) The term ``small business development center'' means a
small business development center described in section 21 of
the Small Business Act (15 U.S.C. 648).
(3) The term ``veteran'' has the meaning given such term in
section 3(q)(4) of the Small Business Act (15 U.S.C.
632(q)(4)).
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000 for fiscal year
2007. Such amount shall remain available until expended. | Seeds for Soldiers Act - Authorizes the Administrator of the Small Business Administration (SBA), using loan authority under the Small Business Act, to make loans to small businesses owned and controlled by veterans. Allows such loans to be made for any business purpose, including the refinancing of outstanding business debt. Defers loan principal payments for one year after loan issuance. Prohibits the total amount outstanding and committed to a borrower from exceeding $3 million. Provides conditions under which the Administrator may participate in SBA-guaranteed loans to such businesses, including collection of a loan guarantee fee. Terminates the loan authority at the end of 2008.
Directs the Administrator to make grants to small business development centers to enable such centers to provide to veterans a program of assistance that includes training in a vocational or technical trade and entrepreneurial assistance in establishing and operating a small business that provides services in such trade. Provides a minimum grant amount of $500,000. Terminates the grant authority at the end of 2008. | {"src": "billsum_train", "title": "To amend the Small Business Act to establish a temporary loan program and a temporary vocational development program for small business concerns owned and controlled by veterans."} | 1,218 | 216 | 0.551212 | 1.588754 | 0.835945 | 3.170213 | 5.845745 | 0.851064 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ready To Educate All Children Act of
2002''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) An estimated 2,000,000 new teachers will be needed over
the next decade.
(2) Under the No Child Left Behind Act of 2001, States must
recruit highly qualified teachers by 2006, yet schools in rural
areas and high poverty schools have trouble attracting and
retaining such teachers.
(3) A 2000 study by the Education Trust reports that high
poverty schools are twice as likely not to have teachers
certified in the fields in which they teach as schools that are
not high poverty schools, which highlights that high poverty
schools will need special help to meet the goals of the No
Child Left Behind Act of 2001.
(4) If the Nation is to improve student achievement and
success in school, the United States must encourage and support
the training and development of our Nation's teachers, who are
the single most important in-school influence on student
learning.
(5) A majority of graduates of schools of education believe
that traditional teacher preparation programs left them ill
prepared for the challenges and rigors of the classroom.
(6) Fewer than 36 percent of new teachers feel very well
prepared to implement curriculum and performance standards.
(7) Highly qualified teachers are more effective in
impacting student academic achievement because such teachers
have high verbal abilities, high content knowledge, and an
enhanced ability to know how to teach the content using
appropriate pedagogical strategies.
(8) The difference in annual student achievement growth
between having an effective and ineffective teacher can be more
than 1 grade level of achievement in academic performance.
(9) Studies have consistently documented the important
connection between a teacher's verbal and cognitive abilities
and student achievement.
(10) Research has shown that there is a positive effect on
student achievement when students are taught by teachers with a
strong subject-matter background.
(b) Purpose.--It is the purpose of this Act to provide grants to
teacher preparation programs to better prepare teachers to educate all
children.
SEC. 3. DEFINITIONS.
In this Act:
(1) Beginning teacher.--The term ``beginning teacher''
means a highly qualified teacher who has taught for not more
than 3 years.
(2) Core academic subjects.--The term ``core academic
subjects'' means--
(A) mathematics;
(B) science;
(C) reading (or language arts) and English;
(D) social studies, including history, civics,
political science, government, geography, and
economics;
(E) foreign languages; and
(F) fine arts, including music, dance, drama, and
the visual arts.
(3) High poverty local educational agency.--The term ``high
poverty local educational agency'' means a local educational
agency for which the number of children who are served by the
agency, aged 5 though 17, and from families with incomes below
the poverty line--
(A) is not less than 40 percent of the number of
all children served by the agency; or
(B) is more than 15,000.
(4) High poverty school.--The term ``high poverty school''
means an elementary school or secondary school that serves a
high number or percentage of children from families with
incomes below the poverty line.
(5) Highly qualified.--The term ``highly qualified'' has
the meaning given such term in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(6) Institution of higher education.--The term
``institution of higher education''--
(A) has the meaning given the term in section
101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a)); and
(B) if such an institution prepares teachers and
receives Federal funds, means such an institution
that--
(i) is in full compliance with the
requirements of section 207 of the Higher
Education Act of 1965 (20 U.S.C. 1027); and
(ii) does not have a teacher preparation
program identified by a State as low-
performing.
(7) Local educational agency.--The term ``local educational
agency'' has the meaning given such term in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(8) Local partner.--The term ``local partner'' means a high
poverty local educational agency or a high poverty school.
(9) Mentoring.--The term ``mentoring'' means activities
that consist of structured guidance and regular and ongoing
support for beginning teachers.
(10) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(11) State.--The term ``State'' means each of the 50
States, the District of Columbia, and the Commonwealth of
Puerto Rico.
SEC. 4. GRANT PROGRAM.
(a) In General.--The Secretary is authorized to award grants on a
competitive basis to institutions of higher education to establish a
partnership with a local partner to--
(1) establish a clinically-based elementary school or
secondary school teacher training program; or
(2) enhance such institution's clinically-based elementary
school or secondary school teacher training program.
(b) Application.--
(1) In general.--An institution of higher education that
desires to receive a grant under subsection (a) shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may reasonably
require.
(2) Development.--The institution of higher education shall
develop the application in collaboration with 1 or more local
partners.
(3) Contents.--Each application submitted pursuant to
paragraph (1) shall include--
(A) a description of any shortages in the State,
where the institution of higher education is located,
of highly qualified teachers in high poverty schools in
core academic subjects;
(B) an assessment of the needs of beginning
teachers in high poverty schools to be effective in the
classroom that is--
(i) developed with the involvement of the
local partner; and
(ii) based on--
(I) student achievement data in
core academic subjects; and
(II) other indicators of the need
to fully prepare beginning teachers;
(C) a description of how the institution of higher
education will use funds made available pursuant to a
grant awarded under this Act to--
(i) improve the quality of the teaching
force; and
(ii) decrease the use of out-of-field
placement of teachers;
(D) a description of how the institution of higher
education will align activities assisted under this Act
with challenging State academic content standards and
student academic achievement standards, and State
assessments, by setting numerical, annual improvement
goals;
(E) a plan, developed with the extensive
participation of the local partner, for addressing
long-term teacher recruitment, retention, professional
development, and mentoring needs;
(F) a description of how the institution of higher
education will assist local educational agencies in
implementing effective and sustained mentoring and
other professional development activities for beginning
teachers;
(G) a description of how the institution of higher
education will work with individuals who successfully
complete a teacher education program to become
certified or licensed; and
(H) a description of how the institution of higher
education will prepare teachers to succeed in the
classroom.
(c) Approval.--
(1) In general.--The Secretary shall approve an application
submitted pursuant to subsection (a) if the application meets
the requirements of this section and holds reasonable promise
of achieving the purpose of this Act.
(2) Equitable distribution.--To the extent practicable, the
Secretary shall ensure an equitable geographic distribution of
grants under this section among the regions of the United
States.
(3) Duration of grants.--The Secretary is authorized to
make grants under this section for a period of 5 years. At the
end of the 5-year period, the grant recipient may apply for an
additional grant under this section.
(d) Uses of Funds.--
(1) Mandatory uses.--An institution of higher education
that receives a grant under this section shall use the grant
funds to--
(A) establish a partnership with a local partner to
establish, or enhance an existing, clinically-based
elementary school or secondary school teacher training
program to better train teachers for challenges in the
classroom;
(B) facilitate a partnership among departments of
the institution to ensure that future teachers are
prepared to teach; and
(C) implement a project-based assessment that
facilitates the program evaluation developed under
subsection (f) and that assesses the impact of the
activities undertaken with grant funds awarded under
this Act on achieving the purpose of this Act, as well
as on institutional policies and practices.
(2) Additional activities.--An institution of higher
education that receives a grant under this section shall use
the grant funds for not less than 3 of the following
activities:
(A) The enhancement of high caliber teaching,
including--
(i) enabling faculty to spend additional
time in smaller class settings teaching
students pursuing teaching degrees;
(ii) providing--
(I) summer school teaching
opportunities for students pursuing
teaching degrees;
(II) additional salary for faculty
members who serve as advisors to
students pursuing teaching degrees; or
(III) stipends for students
pursuing teaching degrees.
(B) Opportunities to develop new pedagogical
approaches to teaching, including a focus on content
knowledge in academic areas such as mathematics,
science, foreign language development, history,
political science, and special education.
(C) Creation of multidisciplinary courses or
programs that formalize collaborations for the purpose
of improved student instruction.
(D) Expansion of innovative mentoring or tutoring
programs proven to enhance recruitment of students
pursuing teaching degrees or persistence in obtaining a
teaching degree.
(E) Improvement of undergraduate science,
mathematics, engineering, and technology education for
nonmajors, including teacher education majors.
(e) Matching Funds.--Each institution of higher education that
receives a grant under this section shall demonstrate a financial
commitment to such institution's school of education by contributing,
either directly or through private contributions, non-Federal matching
funds equal to 20 percent of the amount of the grant.
(f) Assessment, Evaluation, and Dissemination of Information.--
(1) Program evaluation.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall award not
less than 1 grant or contract to an independent evaluative
organization to--
(A) develop metrics for measuring the impact of the
activities authorized under this section on--
(i) the number of students enrolled in
education classes;
(ii) academic achievement of students
pursuing teaching degrees, including
quantifiable measurements of students' mastery
of content and skills;
(iii) persistence in completing a teaching
degree, including students who transfer from
departments of education to programs in other
academic disciplines; and
(iv) placement during the 2 years after
degree completion in public schools and an
evaluation of the teachers' performance;
(B) conduct an evaluation of the impacts of the
activities authorized under this section, including a
comparison of the funded projects to identify best
practices with respect to achieving the purpose of this
Act.
(2) Dissemination of information.--The Secretary shall
disseminate, biannually, information on the activities and the
results of the projects assisted under this section, including
best practices, to institutions of higher education that
receive a grant under this section and other interested
institutions of higher education.
(g) Student Loan Eligibility.--Notwithstanding any other provision
of law, a student who participates in a clinically-based teacher
training program funded under this Act shall be eligible for student
assistance under title IV of the Higher Education Act of 1965 (20
U.S.C. 1070 et seq.) during such student's fifth year of a program of
study for obtaining a teaching degree, if the fifth year of the program
of study is required under such clinically-based program in order for
students to obtain the teaching degree.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$200,000,000 for each of fiscal years 2004 through 2009. | Ready to Educate All Children Act of 2002 - Authorizes the Secretary of Education to award competitive matching grants to institutions of higher education (IHEs) to establish partnerships with high poverty local educational agencies or high poverty schools (local partners) to establish or enhance a clinically-based elementary or secondary school teacher training program.Requires an IHE receiving such a grant to: (1) establish a partnership with a local partner to establish or enhance such a program; (2) facilitate a partnership among the IHE's departments to ensure that future teachers are prepared to teach; and (3) implement a project-based assessment. Requires such IHE also to use grant funds for at least three activities listed.Makes a student who participates in a program funded under this Act eligible for student assistance under title IV of the Higher Education Act of 1965 during the student's fifth year of study for a teaching degree (if such clinically-based program is a teaching-degree study requirement). | {"src": "billsum_train", "title": "A bill to establish a grant program to enable institutions of higher education to improve schools of education."} | 2,635 | 215 | 0.504963 | 1.528861 | 0.770494 | 3.744681 | 13.558511 | 0.925532 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Trafficking Victims Protection
Act''.
SEC. 2. ENHANCED PROTECTIONS FOR VULNERABLE UNACCOMPANIED ALIEN
CHILDREN AND FEMALE DETAINEES.
(a) Mandatory Training.--The Secretary of Homeland Security, in
consultation with the Office of Refugee Resettlement of the Department
of Health and Human Services and independent child welfare experts,
shall mandate live training of all personnel who come into contact with
unaccompanied alien children (as defined in section 462 of the Homeland
Security Act of 2002 (6 U.S.C. 279)) in all relevant legal authorities,
policies, and procedures pertaining to this vulnerable population.
(b) Care and Transportation.--Notwithstanding any other provision
of law, the Secretary of Homeland Security shall ensure that all
unaccompanied children who will undergo any immigration proceedings
before the Department of Homeland Security and the Executive Office for
Immigration Review are duly transported and placed in the care and
legal and physical custody of the Office of Refugee Resettlement within
a maximum of 72 hours of their apprehension absent narrowly defined
exceptional circumstances, including a natural disaster or comparable
emergency beyond the control of the Secretary of Homeland Security or
the Office of Refugee Resettlement. The Secretary of Homeland Security
shall ensure that female officers are responsible and at all times
present during the transfer and transport of female detainees who are
in the custody of the Secretary of Homeland Security.
(c) Qualified Resources.--For purposes of this section, the
Secretary of Homeland Security shall provide adequately trained and
qualified staff resources at each major port of entry (as defined by
the U.S. Customs and Border Protection station assigned to that port
having in its custody over the past two fiscal years an average per
year of 50 or more unaccompanied alien children (as defined in section
462 of the Homeland Security Act of 2002 (6 U.S.C. 279))), including
U.S. Customs and Border Protection agents charged primarily with the
safe, swift, and humane transportation of unaccompanied alien children
to Office of Refugee Resettlement custody and independent licensed
social workers dedicated to ensuring the proper temporary care for the
children while in Department of Homeland Security custody prior to
their transfer to the Office of Refugee Resettlement, who will ensure
that each child--
(1) receives emergency medical care;
(2) receives mental health care in case of trauma and has
access to psychosocial health services;
(3) is provided with a pillow, linens, and sufficient
blankets to rest at a comfortable temperature, a bed, and a
mattress placed in an area specifically designated for
residential use;
(4) receives adequate nutrition;
(5) enjoys a safe and sanitary living environment;
(6) receives educational materials; and
(7) has access to at least three hours per day of indoor
and outdoor recreational programs and activities.
(d) Notification.--The Secretary of Homeland Security shall
immediately notify the Office of Refugee Resettlement of an
unaccompanied alien child in the custody of the Department of Homeland
Security to effectively and efficiently coordinate the child's transfer
to and placement with the Office of Refugee Resettlement.
(e) Notice of Rights and Access to Counsel.--The Secretary of
Homeland Security shall ensure that an independent licensed social
worker, as described in subsection (c), provides all unaccompanied
alien children upon apprehension with both a video orientation and oral
and written notice of their rights under the Immigration and
Nationality Act including their rights to relief from removal and their
rights to confer with counsel (as guaranteed under section 292 of such
Act), family, or friends while in the Department of Homeland Security's
temporary custody and relevant complaint mechanisms to report any abuse
or misconduct they may have experienced. The Secretary of Homeland
Security shall ensure that the video orientation and written notice of
rights is available in English and in the five most common native
languages spoken by the unaccompanied children held in custody at that
location during the preceding fiscal year, and that the oral notice of
rights is available in English and in the most common native language
spoken by the unaccompanied children held in custody at that location
during the preceding fiscal year.
(f) Confidentiality.--The Secretary of Health and Human Services
shall maintain the privacy and confidentiality of all information
gathered in the course of providing care, custody, placement and
follow-up services to unaccompanied alien children, consistent with the
best interest of the unaccompanied alien child, by not disclosing such
information to other government agencies or nonparental third parties.
The Secretary may share information when authorized to do so by the
child and when consistent with the child's best interest. The Secretary
may provide information to a duly recognized law enforcement entity, if
such disclosure would prevent imminent and serious harm to another
individual. All disclosures shall be duly recorded in writing and
placed in the child's files.
(g) Other Policies and Procedures.--The Secretary shall further
adopt fundamental child protection policies and procedures--
(1) for reliable age determinations of children which
exclude the use of fallible forensic testing of children's bone
and teeth developed in consultation with medical and child
welfare experts;
(2) to ensure the safe and secure repatriation and
reintegration of unaccompanied alien children to their home
countries through specialized programs developed in close
consultation with the Secretary of State, the Office of the
Refugee Resettlement and reputable independent child welfare
experts including placement of children with their families or
nongovernmental agencies to provide food, shelter and
vocational training and microfinance opportunities;
(3) to utilize all legal authorities to defer the child's
removal if the child faces a risk of life-threatening harm upon
return including due to the child's mental health or medical
condition; and
(4) to ensure that unaccompanied alien children (as defined
in section 462 of the Homeland Security Act of 2002 (6 U.S.C.
279)) are physically separated from any adult who is not an
immediate family member and are separated by sight and sound
from immigration detainees and inmates with criminal
convictions, pretrial inmates facing criminal prosecution,
children who have been adjudicated delinquents or convicted of
adult offenses or are pending delinquency or criminal
proceedings, and those inmates exhibiting violent behavior
while in detention as is consistent with the Juvenile Justice
and Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et
seq.). | Child Trafficking Victims Protection Act - Directs the Secretary of Homeland Security (DHS) to require live training of all DHS personnel who come into contact with unaccompanied alien children.
Sets forth related protections for such children regarding: (1) prompt placement with the Office of Refugee Resettlement, (2) qualified resources at appropriate ports of entry, (3) confidentiality, and (4) access to counsel. | {"src": "billsum_train", "title": "To provide for enhanced protections for vulnerable unaccompanied alien children and female detainees."} | 1,399 | 85 | 0.541699 | 1.407258 | 0.555849 | 2.897436 | 16.320513 | 0.846154 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``AmeriCorps School Turnaround Act of
2015''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) Students are most successful when they have personal,
attentive support.
(2) Turning schools around requires collaboration among
teachers, administrators, counselors, business leaders, the
philanthropic sector, and community members.
(3) National service provides valuable support to
elementary schools and secondary schools and has a record for
improving student academic achievement.
(b) Purposes.--The purposes of this Act are to--
(1) strengthen and accelerate interventions in the lowest-
performing elementary schools and secondary schools;
(2) provide financial support to eligible entities that
serve low-performing schools;
(3) significantly improve outcomes for students in
persistently low-performing schools by--
(A) providing opportunities for academic
enrichment;
(B) extending learning time; and
(C) providing individual support for students; and
(4) improve high school graduation rates and college
readiness for the most disadvantaged students.
SEC. 3. SCHOOL TURNAROUND PROGRAM.
In this Act:
(1) Chief executive officer.--The term ``Chief Executive
Officer'' means the Chief Executive Officer of the Corporation
for National and Community Service appointed under section 193
of the National and Community Service Act of 1990 (42 U.S.C.
12651c).
(2) Eligible entity.--The term ``eligible entity'' means--
(A) an elementary school or secondary school; or
(B) any of the following entities that serve low-
performing schools:
(i) Public or private nonprofit
organizations, including faith-based and other
community organizations.
(ii) Local educational agencies.
(iii) Institutions of higher education.
(iv) Government entities within States.
(v) Indian Tribes.
(vi) Labor organizations.
(3) Low-performing school.--The term ``low-performing
school'' means an elementary school or secondary school that is
identified under section 1116 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6316).
(4) National service participant.--The term ``national
service participant'' means an individual described under part
III of the National and Community Service Act of 1990 (42
U.S.C. 12591 et seq.).
(5) School turnaround corps project.--The term ``School
Turnaround Corps project'' means a project carried out by an
eligible entity that is a permissible use of funds for a grant
under this Act.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 4. INTERAGENCY AGREEMENT FOR SCHOOL TURNAROUND GRANTS.
(a) Interagency Agreement.--
(1) In general.--The Chief Executive Officer shall enter
into an interagency agreement with the Secretary similar to an
interagency agreement described in section 121(b)(1) of the
National and Community Service Act of 1990 (42 U.S.C.
12571(b)(1)) regarding the grant program described in section
5, except that funds appropriated under this Act may be used as
if for the purposes for which funds may be provided through
grants under section 121(a) of the National and Community
Service Act of 1990 (42 U.S.C. 12571(a)).
(2) Amendment to the ncsa.--Section 121(b) of such Act (42
U.S.C. 12571(b)) is amended by adding at the end the following:
``(6) School turnaround grant interagency agreement.--
Notwithstanding paragraph (1), the Corporation shall enter into
an interagency agreement similar to an interagency agreement
described in paragraph (1) with the Secretary of Education
under this subsection regarding the school turnaround grant
program described in section 5 of the AmeriCorps School
Turnaround Act of 2015.''.
(b) Approved National Service Positions.--
(1) In general.--The Chief Executive Officer shall approve
positions for School Turnaround Corps projects as approved
national service positions in accordance with subtitle C of
title I of the National and Community Service Act of 1990 (42
U.S.C. 12571 et seq.).
(2) Distribution of assistance and approved positions
unaffected.--Nothing in this Act shall be construed to affect
the distribution of assistance or approved national service
positions under section 129 of the National and Community
Service Act of 1990 (42 U.S.C. 12581).
(c) Treatment of Funds Appropriated.--
(1) National service trust.--For purposes of section
145(a)(1) of the National and Community Service Act of 1990 (42
U.S.C. 12601(a)(1)), a portion of the funds appropriated under
this Act, as determined by the Chief Executive Officer based on
the number of participants selected for School Turnaround Corps
projects, shall be treated as funds made available to carry out
subtitle D of title I of the National and Community Service Act
of 1990 (42 U.S.C. 12601 et seq.).
(2) Investment of trust funds.--For purposes of subsection
(b) of section 145 of the National and Community Service Act of
1990 (42 U.S.C. 12601), a portion of the funds appropriated
under this Act, as determined by the Chief Executive Officer
based on the number of participants selected for School
Turnaround Corps projects, shall be treated as if appropriated
to the Trust established under such section.
(3) Reserve account.--For purposes of section
149(b)(1)(B)(ii) of the National and Community Service Act of
1990 (42 U.S.C. 12606(b)(1)(B)(ii)), a portion of the funds
appropriated under this Act, as determined by the Chief
Executive Officer based on the number of participants selected
for School Turnaround Corps projects, shall be treated as funds
appropriated for the fiscal year involved under section 501 of
the National and Community Service Act of 1990 (42 U.S.C.
12681) and made available to carry out subtitle C or D of title
I of such Act (42 U.S.C. 12571 et seq.; 42 U.S.C. 12601 et
seq.).
(4) Audits.--For purposes of section 149(c) of the National
and Community Service Act of 1990 (42 U.S.C. 12606(c)), funds
appropriated under this Act shall be treated as appropriated
funds for approved national service positions.
SEC. 5. SCHOOL TURNAROUND GRANT PROGRAM.
(a) In General.--From amounts made available under this Act after
the reservation described in subsection (b), the Chief Executive
Officer, in consultation with the Secretary, shall award grants, on a
competitive basis, to eligible entities to enable such eligible
entities--
(1) to improve the academic achievement of elementary
school and secondary school students; and
(2) to select national service participants and engage such
participants' in School Turnaround Corps projects.
(b) Amounts Reserved.--The Chief Executive Officer shall reserve
not less than 1 percent, and not more than 2 percent, of the amount
appropriated to carry out this Act for each fiscal year to award grants
under this Act to Indian tribes and organizations serving tribal
populations.
(c) Priority.--In making grants under this Act, the Chief Executive
Officer, in consultation with the Secretary--
(1) shall give priority to eligible entities that will
serve significant populations of low-income students; and
(2) may give priority to eligible entities that--
(A) are located in low-income communities;
(B) will serve communities with significant
populations of families with limited English
proficiency;
(C) will place national service participants in
urban or rural areas; or
(D) will increase the ability of educators to
provide appropriate services and coordinate activities
with State and local systems providing services under
part B of the Individuals with Disabilities Education
Act (20 U.S.C. 1411 et seq.) for children with
developmental delays or disabilities, including such
children in the child welfare system of the State.
(d) Use of Funds.--
(1) In general.--An eligible entity that receives a grant
under this section shall use the funds made available through
the grant to carry out 1 or more of the activities described in
paragraphs (2) through (6), and shall engage national service
participants to carry out such activities.
(2) Increasing high-quality, individualized learning
time.--Improving the quality and frequency of individualized
learning time provided to elementary school and secondary
school students by providing individualized support, which may
include increasing postsecondary education enrollment rates
through postsecondary education preparation counseling
assistance, including assistance with completing the Free
Application for Federal Student Aid (FAFSA) and applications
for institutions of higher education, and educating students
and their families about financial literacy for postsecondary
education.
(3) Out-of-school and extended learning programs.--
Increasing personalized, out-of-school and extended learning
programs provided to elementary school and secondary school
students by engaging national service participants to serve
as--
(A) tutors who provide individualized, academic
support outside of the standard school day; and
(B) family resource mentors who connect the
student, family, and school in an open conversation
about the student's academic situation.
(4) College and career readiness and graduation coaches.--
The provision of individual graduation, postsecondary
education, and career preparation guidance and assistance by
college or career planing advisors.
(5) Schoolwide activities.--Carrying out schoolwide
activities, including--
(A) establishing a school culture and environment
that improves school safety, attendance, and discipline
and addressing other non-academic factors that impact
student achievement, such as students' social,
emotional, and health needs; and
(B) carrying out activities to increase graduation
rates, such as early warning systems, credit-recovery
programs, and re-engagement strategies.
(6) Accelerating reading and mathematics knowledge and
skills.--The provision of activities to accelerate students'
acquisition of reading and mathematics knowledge and skills.
SEC. 6. ANNUAL REPORT.
(a) In General.--As a condition on receipt of any funds for a
program under this Act, each grantee shall agree to submit an annual
report at such time, in such manner, and containing such information as
the Chief Executive Officer, in consultation with the Secretary, may
require.
(b) Content.--At a minimum, each annual report under this
subsection shall describe--
(1) the degree to which progress has been made toward
meeting the annual benchmarks and long-term goals and
objectives described in the grant recipient's application; and
(2) demographic data about low-performing schools,
including the number of low-income and minority students,
served in each program.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$25,000,000 for fiscal year 2016, and such sums as may be necessary for
each of the 5 succeeding fiscal years. | AmeriCorps School Turnaround Act of 2015 This bill authorizes a grant program to enable elementary schools, secondary schools, or specified entities that serve low-performing schools to: (1) improve the academic achievement of elementary and secondary school students, and (2) select national service participants and engage such participants in school turnaround projects. An entity that receives a grant under the program must use the grant funds to carry out one or more of the following activities: (1) improving the quality and frequency of individualized learning time, (2) increasing individualized learning time or extended learning programs, (3) providing college and career readiness guidance and assistance, (4) accelerating reading and mathematics knowledge and skills, or (5) carrying out school-wide activities to increase graduation rates or address nonacademic factors impacting student achievement. | {"src": "billsum_train", "title": "AmeriCorps School Turnaround Act of 2015"} | 2,446 | 163 | 0.615718 | 1.689456 | 0.788948 | 3.012658 | 13.772152 | 0.936709 |
SECTION 1. FORT PRESQUE ISLE NATIONAL HISTORIC SITE, PENNSYLVANIA.
(a) Findings and Purposes.--
(1) Findings.--The Congress finds the following:
(A) Fort Presque Isle was a frontier outpost
located on Garrison Hill in the area of present-day
Erie, Pennsylvania, which was the site of the American
installations built in 1795 and 1796 and in the War of
1812.
(B) General Anthony Wayne was a Revolutionary War
hero who served under General George Washington and, at
one point, was commanding general of the United States
Army. He first arrived in the area of Presque Isle in
1786.
(C) Legend has it that General Wayne was nicknamed
``Mad'' by his troops, not for being rash or foolish,
but for his leadership and bravery on and off the
battlefield.
(D) The original blockhouse of Fort Presque Isle
was built in 1795 by 200 Federal troops from General
Wayne's army, under the direction of Captain John
Grubb. It was the first blockhouse used as part of a
defensive system established to counter Native American
uprisings. It was also used during the War of 1812.
(E) General Wayne was stricken ill at Fort Presque
Isle and died there in 1796. At his request, his body
was buried under the flagpole of the northwest
blockhouse of the fort.
(F) The original blockhouse of Fort Presque Isle
burned in 1852, and the existing structure was built by
the Commonwealth of Pennsylvania in 1880 as a memorial
to General Wayne.
(G) The Pennsylvania Historical and Museum
Commission has recognized the reconstructed blockhouse
as eligible for placement on the National Register of
Historic Places.
(2) Purposes.--The purposes of this section are the
following:
(A) To provide for reconstruction of the frontier
fort at Presque Isle for the benefit, inspiration, and
education of the people of the United States.
(B) To preserve the original grave site of General
``Mad'' Anthony Wayne at Fort Presque Isle.
(C) To broaden understanding of the historical
significance of Fort Presque Isle.
(b) Definitions.--In this section:
(1) Historic site.--The term ``historic site'' means the
Fort Presque Isle National Historic Site established by
subsection (c).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(c) Establishment of Fort Presque Isle National Historic Site.--
(1) Establishment.--There is established as a unit of the
National Park System the Fort Presque Isle National Historic
Site in Erie, Pennsylvania.
(2) Description.--
(A) In general.--The historic site shall consist of
land and improvements comprising the historic location
of Fort Presque Isle, including the existing blockhouse
replica at that location, as depicted on a map entitled
``________'', numbered ________ and dated ________,
comprising approximately ________ acres.
(B) Map and boundary description.--The map referred
to in subparagraph (A) and accompanying boundary
description shall be on file and available for public
inspection in the office of the Director of the
National Park Service and any other office of the
National Park Service that the Secretary determines to
be an appropriate location for filing the map and
boundary description.
(d) Administration of the Historic Site.--
(1) In general.--The Secretary shall administer the
historic site in accordance with this section and the
provisions of law generally applicable to units of the National
Park System, including the Act of August 25, 1916 (commonly
known as the National Park Service Organic Act; 16 U.S.C. 1 et
seq.), and the Act of August 21, 1935 (commonly known as the
Historic Sites, Buildings, and Antiquities Act; 16 U.S.C. 461
et seq.).
(2) Cooperative agreements.--To further the purposes of
this section, the Secretary may enter into a cooperative
agreement with any interested individual, public or private
agency, organization, or institution.
(3) Technical and preservation assistance.--
(A) In general.--The Secretary may provide to any
eligible person described in subparagraph (B) technical
assistance for the preservation of historic structures
of, the maintenance of the cultural landscape of, and
local preservation planning for, the historic site.
(B) Eligible persons.--The eligible persons
described in this subparagraph are--
(i) an owner of real property within the
boundary of the historic site, as described in
subsection (c)(2); and
(ii) any interested individual, agency,
organization, or institution that has entered
into an agreement with the Secretary pursuant
to paragraph (2) of this subsection.
(e) Acquisition of Real Property--The Secretary may acquire by
donation, exchange, or purchase with funds made available by donation
or appropriation, such lands or interests in lands as may be necessary
to allow for the interpretation, preservation, or restoration of the
historic site.
(f) General Management Plan.--
(1) In general.--Not later than the last day of the third
full fiscal year beginning after the date of enactment of this
Act, the Secretary shall, in consultation with the officials
described in paragraph (2), prepare a general management plan
for the historic site.
(2) Consultation.--In preparing the general management
plan, the Secretary shall consult with an appropriate official
of each appropriate political subdivisions of the State of
Pennsylvania that have jurisdiction over all or a portion of
the historic site.
(3) Submission of plan to congress.--Upon the completion of
the general management plan, the Secretary shall submit a copy
of the plan to the Committee on Energy and Natural Resources of
the Senate and the Committee on Resources of the House of
Representatives. | Authorizes the Secretary of the Interior, in administering the site, to acquire by donation, exchange, or purchase any lands or interests necessary to allow for the site's interpretation, preservation, or restoration.
Requires the Secretary to prepare and submit to specified congressional committees a general management plan for the site. | {"src": "billsum_train", "title": "To establish the Fort Presque Isle National Historic Site in the Commonwealth of Pennsylvania."} | 1,266 | 69 | 0.29211 | 0.816048 | 0.189677 | 2.762712 | 20.271186 | 0.898305 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Criminal Alien Assistance
Program II and Local Medical Emergency Reimbursement Act''.
TITLE I--STATE CRIMINAL ALIEN ASSISTANCE PROGRAM II
SEC. 101. PURPOSES.
The purposes of this title are--
(1) to assist States and local communities by providing
financial assistance for expenditures for illegal juvenile
aliens, and for related costs to States and units of local
government that suffer a substantially disproportionate share
of the impact of criminal illegal aliens on their law
enforcement and criminal justice systems; and
(2) to ensure equitable treatment for those States and
local governments that are affected by Federal policies and
strategies aimed at curbing illegal immigration and criminal
alien activity implemented on the Southwest border of the
United States.
SEC. 103. REIMBURSEMENT OF STATES FOR INDIRECT COSTS RELATING TO THE
INCARCERATION OF ILLEGAL ALIENS.
Section 501 of the Immigration Reform and Control Act of 1986 (8
U.S.C. 1365) is amended--
(1) in subsection (a), by striking ``for'' and all that
follows through ``State'' and inserting ``for--
``(1) the costs incurred by the State for the imprisonment
of any illegal alien or Cuban national who is convicted of a
felony by such State; and
``(2) the indirect costs related to the imprisonment
described in paragraph (1).'';
(2) by striking subsection (c) and inserting the following:
``(c) Indirect Costs Defined.--In subsection (a), the term
`indirect costs' includes--
``(1) court costs, county attorney costs, detention costs,
and criminal proceedings expenditures that do not involve going
to trial;
``(2) indigent defense; and
``(3) unsupervised probation costs.''; and
(3) by amending subsection (d) to read as follows:
``(d) Authorization of Appropriations.--There is authorized to be
appropriated $200,000,000 to carry out subsection (a)(2) for each of
the fiscal years 2002 through 2005.''.
SEC. 104. REIMBURSEMENT OF STATES FOR COSTS OF INCARCERATING JUVENILE
ALIENS.
(a) In General.--Section 501 of the Immigration Reform and Control
Act of 1986 (8 U.S.C. 1365), as amended by section 103 of this Act, is
further amended--
(1) in subsection (a)(1), by inserting ``or illegal
juvenile alien who has been adjudicated delinquent or committed
to a juvenile correctional facility by such State or locality''
before the semicolon;
(2) in subsection (b), by inserting ``(including any
juvenile alien who has been adjudicated delinquent or has been
committed to a correctional facility)'' before ``who is in the
United States unlawfully''; and
(3) by adding at the end the following:
``(f) Juvenile Alien Defined.--In this section, the term `juvenile
alien' means an alien (as defined in section 101(a)(3) of the
Immigration and Nationality Act) who has been adjudicated delinquent or
committed to a correctional facility by a State or locality as a
juvenile offender.''.
(b) Annual Report.--Section 332 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1366) 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) the number of illegal juvenile aliens (as defined in
section 501(f) of the Immigration Reform and Control Act) that
are committed to State or local juvenile correctional
facilities, including the type of offense committed by each
juvenile.''.
(c) Conforming Amendment.--Section 241(i)(3)(B) of the Immigration
and Nationality Act (8 U.S.C. 1231(i)(3)(B)) is amended--
(1) by striking ``or'' at the end of clause (ii);
(2) by striking the period at the end of clause (iii) and
inserting ``; or''; and
(3) by adding at the end the following:
``(iv) is a juvenile alien with respect to
whom section 501 of the Immigration Reform and
Control Act of 1986 applies.''.
SEC. 105. REIMBURSEMENT OF STATES BORDERING MEXICO OR CANADA.
Section 501 of the Immigration Reform and Control Act of 1986 (8
U.S.C. 1365), as amended by sections 103 and 104 of this Act, is
further amended by adding at the end the following new subsection:
``(g) Manner of Allotment of Reimbursements.--Reimbursements under
this section shall be allotted in a manner that takes into account
special consideration for any State that--
TITLE II--REIMBURSEMENT OF STATES AND LOCALITIES FOR EMERGENCY HEALTH
SERVICES TO UNDOCUMENTED ALIENS
SEC. 201. AUTHORIZATION OF ADDITIONAL FEDERAL REIMBURSEMENT OF
EMERGENCY HEALTH SERVICES FURNISHED TO UNDOCUMENTED
ALIENS
(a) Total Amount Available for Allotment.--To the extent of
available appropriations under subsection (e), there are available for
allotments under this section for each of fiscal years 2002 through
2005, $200,000,000 for payments to certain States under this section.
(b) State Allotment Amount.--
(1) In general.--The Secretary shall compute an allotment
for each fiscal year beginning with fiscal year 2002 and ending
with fiscal year 2005 for each of the 17 States with the
highest number of undocumented aliens. The amount of such
allotment for each such State for a fiscal year shall bear the
same ratio to the total amount available for allotments under
subsection (a) for the fiscal year as the ratio of the number
of undocumented aliens in the State in the fiscal year bears to
the total of such numbers for all such States for such fiscal
year. The amount of allotment to a State provided under this
paragraph for a fiscal year that is not paid out under
subsection (c) shall be available for payment during the
subsequent fiscal year.
(2) Determination.--For purposes of paragraph (1), the
number of undocumented aliens in a State under this section
shall be determined based on estimates of the resident illegal
alien population residing in each State prepared by the
Statistics Division of the Immigration and Naturalization
Service as of October 1992 (or as of such later date if such
date is at least 1 year before the beginning of the fiscal year
involved).
(c) Use of Funds.--
(1) In general.--From the allotments made under subsection
(b) for a fiscal year, the Secretary shall pay to each State
amounts described in a State plan, submitted to the Secretary,
under which the amounts so allotted will be paid to local
governments, hospitals, and related providers of emergency
health services to undocumented aliens in a manner that--
(A) takes into account--
(i) each eligible local government's,
hospital's or related provider's payments under
the State plan approved under title XIX of the
Social Security Act for emergency medical
services described in section 1903(v)(2)(A) of
such Act (42 U.S.C. 1396b(v)(2)(A)) for such
fiscal year; or
(ii) an appropriate alternative proxy for
measuring the volume of emergency health
services provided to undocumented aliens by
eligible local governments, hospitals, and
related providers for such fiscal year; and
(B) provides special consideration for local
governments, hospitals, and related providers located
in--
(i) a county that shares a border with
Mexico or Canada; or
(ii) an area in which a large number of
undocumented aliens reside relative to the
general population of the area.
(2) Special rules.--For purposes of this subsection:
(A) A provider shall be considered to be
``related'' to a hospital to the extent that the
provider furnishes emergency health services to an
individual for whom the hospital also furnishes
emergency health services.
(B) Amounts paid under this subsection shall not
duplicate payments made under title XIX of the Social
Security Act for the provision of emergency medical
services described in section 1903(v)(2)(A) of such Act
(42 U.S.C. 1396b(v)(2)(A)).
(d) Definitions.--In this section:
(1) Hospital.--The term ``hospital'' has the meaning given
such term in section 1861(e) of the Social Security Act (42
U.S.C. 1395x(e)).
(2) Provider.--The term ``provider'' includes a physician,
another health care professional, and an entity that furnishes
emergency ambulance services.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(4) State.--The term ``State'' means the 50 States and the
District of Columbia.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $200,000,000 for each of fiscal
years 2002 through 2005. | State Criminal Alien Assistance Program II and Local Medical Emergency Reimbursement Act - Amends the Immigration Reform and Control Act of 1986 to provide for the reimbursement of States for indirect costs of incarcerating illegal aliens.Defines such costs as: (1) court costs, county attorney costs, and non-trial criminal proceedings; (2) indigent defense; and (3) unsupervised probation costs.Provides for the reimbursement of States for costs of incarcerating juvenile aliens.Provides that reimbursement of States for incarcerating illegal aliens and certain Cuban nationals shall be allocated to give special consideration for any State that: (1) shares a border with Mexico or Canada; or (2) has a large number of undocumented aliens.Authorizes appropriations for allotments to States to be paid to local governments, hospitals, and other providers for emergency health services provided to undocumented aliens. Provides special consideration for providers: (1) in a border county with Mexico or Canada; or (2) in an area with a large number of undocumented aliens. | {"src": "billsum_train", "title": "To provide Federal reimbursement for indirect costs relating to the incarceration of illegal criminal aliens and for emergency health services furnished to undocumented aliens."} | 2,164 | 237 | 0.656143 | 1.907722 | 0.860087 | 4.139175 | 9.371134 | 0.943299 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prescribe A Book Act''.
SEC. 2. PEDIATRIC INVOLVEMENT IN READING AND EDUCATION.
Part D of title V of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7241 et seq.) is amended by adding at the end the
following:
``Subpart 22--Pediatric Early Literacy Programs
``SEC. 5621. DEFINITIONS.
``In this subpart:
``(1) Eligible entity.--The term `eligible entity' means a
nonprofit organization that has, as determined by the
Secretary, demonstrated effectiveness in the following areas:
``(A) Providing peer-to-peer training to healthcare
providers in research-based methods of literacy
promotion as part of routine pediatric health
supervision visits.
``(B) Delivering a training curriculum through a
variety of medical education settings, including
residency training, continuing medical education, and
national pediatric conferences.
``(C) Providing technical assistance to local
healthcare facilities to effectively implement a high-
quality Pediatric Early Literacy Program.
``(D) Offering opportunities for local healthcare
facilities to obtain books at significant discounts, as
described in section 5626.
``(E) Integrating the latest developmental and
educational research into the training curriculum for
healthcare providers described in subparagraph (B).
``(2) Pediatric early literacy program.--The term
`Pediatric Early Literacy Program' means a program that--
``(A) creates and implements a 3-part model through
which--
``(i) healthcare providers, doctors, and
nurses, trained in research-based methods of
early language and literacy promotion,
encourage parents to read aloud to their young
children, and offer developmentally appropriate
recommendations and strategies to parents for
the purpose of reading aloud to their children;
``(ii) healthcare providers, at health
supervision visits, provide each child between
the ages of 6 months and 5 years a new,
developmentally appropriate children's book to
take home and keep; and
``(iii) volunteers in waiting areas of
healthcare facilities read aloud to children,
modeling for parents the techniques and
pleasures of sharing books together;
``(B) demonstrates, through research published in
peer-reviewed journals, effectiveness in positively
altering parent behavior regarding reading aloud to
children, and improving expressive and receptive
language in young children; and
``(C) receives the endorsement of nationally
recognized medical associations and academies.
``SEC. 5622. PROGRAM AUTHORIZED.
``The Secretary is authorized to award grants to eligible entities
to enable the eligible entities to implement Pediatric Early Literacy
Programs.
``SEC. 5623. APPLICATIONS.
``An eligible entity that desires to receive a grant under section
5622 shall submit an application to the Secretary at such time, in such
manner, and including such information as the Secretary may reasonably
require.
``SEC. 5624. MATCHING REQUIREMENT.
``An eligible entity receiving a grant under section 5622 shall
provide, either directly or through private contributions, non-Federal
matching funds equal to not less than 50 percent of the grant received
by the eligible entity under section 5622. Such matching funds may be
in cash or in-kind.
``SEC. 5625. USE OF GRANT FUNDS.
``(a) In General.--An eligible entity receiving a grant under
section 5622 shall--
``(1) enter into contracts with private nonprofit
organizations, or with public agencies, selected based on the
criteria described in subsection (b), under which each
contractor will agree to establish and operate a Pediatric
Early Literacy Program;
``(2) provide such training and technical assistance to
each contractor of the eligible entity as may be necessary to
carry out this subpart; and
``(3) include such other terms and conditions in an
agreement with a contractor as the Secretary determines to be
appropriate to ensure the effectiveness of such programs.
``(b) Contractor Criteria.--Each contractor shall be selected under
subsection (a)(1) on the basis of the extent to which the contractor
gives priority to serving a substantial number or percentage of at-risk
children, including--
``(1) children from families with an income below 200
percent of the poverty line applicable to a family of the size
involved, particularly such children in high-poverty areas;
``(2) children without adequate medical insurance;
``(3) children enrolled in a State Medicaid program,
established under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.) or in the State Children's Health
Insurance Program established under title XXI of such Act (42
U.S.C. 1397aa et seq.);
``(4) children living in rural areas;
``(5) migrant children; and
``(6) children with limited access to libraries.
``SEC. 5626. RESTRICTION ON PAYMENTS.
``The Secretary shall make no payment to an eligible entity under
this subpart unless the Secretary determines that the eligible entity
or a contractor of the eligible entity, as the case may be, has made
arrangements with book publishers or distributors to obtain books at
discounts that are at least as favorable as discounts that are
customarily given by such publisher or distributor for book purchases
made under similar circumstances in the absence of Federal assistance.
``SEC. 5627. REPORTING REQUIREMENT.
``An eligible entity receiving a grant under section 5622 shall
report annually to the Secretary on the effectiveness of the program
implemented by the eligible entity and the programs instituted by each
contractor of the eligible entity, and shall include in the report a
description of each program.''.
SEC. 3. CONFORMING AMENDMENT.
The table of contents in section 2 of the Elementary and Secondary
Education Act is amended by inserting after the item relating to
section 5618 the following:
``subpart 22--pediatric early literacy programs
``Sec. 5621. Definitions.
``Sec. 5622. Program authorized.
``Sec. 5623. Applications.
``Sec. 5624. Matching requirement.
``Sec. 5625. Use of grant funds.
``Sec. 5626. Restriction on payments.
``Sec. 5627. Reporting requirement.''. | Prescribe A Book Act - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award matching grants to nonprofit organizations for the implementation of Pediatric Early Literacy Programs, through which: (1) health care providers encourage parents to read aloud to their children and offer parents developmentally appropriate recommendations and strategies for doing so; (2) health care providers give each visiting child between the ages of six months and five years a new, developmentally appropriate children's book to take home and keep; and (3) volunteers in health care facility waiting areas read to children and show parents the techniques and pleasures of sharing books. Requires that the books provided to children under the programs be obtained at a discount. | {"src": "billsum_train", "title": "Prescribe A Book Act"} | 1,434 | 152 | 0.57622 | 1.676153 | 0.8146 | 2.71223 | 9.460432 | 0.870504 |
SECTION 1. BROADCAST OWNERSHIP.
(a) Amendment.--Title III of the Communications Act of 1934 is
amended by inserting after section 335 (47 U.S.C. 335) the following
new section:
``SEC. 336. BROADCAST OWNERSHIP.
``(a) Limitations on Commission Rulemaking Authority.--Except as
expressly permitted in this section, the Commission shall not prescribe
or enforce any regulation--
``(1) prohibiting or limiting, either nationally or within
any particular area, a person or entity from holding any form
of ownership or other interest in two or more broadcasting
stations or in a broadcasting station and any other medium of
mass communication; or
``(2) prohibiting a person or entity from owning,
operating, or controlling two or more networks of broadcasting
stations or from owning, operating, or controlling a network of
broadcasting stations and any other medium of mass
communications.
``(b) Television Ownership Limitations.--
``(1) National audience reach limitations.--The Commission
shall prohibit a person or entity from obtaining any license if
such license would result in such person or entity directly or
indirectly owning, operating, or controlling, or having a
cognizable interest in, television stations which have an
aggregate national audience reach exceeding--
``(A) 35 percent, for any determination made under
this paragraph before one year after the date of
enactment of this section; or
``(B) 50 percent, for any determination made under
this paragraph on or after one year after such date of
enactment.
Within 2 years after such date of enactment, the Commission
shall conduct a study on the operation of this paragraph and
submit a report to the Congress on the development of
competition in the television marketplace and the need for any
revisions to or elimination of this paragraph.
``(2) Multiple licenses in a market.--
``(A) In general.--The Commission shall prohibit a
person or entity from obtaining any license if such
license would result in such person or entity directly
or indirectly owning, operating, or controlling, or
having a cognizable interest in, two or more television
stations within the same television market.
``(B) Exception for multiple uhf stations and for
uhf-vhf combinations.--Notwithstanding subparagraph
(A), the Commission shall not prohibit a person or
entity from directly or indirectly owning, operating,
or controlling, or having a cognizable interest in, two
television stations within the same television market
if at least one of such stations is a UHF television,
unless the Commission determines that permitting such
ownership, operation, or control will harm competition
or will harm the preservation of a diversity of voices
in the local television market.
``(C) Exception for vhf-vhf combinations.--
Notwithstanding subparagraph (A), the Commission may
permit a person or entity to directly or indirectly
own, operate, or control, or have a cognizable interest
in, two VHF television stations within the same
television market, if the Commission determines that
permitting such ownership, operation, or control will
not harm competition and will not harm the preservation
of a diversity of voices in the local television
market.
``(c) Definitional Regulations Permitted.--The Commission may
prescribe regulations--
``(1) providing for the treatment of any persons or
entities under common ownership or control as a single person
or entity for purposes of this section, except that the
Commission shall not change the attribution rules in effect on
the date of enactment of this section;
``(2) specifying procedures for the determination of
markets and audience reach; and
``(3) defining direct or indirect ownership, operation, and
control, and cognizable interest, consistent with the purposes
of this section.
``(d) Transition Provisions.--Any provision of any regulation
prescribed before the date of enactment of this section that is
inconsistent with the requirements of this section shall cease to be
effective on such date of enactment. The Commission shall complete all
actions (including any reconsideration) necessary to amend its
regulations to conform to the requirements of this section not later
than 6 months after such date of enactment. Nothing in this section
shall be construed to prohibit the continuation or renewal of any
television local marketing agreement that is in effect on such date of
enactment and that is in compliance with Commission regulations on such
date.''.
(b) Conforming Amendment.--Section 613(a) of the Communications Act
of 1934 (47 U.S.C. 533(a)) is repealed. | Amends the Communications Act of 1934 (the Act) to prohibit the Federal Communications Commission (FCC) from prescribing or enforcing any regulation: (1) prohibiting or limiting, either nationally or within any particular area, a person or entity from holding any form of ownership or other interest in two or more broadcasting stations or in such a station and any other medium of mass communication; or (2) prohibiting a person or entity from owning, operating, or controlling two or more networks of broadcasting stations or such a network and any other medium of mass communications.
Requires the FCC to prohibit a person or entity from obtaining any license if such license would result in such person or entity directly or indirectly owning, operating, controlling, or having a cognizable interest in: (1) television stations which have an aggregate national audience reach exceeding 35 percent for any determination made before one year after enactment of this Act or 50 percent for any determination made thereafter; or (2) two or more television stations within the same market, except where at least one of the stations is a UHF station or where the Commission determines that ownership, operation, or control of two VHF television stations within the same market would not harm the preservation of a diversity of voices in the market. Requires the FCC to study and report to the Congress, within two years after the enactment of this Act, on the development of competition in the television marketplace and the need for any revisions to, or elimination of, audience reach limitations under this Act. | {"src": "billsum_train", "title": "To amend the Communications Act of 1934 to reduce the restrictions on ownership of broadcasting stations and other media of mass communications."} | 1,032 | 333 | 0.811756 | 2.231086 | 0.893568 | 5.377104 | 3.104377 | 0.946128 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Citizen Legislature and Political
Freedom Act''.
SEC. 2. REMOVAL OF LIMITATIONS ON FEDERAL ELECTION CAMPAIGN
CONTRIBUTIONS.
Section 315(a) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a(a)) is amended by adding at the end the following new
paragraph:
``(9) The limitations established under this subsection shall not
apply to contributions made during calendar years beginning after
1998.''
SEC. 3. TERMINATION OF TAXPAYER FINANCING OF PRESIDENTIAL ELECTION
CAMPAIGNS.
(a) Termination of Designation of Income Tax Payments.--Section
6096 of the Internal Revenue Code of 1986 is amended by adding at the
end the following new subsection:
``(d) Termination.--This section shall not apply to taxable years
beginning after December 31, 1997.''
(b) Termination of Fund and Account.--
(1) Termination of presidential election campaign fund.--
(A) In general.--Chapter 95 of subtitle H of such
Code is amended by adding at the end the following new
section:
``SEC. 9014. TERMINATION.
The provisions of this chapter shall not apply with respect to any
presidential election (or any presidential nominating convention) after
December 31, 1998, or to any candidate in such an election.''
(B) Transfer of excess funds to general fund.--
Section 9006 of such Code is amended by adding at the
end the following new subsection:
``(d) Transfer of Funds Remaining After 1998.--The Secretary shall
transfer all amounts in the fund after December 31, 1998, to the
general fund of the Treasury.''
(2) Termination of account.--Chapter 96 of subtitle H of
such Code is amended by adding at the end the following new
section:
``SEC. 9043. TERMINATION.
The provisions of this chapter shall not apply to any candidate
with respect to any presidential election after December 31, 1998.''
(c) Clerical Amendments.--
(1) The table of sections for chapter 95 of subtitle H of
such Code is amended by adding at the end the following new
item:
``Sec. 9014. Termination.''
(2) The table of sections for chapter 96 of subtitle H of
such Code is amended by adding at the end the following new
item:
``Sec. 9043. Termination.''
SEC. 4. DISCLOSURE REQUIREMENTS FOR CERTAIN SOFT MONEY EXPENDITURES OF
POLITICAL PARTIES.
(a) Transfers of Funds by National Political Parties.--Section
304(b)(4) of the Federal Election Campaign Act of 1971 (2 U.S.C.
434(b)(4)) is amended--
(1) by striking ``and'' at the end of subparagraph (H);
(2) by adding ``and'' at the end of subparagraph (I); and
(3) by adding at the end the following new subparagraph:
``(J) in the case of a political committee of a
national political party, all funds transferred to any
political committee of a State or local political
party, without regard to whether or not the funds are
otherwise treated as contributions or expenditures
under this title;''.
(b) Disclosure by State and Local Political Parties of Information
Reported Under State Law.--Section 304 of such Act (2 U.S.C. 434) is
amended by adding at the end the following new subsection:
``(d) If a political committee of a State or local political party
is required under a State or local law, rule, or regulation to submit a
report on its disbursements to an entity of the State or local
government, the committee shall file a copy of the report with the
Commission at the time it submits the report to such an entity.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to elections occurring after January 1999.
SEC. 5. PROMOTING EXPEDITED AVAILABILITY OF FEC REPORTS.
(a) Mandatory Electronic Filing.--Section 304(a)(11)(A) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)(11)(A)) is
amended by striking ``permit reports required by'' and inserting
``require reports under''.
(b) Requiring Reports for All Contributions Made to Any Political
Committee Within 90 Days of Election; Requiring Reports To Be Made
Within 24 Hours.--Section 304(a)(6) of such Act (2 U.S.C. 434(a)(6)) is
amended to read as follows:
``(6)(A) Each political committee shall notify the Secretary or the
Commission, and the Secretary of State, as appropriate, in writing, of
any contribution received by the committee during the period which
begins on the 90th day before an election and ends at the time the
polls close for such election. This notification shall be made within
24 hours (or, if earlier, by midnight of the day on which the
contribution is deposited) after the receipt of such contribution and
shall include the name of the candidate involved (as appropriate) and
the office sought by the candidate, the indentification of the
contributor, and the date of receipt and amount of the contribution.
``(B) The notification required under this paragraph shall be in
addition to all other reporting requirements under this Act.''.
(c) Increasing Electronic Disclosure.--Section 304 of such Act (2
U.S.C. 434(a)), as amended by section 4(b), is further amended by
adding at the end the following new subsection:
``(e)(1) The Commission shall make the information contained in the
reports submitted under this section available on the Internet and
publicly available at the offices of the Commission as soon as
practicable (but in no case later than 24 hours) after the information
is received by the Commission.
``(2) In this subsection, the term `Internet' means the
international computer network of both Federal and non-Federal
interoperable packet-switched data networks.''.
(d) Effective Date.--The amendment made by this section shall apply
with respect to reports for periods beginning on or after January 1,
1999.
SEC. 6. WAIVER OF ``BEST EFFORTS'' EXCEPTION FOR INFORMATION ON
IDENTIFICATION OF CONTRIBUTORS.
(a) In General.--Section 302(i) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 432(i)) is amended--
(1) by striking ``(i) When the treasurer'' and inserting
``(i)(1) Except as provided in paragraph (2), when the
treasurer''; and
(2) by adding at the end the following new paragraph:
``(2) Paragraph (1) shall not apply with respect to information
regarding the identification of any person who makes a contribution or
contributions aggregating more than $200 during a calendar year (as
required to be provided under subsection (c)(3)).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to persons making contributions for elections
occurring after January 1999. | Citizen Legislature and Political Freedom Act - Amends the Federal Election Campaign Act of 1971 (FECA) to remove the limitations on Federal election campaign contributions after 1998.
(Sec. 3) Amends the Internal Revenue Code to terminate: (1) the designation of income tax payments to the Presidential Election Campaign Fund after December 31, 1997; (2) the Presidential Election Campaign Fund after December 31, 1998; and (3) the Presidential Primary Matching Payment Account after December 31, 1998.
(Sec. 4) Amends FECA to require the following regarding soft money expenditures of political parties: (1) the disclosure of all funds (soft money) transferred by a political committee of a national political party to any political committee of a State or local political party, without regard to whether or not the funds are otherwise treated as contributions or expenditures; and (2) a political committee of a State or local political party required under State or local law, rule, or regulation to submit a report on its disbursements to an entity of the State or local government, to file a copy of the report with the Federal Election Commission (Commission) at the time it submits the report to such an entity.
(Sec. 5) Revises reporting requirements to provide for mandatory electronic filing of FECA reports.
Repeals requirements regarding the candidate's principal campaign committee notifying the Clerk of the House, the Secretary or Commission, and the Secretary of the Senate, as appropriate, in writing, of any contribution of $1,000 or more received by any authorized committee of the candidate. Replaces them with requirements providing for each political committee to notify the Secretary or the Commission, and the Secretary of the Senate, as appropriate, in writing, of any contribution received by the committee within 90 days of an election, within 24 hours (or, if earlier, by midnight of the day on which the contribution is deposited) after the receipt of such contribution and include the involved candidate's name (as appropriate) and the office sought by the candidate, the identification of the contributor, and the date of receipt and the contribution amount, in addition to all other reporting requirements.
Directs the Commission to make the information contained in the reports submitted available on the Internet and publicly available at Commission offices as soon as practicable (but in no case later than 24 hours) after the information is received by the Commission.
(Sec. 6) Waives the "best efforts" exception with respect to information regarding the identification of any person who makes a contribution or contributions aggregating more than $200 during a calendar year (as currently required to be provided). | {"src": "billsum_train", "title": "Citizen Legislature and Political Freedom Act"} | 1,655 | 546 | 0.564819 | 1.810207 | 0.589222 | 5.508738 | 2.741748 | 0.926214 |
SECTION 1. CRIMINAL OFFENSES COMMITTED OUTSIDE THE UNITED STATES
(a) In General.--Subtitle A of title 10 of the United States Code
is amended by inserting after chapter 49 the following new chapter:
``CHAPTER 50--CRIMINAL OFFENSES COMMITTED OUTSIDE THE UNITED STATES
``Sec.
``991. Definitions.
``992. Criminal offenses committed by a member of the armed forces or
by any person serving with, employed by, or
accompanying the armed forces outside of
the United States.
``993. Delivery to authorities of foreign countries.
``Sec. 991. Definitions
``In this chapter:
``(1) The term `United States' includes the special
maritime and territorial jurisdiction of the United States.
``(2) The term `special maritime and territorial
jurisdiction of the United States' has the same meaning as is
provided in section 7 of title 18.
``(3) The term `criminal offense' means an offense
classified in section 1 of title 18 as a felony or a
misdemeanor (not including a petty offense).
``Sec. 992. Criminal offenses committed by a member of the armed forces
or by any person serving with, employed by, or
accompanying the armed forces outside of the United
States
``(a) Except as otherwise provided in this section, any person who,
while serving as a member of the armed forces outside the United
States, or while serving with, employed by, or accompanying the armed
forces outside of the United States, engages in conduct which would
constitute a criminal offense if the conduct were engaged in within the
special maritime and territorial jurisdiction of the United States
shall be guilty of a like offense against the United States and shall
be subject to the same punishment as is provided under the provisions
of title 18 for such like offense.
``(b) A member of the armed forces may not be tried pursuant to an
indictment or information charging an offense described under
subsection (a) while such member is subject to trial by court-martial
for the conduct charged in such indictment or information.
``(c) A person employed by the armed forces outside the United
States is not punishable under subsection (a) of this section for
conduct described in such subsection if such person is not a national
of the United States and was appointed to his position of employment in
the country in which such person engaged in such conduct.
``(d)(1) Except in the case of a prosecution approved as provided
in paragraph (2), prosecution of a person may not be commenced under
this section for an offense described in subsection (a) if a foreign
government, in accordance with jurisdiction recognized by the United
States, has prosecuted such person for the conduct constituting such
offense.
``(2) The Attorney General of the United States, the Deputy
Attorney General of the United States, the Associate Attorney General
of the United States, or an Assistant Attorney General of the United
States may approve a prosecution which, except for this paragraph, is
prohibited under paragraph (1). An approval of prosecution under this
paragraph must be in writing. The authority to approve a prosecution
under this paragraph may not be delegated below the level of Assistant
Attorney General.
``(e)(1) The Secretary of Defense may designate and authorize any
member of the armed forces serving in a law enforcement position in a
criminal investigative agency of the Department of Defense to apprehend
and detain, outside the United States, any person described in
subsection (a) who is reasonably believed to have engaged in conduct
which constitutes a criminal offense under such subsection.
``(2) A person apprehended and detained under paragraph (1) shall
be released to the custody of civilian law enforcement authorities of
the United States for removal to the United States for judicial
proceedings in relation in conduct referred to in such paragraph unless
(A) such person is delivered to authorities of a foreign country under
section 993 of this title, or (B) such person is pending court-martial
under chapter 47 of this title for such conduct.
``Sec. 993. Delivery to authorities of foreign countries
``(a) Any member of the armed forces designated and authorized
under subsection (e) of section 992 of this title may deliver any
person described in subsection (a) of such section to the appropriate
authorities of a foreign country in which such person is alleged to
have engaged in conduct described in such subsection (a) if--
``(1) the appropriate authorities of that country request
the delivery of the person to such country for trial for such
conduct as an offense under the laws of that country; and
``(2) the delivery of such person to that country is
authorized by a treaty or other international agreement to
which the United States is a party.
``(b) The Secretary of Defense may confine or otherwise restrain a
person whose delivery is requested under subsection (a) until the
completion of the trial of such person by the foreign country making
such request.
``(c) The Secretary of Defense shall determine what officials of a
foreign country constitute appropriate authorities for the purposes of
this section.''.
(b) Technical Amendment.--The tables of chapters at the beginning
of such title and such subtitle are each amended by inserting after the
item relating to chapter 49 the following:
``50. Criminal Offenses Outside the United States........... 991''. | Provides that members of the armed forces and persons accompanying the armed forces outside the United States who engage in conduct which would constitute a criminal offense within the maritime and territorial jurisdiction of the United States shall be guilty of a like offense against the United States and shall be subject to prosecution and punishment under the Federal criminal code. Prohibits a member of the armed forces from being so tried while subject to trial by court-martial for the same conduct. Prohibits persons employed by the armed forces outside the United States from being so tried if such persons are not nationals of the United States. Prohibits prosecution for such an offense in the United States if a foreign government has prosecuted such person for the conduct constituting such offense. Authorizes specified Federal officials to approve a prosecution which is otherwise prohibited under the grounds of prosecution by the foreign government in certain instances.
Authorizes the Secretary of Defense to designate a person to apprehend and detain outside the United States any person reasonably believed to have engaged in conduct which constitutes a criminal offense in the United States. Provides for release of such person to civilian law enforcement authorities of the United States for judicial proceedings.
Authorizes a properly-designated member of the armed forces to deliver to the appropriate authorities of a foreign country an individual alleged to have engaged in illegal conduct, if: (1) the appropriate authorities of such country request such delivery for trial; and (2) such delivery is authorized by a treaty or an agreement to which the United States is a party. | {"src": "billsum_train", "title": "A bill to amend title 10, United States Code, to provide for jurisdiction, apprehension, and detention of members of the Armed Forces and certain civilians accompanying the Armed Forces outside the United States, and for other purposes."} | 1,190 | 338 | 0.684574 | 1.944994 | 0.896132 | 3.881356 | 3.867797 | 0.877966 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Brownfields Redevelopment
Enhancement Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) grants under the Brownfields Economic Development
Initiative of the Department of Housing and Urban Development
provide local governments with a flexible source of funding to
pursue brownfields redevelopment through land acquisition, site
preparation, economic development, and other activities;
(2) to be eligible for such grant funds, a community must
be willing to pledge community development block grant funds as
partial collateral for a loan guarantee under section 108 of
the Housing and Community Development Act of 1974, and this
requirement is a barrier to many local communities that are
unable or unwilling to pledge such block grant funds as
collateral; and
(3) by providing grants for the economic development of
brownfield sites independent from section 108 loan guarantees
and the related pledge of community development block grant
funds, more communities will have access to funding for
redevelopment of brownfield sites.
(b) Purpose.--The purpose of this Act is to provide units of
general local government and Indian tribes with increased accessibility
to brownfields redevelopment funds by permitting the Secretary of
Housing and Urban Development to make grants for brownfields
development independent from section 108 loan guarantees.
SEC. 3. BROWNFIELDS DEVELOPMENT INITIATIVE.
Title I of the Housing and Community Development Act of 1974 (42
U.S.C. 5301 et seq.) is amended by adding at the end the following new
section:
``SEC. 123. BROWNFIELDS DEVELOPMENT INITIATIVE.
``(a) In General.--The Secretary may make grants under this
section, on a competitive basis as specified in section 102 of the
Department of Housing and Urban Development Reform Act of 1989 (42
U.S.C. 3545), only to eligible public entities (as such term is defined
in section 108(o) of this title) and Indian tribes for carrying out
projects and activities to assist the development and redevelopment of
brownfield sites, which shall include mine-scarred lands.
``(b) Use of Grant Amounts.--Amounts from grants under this
section--
``(1) shall be used, as provided in subsection (a) of this
section, only for activities specified in section 105(a) in
connection with a brownfield site;
``(2) shall be subject to the same requirements that, under
section 101(c) and paragraphs (2) and (3) of section 104(b),
apply to grants under section 106; and
``(3) shall not be provided or used in a manner that
reduces the financial responsibility of any nongovernmental
party that is responsible or potentially responsible for
contamination on any real property and the provision of
assistance pursuant to this section shall not in any way
relieve any party of liability with respect to such
contamination, including liability for removal and remediation
costs.
``(c) Availability of Assistance.--The Secretary shall not require,
for eligibility for a grant under this section, that such grant amounts
be used only in connection or conjunction with projects and activities
assisted with a loan guaranteed under section 108.
``(d) Applications.--Applications for assistance under this
subsection shall be in the form and in accordance with the procedures
established by the Secretary.
``(e) Selection Criteria.--
``(1) In general.--The Secretary shall establish criteria
for awarding assistance under this subsection.
``(2) Criteria.--The criteria established under paragraph
(1) shall include--
``(A) the extent of need for such assistance;
``(B) the level of distress in the community to be
served and in the jurisdiction applying for assistance;
``(C) the quality of the plan proposed and the
capacity or potential capacity of the applicant to
successfully carry out the plan; and
``(D) such other factors as the Secretary
determines to be appropriate.
``(f) Definition of Brownfield Site.--For purposes of this section,
the term `brownfield site'--
``(1) has the meaning given such term in section 101(39) of
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601(39)); and
``(2) includes a site that meets the requirements under
subparagraph (D) of such section for inclusion as a brownfield
site for purposes of section 104(k) of such Act (42 U.S.C.
9604(k)).
``(g) Authorization of Appropriations.--There are authorized to be
appropriated for grants under this section $50,000,000, for each of
fiscal years 2007, 2008, 2009, 2010, and 2011.''.
SEC. 4. TECHNICAL AMENDMENT TO ALLOW USE OF CDBG FUNDS TO ADMINISTER
RENEWAL COMMUNITIES.
Section 105(a)(13) of the Housing and Community Development Act of
1974 (42 U.S.C. 5305(a)(13)) is amended by inserting ``and renewal
communities'' after ``enterprise zones''.
SEC. 5. APPLICABILITY.
The amendments made by this Act shall apply only with respect to
amounts made available for fiscal year 2007 and fiscal years thereafter
for use under the provisions of law amended by this Act. | Brownfields Redevelopment Enhancement Act - Amends the Housing and Community Development Act of 1974 to authorize the Secretary of Housing and Urban Development to make competitive grants only to eligible public entities and Indian tribes for carrying out projects and activities to assist the development and redevelopment of brownfield sites, including mine-scarred lands. | {"src": "billsum_train", "title": "A bill to facilitate the provision of assistance by the Department of Housing and Urban Development for the cleanup and economic redevelopment of brownfields."} | 1,196 | 72 | 0.603191 | 1.592611 | 1.246165 | 5.561404 | 18.438596 | 0.964912 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enhancing America's Security through
Redeployment from Iraq Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The men and women of the United States Armed Forces
have performed brilliantly in Iraq and served the Nation
courageously.
(2) The worsening situation in Iraq is a product of ongoing
sectarian violence in which the United States Armed Forces have
been asked to take sides and referee an ongoing civil war.
(3) Sending more United States troops to Iraq, and
remaining there indefinitely, will only further increase the
dependence of the people of Iraq on the United States, both
politically and militarily, at a time when Iraqis should be
shouldering increased responsibility for their country.
(4) The failure to confidently engage diplomatically with
all countries in the region, including Iran and Syria, has
foreclosed opportunities to further the stability of Iraq.
(5) The loss of national treasure--with billions of dollars
in reconstruction aid unaccounted for, and billions of dollars
being spent for a conflict with elusive, ever-changing goals,
while United States ground forces are strained almost to the
breaking point--has negatively impacted United States military
readiness and hindered the ability of the United States to
focus on other security priorities both at home and abroad.
(6) As a result, continuing in the current direction in
Iraq means less security and a greater strategic security risk
for the United States by diverting the attention and resources
needed to advance more significant United States security goals
in the Global War on Terror and to address regional challenges
from Afghanistan, North Korea, and Iran to the Western Pacific
and Middle East regions.
(7) Maintaining a strong United States military presence in
the Middle East and Southwest Asia regions is necessary to
ensure the protection and advancement of United States and
allied interests.
SEC. 3. DECLARATIONS OF POLICY.
Congress makes the following declarations of policy:
(1) The United States must communicate unequivocally to the
political leaders in Iraq that they must take the difficult
political steps necessary to cease the sectarian violence in
Iraq, including building coalitions among competing sects,
ensuring minority rights, balancing power between provincial
and central governments, and sharing oil revenues among all
regions of Iraq.
(2) The United States must create strong incentives for
countries in the region to engage constructively with Iraq.
(3) The policy goals of paragraphs (1) and (2) cannot be
accomplished by continuing an open-ended United States military
commitment to Iraq. Rather, only by setting a deliberate
timetable for the redeployment of United States Armed Forces
from Iraq will the United States be able to ensure that the
political leaders of Iraq acknowledge and accept that they must
take the difficult political steps necessary to cease the
sectarian violence in Iraq, understanding that they would
otherwise bear the consequences of not assuming responsibility
for their country.
SEC. 4. REDEPLOYMENT OF UNITED STATES MILITARY FORCES FROM IRAQ.
(a) Redeployment Required.--
(1) Requirement.--Except as provided in subsection (b), not
later than December 31, 2007, all United States Armed Forces
serving in Iraq as part of Operation Iraqi Freedom shall be
redeployed outside of Iraq, to locations within the Middle East
or Southwest Asia regions or to other regions or nations, or
returned to the United States.
(2) Purpose and pace of redeployment.--The redeployment
required by this subsection shall be carried out for purposes
of both enhancing the global security interests of the United
States and improving the military readiness of the United
States. The Secretary of Defense shall ensure that the
redeployment is carried out at deliberate, orderly pace that
allows for the full security of members of the Armed Forces.
(b) Exceptions to Redeployment Requirement.--The redeployment
required by subsection (a) shall not apply to the following:
(1) Special operations forces.--Special operations forces
assigned outside of Iraq that conduct either targeted counter-
terrorism operations or periodic support operations of the
Iraqi security forces in Iraq.
(2) Military liaison teams.--Military or civilian personnel
on military liaison teams involved in military-to-military
contacts and comparable activities between the United States
and Iraq, as authorized under section 168 of title 10, United
States Code.
(3) Air support.--Members of the Air Force, Navy, and
Marine Corps assigned to locations outside Iraq for purposes of
conducting air operations in Iraq (including air operations in
support of combat operations) to support the Iraqi security
forces.
(4) Counter-terrorism operations.--Members of the Armed
Forces conducting targeted counter-terrorism operations in
Iraq.
(5) Security for united states diplomatic missions in
iraq.--Members of the Armed Forces providing security for the
United States Embassy and other United States diplomatic
missions in Iraq.
(6) Defense attache.--Personnel conducting routine
functions of the Office of Defense Attache.
SEC. 5. LIMITATION ON USE OF FUNDS.
Funds appropriated or otherwise made available to the Department of
Defense under any provision of law for Operation Iraqi Freedom may be
obligated or expended after December 31, 2007, only for personnel
described in and activities carried out pursuant to section 4(b).
SEC. 6. DIPLOMATIC EFFORTS BY THE UNITED STATES.
It is the sense of Congress that--
(1) the United States should take a leadership role in
diplomatic efforts and negotiations necessary for countries in
the region, including Iran and Syria, to work together to
ensure the long-term stability of Iraq, which is in the best
interests of such countries and the United States; and
(2) the United States should convene an international
conference to bring together countries throughout the world to
provide economic aid for rebuilding the infrastructure of Iraq
and other reconstruction efforts in Iraq that are essential to
ensure the long-term stability of Iraq. | Enhancing America's Security Through Redeployment from Iraq Act - Requires that, no later than December 31, 2007, all U.S. Armed Forces serving in Iraq be redeployed outside of Iraq, either to locations within the Middle East or Southwest Asia regions or other regions or nations, or to the United States. Provides redeployment exceptions with respect to: (1) special operations forces performing counter-terrorism operations or support operations for Iraqi security forces; (2) military liaison teams; (3) air support operations for Iraqi security forces; (4) counter-terrorism operations in Iraq; and (5) security for U.S. diplomatic missions in Iraq. Allows funds appropriated to the Department of Defense (DOD) for Operation Iraqi Freedom to be obligated or expended after such deadline only for personnel performing such excepted operations.
Expresses the sense of Congress that the United States should: (1) take a leadership role in diplomatic efforts and negotiations for the long-term stability of Iraq; and (2) convene an international conference to provide economic aid for rebuilding the infrastructure of Iraq and other efforts essential to ensure its long-term stability. | {"src": "billsum_train", "title": "To enhance the national security interests of the United States both at home and abroad by setting a deliberate timetable for the redeployment of United States Armed Forces from Iraq by December 31, 2007, and for other purposes."} | 1,303 | 247 | 0.551897 | 1.729065 | 0.93123 | 3.714286 | 5.557604 | 0.940092 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wind Engineering Research Program
Act of 1993''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Hurricanes and tornadoes kill more Americans and
destroy more property than any other natural disaster.
(2) Each year, in the United States, extreme winds cause
billions of dollars of damage to homes, schools, and other
buildings, roads and bridges, electrical power distribution
networks, and communications networks.
(3) Research on wind and wind engineering has resulted in
improved methods for making buildings and other structures less
vulnerable to extreme winds, but additional research funding is
needed to develop new, improved, and more cost-effective
methods of wind-resistant construction.
(4) Federal funding for wind engineering research has
decreased drastically over the last 20 years.
(5) Wind research has been hampered by a lack of data on
near-surface wind speed and distribution during hurricanes,
tornadoes, and other severe storms.
(6) Many existing methods for wind-resistant construction
are inexpensive and easy to implement but often they are not
applied because the construction industry and the general
public are unaware of such methods.
(7) Various Federal agencies have important roles to play
in wind engineering research, but at present there is little
interagency cooperation or coordination in this area.
(8) Establishment of a Federal Wind Engineering Research
Program would result in new technologies for wind-resistant
construction, broader application of such technologies in
construction, and ultimately reduced loss of life and property
due to extreme winds.
SEC. 3. PURPOSE.
The purpose of this Act is to create a Wind Engineering Research
Program within the National Institute of Standards and Technology,
which would--
(1) provide for wind engineering research;
(2) serve as a clearinghouse for information on wind
engineering; and
(3) improve interagency coordination on wind engineering
research between the National Institute of Standards and
Technology, the National Oceanic and Atmospheric
Administration, the National Science Foundation, the Federal
Aviation Administration, and other appropriate Federal
agencies.
SEC. 4. ESTABLISHMENT OF PROGRAM.
Within the National Institute of Standards and Technology, there
shall be established a Wind Engineering Research Program which shall--
(1) conduct research and development, in cooperation with
the private sector and academia, on new methods for mitigating
wind damage due to hurricanes, tornadoes, and other severe
storms;
(2) coordinate research requiring the use of wind tunnels
with other Federal agencies having appropriate facilities, such
as the National Aeronautics and Space Administration, for wind
engineering research;
(3) disseminate information on the application of existing
research results and methods for reducing wind damage to
buildings that are usually incompletely engineered or
nonengineered, such as single family dwellings, mobile homes,
light industrial buildings, and small commercial structures;
(4) transfer technology developed in wind engineering
research to the private sector so that it may be applied in
building codes, design practice, and construction;
(5) conduct, in conjunction with the National Oceanic and
Atmospheric Administration, post-disaster research following
hurricanes, tornadoes, and other severe storms to evaluate the
vulnerability of different types of buildings to extreme winds;
(6) serve as a point of contact for dissemination of
research information on wind engineering and work with the
private sector to develop education and training programs on
construction techniques developed from research results for
reducing wind damage;
(7) work with the National Oceanic and Atmospheric
Administration, the Federal Aviation Administration, and other
Federal agencies on meteorology programs to collect and
disseminate more data on extreme wind events; and
(8) work with the National Science Foundation to support
and expand basic research on wind engineering.
SEC. 5. WIND ENGINEERING RESEARCH ADVISORY COMMITTEE.
(a) Establishment.--Not later than 120 days after the date of the
enactment of this Act, the Director of the National Institute of
Standards and Technology shall establish an independent Wind
Engineering Research Advisory Committee (in this Act referred to as the
``advisory committee'').
(b) Duties.--The advisory committee shall provide advice and
recommendations to the Director of the National Institute of Standards
and Technology regarding the needs, objectives, and plans with respect
to the development of the wind engineering research and development
plan referred to in section 6, including the role of other Federal
agencies in implementing the plan.
(c) Membership.--The advisory committee shall be composed of
members appointed by the Director of the National Institute of
Standards and Technology from among individuals who are not employees
of the Department of Commerce and who are specially qualified to serve
on the advisory committee by virtue of their education, training, or
experience. A majority of the members of the advisory committee shall
be individuals with experience in wind engineering research and
development.
(d) Termination.--The advisory committee shall terminate within 60
days after the development of the plan referred to in section 6.
SEC. 6. WIND ENGINEERING RESEARCH AND DEVELOPMENT PLAN.
(a) Development.--Not later than one year after the date of the
establishment of the advisory committee, the Director of the National
Institute of Standards and Technology shall develop an integrated plan
(in this Act referred to as the ``plan'') for a national wind
engineering research and development program. The Director shall
consult with the Director of the National Science Foundation and draw
upon the recommendations of the advisory committee in developing the
plan.
(b) Contents.--The plan referred to in subsection (a) shall
include--
(1) details of the wind engineering research and
development programs currently conducted by the National
Institute of Standards and Technology and the National Science
Foundation and how those programs can be integrated into the
plan;
(2) details for each area of research and development
included in the plan, including appropriate funding levels, a
schedule with milestones, preliminary cost estimates,
appropriate work scopes, personnel requirements, estimated
costs and goals for the next 5 years, and the role of other
appropriate Federal agencies, if any, in implementing the plan;
(3) a means to provide for the transfer to the private
sector of technology developed as a result of wind engineering
research, for use in building codes, design practice, and
construction; and
(4) details regarding how the program can be conducted in
cooperation with industry and the private sector.
SEC. 7. AUTHORIZATIONS.
(a) Authorization for National Institute of Standards and
Technology.--There are authorized to be appropriated to the National
Institute of Standards and Technology for the purposes of this Act,
$1,000,000 for fiscal year 1994, $3,000,000 for fiscal year 1995, and
$5,000,000 for fiscal year 1996.
(b) Cooperative Agreements.--Of the amounts appropriated under
subsection (a), no less than 50 percent shall be used for cooperative
agreements with the National Oceanic and Atmospheric Administration,
the National Science Foundation, and Federal Aviation Administration,
or other agencies, for wind engineering research, development of
improved practices for structures, and the collection and dissemination
of meteorological data needed for wind engineering. | Wind Engineering Research Program Act of 1993 - Establishes within the National Institute of Standards and Technology (Institute) a Wind Engineering Program which shall: (1) provide for wind engineering research; (2) serve as an information clearinghouse; and (3) improve interagency coordination on wind engineering research.
Requires the Director of the Institute to establish: (1) a Wind Engineering Research Advisory Committee; and (2) a national wind engineering research and development plan. | {"src": "billsum_train", "title": "Wind Engineering Research Program Act of 1993"} | 1,501 | 94 | 0.612862 | 1.569638 | 1.10425 | 4.456522 | 16.01087 | 0.956522 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Utah Schools and Lands Exchange Act
of 1998''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The State of Utah owns approximately 176,600 acres of
land, as well as approximately 24,165 acres of mineral
interests, administered by the Utah School and Institutional
Trust Lands Administration, within the exterior boundaries of
the Grand Staircase-Escalante National Monument, established by
Presidential proclamation on September 18, 1996, pursuant to
section 2 of the Antiquities Act of 1906 (16 U.S.C. 431). The
State of Utah also owns approximately 200,000 acres of land,
and 76,000 acres of mineral interests, administered by the Utah
School and Institutional Trust Lands Administration, within the
exterior boundaries of several units of the National Park
System and the National Forest System, and within certain
Indian reservations in Utah. These lands were granted by
Congress to the State of Utah pursuant to the Utah Enabling
Act, chap. 138, 28 Stat. 107 (1894), to be held in trust for
the benefit of the State's public school system and other
public institutions.
(2) Many of the State school trust lands within the
monument may contain significant economic quantities of mineral
resources, including coal, oil, and gas, tar sands, coalbed
methane, titanium, uranium, and other energy and metalliferous
minerals. Certain State school trust lands within the Monument,
like the Federal lands comprising the Monument, have
substantial noneconomic scientific, historic, cultural, scenic,
recreational, and natural resources, including ancient Native
American archeological sites and rare plant and animal
communities.
(3) Development of surface and mineral resources on State
school trust lands within the monument could be incompatible
with the preservation of these scientific and historic
resources for which the monument was established. Federal
acquisition of State school trust lands within the monument
would eliminate this potential incompatibility, and would
enhance management of the Grand Staircase-Escalante National
Monument.
(4) The United States owns lands and interest in lands
outside of the monument that can be transferred to the State of
Utah in exchange for the monument inholdings without
jeopardizing Federal management objectives or needs.
(5) In 1993, Congress passed and the President signed
Public Law 103-93, which contained a process for exchanging
State of Utah school trust inholdings in the National Park
System, the National Forest System, and certain Indian
reservations in Utah. Among other things, it identified various
Federal lands and interests in land that were available to
exchange for these State inholdings.
(6) Although Public Law 103-93 offered the hope of a
prompt, orderly exchange of State inholdings for Federal lands
elsewhere, implementation of the legislation has been very
slow. Completion of this process is realistically estimated to
be many years away, at great expense to both the State and the
United States in the form of expert witnesses, lawyers,
appraisers, and other litigation costs.
(7) The State also owns approximately 2,560 acres of land
in or near the Alton coal field which has been declared an area
unsuitable for coal mining under the terms of the Surface
Mining Control and Reclamation Act. This land is also
administered by the Utah School and Institutional Trust Lands
Administration, but its use is limited given this declaration.
(8) The large presence of State school trust land
inholdings in the monument, national parks, national forests,
and Indian reservations make land and resource management in
these areas difficult, costly, and controversial for both the
State of Utah and the United States.
(9) It is in the public interest to reach agreement on
exchange of inholdings, on terms fair to both the State and the
United States. Agreement saves much time and delay in meeting the
expectations of the State school and institutional trusts, in
simplifying management of Federal and Indian lands and resources, and
in avoiding expensive, protracted litigation under Public Law 103-93.
(10) The State of Utah and the United States have reached
an agreement under which the State would exchange of all its
State school trust lands within the monument, and specified
inholdings in national parks, forests, and Indian reservations
that are subject to Public Law 103-93, for various Federal
lands and interests in lands located outside the monument,
including Federal lands and interests identified as available
for exchange in Public Law 103-93 and additional Federal lands
and interests in lands.
(11) The State school trust lands to be conveyed to the
Federal Government include properties within units of the
National Park System, the National Forest System, and the Grand
Staircase-Escalante National Monument. The Federal assets made
available for exchange with the State were selected with a
great sensitivity to environmental concerns and a belief and
expectation by both parties that Federal assets to be conveyed
to the State would be unlikely to trigger significant
environmental controversy.
(12) The parties agreed at the outset of negotiations to
avoid identifying Federal assets for conveyance to the State
where any of the following was known to exist or likely to be
an issue as a result of foreseeable future uses of the land:
significant wildlife resources, endangered species habitat,
significant archaeological resources, areas of critical
environmental concern, coal resources requiring surface mining
to extract the mineral deposits, wilderness study areas,
significant recreational areas, or any other lands known to
raise significant environmental concerns of any kind.
(13) The parties further agreed that the use of any mineral
interests obtained by the State of Utah where the Federal
Government retains surface and other interest, will not
conflict with established Federal land and environmental
management objectives, and shall be fully subject to all
environmental regulations applicable to development of non-
Federal mineral interest on Federal lands.
(14) Because the inholdings to be acquired by the Federal
Government include properties within the boundaries of some of
the most renowned conservation land units in the United States,
and because a mission of the Utah School and Institutional
Trust Lands Administration is to produce economic benefits for
Utah's public schools and other beneficiary institutions, the
exchange of lands called for in this agreement will resolve
many longstanding environmental conflicts and further the
interest of the State trust lands, the school children of Utah,
and these conservation resources.
(15) The Congress finds that, under this Agreement taken as
a whole, the State interests to be conveyed to the United
States by the State of Utah, and the Federal interests and
payments to be conveyed to the State of Utah by the United
States, are approximately equal in value.
(16) The purpose of this legislation is to enact into law
and direct prompt implementation of this historic agreement.
SEC. 3. RATIFICATION OF AGREED EXCHANGE BETWEEN THE STATE OF UTAH AND
THE DEPARTMENT OF THE INTERIOR.
(a) Agreement.--The State of Utah and the Department of the
Interior have agreed to exchange certain Federal lands, Federal mineral
interests, and payment of money for lands and mineral interests managed
by the Utah School and Institutional Trust Lands Administration, lands
and mineral interests of approximately equal value inheld within the
Grand Staircase-Escalante National Monument the Goshute and Navajo
Indian Reservations, units of the national park system, the national
forest system, and the Alton coal fields.
(b) Ratification.--All terms, conditions, procedures, covenants,
reservations, and other provisions set forth in the document entitled
``Agreement to Exchange Utah School Trust Lands Between the State of
Utah and the United States of America'' (herein referred to as ``the
Agreement'') are hereby incorporated in this title, are ratified and
confirmed, and set forth the obligations and commitments of the United
States, the State of Utah, and Utah School and Institutional Trust
Lands Administration (herein referred to as ``SITLA''), as a matter of
Federal law.
SEC. 4. LEGAL DESCRIPTIONS.
(a) In General.--The maps and legal descriptions referred to in the
Agreement depict the lands subject to the conveyances.
(b) Public Availability.--The maps and descriptions referred to in
the Agreement shall be on file and available for public inspection in
the offices of the Secretary of the Interior and the Utah State
Director of the Bureau of Land Management.
(c) Conflict.--In case of conflict between the maps and the legal
descriptions, the legal descriptions shall control.
SEC. 5. COSTS.
The United States and the State of Utah shall each bear its own
respective costs incurred in the implementation of this Act.
SEC. 6. REPEAL OF PUBLIC LAW 103-93 AND PUBLIC LAW 104-211.
The provisions of Public law 103-93 (107 Stat. 995), other than
section 7(b)(1), section 7(b)(3) and section 10(b) thereof, are hereby
repealed. Public Law 104-211 (110 Stat. 3013) is hereby repealed.
SEC. 7. CASH PAYMENT PREVIOUSLY AUTHORIZED.
As previously authorized and made available by section 7(b)(1) and
(b)(3) of Public Law 103-93, upon completion of all conveyances
described in the Agreement, the United States shall pay $50,000,000 to
the State of Utah from funds not otherwise appropriated from the
Treasury.
SEC. 8. SCHEDULE FOR CONVEYANCES.
All conveyances under sections 2 and 3 of the agreement shall be
completed within 70 days after the enactment of this Act. | Utah Schools and Lands Exchange Act of 1998 - Ratifies the "Agreement to Exchange Utah School Trust Lands Between the State of Utah and the United States of America" and sets forth the obligations and commitments of the United States, Utah, and Utah School and Institutional Trust Lands Administration as a matter of Federal law.
Repeals Federal law providing for the exchange of Federal lands in Utah in exchange for State lands and providing additional lands within Utah for the Goshute Indian Reservation, with the exception of provisions regarding: (1) payment to Utah of a portion of a royalty payment received by the United States for certain mining and mineral interests in Utah; (2) the limit on such payment; and (3) payment in lieu of taxes for certain entitlement lands in Utah.
Requires a $50 million payment to Utah upon completion of all conveyances described in the Agreement. | {"src": "billsum_train", "title": "Utah Schools and Lands Exchange Act of 1998"} | 2,067 | 187 | 0.531496 | 1.643191 | 0.708632 | 3.319527 | 11.402367 | 0.857988 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States-Brazil Joint
Commission on Commerce and Trade Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to establish the United States-Brazil
Joint Commission on Commerce and Trade to address bilateral trade
matters, seek removal of trade barriers, and promote commercial
opportunities, between the United States and Brazil.
SEC. 3. UNITED STATES-BRAZIL JOINT COMMISSION ON COMMERCE AND TRADE.
(a) Establishment of United States-Brazil Joint Commission on
Commerce and Trade.--
(1) In general.--There is established a commission to be
known as the United States-Brazil Joint Commission on Commerce
and Trade (in this section referred to as the ``Commission'').
(2) Purpose.--The purpose of the Commission is to improve
the bilateral trade and economic relationship between the
United States and Brazil by establishing high level reviews of
barriers to trade between the two countries, to promote
commercial opportunities between the United States and Brazil,
and to facilitate the dialogue necessary to examine the mutual
benefits of free trade.
(3) Membership of commission.--
(A) Composition.--The Commission shall be composed
of 16 members. The composition of the Commission shall
be divided equally between the United States Government
and the Republic of Brazil. United States Commissioners
shall be appointed as follows:
(i) Two persons shall be appointed by the
President pro tempore of the Senate upon the
recommendation of the majority leader of the
Senate, after consultation with the Chairman of
the Committee on Finance and the Chairman of
the Committee on Foreign Relations of the
Senate.
(ii) Two persons shall be appointed by the
President pro tempore of the Senate upon the
recommendation of the minority leader of the
Senate, after consultation with the ranking
minority member of the Committee on Finance and
the ranking minority member of the Committee on
Foreign Relations of the Senate.
(iii) Two persons shall be appointed by the
Speaker of the House of Representatives, after
consultation with the Chairman of the Committee
on Ways and Means and the Chairman of the
Committee on Foreign Affairs of the House of
Representatives.
(iv) Two persons shall be appointed by the
minority leader of the House of
Representatives, after consultation with the
ranking minority member of the Committee on
Ways and Means and the ranking minority member
of the Committee on Foreign Affairs of the
House of Representatives.
(B) Qualifications.--Individuals appointed to the
Commission shall be individuals who have expertise in
international trade matters and United States-Brazil
relations.
(4) Period of appointment; vacancies.--
(A) In general.--Members of the Commission shall be
appointed to 2-year terms.
(B) Staggering of terms.--Each appointing authority
referred to under clauses (i) through (iv) of paragraph
(3)(A) shall--
(i) make the appointments on a staggered
term basis, so that of the members initially
appointed--
(I) 1 of the 2 appointments shall
be for a term expiring on December 31,
2014; and
(II) the other appointment shall be
for a term expiring on December 31,
2015; and
(ii) make the appointments not later than
30 days after the date on which each new
Congress convenes.
(C) Reappointment.--Members of the Commission may
be reappointed for additional terms of service as
members of the Commission.
(D) Vacancies.--Any vacancy in the Commission shall
not affect its powers, but shall be filled in the same
manner as the original appointment.
(5) Chairmen.--The members of the Commission shall select
co-Chairmen, one from the United States and one from Brazil.
(6) Meetings.--The Commission shall meet at the call of the
Chairmen.
(A) Initial meeting.--Not later than 30 days after
the date on which all members of the Commission have
been appointed, the Commission shall hold its first
meeting.
(B) Subsequent meetings.--The Commission shall meet
at the call of the Chairmen of the Commission, with the
responsibility of chairing proceedings alternating
between the United States and Brazil.
(C) Quorum.--A majority of the members of the
Commission shall constitute a quorum for the
transaction of business of the Commission.
(7) Voting.--Each member of the Commission shall be
entitled to one vote, which shall be equal to the vote of every
other member of the Commission.
(b) Duties.--Not later than December 1 of each year (beginning in
2014), the Commission shall submit to the United States Congress and
the National Congress of Brazil a report regarding the status and
economic impact of trade relations between the United States and
Brazil. The report shall include a full analysis, along with
conclusions and recommendations for legislative and administrative
actions, if any, concerning barriers to trade and the enhancement of
economic ties.
(c) Hearings.--
(1) In general.--The Commission or, at its direction, any
panel or member of the Commission, may for the purpose of
carrying out the provisions of this section, hold hearings, sit
and act at times and places, take testimony, receive evidence,
and administer oaths to the extent that the Commission or such
panel or member considers advisable.
(2) Information.--The Commission may secure directly from
any Federal department or agency information that the
Commission considers necessary to enable the Commission to
carry out its duties under this section, unless that
information is deemed to contain sensitive national
intelligence information or is otherwise subject to rules
concerning state secrets.
(d) Commission Personnel Matters.--
(1) Compensation of members.--United States Members of the
Commission shall be compensated in the same manner provided for
the compensation of members of the Trade Deficit Review
Commission under subsections (g)(1) and (g)(6) of section 127
of the Trade Deficit Review Commission Act (19 U.S.C. 2213
note).
(2) Travel expenses.--Travel expenses of the United States
Commissioners shall be allowed in the same manner provided for
the allowance of the travel expenses of the Trade Deficit
Review Commission under section 127(g)(2) of the Trade Deficit
Review Commission Act.
(3) Staff.--An executive director and other additional
personnel for the Commission shall be appointed, compensated,
and terminated in the same manner provided for the appointment,
compensation, and termination of the executive director and
other personnel of the Trade Deficit Review Commission under
section 127(g)(3) and section 127(g)(6) of the Trade Deficit
Review Commission Act. The executive director and any personnel
who are employees of the United States-Brazil Joint Commission
on Commerce and Trade shall be employees under section 2105 of
title 5, United States Code, for purposes of chapters 63, 81,
83, 84, 85, 87, 89, and 90 of that title.
(4) Detail of government employees.--Federal Government
employees may be detailed to the Commission in the same manner
provided for the detail of Federal Government employees to the
Trade Deficit Review Commission under section 127(g)(4) of the
Trade Deficit Review Commission Act.
(5) Assignment of personnel by the government of brazil.--
The Commission shall work with the Government of Brazil to
secure the appropriate expertise to carry out its work,
including through the assignment to the Commission of staff
officials selected by the Government of Brazil and the
temporary or ongoing employment of Brazilian nationals.
(6) Foreign travel for official purposes.--Foreign travel
for official purposes by Commissioners to and from official
proceedings may be authorized by the Chairmen of the
Commission. Travel by the staff of the Commission for official
purposes may be authorized by the Chairmen of the Commission
only when necessary to carry out essential activities that
could not otherwise be conducted using alternative means.
(7) Procurement of temporary and intermittent services.--
The Chairmen of the Commission may procure temporary and
intermittent services for the Commission in the same manner
provided for the procurement of temporary and intermittent
services for the Trade Deficit Review Commission under section
127(g)(5) of the Trade Deficit Review Commission Act.
(8) Privately funded travel.--The Chairmen of the
Commission may authorize privately funded travel by members and
staff of the Commission for activities related to the duties of
the Commission. The Commission shall disclose to the public,
not later than 60 days after the privately funded travel
occurs, the source of the funding, together with the itinerary
of the activities of members and staff of the Commission
participating in the privately funded travel.
(e) Assistance in Performing Duties.--The President of the United
States shall provide for the transfer to the Commission of such staff,
materials, and infrastructure (including leased premises) of Federal
departments and agencies as the President considers necessary to assist
the Commission in carrying out its duties.
(f) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Commission for fiscal year 2013, and for each fiscal year
thereafter, such sums as may be necessary to enable the
Commission to carry out its duties under this section.
(2) Availability.--Amounts appropriated to the Commission
pursuant to this subsection shall remain available until
expended. | United States-Brazil Joint Commission on Commerce and Trade Act - Establishes the United States-Brazil Joint Commission on Commerce and Trade to address bilateral trade matters, seek removal of trade barriers, and promote commercial opportunities between the United States and Brazil. | {"src": "billsum_train", "title": "To establish United States-Brazil Joint Commission on Commerce and Trade, and for other purposes."} | 2,006 | 55 | 0.654498 | 1.545933 | 1.236352 | 8.297872 | 39.489362 | 0.978723 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventing Homeowners from
Foreclosure Act of 2010''.
SEC. 2. FORECLOSURE MEDIATION GRANT PROGRAM.
(a) Establishment.--The Secretary of Housing and Urban Development
(in this section referred to as the ``Secretary'') shall carry out a
program to make competitive grants to States and units of local
government to establish mediation programs that assist mortgagors under
home mortgages facing foreclosure on such mortgages.
(b) Foreclosure Mediation Program Requirements.--Amounts from a
grant under this section may be used only for costs of a foreclosure
mediation program that provides as follows:
(1) Scope.--
(A) State grantees.--In the case of a grant under
this section to a State, the program shall be carried
out in at least one unit of local government within
such State.
(B) Local government grantees.--In the case of a
grant made to a unit of local government, the program
shall be carried out in such unit of local government.
(2) Applicability.--The program shall apply to--
(A) any mortgagee that, after the expiration of the
90-day period beginning upon receipt, by the grant
recipient, of amounts from a grant under this section,
initiates a foreclosure proceeding on a home mortgage
for a mortgaged home that is located in the
jurisdiction within which such program is being carried
out, pursuant to paragraph (1); and
(B) any mortgagor under such a home mortgage who is
subject to a foreclosure proceeding.
(3) Referral to attorney or housing counselor.--The program
shall provide the mortgagor with a referral and contact
information for a paid or pro bono attorney, or a housing
counselor certified by the Secretary.
(4) Required meeting and mediation.--The program shall
require that, as soon as is practicable after the initiation of
a foreclosure proceeding on a home mortgage or a mortgagee has
provided the required foreclosure notice on a home mortgage to
the mortgagor in accordance with applicable State or local law,
as applicable, and, in any event, before entry of any
foreclosure judgment on or foreclosure sale for, as applicable,
the home mortgage--
(A) any representative obtained by the mortgagor
(including a representative obtained pursuant to a
referral under paragraph (3)) shall meet with the
mortgagor; and
(B) the mortgagee shall conduct, consistent with
any applicable State or local law, a mediation
conference that--
(i) is held to resolve issues relating to
the foreclosure, with the aim of avoiding the
foreclosure, through mediation;
(ii) is held in an appropriate court in the
jurisdiction of the grant recipient or, in the
case of jurisdiction that does not provide for
judicial foreclosure, such other appropriate
venue;
(iii) involves the participation of a
neutral, third party mediator selected by the
court or the administrator of the foreclosure
mediation program; and
(iv) is attended by--
(I) the mortgagee or, if the
mortgagee or an agent of the mortgagee
having authority to execute a
settlement of all matters relating to
the mortgage is immediately accessible
by telephone, by a representative of
the mortgagee; and
(II) the mortgagor, or any
representative obtained by the
mortgagor (including a representative
obtained pursuant to a referral under
paragraph (3)), or both.
If the mortgagor fails to attend the conference, the
requirement under this paragraph for a mediation conference
shall be deemed to be satisfied upon verification by the
administrator of the mediation program that the required
foreclosure notice has been provided and issuance by such
administrator of an order authorizing initiation of such
foreclosure proceeding.
(5) Outreach.--The grant recipient shall establish an
outreach program to raise homeowner awareness of the existence
of the foreclosure mediation program. Such outreach program
shall include providing access to information regarding the
foreclosure mediation program through a telephone hotline or a
World Wide Web site, or both.
(c) Selection of Grant Recipients.--The Secretary shall select
applicants to receive grants under this section under a competition
based on selection criteria that the Secretary shall establish by
regulation.
(d) Recordkeeping.--Each grant recipient shall maintain a record of
the outcome of each mediation conference carried out under the
mediation program assisted with the grant amounts, including the nature
of any loan modification made as a result of participation in the
mediation program.
(e) Definitions.--For purposes of this Act, the following
definitions shall apply:
(1) Foreclosure proceeding.--The term ``foreclosure
proceeding'' means any proceeding or procedure under applicable
law, including judicial and non-judicial procedures, including
a sheriff sale, to foreclose on a home mortgage.
(2) Home mortgage.--The term ``home mortgage'' means a
mortgage loan, repayment of which is secured by an interest in
a one- to four-family residence that is the principal residence
of the mortgagor.
(3) Grant recipient.--The term ``grant recipient'' means a
State or unit of local government that receives grant amounts
under this section.
(4) Mortgaged home.--The term ``mortgaged home'' means,
with respect to a home mortgage, the residence that is subject
to the interest that secures repayment of the home mortgage.
(5) Required foreclosure notice.--The term ``required
foreclosure notice'' means any initial notice that is required
under the law of a State to be submitted to the mortgagor under
a residential mortgage as a condition precedent to foreclosure
on such mortgage.
(6) State.--The term ``State'' means the States of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana Islands,
Guam, the Virgin Islands, American Samoa, the Trust Territory
of the Pacific Islands, and any other territory or possession
of the United States.
(f) Authorization of Appropriations.--There is authorized to be
appropriated for grants under this section such sums as may be
necessary for each of fiscal years 2011 through 2015.
(g) Regulations.--The Secretary of Housing and Urban Development
shall issue any regulations necessary to carry out this section. | Preventing Homeowners from Foreclosure Act of 2010 - Directs the Secretary of Housing and Urban Development (HUD) to implement a competitive grants program for states and local governmental entities to establish mediation programs to assist mortgagors under home mortgages facing foreclosure on such mortgages.
Requires the program to provide the mortgagor with a referral and contact information for a paid or pro bono attorney or a HUD-certified housing counselor.
Requires grant recipients to establish an outreach program to raise homeowner awareness of the existence of the foreclosure mediation program, including a telephone hotline, a World Wide Web site, or both. | {"src": "billsum_train", "title": "To authorize the Secretary of Housing and Urban Development to provide grants to State and local governments to carry out programs to provide mediation between mortgagees and mortgagors facing foreclosure."} | 1,406 | 148 | 0.628604 | 1.738317 | 0.685571 | 4.455357 | 11.205357 | 0.919643 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Canyon Ferry Yacht Basin Marina
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Concessionaire.--The term ``concessionaire'' means the
person or entity that, in accordance with the lease numbered 5-
LM-60-L3279, has the right to operate a public serve concession
in the Yacht Basin Concession Area located in the SW \1/4\ sec.
10, T. 10 N., R. 1. W., Montana Principal Meridian.
(2) Marina.--The term ``Marina'' means the Yacht Basin
Marina located in the State of Montana on the Canyon Ferry Unit
of the Pick-Sloan Missouri River Basin Program.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
SEC. 3. YACHT BASIN MARINA.
(a) In General.--The Secretary shall--
(1) provide for the continued operation of the Marina; or
(2) maintain a marina at Yacht Basin that provides at least
as many services and facilities as are available at the Marina
on the date of enactment of this Act.
(b) Lease.--
(1) In general.--The lease described in section 2(1) shall
be extended for an additional 10-year period beginning on the
date of enactment of this Act.
(2) Terms.--
(A) In general.--Except as provided under
subparagraph (B), the terms of the lease extended under
paragraph (1) shall be the same as the terms of the
lease described in section 2(1).
(B) Exception.--If the terms of the lease extended
under paragraph (1) are more restrictive than the terms
allowed at other marinas or similar Reclamation
concessions in effect on the date of the extension, the
Secretary and the Concessionaire shall, not later than
30 days after the date of enactment of this Act, amend
the lease to incorporate the less restrictive terms.
(C) Limitation.--The Secretary shall not include in
the terms of the lease extended under paragraph (1) any
terms that are more restrictive than the terms of the
lease described in section 2(1).
(3) Additional extensions.--
(A) In general.--In addition to the extension under
paragraph (1), the Secretary shall, on request of the
concessionaire and subject to subparagraph (B), extend
the lease for not more than 4 additional 10-year
periods.
(B) Notice.--For an extension under subparagraph
(A) to be valid, the concessionaire shall, at least 1
year before the date on which the lease is to expire,
submit to the Secretary written notice that the
concessionaire intends to request an extension to the
lease.
(C) Deadline for extension.--
(i) In general.--Not later than 1 year
after the date on which the Secretary receives
a request to extend the lease under
subparagraph (A), the Secretary shall complete
the requested lease extension.
(ii) Automatic extension.--
(I) In general.--Except as provided
in subclause (III), if the Secretary
does not extend the lease within the
time period specified in clause (i),
the lease shall automatically be
extended for an additional 10-year
period.
(II) Terms.--A lease automatically
extended under subclause (I) shall
include the latest terms and conditions
accepted by the Secretary and the
concessionaire.
(D) Requirements.--
(i) In general.--Except as provided in
clauses (ii) and (iii), a lease extended under
subparagraph (A) may include terms requiring
the concessionaire to meet any standards or
regulations applicable to the operation of
marinas or similar Reclamation concessions in
effect on the date of the extension, with an
emphasis on including standards or regulations
relating to public safety.
(ii) Exceptions.--Notwithstanding clause
(i), the Secretary shall not include in the
terms of a lease extended under subparagraph
(A)--
(I) limitations on rental periods
at boat docks;
(II) provisions allowing the
Secretary to take title to capital
investments made by the concessionaire
unless the Secretary compensates the
concessionaire for the full market
value of the investments;
(III) provisions requiring the
concessionaire to provide less services
at the Marina than those which are
provided under the lease in effect on
the date of enactment of this Act; or
(IV) provisions requiring the
concessionaire to relocate the Marina.
(iii) Limitation.--A lease extended under
subparagraph (A) shall not include any terms
that are more restrictive than the terms of the
lease described in section 2(1).
(E) Subsequent transfer.--
(i) In general.--Subject to clause (ii),
the concessionaire may transfer ownership of
concession facilities subject to a lease
extended under subparagraph (A) at any time
during the term of the term of the lease.
(ii) Approval by secretary.--
(I) In general.--A transfer of
ownership under clause (i) shall be
subject to approval by the Secretary.
(II) Requirements.--In determining
whether to approve a transfer under
subclause (I), the Secretary shall
consider only whether the person or
entity to which the facilities are to
be transferred has the financial and
managerial qualifications to assume the
duties and responsibilities of the
concessionaire under the terms of the
lease.
(III) Written notice.--The
Secretary shall submit to the
concessionaire and any person or entity
to which the facilities are to be
transferred written notice that
specifies--
(aa) whether the Secretary
has approved or disapproved the
transfer; and
(bb) the reasons for the
approval or disapproval.
(4) Review.--A concessionaire or any person or entity to
which concession facilities are transferred under paragraph
(3)(E) shall not be subject to any additional review by the
Secretary with respect to an improvement or construction that
has previously been inspected and approved by the Secretary,
unless the Secretary determines that the construction or
improvement poses a significant hazard to public safety or the
environment.
(5) Amendments.--Nothing in this Act affects the right of
the Secretary or the concessionaire to--
(A) propose amendments to a lease extended under
this section; and
(B) include in a lease extended under this section
any amendments to the lease that the Secretary and the
concessionaire mutually agree on.
(c) Boundary Expansion.--
(1) In general.--Nothing in this section prohibits the
concessionaire, in cooperation with the Secretary, from
expanding the boundary of the Marina to incorporate adjoining
Reclamation land in the Marina for the purpose of--
(A) better serving the needs of the public; or
(B) addressing expansion, safety, or security
issues of the Marina.
(2) Management.--The concessionaire shall manage any land
incorporated under paragraph (1).
(d) Erosion Control.--The Secretary shall work with the public, the
concessionaire, and private landowners to remedy shoreline erosion in
and around the Marina to prevent the loss of public and private
property.
SEC. 4. RECREATION FEES.
Of the recreation fees collected at the Canyon Ferry Unit of the
Pick-Sloan Missouri River Basin Program for fiscal year 2005 and each
subsequent fiscal year, 80 percent shall be deposited in the recreation
account for the Canyon Ferry Unit. | Canyon Ferry Yacht Basin Marina Act - Directs the Secretary of the Interior, acting through the Commissioner of Reclamation, to: (1) provide for the continued operation of the Yacht Basin Marina located on the Canyon Ferry Unit of the Pick-Sloan Missouri River Basin Program, Montana; or (2) maintain a marina at Yacht Basin that provides at least as many services and facilities as are available at the Marina on the date of this Act's enactment.
Extends the lease for a public concession in the Yacht Basin Concession Area for ten years, with an exception. Bars the Secretary from including terms that are more restrictive than those of the earlier lease.
Authorizes the Secretary, at the concessionaire's request and subject to specified notice, to extend the lease for up to four additional ten-year periods. Sets forth provisions regarding: (1) deadline extension and requirements (including with regard to meeting operating standards or regulations applicable to Reclamation concessions at the time, particularly concerning public safety); (2) subsequent transfer of ownership of concession facilities; (3) review by the Secretary if construction or improvement poses a significant hazard to public safety or the environment; (4) boundary expansion; and (5) erosion control.
Requires 80 percent of the recreation fees collected at the Canyon Ferry Unit to be deposited in that Unit's recreation account. | {"src": "billsum_train", "title": "A bill to provide for the continued operation of the Yacht Basin Marina, Montana, to allocate recreation fees collected at the Canyon Ferry Unit of the Pick-Sloan Missouri River Basin Program, and for other purposes."} | 1,648 | 293 | 0.737941 | 2.270808 | 0.755563 | 4.425856 | 5.703422 | 0.904943 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Illegal Trafficking in Firearms
Act of 2016''.
SEC. 2. ANTI-STRAW PURCHASING AND FIREARMS TRAFFICKING AMENDMENTS.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 932. Straw purchasing of firearms
``(a) Definitions.--For purposes of this section--
``(1) the term `crime of violence'--
``(A) has the meaning given that term in section
924(c)(3); and
``(B) includes a felony offense under the laws of a
State that meets the criteria described in subparagraph
(A) or (B) of such section 924(c)(3);
``(2) the term `drug trafficking crime'--
``(A) has the meaning given that term in section
924(c)(2); and
``(B) includes a felony punishable under the law of
a State for which the conduct constituting the offense
would constitute a felony punishable under the
Controlled Substances Act (21 U.S.C. 801 et seq.), the
Controlled Substances Import and Export Act (21 U.S.C.
951 et seq.), or chapter 705 of title 46;
``(3) the term `Federal crime of terrorism' has the meaning
given that term in section 2332b(g)(5); and
``(4) the term `purchase' includes the receipt of any
firearm by a person who does not own the firearm--
``(A) by way of pledge or pawn as security for the
payment or repayment of money; or
``(B) on consignment.
``(b) Violation.--It shall be unlawful for any person (other than a
licensed importer, licensed manufacturer, licensed collector, or
licensed dealer) to knowingly purchase, or attempt or conspire to
purchase, any firearm in or otherwise affecting interstate or foreign
commerce--
``(1) from a licensed importer, licensed manufacturer,
licensed collector, or licensed dealer for, on behalf of, or at
the request or demand of any other person, known or unknown; or
``(2) from any person who is not a licensed importer,
licensed manufacturer, licensed collector, or licensed dealer
for, on behalf of, or at the request or demand of any other
person, known or unknown, knowing or having reasonable cause to
believe that such other person--
``(A) is under indictment for, or has been
convicted in any court of, a crime punishable by
imprisonment for a term exceeding 1 year;
``(B) is a fugitive from justice;
``(C) is an unlawful user of or addicted to any
controlled substance (as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802));
``(D) has been adjudicated as a mental defective or
has been committed to any mental institution;
``(E) is an alien who--
``(i) is illegally or unlawfully in the
United States; or
``(ii) except as provided in section
922(y)(2), has been admitted to the United
States under a nonimmigrant visa (as that term
is defined in section 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(26));
``(F) has been discharged from the Armed Forces
under dishonorable conditions;
``(G) having been a citizen of the United States,
has renounced his or her citizenship;
``(H) is subject to a court order that restrains
such person from harassing, stalking, or threatening an
intimate partner of such person or child of such
intimate partner or person, or engaging in other
conduct that would place an intimate partner in
reasonable fear of bodily injury to the partner or
child, except that this subparagraph shall only apply
to a court order that--
``(i) was issued after a hearing of which
such person received actual notice, and at
which such person had the opportunity to
participate; and
``(ii)(I) includes a finding that such
person represents a credible threat to the
physical safety of such intimate partner or
child; or
``(II) by its terms explicitly prohibits
the use, attempted use, or threatened use of
physical force against such intimate partner or
child that would reasonably be expected to
cause bodily injury;
``(I) has been convicted in any court of a
misdemeanor crime of domestic violence;
``(J)(i) does not reside in any State; and
``(ii) is not a citizen or lawful permanent
resident of the United States;
``(K) intends to sell or otherwise dispose of the
firearm to a person described in any of subparagraphs
(A) through (J); or
``(L) intends to--
``(i) use, carry, possess, or sell or
otherwise dispose of the firearm in furtherance
of a Federal crime of terrorism, a crime of
violence, or a drug trafficking crime; or
``(ii) export the firearm in violation of
law.
``(c) Penalty.--
``(1) In general.--Except as provided in paragraph (2), any
person who violates subsection (b) shall be fined under this
title, imprisoned for not more than 15 years, or both.
``(2) Use in crimes of violence.--If a violation of
subsection (b) is committed knowing or with reasonable cause to
believe that any firearm involved will be used to commit a
crime of violence, the person shall be sentenced to a term of
imprisonment of not more than 25 years.
``(d) Exceptions.--Subsection (b)(1) shall not apply to any firearm
that is lawfully purchased by a person--
``(1) to be given as a bona fide gift to a recipient who
provided no service or tangible thing of value to acquire the
firearm;
``(2) to be given to a bona fide winner of an organized
raffle, contest, or auction conducted in accordance with law
and sponsored by a national, State, or local organization or
association;
``(3) to be given as a bona fide gratuity to a hunting
guide;
``(4) to be given as a bona fide bonus to an employee as
the result of lawful services performed in the course of an
employment relationship; or
``(5) to be given as a bona fide commemorative award or
honorarium,
unless the purchaser knows or has reasonable cause to believe the
recipient of the firearm is prohibited by Federal law from possessing,
receiving, selling, shipping, transporting, transferring, or otherwise
disposing of the firearm.
``Sec. 933. Trafficking in firearms
``(a) In General.--It shall be unlawful for any person to--
``(1) ship, transport, transfer, cause to be transported,
or otherwise dispose of any firearm to another person in or
otherwise affecting interstate or foreign commerce, if such
person knows or has reasonable cause to believe that the use,
carrying, or possession of a firearm by the recipient would be
in violation of any Federal or State law punishable by a term
of imprisonment exceeding 1 year;
``(2) receive from another person any firearm in or
otherwise affecting interstate or foreign commerce, if the
recipient knows or has reasonable cause to believe that such
receipt would be in violation of any Federal or State law
punishable by a term of imprisonment exceeding 1 year; or
``(3) attempt or conspire to commit the conduct described
in paragraph (1) or (2).
``(b) Penalty.--Any person who violates subsection (a) shall be
fined under this title, imprisoned for not more than 15 years, or both.
``Sec. 934. Forfeiture and fines
``(a) Forfeiture.--
``(1) In general.--Any person convicted of a violation of
section 932 or 933 shall forfeit to the United States,
irrespective of any provision of State law--
``(A) any property constituting, or derived from,
any proceeds the person obtained, directly or
indirectly, as the result of such violation; and
``(B) any of the person's property used, or
intended to be used, in any manner or part, to commit,
or to facilitate the commission of, such violation,
except that for any forfeiture of any firearm or
ammunition pursuant to this section, section 924(d)
shall apply.
``(2) Imposition.--The court, in imposing sentence on a
person convicted of a violation of section 932 or 933, shall
order, in addition to any other sentence imposed pursuant to
section 932 or 933, that the person forfeit to the United
States all property described in paragraph (1).
``(b) Fines.--A defendant who derives profits or other proceeds
from an offense under section 932 or 933 may be fined not more than the
greater of--
``(1) the fine otherwise authorized by this part; or
``(2) the amount equal to twice the gross profits or other
proceeds of the offense under section 932 or 933.''.
(b) Title III Authorization.--Section 2516(1)(n) of title 18,
United States Code, is amended by striking ``sections 922 and 924'' and
inserting ``section 922, 924, 932, or 933''.
(c) Racketeering Amendment.--Section 1961(1)(B) of title 18, United
States Code, is amended by inserting ``section 932 (relating to straw
purchasing), section 933 (relating to trafficking in firearms),''
before ``section 1028''.
(d) Money Laundering Amendment.--Section 1956(c)(7)(D) of title 18,
United States Code, is amended by striking ``section 924(n)'' and
inserting ``section 924(n), 932, or 933''.
(e) Directive to Sentencing Commission.--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 its guidelines and policy statements to ensure that persons
convicted of an offense under section 932 or 933 of title 18, United
States Code, and other offenses applicable to the straw purchases and
firearms trafficking of firearms are subject to increased penalties in
comparison to those currently provided by the guidelines and policy
statements for such straw purchasing and firearms trafficking offenses.
In its review, the Commission shall consider, in particular, an
appropriate amendment to reflect the intent of Congress that straw
purchasers without significant criminal histories receive sentences
that are sufficient to deter participation in such activities. The
Commission shall also review and amend its guidelines and policy
statements to reflect the intent of Congress that a person convicted of
an offense under section 932 or 933 of title 18, United States Code,
who is affiliated with a gang, cartel, organized crime ring, or other
such enterprise should be subject to higher penalties than an otherwise
unaffiliated individual.
(f) Technical and Conforming Amendment.--The table of sections for
chapter 44 of title 18, United States Code, is amended by adding at the
end the following:
``932. Straw purchasing of firearms.
``933. Trafficking in firearms.
``934. Forfeiture and fines.''.
SEC. 3. AMENDMENTS TO SECTION 922(D).
Section 922(d) of title 18, United States Code, is amended--
(1) in paragraph (8), by striking ``or'' at the end;
(2) in paragraph (9), by striking the period at the end and
inserting a semicolon; and
(3) by striking the matter following paragraph (9) and
inserting the following:
``(10) intends to sell or otherwise dispose of the firearm
or ammunition to a person described in any of paragraphs (1)
through (9); or
``(11) intends--
``(A) to sell or otherwise dispose of the firearm
or ammunition in furtherance of a Federal crime of
terrorism, a crime of violence, or a drug trafficking
offense, as such terms are defined in section 932(a);
or
``(B) to export the firearm or ammunition in
violation of law.
This subsection shall not apply with respect to the sale or disposition
of a firearm or ammunition to a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector who pursuant to
subsection (b) of section 925 is not precluded from dealing in firearms
or ammunition, or to a person who has been granted relief from
disabilities pursuant to subsection (c) of section 925.''.
SEC. 4. AMENDMENTS TO SECTION 924(A).
Section 924(a) of title 18, United States Code, is amended--
(1) in paragraph (2), by striking ``(d), (g),''; and
(2) by adding at the end the following:
``(8) Whoever knowingly violates subsection (d) or (g) of section
922 shall be fined under this title, imprisoned not more than 15 years,
or both.''.
SEC. 5. AMENDMENTS TO SECTION 924(D).
Section 924(d) of title 18, United States Code, is amended--
(1) in paragraph (1), by inserting ``932, or 933,'' after
``section 924,''; and
(2) in paragraph (3)--
(A) in subparagraph (E), by striking ``and'' at the
end;
(B) in subparagraph (F), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(G) any offense under section 932 or 933.''.
SEC. 6. AMENDMENTS TO SECTION 924(H).
Section 924 of title 18, United States Code, is amended by striking
subsection (h) and inserting the following:
``(h)(1) Whoever knowingly receives or transfers a firearm or
ammunition, or attempts or conspires to do so, knowing or having
reasonable cause to believe that such firearm or ammunition will be
used to commit a Federal crime of terrorism, a crime of violence, or a
drug trafficking crime (as such terms are defined in section 932(a)),
or a crime under the Arms Export Control Act (22 U.S.C. 2751 et seq.),
the International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.), or the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1901
et seq.), shall be fined under this title, imprisoned not more than 15
years, or both.
``(2) No term of imprisonment imposed on a person under this
subsection shall run concurrently with any term of imprisonment imposed
on the person under section 932.''.
SEC. 7. AMENDMENTS TO SECTION 924(K).
Section 924 of title 18, United States Code, is amended by striking
subsection (k) and inserting the following:
``(k)(1) A person who smuggles or knowingly brings into the United
States a firearm or ammunition, or attempts or conspires to do so, with
intent to engage in or to promote conduct that--
``(A) is punishable under the Controlled Substances Import
and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title
46; or
``(B) constitutes a Federal crime of terrorism, a crime of
violence, or a drug trafficking crime (as such terms are
defined in section 932(a)),
shall be fined under this title, imprisoned not more than 15 years, or
both.
``(2) A person who smuggles or knowingly takes out of the United
States a firearm or ammunition, or attempts or conspires to do so, with
intent to engage in or to promote conduct that--
``(A) would be punishable under the Controlled Substances
Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705
of title 46, if the conduct had occurred within the United
States; or
``(B) would constitute a Federal crime of terrorism or a
crime of violence (as such terms are defined in section 932(a))
for which the person may be prosecuted in a court of the United
States, if the conduct had occurred within the United States,
shall be fined under this title, imprisoned not more than 15 years, or
both.''.
SEC. 8. PROHIBITION ON FIREARMS TRANSFERS TO AGENTS OF DRUG CARTELS.
The Department of Justice, and any of its law enforcement
coordinate agencies, shall not conduct or otherwise facilitate the
transfer of an operable firearm to an individual if any law enforcement
officer employed by the Department of Justice involved with the
transfer knows or has reasonable cause to believe that the recipient of
the firearm is an agent of a drug cartel, unless law enforcement
personnel of the United States continuously monitor or control the
firearm at all times.
SEC. 9. RULE OF CONSTRUCTION.
Nothing in this Act, or an amendment made by this Act, shall be
construed to allow the establishment of a Federal system of
registration of firearms, firearms ownership, or firearms transactions
or dispositions. | Stop Illegal Trafficking in Firearms Act of 2016 This bill amends the federal criminal code to prohibit and punish the straw purchasing of firearms. A straw purchase occurs when: (1) a person buys a firearm from an unlicensed seller on behalf of a person prohibited by law from possessing one, or (2) a person buys a firearm from a licensed dealer on behalf of another person. Any person that commits, attempts, or conspires to commit a straw purchasing offense is subject to a fine and/or prison term of up to 15 years (25 years if the firearm is used to commit a crime of violence). The bill expands the penalty for committing a firearms trafficking offense. Individuals who commit such an offense are subject to a fine and/or prison term of up to 15 years. Under current law, the penalty is a fine and/or prison term of up to 10 years. The U.S. Sentencing Commission shall amend the sentencing guidelines and policy statements to reflect increased penalties for persons convicted of straw purchasing firearms or firearms trafficking offenses. Under current law, it is unlawful to import firearms into the United States with the intent to engage in illegal activity. This bill extends the prohibition to the exportation of firearms. The bill makes it unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person intends to transfer the firearm or ammunition in furtherance of a federal crime of terrorism, a crime of violence, or a drug trafficking offense. Neither the Department of Justice (DOJ) nor its law enforcement coordinate agencies shall facilitate the transfer of an operable firearm to an individual if any DOJ law enforcement officer involved knows or has reasonable cause to believe that the recipient is an agent of a drug cartel, unless U.S. law enforcement personnel continuously monitor or control the firearm at all times. | {"src": "billsum_train", "title": "Stop Illegal Trafficking in Firearms Act of 2016"} | 4,001 | 421 | 0.57284 | 1.697559 | 0.856901 | 3.171831 | 10.112676 | 0.873239 |
SECTION 1. ADDITIONAL TEMPORARY EXTENSION OF AUTHORIZATION OF PROGRAMS
UNDER SMALL BUSINESS ACT AND SMALL BUSINESS INVESTMENT
ACT OF 1958.
The authorization for any program, authority, or provision,
including any pilot program, that was extended through April 2, 2004,
by section 1 of Public Law 108-205 is further extended through June 4,
2004, under the same terms and conditions.
SEC. 2. EXTENSION OF CERTAIN FEE AUTHORIZATIONS.
Section 503(f) of the Small Business Investment Act of 1958 (15
U.S.C. 697(f)), as amended by section 2 of Public Law 108-205, is
further amended by striking ``May 21, 2004'' and inserting ``October 1,
2004''.
SEC. 3. FISCAL YEAR 2004 PURCHASE AND GUARANTEE AUTHORITY UNDER TITLE
III OF SMALL BUSINESS INVESTMENT ACT OF 1958.
Section 20 of the Small Business Act (15 U.S.C. 631 note) is
amended by adding at the end the following new subsection:
``(j) Fiscal Year 2004 Purchase and Guarantee Authority Under Title
III of Small Business Investment Act of 1958.--For fiscal year 2004,
for the programs authorized by title III of the Small Business
Investment Act of 1958 (15 U.S.C. 681 et seq.), the Administration is
authorized to make--
``(1) $4,000,000,000 in purchases of participating securities;
and
``(2) $3,000,000,000 in guarantees of debentures.''.
SEC. 4. COMBINATION FINANCING.
(a) In General.--During the period beginning on the date of the
enactment of this section and ending on September 30, 2004, subsection
(a) of section 7 of the Small Business Act (15 U.S.C. 636(a)) shall be
applied as if the paragraph set forth in subsection (b) were added at
the end of that subsection (a).
(b) Paragraph Specified.--The paragraph referred to in subsection
(a) is as follows:
``(31) Combination financing.--
``(A) Definitions.--In this paragraph--
``(i) the term `combination financing' means financing
comprised of a loan guaranteed under this subsection and a
commercial loan; and
``(ii) the term `commercial loan' means a loan which is
part of a combination financing and no portion of which is
guaranteed by the Federal Government.
``(B) Applicability.--This paragraph applies to a loan
guarantee obtained by a small business concern under this
subsection, if the small business concern also obtains a commercial
loan.
``(C) Commercial loan amount.--In the case of any combination
financing, the amount of the commercial loan which is part of such
financing shall not exceed the gross amount of the loan guaranteed
under this subsection which is part of such financing.
``(D) Commercial loan provisions.--The commercial loan obtained
by the small business concern--
``(i) may be made by the participating lender that is
providing financing under this subsection or by a different
lender;
``(ii) may be secured by a senior lien; and
``(iii) may be made by a lender in the Preferred Lenders
Program, if applicable.
``(E) Commercial loan fee.--A one-time fee in an amount equal
to 0.7 percent of the amount of the commercial loan shall be paid
by the lender to the Administration if the commercial loan has a
senior credit position to that of the loan guaranteed under this
subsection. Paragraph (23)(B) shall apply to the fee established by
this paragraph.
``(F) Deferred participation loan security.--A loan guaranteed
under this subsection may be secured by a subordinated lien.
``(G) Completion of application processing.--The Administrator
shall complete processing of an application for combination
financing under this paragraph pursuant to the program authorized
by this subsection as it was operating on October 1, 2003.
``(H) Business loan eligibility.--Any standards prescribed by
the Administrator relating to the eligibility of small business
concerns to obtain combination financing under this subsection
which are in effect on the date of the enactment of this paragraph
shall apply with respect to combination financings made under this
paragraph. Any modifications to such standards by the Administrator
after such date shall not unreasonably restrict the availability of
combination financing under this paragraph relative to the
availability of such financing before such modifications.''.
SEC. 5. LOAN GUARANTEE FEES.
(a) In General.--During the period beginning on the date of the
enactment of this section and ending on September 30, 2004,
subparagraph (A) of paragraph (23) of subsection (a) of section 7 of
the Small Business Act (15 U.S.C. 636(a)(23)(A)) shall be applied as if
that subparagraph consisted of the language set forth in subsection
(b).
(b) Language Specified.--The language referred to in subsection (a)
is as follows:
``(A) Percentage.--
``(i) In general.--With respect to each loan guaranteed
under this subsection, the Administrator shall, in accordance
with such terms and procedures as the Administrator shall
establish by regulation, assess and collect an annual fee in an
amount equal to 0.5 percent of the outstanding balance of the
deferred participation share of the loan.
``(ii) Temporary percentage.--With respect to loans
approved during the period beginning on the date of enactment
of this clause and ending on September 30, 2004, the annual fee
assessed and collected under clause (i) shall be equal to 0.36
percent of the outstanding balance of the deferred
participation share of the loan.''.
(c) Retention of Certain Fees.--Subparagraph (B) of paragraph (18)
of subsection (a) of section 7 of the Small Business Act (15 U.S.C.
636(a)(18)(B)) shall not be effective during the period beginning on
the date of the enactment of this section and ending on September 30,
2004.
SEC. 6. EXPRESS LOAN PROVISIONS.
(a) Definitions.--For the purposes of this section:
(1) The term ``express lender'' shall mean any lender
authorized by the Administrator to participate in the Express Loan
Pilot Program.
(2) The term ``Express Loan'' shall mean any loan made pursuant
to section 7(a) of the Small Business Act (15 U.S.C. 636(a)) in
which a lender utilizes to the maximum extent practicable its own
loan analyses, procedures, and documentation.
(3) The term ``Express Loan Pilot Program'' shall mean the
program established by the Administrator prior to the date of
enactment of this section under the authority granted in section
7(a)(25)(B) of the Small Business Act (15 U.S.C. 636(a)(25)(B))
with a guaranty rate not to exceed 50 percent.
(4) The term ``Administrator'' means the Administrator of the
Small Business Administration.
(5) The term ``small business concern'' has the same meaning
given such term under section 3(a) of the Small Business Act (15
U.S.C. 632(a)).
(b) Restriction to Express Lender.--The authority to make an
Express Loan shall be limited to those lenders deemed qualified to make
such loans by the Administrator. Designation as an express lender for
purposes of making an Express Loan shall not prohibit such lender from
taking any other action authorized by the Administrator for that lender
pursuant to section 7(a) of the Small Business Act (15 U.S.C. 636(a)).
(c) Grandfathering of Existing Lenders.--Any express lender shall
retain such designation unless the Administrator determines that the
express lender has violated the law or regulations promulgated by the
Administrator or modifies the requirements to be an express lender and
the lender no longer satisfies those requirements.
(d) Temporary Expansion of Express Loan Pilot Program.--
(1) Authorization.--As of the date of enactment of this
section, the maximum loan amount in the Express Loan Pilot Program
shall be increased to a maximum loan amount of $2,000,000 as set
forth in section 7(a)(3)(A) of the Small Business Act (15 U.S.C.
636(a)(3)(A)).
(2) Termination date.--The authority set forth in paragraph (1)
shall terminate on September 30, 2004.
(3) Savings provision.--Nothing in this section shall be
interpreted to modify or alter the authority of the Administrator
to continue to operate the Express Loan Pilot Program on or after
October 1, 2004.
(e) Option to Participate.--Except as otherwise provided in this
section, the Administrator shall take no regulatory, policy, or
administrative action, without regard to whether such action requires
notification pursuant to section 7(a)(24) of the Small Business Act (15
U.S.C. 636(a)(24)), that has the effect of--
(1) requiring a lender to make an Express Loan pursuant to
subsection (d);
(2) limiting or modifying any term or condition of deferred
participation loans made under such section (other than Express
Loans) unless the Administrator imposes the same limit or
modification on Express Loans;
(3) transferring or re-allocating staff, staff
responsibilities, resources, or funding, if the result of such
transfer or re-allocation would be to increase the average loan
processing, approval, or disbursement time above the averages for
those functions as of October 1, 2003, for loan guarantees approved
under such section by employees of the Administration or through
the Preferred Lenders Program; or
(4) otherwise providing any incentive or disincentive which
encourages lenders or borrowers to make or obtain loans under the
Express Loan Pilot Program instead of under the general loan
authority of section 7(a) of the Small Business Act (15 U.S.C.
636(a)).
(f) Collection and Reporting of Data.--For all loans in excess of
$250,000 made pursuant to the authority set forth in subsection (d)(1),
the Administrator shall, to the extent practicable, collect data on the
purpose for each such loan. The Administrator shall report monthly to
the Committee on Small Business and Entrepreneurship of the Senate and
the Committee on Small Business of the House of Representatives on the
number of such loans and their purposes.
(g) Termination.--Subsections (b), (c), (e), and (f) shall not
apply after September 30, 2004.
SEC. 7. FISCAL YEAR 2004 DEFERRED PARTICIPATION STANDARDS.
Deferred participation loans made during the period beginning on
the date of the enactment of this Act and ending on September 30, 2004,
under section 7(a) of the Small Business Act (15 U.S.C. 636(a)) shall
have the same terms and conditions (including maximum gross loan
amounts and collateral requirements) as were applicable to loans made
under such section on October 1, 2003, except as otherwise provided in
this Act. This section shall not preclude the Administrator of the
Small Business Administration from taking such action as necessary to
maintain the loan program carried out under such section, subject to
appropriations.
SEC. 8. TEMPORARY INCREASE IN LOAN LIMIT UNDER BUSINESS LOAN AND
INVESTMENT FUND AND IN ASSOCIATED GUARANTEE FEES.
(a) Temporary Increase in Amount Permitted to Be Outstanding and
Committed.--During the period beginning on the date of the enactment of
this Act and ending on September 30, 2004, section 7(a)(3)(A) of the
Small Business Act (15 U.S.C. 636(a)(3)(A)) shall be applied as if the
first dollar figure were $1,500,000.
(b) Temporary Guarantee Fee on Deferred Participation Share Over
$1,000,000.--With respect to loans made during the period referred to
in subsection (a) to which section 7(a)(18) of the Small Business Act
(15 U.S.C. 636(a)(18)) applies, the Administrator of the Small Business
Administration shall collect an additional guarantee fee equal to 0.25
percent of the amount (if any) by which the deferred participation
share of the loan exceeds $1,000,000.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (Sec. 1) Extends through June 4 (currently, April 2), 2004, under the same terms and conditions, the authorization for any program, authority, or provision, including any pilot program, that is authorized under the Small Business Act (the Act) or the Small Business Investment Act of 1958 (SBIA) as of September 30, 2003.
(Sec. 2) Amends the SBIA to extend through FY 2004 (currently, May 21, 2004) the authority of the Small Business Administration (SBA) to charge and collect certain fees in connection with the guarantee of development company debentures under the small business investment program.
(Sec. 3) Amends the Act to authorize the SBA to make specified amounts in purchases of participating securities and guarantees of debentures under the SBIA small business investment company program.
(Sec. 4) Provides that, during the period beginning on the enactment of this Act and ending on September 30, 2004, in the case of any combination financing by a small business (receiving a loan guaranteed by the SBA and a commercial loan, no portion of which is guaranteed by the Federal Government), the amount of the commercial loan shall not exceed the gross amount of the guaranteed loan which is part of the financing. Allows the commercial loan to be: (1) made by the lender providing the guaranteed financing or by a different lender; (2) secured by a senior lien; and (3) made by a lender in the Preferred Lenders Program. Requires a fee to be paid by the lender to the SBA if the commercial loan has a senior credit position to that of the guaranteed loan.
(Sec. 5) Directs the SBA Administrator, during the same period as above, to assess and collect a loan guarantee fee, which shall be a percentage of the outstanding balance of the deferred participation share of the loan. Terminates, during such period, the authority of lenders under SBA-guaranteed loans to retain any loan guarantee fees collected.
(Sec. 6) Limits the authority to make Express Loans to those lenders deemed qualified by the Administrator. Increases, until the end of FY 2004, the maximum loan amount under the Express Loan Pilot Program. Gives a qualified lender the option to participate in such Program.
(Sec. 7) Continues through FY 2004 current SBA guaranteed loan deferred participation standards.
(Sec. 8) Provides through FY 2004: (1) an increase in SBA guaranteed loan limits; and (2) an additional loan guarantee fee. | {"src": "billsum_train", "title": "To provide for an additional temporary extension of programs under the Small Business Act and the Small Business Investment Act of 1958 through June 4, 2004, and for other purposes."} | 2,804 | 554 | 0.637322 | 2.19971 | 0.760928 | 3.302846 | 4.882114 | 0.912602 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Reservation Economic
Investment Act of 2001''.
SEC. 2. INVESTMENT TAX CREDIT FOR PROPERTY ON INDIAN RESERVATIONS.
(a) Allowance of Indian Reservation Credit.--Section 46 of the
Internal Revenue Code of 1986 (relating to investment credits) is
amended by striking ``and'' at the end of paragraph (2), by striking
the period at the end of paragraph (3) and inserting ``, and'', and by
adding after paragraph (3) the following new paragraph:
``(4) the Indian reservation credit.''.
(b) Amount of Indian Reservation Credit.--
(1) In general.--Section 48 of such Code (relating to the
energy credit and the reforestation credit) is amended by
adding after subsection (b) the following new subsection:
``(c) Indian Reservation Credit.--
``(1) In general.--For purposes of section 46, the Indian
reservation credit for any taxable year is the Indian
reservation percentage of the qualified investment in qualified
Indian reservation property placed in service during such
taxable year, determined in accordance with the following
table:
``In the case of qualified Indian The Indian reservation percentage
reservation property which is--
is--
Reservation personal property................. 10
New reservation construction property......... 15
Reservation infrastructure investment......... 15
``(2) Qualified investment in qualified indian reservation
property defined.--For purposes of this subpart--
``(A) In general.--The term `qualified Indian
reservation property' means property--
``(i) which is--
``(I) reservation personal
property;
``(II) new reservation construction
property; or
``(III) reservation infrastructure
investment; and
``(ii) not acquired (directly or
indirectly) by the taxpayer from a person who
is related to the taxpayer (within the meaning
of section 465(b)(3)(C)).
The term `qualified Indian reservation property' does
not include any property (or any portion thereof)
placed in service for purposes of conducting or housing
class I, II, or III gaming (as defined in section 4 of
the Indian Gaming Regulatory Act (25 U.S.C. 2703)).
``(B) Qualified investment.--The term `qualified
investment' means--
``(i) in the case of reservation
infrastructure investment, the amount expended
by the taxpayer for the acquisition or
construction of the reservation infrastructure
investment; and
``(ii) in the case of all other qualified
Indian reservation property, the taxpayer's
basis for such property.
``(C) Reservation personal property.--The term
`reservation personal property' means qualified
personal property which is used by the taxpayer
predominantly in the active conduct of a trade or
business within an Indian reservation. Property shall
not be treated as `reservation personal property' if it
is used or located outside the Indian reservation on a
regular basis.
``(D) Qualified personal property.--The term
`qualified personal property' means property--
``(i) for which depreciation is allowable
under section 168;
``(ii) which is not--
``(I) nonresidential real property;
``(II) residential rental property;
or
``(III) real property which is not
described in subclause (I) or (II) and
which has a class life of more than
12.5 years.
For purposes of this subparagraph, the terms
`nonresidential real property', `residential
rental property', and `class life' have the
respective meanings given such terms by section
168.
``(E) New reservation construction property.--The
term `new reservation construction property' means
qualified real property--
``(i) which is located in an Indian
reservation;
``(ii) which is used by the taxpayer
predominantly in the active conduct of a trade
or business within an Indian reservation; and
``(iii) which is originally placed in
service by the taxpayer.
``(F) Qualified real property.--The term `qualified
real property' means property for which depreciation is
allowable under section 168 and which is described in
subclause (I), (II), or (III) of subparagraph (D)(ii).
``(G) Reservation infrastructure investment.--
``(i) In general.--The term `reservation
infrastructure investment' means qualified
personal property or qualified real property
which--
``(I) benefits the tribal
infrastructure;
``(II) is available to the general
public; and
``(III) is placed in service in
connection with the taxpayer's active
conduct of a trade or business within
an Indian reservation.
``(ii) Property may be located outside the
reservation.--Qualified personal property and
qualified real property used or located outside
an Indian reservation shall be reservation
infrastructure investment only if its purpose
is to connect to existing tribal infrastructure
in the reservation, and shall include, but not
be limited to, roads, power lines, water
systems, railroad spurs, and communications
facilities.
``(H) Coordination with other credits.--The term
`qualified Indian reservation property' shall not
include any property with respect to which the energy
credit or the rehabilitation credit is allowed.
``(3) Real estate rentals.--For purposes of this section,
the rental to others of real property located within an Indian
reservation shall be treated as the active conduct of a trade
or business in an Indian reservation.
``(4) Indian reservation defined.--For purposes of this
subpart, the term `Indian reservation' means--
``(A) a reservation, as defined in section 4(10) of
the Indian Child Welfare Act of 1978 (25 U.S.C.
1903(10)), or
``(B) lands held under the provisions of the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.)
by a Native corporation as defined in section 3(m) of
such Act (43 U.S.C. 1602(m)).
``(5) Limitation based on unemployment.--
``(A) General rule.--The Indian reservation credit
allowed under section 46 for any taxable year shall
equal--
``(i) if the Indian unemployment rate on
the applicable Indian reservation for which the
credit is sought exceeds 300 percent of the
national average unemployment rate at any time
during the calendar year in which the property
is placed in service or during the immediately
preceding 2 calendar years, 100 percent of such
credit;
``(ii) if such Indian unemployment rate
exceeds 150 percent but not 300 percent, 50
percent of such credit; and
``(iii) if such Indian unemployment rate
does not exceed 150 percent, 0 percent of such
credit.
``(B) Special rule for large projects.--In the case
of a qualified Indian reservation property which has
(or is a component of a project which has) a projected
construction period of more than 2 years or a cost of
more than $1,000,000, subparagraph (A) shall be applied
by substituting `during the earlier of the calendar
year in which the taxpayer enters into a binding
agreement to make a qualified investment or the first
calendar year in which the taxpayer has expended at
least 10 percent of the taxpayer's qualified
investment, or the preceding calendar year' for `during
the calendar year in which the property is placed in
service or during the immediately preceding 2 calendar
years'.
``(C) Determination of indian unemployment.--For
purposes of this paragraph, with respect to any Indian
reservation, the Indian unemployment rate shall be
based upon Indians unemployed and able to work, and
shall be certified by the Secretary of the Interior.
``(6) Coordination with nonrevenue laws.--Any reference in
this subsection to a provision not contained in this title
shall be treated for purposes of this subsection as a reference
to such provision as in effect on the date of the enactment of
this paragraph.''.
(2) Lodging to qualify.--Paragraph (2) of section 50(b) of
such Code (relating to property used for lodging) is amended by
striking ``and'' at the end of subparagraph (C), by striking
the period at the end of subparagraph (D) and inserting ``;
and'', and by adding at the end the following subparagraph:
``(E) new reservation construction property.''.
(c) Recapture.--Subsection (a) of section 50 of such Code (relating
to recapture in case of dispositions, etc.), is amended by adding at
the end the following new paragraph:
``(6) Special rules for indian reservation property.--
``(A) In general.--If, during any taxable year,
property with respect to which the taxpayer claimed an
Indian reservation credit--
``(i) is disposed of; or
``(ii) in the case of reservation personal
property--
``(I) otherwise ceases to be
investment credit property with respect
to the taxpayer; or
``(II) is removed from the Indian
reservation, converted, or otherwise
ceases to be Indian reservation
property,
the tax under this chapter for such taxable year shall
be increased by the amount described in subparagraph
(B).
``(B) Amount of increase.--The increase in tax
under subparagraph (A) shall equal the aggregate
decrease in the credits allowed under section 38 by
reason of section 48(c) for all prior taxable years
which would have resulted had the qualified investment
taken into account with respect to the property been
limited to an amount which bears the same ratio to the
qualified investment with respect to such property as
the period such property was held by the taxpayer bears
to the applicable recovery period under section 168(g).
``(C) Coordination with other recapture
provisions.--In the case of property to which this
paragraph applies, paragraph (1) shall not apply and
the rules of paragraphs (3), (4), and (5) shall
apply.''.
(d) Basis Adjustment To Reflect Investment Credit.--Paragraph (3)
of section 50(c) of such Code (relating to basis adjustment to
investment credit property) is amended by striking ``energy credit or
reforestation credit'' and inserting ``energy credit, reforestation
credit, or Indian reservation credit other than with respect to any
expenditure for new reservation construction property''.
(e) Certain Governmental Use Property To Qualify.--Paragraph (4) of
section 50(b) of such Code (relating to property used by governmental
units or foreign persons or entities) is amended by redesignating
subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively,
and by inserting after subparagraph (C) the following new subparagraph:
``(D) Exception for reservation infrastructure
investment.--This paragraph shall not apply for
purposes of determining the Indian reservation credit
with respect to reservation infrastructure
investment.''.
(f) Application of At-Risk Rules.--Subparagraph (C) of section
49(a)(1) of such Code is amended by striking ``and'' at the end of
clause (ii), by striking the period at the end of clause (iii) and
inserting ``, and'', and by adding at the end the following new clause:
``(iv) the qualified investment in
qualified Indian reservation property.''.
(g) Clerical Amendments.--
(1) Section 48 of such Code is amended by striking the
heading and inserting the following:
``SEC. 48. ENERGY CREDIT; REFORESTATION CREDIT; INDIAN RESERVATION
CREDIT.''.
(2) The table of sections for subpart E of part IV of
subchapter A of chapter 1 is amended by striking the item
relating to section 48 and inserting the following:
``Sec. 48. Energy credit; reforestation
credit; Indian reservation
credit.''.
(h) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2001. | Indian Reservation Economic Investment Act of 2001 - Amends the Internal Revenue Code to allow an Indian reservation investment credit based on specified amounts. Includes qualified personal property and qualified real property used or located outside an Indian reservation which is connected to existing tribal infrastructure in the reservation, including roads, power lines, water systems, railroad spurs, and communication facilities as a reservation infrastructure investment. Limits the credit based on the Indian unemployment rate. Provides for recapture of the credit in certain cases. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide tax credits for investment in Indian reservation economic development, and for other purposes."} | 2,717 | 103 | 0.602251 | 1.400817 | 0.474329 | 3.032609 | 27.130435 | 0.880435 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Agency Protection of Privacy
Act''.
SEC. 2. REQUIREMENT THAT AGENCY RULEMAKING TAKE INTO CONSIDERATION
IMPACTS ON INDIVIDUAL PRIVACY.
(a) In General.--Title 5, United States Code, is amended by adding
after section 553 the following new section:
``Sec. 553a. Privacy impact analysis in rulemaking
``(a) Initial Privacy Impact Analysis.--
``(1) In general.--Whenever an agency is required by
section 553 of this title, or any other law, to publish a
general notice of proposed rulemaking for any proposed rule, or
publishes a notice of proposed rulemaking for an interpretative
rule involving the internal revenue laws of the United States,
the agency shall prepare and make available for public comment
an initial privacy impact analysis. Such analysis shall
describe the impact of the proposed rule on the privacy of
individuals. The initial privacy impact analysis or a summary
shall be signed by the senior agency official with primary
responsibility for privacy policy and be published in the
Federal Register at the time of the publication of a general
notice of proposed rulemaking for the rule.
``(2) Contents.--Each initial privacy impact analysis
required under this subsection shall contain the following:
``(A) A description and assessment of the extent to
which the proposed rule will impact the privacy
interests of individuals, including the extent to which
the proposed rule--
``(i) provides notice of the collection of
personally identifiable information, and
specifies what personally identifiable
information is to be collected and how it is to
be collected, maintained, used, and disclosed;
``(ii) allows access to such information by
the person to whom the personally identifiable
information pertains and provides an
opportunity to correct inaccuracies;
``(iii) prevents such information, which is
collected for one purpose, from being used for
another purpose; and
``(iv) provides security for such
information.
``(B) A description of any significant alternatives
to the proposed rule which accomplish the stated
objectives of applicable statutes and which minimize
any significant privacy impact of the proposed rule on
individuals.
``(b) Final Privacy Impact Analysis.--
``(1) In general.--Whenever an agency promulgates a final
rule under section 553 of this title, after being required by
that section or any other law to publish a general notice of
proposed rulemaking, or promulgates a final interpretative rule
involving the internal revenue laws of the United States, the
agency shall prepare a final privacy impact analysis, signed by
the senior agency official with primary responsibility for
privacy policy.
``(2) Contents.--Each final privacy impact analysis
required under this subsection shall contain the following:
``(A) A description and assessment of the extent to
which the final rule will impact the privacy interests
of individuals, including the extent to which the
proposed rule--
``(i) provides notice of the collection of
personally identifiable information, and
specifies what personally identifiable
information is to be collected and how it is to
be collected, maintained, used, and disclosed;
``(ii) allows access to such information by
the person to whom the personally identifiable
information pertains and provides an
opportunity to correct inaccuracies;
``(iii) prevents such information, which is
collected for one purpose, from being used for
another purpose; and
``(iv) provides security for such
information.
``(B) A summary of the significant issues raised by
the public comments in response to the initial privacy
impact analysis, a summary of the assessment of the
agency of such issues, and a statement of any changes
made in the proposed rule as a result of such issues.
``(C) A description of the steps the agency has
taken to minimize the significant privacy impact on
individuals consistent with the stated objectives of
applicable statutes, including a statement of the
factual, policy, and legal reasons for selecting the
alternative adopted in the final rule and why each one
of the other significant alternatives to the rule
considered by the agency which affect the privacy
interests of individuals was rejected.
``(3) Availability to public.--The agency shall make copies
of the final privacy impact analysis available to members of
the public and shall publish in the Federal Register such
analysis or a summary thereof.
``(c) Procedure for Waiver or Delay of Completion.--An agency head
may waive or delay the completion of some or all of the requirements of
subsections (a) and (b) to the same extent as the agency head may,
under section 608, waive or delay the completion of some or all of the
requirements of sections 603 and 604, respectively.
``(d) Procedures for Gathering Comments.--When any rule is
promulgated which may have a significant privacy impact on individuals,
or a privacy impact on a substantial number of individuals, the head of
the agency promulgating the rule or the official of the agency with
statutory responsibility for the promulgation of the rule shall assure
that individuals have been given an opportunity to participate in the
rulemaking for the rule through techniques such as--
``(1) the inclusion in an advance notice of proposed
rulemaking, if issued, of a statement that the proposed rule
may have a significant privacy impact on individuals, or a
privacy impact on a substantial number of individuals;
``(2) the publication of a general notice of proposed
rulemaking in publications of national circulation likely to be
obtained by individuals;
``(3) the direct notification of interested individuals;
``(4) the conduct of open conferences or public hearings
concerning the rule for individuals, including soliciting and
receiving comments over computer networks; and
``(5) the adoption or modification of agency procedural
rules to reduce the cost or complexity of participation in the
rulemaking by individuals.
``(e) Periodic Review of Rules.--
``(1) In general.--Each agency shall carry out a periodic
review of the rules promulgated by the agency that have a
significant privacy impact on individuals, or a privacy impact
on a substantial number of individuals. Under such periodic
review, the agency shall determine, for each such rule, whether
the rule can be amended or rescinded in a manner that minimizes
any such impact while remaining in accordance with applicable
statutes. For each such determination, the agency shall
consider the following factors:
``(A) The continued need for the rule.
``(B) The nature of complaints or comments received
from the public concerning the rule.
``(C) The complexity of the rule.
``(D) The extent to which the rule overlaps,
duplicates, or conflicts with other Federal rules, and,
to the extent feasible, with State and local
governmental rules.
``(E) The length of time since the rule was last
reviewed under this subsection.
``(F) The degree to which technology, economic
conditions, or other factors have changed in the area
affected by the rule since the rule was last reviewed
under this subsection.
``(2) Plan required.--Each agency shall carry out the
periodic review required by paragraph (1) in accordance with a
plan published by such agency in the Federal Register. Each
such plan shall provide for the review under this subsection of
each rule promulgated by the agency not later than 10 years
after the date on which such rule was published as the final
rule and, thereafter, not later than 10 years after the date on
which such rule was last reviewed under this subsection. The
agency may amend such plan at any time by publishing the
revision in the Federal Register.
``(3) Annual publication.--Each year, each agency shall
publish in the Federal Register a list of the rules to be
reviewed by such agency under this subsection during the
following year. The list shall include a brief description of
each such rule and the need for and legal basis of such rule
and shall invite public comment upon the determination to be
made under this subsection with respect to such rule.
``(f) Judicial Review.--
``(1) In general.--For any rule subject to this section, an
individual who is adversely affected or aggrieved by final
agency action is entitled to judicial review of agency
compliance with the requirements of subsections (b) and (c) in
accordance with chapter 7. Agency compliance with subsection
(d) shall be judicially reviewable in connection with judicial
review of subsection (b).
``(2) Jurisdiction.--Each court having jurisdiction to
review such rule for compliance with section 553, or under any
other provision of law, shall have jurisdiction to review any
claims of noncompliance with subsections (b) and (c) in
accordance with chapter 7. Agency compliance with subsection
(d) shall be judicially reviewable in connection with judicial
review of subsection (b).
``(3) Limitations.--
``(A) An individual may seek such review during the
period beginning on the date of final agency action and
ending 1 year later, except that where a provision of
law requires that an action challenging a final agency
action be commenced before the expiration of 1 year,
such lesser period shall apply to an action for
judicial review under this subsection.
``(B) In the case where an agency delays the
issuance of a final privacy impact analysis pursuant to
subsection (c), an action for judicial review under
this section shall be filed not later than--
``(i) 1 year after the date the analysis is
made available to the public; or
``(ii) where a provision of law requires
that an action challenging a final agency
regulation be commenced before the expiration
of the 1-year period, the number of days
specified in such provision of law that is
after the date the analysis is made available to the public.
``(4) Relief.--In granting any relief in an action under
this subsection, the court shall order the agency to take
corrective action consistent with this section and chapter 7,
including, but not limited to--
``(A) remanding the rule to the agency; and
``(B) deferring the enforcement of the rule against
individuals, unless the court finds that continued
enforcement of the rule is in the public interest.
``(5) Rule of construction.--Nothing in this subsection
shall be construed to limit the authority of any court to stay
the effective date of any rule or provision thereof under any
other provision of law or to grant any other relief in addition
to the requirements of this subsection.
``(6) Record of agency action.--In an action for the
judicial review of a rule, the privacy impact analysis for such
rule, including an analysis prepared or corrected pursuant to
paragraph (4), shall constitute part of the entire record of
agency action in connection with such review.
``(7) Exclusivity.--Compliance or noncompliance by an
agency with the provisions of this section shall be subject to
judicial review only in accordance with this subsection.
``(8) Savings clause.--Nothing in this subsection bars
judicial review of any other impact statement or similar
analysis required by any other law if judicial review of such
statement or analysis is otherwise permitted by law.
``(g) Definition.--For purposes of this section, the term
`personally identifiable information' means information that can be
used to identify an individual, including such individual's name,
address, telephone number, photograph, social security number or other
identifying information. It includes information about such
individual's medical or financial condition.''.
(b) Periodic Review Transition Provisions.--
(1) Initial plan.--For each agency, the plan required by
subsection (e) of section 553a of title 5, United States Code
(as added by subsection (a)), shall be published not later than
180 days after the date of the enactment of this Act.
(2) In the case of a rule promulgated by an agency before
the date of the enactment of this Act, such plan shall provide
for the periodic review of such rule before the expiration of
the 10-year period beginning on the date of the enactment of
this Act. For any such rule, the head of the agency may provide
for a 1-year extension of such period if the head of the
agency, before the expiration of the period, certifies in a
statement published in the Federal Register that reviewing such
rule before the expiration of the period is not feasible. The
head of the agency may provide for additional 1-year extensions
of the period pursuant to the preceding sentence, but in no
event may the period exceed 15 years.
(c) Congressional Review.--Section 801(a)(1)(B) of title 5, United
States Code, is amended--
(1) by redesignating clauses (iii) and (iv) as clauses (iv)
and (v), respectively; and
(2) by inserting after clause (ii) the following new
clause:
``(iii) the agency's actions relevant to section 553a;''.
(d) Clerical Amendment.--The table of sections at the beginning of
chapter 5 of title 5, United States Code, is amended by adding after
the item relating to section 553 the following new item:
``553a. Privacy impact analysis in rulemaking.''.
Passed the House of Representatives October 7, 2002.
Attest:
Clerk. | Federal Agency Protection of Privacy Act - Requires Federal agencies: (1) when publishing a general notice of proposed rulemaking for any proposed rule or for an interpretative rule involving the internal revenue laws, to prepare, make available for public comment, and publish an initial analysis describing the rule's impact on the privacy of individuals; and (2) when promulgating the final rule, to prepare, make publicly available, and publish a final privacy impact analysis that includes a summary of the significant issues raised by and changes made pursuant to public comments on the initial analysis. Allows an agency head to waive or delay the completion of some or all of such requirements to the same extent such agency head may waive or delay completion of requirements for initial and final regulatory flexibility analyses.Requires the head of an agency promulgating a rule that may have a significant privacy impact on individuals or on a substantial number of individuals to use specified techniques to assure that individuals have been given an opportunity to participate in the rulemaking.Requires each agency to: (1) carry out a periodic review of promulgated rules that have such impact to determine whether each such rule can be amended or rescinded in a manner that minimizes such impact while remaining in accordance with applicable statutes; (2) carry out such review in accordance with a plan that provides for the review of each rule every ten years after the rule was published as a final rule; and (3) publish annually a list of the rules to be reviewed.Sets forth provisions governing judicial review of agency compliance with this Act.Requires submission of an agency's actions under this Act for congressional review. | {"src": "billsum_train", "title": "To amend title 5, United States Code, to require that agencies, in promulgating rules, take into consideration the impact of such rules on the privacy of individuals, and for other purposes."} | 2,905 | 358 | 0.650573 | 1.915404 | 0.890083 | 3.705128 | 8.983974 | 0.948718 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Education Research & Development To
Improve Achievement Act of 2007''.
SEC. 2. EDUCATION RESEARCH AND DEVELOPMENT.
Subpart 1 of part D of title V of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7243 et seq.) is amended by adding at
the end the following:
``SEC. 5415. STUDIES FOR THE DEVELOPMENT OF CORE PROGRAMS.
``(a) Purpose.--The purpose of this section is to develop
replicable, research-proven activities for core title I programs,
including the following programs and areas:
``(1) Targeted areas of instruction.
``(2) School improvement and restructuring under section
1116.
``(3) Supplemental educational services under section
1116(e).
``(4) Reading First under subpart 1 of part B of title I.
``(5) Other programs as determined by the Secretary to be
in need of further development.
``(b) Awarding of Grants.--The Secretary shall award grants to
research and development entities to enable such entities to carry out
the activities described in this section.
``(c) Application.--
``(1) In general.--A research and development entity that
desires to receive a grant under this section shall submit an
application to the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may require.
``(2) Contents.--Each application submitted under paragraph
(1) shall--
``(A) demonstrate a record of development of
successful educational programs or conduct of large-
scale, peer-reviewed research, or both, as appropriate;
``(B) establish clear objectives;
``(C) establish annual benchmarks for progress;
``(D) describe plans to develop or evaluate
programs likely to enhance student achievement; and
``(E) describe plans to disseminate findings and
products of the research and development.
``(d) Use of Funds.--A research and development entity that
receives a grant under this section shall use the grant funds for the
following:
``(1) Creating and evaluating new approaches in 1 or more
of the following areas:
``(A) Each of the targeted areas of instruction
under section 1111(b)(1)(C).
``(B) School improvement and restructuring under
section 1116.
``(C) Supplemental educational services under
section 1116(e).
``(D) Reading First under subpart 1 of part B of
title I.
``(2) Carrying out large-scale randomized evaluations of
activities that have proven promising in small-scale
evaluations.
``(3) Carrying out large-scale randomized evaluations of
existing programs.
``(4) Supporting nonprofit developers of research-proven
activities in the creation of capacity for training, material
production, and other needs to scale up programs rapidly.
``(5) Disseminating information about effective activities
and providing incentives for schools to adopt such activities.
``(e) Minimum Grant.--The minimum amount for each grant awarded
under this section shall be $500,000 annually.
``(f) Continuation of Grants.--In determining whether to continue a
grant awarded under this section, the Secretary shall consider--
``(1) if the grantee was reasonably on track with the
objectives and benchmarks stated in the application; and
``(2) if the grantee has shown promise in the creation and
evaluation of an effective program.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) for fiscal year 2008, $100,000,000 or one fifth the
amount appropriated to carry out this part for such fiscal
year, whichever amount is greater;
``(2) for fiscal year 2009, $110,000,000 or one fifth the
amount appropriated to carry out this part for such fiscal
year, whichever amount is greater;
``(3) for fiscal year 2010, $120,000,000 or one fifth the
amount appropriated to carry out this part for such fiscal
year, whichever amount is greater;
``(4) for fiscal year 2011, $130,000,000 or one fifth the
amount appropriated to carry out this part for such fiscal
year, whichever amount is greater;
``(5) for fiscal year 2012, $140,000,000 or one fifth the
amount appropriated to carry out this part for such fiscal
year, whichever amount is greater; and
``(6) for fiscal year 2013, $150,000,000 or one fifth the
amount appropriated to carry out this part for such fiscal
year, whichever amount is greater.''. | Education Research & Development To Improve Achievement Act of 2007 - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to award grants to research and development entities to develop, evaluate, and encourage the replication of innovations in core activities under title I (Improving the Academic Achievement of the Disadvantaged) of the Act, including: (1) instruction in mathematics, reading or language arts, and science; (2) school improvement and restructuring; (3) supplemental educational services; and (4) the Reading First program. | {"src": "billsum_train", "title": "A bill to encourage the development of research-proven programs funded under the Elementary and Secondary Education Act of 1965."} | 1,007 | 110 | 0.608093 | 1.432016 | 0.953926 | 2.714286 | 9.228571 | 0.885714 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Investment
Enhancement and Tax Relief Act''.
TITLE I--SMALL BUSINESS EARLY-STAGE INVESTMENT PROGRAM
SEC. 101. SMALL BUSINESS EARLY-STAGE INVESTMENT PROGRAM.
Title III of the Small Business Investment Act of 1958 (15 U.S.C.
681 et seq.) is amended by adding at the end the following:
``PART D--SMALL BUSINESS EARLY-STAGE INVESTMENT PROGRAM
``SEC. 399A. ESTABLISHMENT OF PROGRAM.
``The Administrator shall establish and carry out an early-stage
investment program (hereinafter referred to in this part as the
`program') to provide equity investment financing to support early-
stage small businesses in accordance with this part.
``SEC. 399B. ADMINISTRATION OF PROGRAM.
``The program shall be administered by the Administrator acting
through the Associate Administrator described under section 201.
``SEC. 399C. APPLICATIONS.
``(a) In General.--Any existing or newly formed incorporated body,
limited liability company, or limited partnership organized and
chartered or otherwise existing under Federal or State law for the
purpose of performing the functions and conducting the activities
contemplated under the program and any manager of any small business
investment company may submit to the Administrator an application to
participate in the program.
``(b) Requirements for Application.--An application to participate
in the program shall include the following:
``(1) A business plan describing how the applicant intends
to make successful venture capital investments in early-stage
small businesses and direct capital to small business concerns
in targeted industries or other business sectors.
``(2) Information regarding the relevant venture capital
investment qualifications and backgrounds of the individuals
responsible for the management of the applicant.
``(3) A description of the extent to which the applicant
meets the selection criteria under section 399D.
``(c) Applications From Managers of Small Business Investment
Companies.--The Administrator shall establish an abbreviated
application process for applicants that are managers of small business
investment companies that are licensed under section 301 and that are
applying to participate in the program. Such abbreviated process shall
incorporate a presumption that such managers satisfactorily meet the
selection criteria under paragraphs (3) and (5) of section 399D(b).
``SEC. 399D. SELECTION OF PARTICIPATING INVESTMENT COMPANIES.
``(a) In General.--Not later than 90 days after the date on which
the Administrator receives an application from an applicant under
section 399C, the Administrator shall make a determination to
conditionally approve or disapprove such applicant to participate in
the program and shall transmit such determination to the applicant in
writing. A determination to conditionally approve an applicant shall
identify all conditions necessary for a final approval and shall
provide a period of not less than one year for satisfying such
conditions.
``(b) Selection Criteria.--In making a determination under
subsection (a), the Administrator shall consider each of the following:
``(1) The likelihood that the applicant will meet the goals
specified in the business plan of the applicant.
``(2) The likelihood that the investments of the applicant
will create or preserve jobs, both directly and indirectly.
``(3) The character and fitness of the management of the
applicant.
``(4) The experience and background of the management of
the applicant.
``(5) The extent to which the applicant will concentrate
investment activities on early-stage small businesses.
``(6) The likelihood that the applicant will achieve
profitability.
``(7) The experience of the management of the applicant
with respect to establishing a profitable investment track
record.
``(8) The extent to which the applicant will concentrate
investment activities on small business concerns in targeted
industries.
``(c) Final Approval.--For each applicant provided a conditional
approval under subsection (a), the Administrator shall provide final
approval to participate in the program not later than 90 days after the
date the applicant satisfies the conditions specified by the
Administrator under such subsection or, in the case of applicants whose
partnership or management agreements conform to models approved by the
Administrator, the Administrator shall provide final approval to
participate in the program not later than 30 days after the date the
applicant satisfies the conditions specified under such subsection. If
an applicant provided conditional approval under subsection (a) fails
to satisfy the conditions specified by the Administrator in the time
period designated under such subsection, the Administrator shall revoke
the conditional approval.
``SEC. 399E. EQUITY FINANCINGS.
``(a) In General.--The Administrator may make one or more equity
financings to a participating investment company.
``(b) Equity Financing Amounts.--
``(1) Non-federal capital.--An equity financing made to a
participating investment company under the program may not be
in an amount that exceeds the amount of the capital of such
company that is not from a Federal source and that is available
for investment on or before the date on which an equity
financing is drawn upon. Such capital may include legally
binding commitments with respect to capital for investment.
``(2) Limitation on aggregate amount.--The aggregate amount
of all equity financings made to a participating investment
company under the program may not exceed $100,000,000.
``(c) Equity Financing Process.--In making an equity financing
under the program, the Administrator shall commit an equity financing
amount to a participating investment company and the amount of each
such commitment shall remain available to be drawn upon by such
company--
``(1) for new-named investments during the 5-year period
beginning on the date on which each such commitment is first
drawn upon; and
``(2) for follow-on investments and management fees during
the 10-year period beginning on the date on which each such
commitment is first drawn upon, with not more than 2 additional
1-year periods available at the discretion of the
Administrator.
``(d) Commitment of Funds.--The Administrator shall make
commitments for equity financings not later than 2 years after the date
funds are appropriated for the program.
``SEC. 399F. INVESTMENTS IN EARLY-STAGE SMALL BUSINESSES.
``(a) In General.--As a condition of receiving an equity financing
under the program, a participating investment company shall make all of
the investments of such company in small business concerns, of which at
least 50 percent shall be early-stage small businesses.
``(b) Evaluation of Compliance.--With respect to an equity
financing amount committed to a participating investment company under
section 399E, the Administrator shall evaluate the compliance of such
company with the requirements under this section if such company has
drawn upon 50 percent of such commitment.
``SEC. 399G. PRO RATA INVESTMENT SHARES.
``Each investment made by a participating investment company under
the program shall be treated as comprised of capital from equity
financings under the program according to the ratio that capital from
equity financings under the program bears to all capital available to
such company for investment.
``SEC. 399H. EQUITY FINANCING INTEREST.
``(a) Equity Financing Interest.--
``(1) In general.--As a condition of receiving an equity
financing under the program, a participating investment company
shall convey an equity financing interest to the Administrator
in accordance with paragraph (2).
``(2) Effect of conveyance.--The equity financing interest
conveyed under paragraph (1) shall have all the rights and
attributes of other investors attributable to their interests
in the participating investment company, but shall not denote
control or voting rights to the Administrator. The equity
financing interest shall entitle the Administrator to a pro
rata portion of any distributions made by the participating
investment company equal to the percentage of capital in the
participating investment company that the equity financing
comprises. The Administrator shall receive distributions from
the participating investment company at the same times and in
the same amounts as any other investor in the company with a
similar interest. The investment company shall make allocations
of income, gain, loss, deduction, and credit to the
Administrator with respect to the equity financing interest as
if the Administrator were an investor.
``(b) Manager Profits.--As a condition of receiving an equity
financing under the program, the manager profits interest payable to
the managers of a participating investment company under the program
shall not exceed 20 percent of profits, exclusive of any profits that
may accrue as a result of the capital contributions of any such
managers with respect to such company. Any excess of this amount, less
taxes payable thereon, shall be returned by the managers and paid to
the investors and the Administrator in proportion to the capital
contributions and equity financings paid in. No manager profits
interest (other than a tax distribution) shall be paid prior to the
repayment to the investors and the Administrator of all contributed
capital and equity financings made.
``(c) Distribution Requirements.--As a condition of receiving an
equity financing under the program, a participating investment company
shall make all distributions to all investors in cash and shall make
distributions within a reasonable time after exiting investments,
including following a public offering or market sale of underlying
investments.
``SEC. 399I. FUND.
``There is hereby created within the Treasury a separate fund for
equity financings which shall be available to the Administrator subject
to annual appropriations as a revolving fund to be used for the
purposes of the program. All amounts received by the Administrator,
including any moneys, property, or assets derived by the Administrator
from operations in connection with the program, shall be deposited in
the fund. All expenses and payments, excluding administrative expenses,
pursuant to the operations of the Administrator under the program shall
be paid from the fund.
``SEC. 399J. APPLICATION OF OTHER SECTIONS.
``To the extent not inconsistent with requirements under this part,
the Administrator may apply sections 309, 311, 312, 313, and 314 to
activities under this part and an officer, director, employee, agent,
or other participant in a participating investment company shall be
subject to the requirements under such sections.
``SEC. 399K. ANNUAL REPORTING.
``The Administrator shall report on the performance of the program
in the annual performance report of the Administration.
``SEC. 399L. DEFINITIONS.
``In this part, the following definitions apply:
``(1) Early-stage small business.--The term `early-stage
small business' means a small business concern that--
``(A) is domiciled in a State; and
``(B) has not generated gross annual sales revenues
exceeding $15,000,000 in any of the previous 3 years.
``(2) Participating investment company.--The term
`participating investment company' means an applicant approved
under section 399D to participate in the program.
``(3) Targeted industries.--The term `targeted industries'
means any of the following business sectors:
``(A) Agricultural technology.
``(B) Energy technology.
``(C) Environmental technology.
``(D) Life science.
``(E) Information technology.
``(F) Digital media.
``(G) Clean technology.
``(H) Defense technology.''.
TITLE II--SMALL BUSINESS INVESTMENT
SEC. 201. TAX CREDIT FOR SMALL BUSINESS INVESTMENT.
(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 25D the
following new section:
``SEC. 25E. SMALL BUSINESS INVESTMENT.
``(a) In General.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this chapter an amount
equal to 20 percent of the amount paid or incurred for qualified small
business investments during the taxable year.
``(b) Limitation.--With respect to any qualified small business
investment in any corporation or partnership, the amount paid or
incurred by any taxpayer which is taken into account under subsection
(a) shall not exceed $250,000 ($500,000 in the case of a joint return),
reduced by the amount taken into account under such subsection with
respect to investments by the taxpayer in such corporation or
partnership for all prior taxable years.
``(c) Qualified Small Business Investment.--For purposes of this
section--
``(1) In general.--The term `qualified small business
investment' means any small business stock and any small
business partnership interest.
``(2) Small business stock.--The term `small business
stock' means any stock in a domestic corporation acquired by
the taxpayer at its original issue (directly or through an
underwriter) solely in exchange for cash, if--
``(A) such corporation is an eligible small
business (as defined in section 41(b)(3)(D)(ii));
``(B) such corporation is engaged primarily in the
trade or business of manufacturing, processing,
assembling, or researching and developing products or
in the trade or business of agriculture, technology, or
life science;
``(C) such corporation has been in existence for
less than 5 years as of such acquisition;
``(D) such corporation has fewer than 75 employees
as of such acquisition;
``(E) more than 50 percent of the corporation's
employees perform substantially all of their services
in the United States as of such acquisition; and
``(F) such stock is designated by the corporation
for purposes of this paragraph.
For purposes of subparagraph (E), stock shall not be treated as
designated if such designation would result in the aggregate
amount which may be taken into account under this section with
respect to stock issued by such corporation to exceed $750,000,
taking into account all taxpayers for all taxable years.
``(3) Small business partnership interest.--The term `small
business partnership interest' means any capital or profits
interest in a domestic partnership acquired by the taxpayer
from the partnership solely in exchange for cash, if--
``(A) such partnership is an eligible small
business (as defined in section 41(b)(3)(D)(ii));
``(B) such partnership is engaged primarily in the
trade or business of manufacturing, processing,
assembling, or researching and developing products or
in the trade or business of agriculture, technology, or
life science;
``(C) such partnership has been in existence for
less than 5 years as of such acquisition;
``(D) such partnership has fewer than 75 employees
as of such acquisition;
``(E) more than 50 percent of the partnership's
employees perform substantially all of their services
in the United States as of such acquisition; and
``(F) such capital or profits interest is
designated by partnership for purposes of this
paragraph.
For purposes of subparagraph (E), a capital or profits interest
shall not be treated as designated if such designation would
result in the aggregate amount which may be taken into account
under this section with respect to interests in such
partnership to exceed $750,000, taking into account all
taxpayers for all taxable years.
``(d) Carryforward of Unused Credit.--If the credit allowable under
subsection (a) exceeds the limitation imposed by section 26(a) for such
taxable year reduced by the sum of the credits allowable under this
subpart (other than this section), such excess shall be carried to the
succeeding taxable year and added to the credit allowable under this
section. Such excess shall not be taken into account under this
subsection for such succeeding taxable year or any taxable year
succeeding such year.''.
(b) Clerical Amendment.--The table of sections of such subpart is
amended by inserting after the item relating to section 25D the
following new item:
``Sec. 25E. Small business investment.''.
(c) Report to Congress.--The Secretary of the Treasury shall
conduct a study and report to Congress on the effectiveness of the
credit allowed under section 25E of the Internal Revenue Code of 1986
(as added by this section), and similar State tax credits, in providing
incentives for investment in qualified small businesses. There are
authorized to be appropriated $500,000 to carry out the purposes of
this subsection.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Small Business Investment Enhancement and Tax Relief Act - Amends the Small Business Investment Act of 1958 to direct the Administrator of the Small Business Administration (SBA) to establish and carry out an early-stage investment program (program) to provide, through participating investment companies, equity financing to support early-stage businesses (gross annual sales of $15 million or less in any of the previous three years). Outlines investment company application requirements and selection procedures. Allows the Administrator to make one or more equity financings to a participating company, with a limit of $100 million to any one company. Requires the company to make all of their investments in small businesses, of which at least 50% shall be early-stage small businesses. Establishes in the Treasury a separate fund for equity financings under the program. Amends the Internal Revenue Code to provide a small business investment tax credit of 20% of the amount paid or incurred for small business investments. Directs the Secretary of the Treasury to conduct a study of the effectiveness of the tax credit in providing incentives for investment in small businesses. | {"src": "billsum_train", "title": "Small Business Investment Enhancement and Tax Relief Act"} | 3,664 | 230 | 0.588911 | 1.631841 | 0.858001 | 3.25 | 16.322115 | 0.923077 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Shareholder Bill of Rights Act of
2009''.
SEC. 2. FINDINGS.
Congress finds that--
(1) among the central causes of the financial and economic
crises that the United States faces today has been a widespread
failure of corporate governance;
(2) within too many of the Nation's most important
businesses and financial institutions, both executive
management and boards of directors have failed in their most
basic duties, including to enact compensation policies that are
linked to the long-term profitability of their institutions, to
appropriately analyze and oversee enterprise risk, and most
importantly, to prioritize the long-term health of their firms
and their shareholders;
(3) such failure has led to the loss of trillions of
dollars in shareholder value, losses that have been borne by
millions of Americans who are shareholders through their
pension plans, 401(k) plans, and direct investments;
(4) a key contributing factor to such failure was the lack
of accountability of boards to their ultimate owners, the
shareholders;
(5) policies that serve to limit the ability of
shareholders to nominate and elect board members have served to
minimize the accountability of boards and management to
shareholders;
(6) it has always been the intent of Congress that the
Securities and Exchange Commission should have full authority
to determine the use of the issuer proxy with regards to the
nomination and election of directors by shareholders; and
(7) providing a greater voice to shareholders while not
impinging on management prerogatives is in the best interests
of shareholders, public corporations, and the economy as a
whole.
SEC. 3. SHAREHOLDER VOTE ON EXECUTIVE COMPENSATION DISCLOSURES.
(a) Amendment.--The Securities Exchange Act of 1934 (15 U.S.C. 78a
et seq.) is amended by inserting after section 14 the following new
section:
``SEC. 14A. ANNUAL SHAREHOLDER APPROVAL OF EXECUTIVE COMPENSATION.
``(a) Separate Resolution Required.--Any proxy or consent or
authorization for an annual or other meeting for which the proxy
solicitation rules of the Commission require compensation disclosure of
the shareholders occurring after the end of the 1-year period beginning
on the date of enactment of this subsection, shall include a separate
resolution subject to shareholder vote to approve the compensation of
executives as disclosed pursuant to the compensation disclosure rules
of the Commission (which disclosure shall include the compensation
discussion and analysis, the compensation tables, and any related
material).
``(b) Rule of Construction.--The shareholder vote referred to in
subsection (a) shall not be binding on the board of directors and shall
not be construed--
``(1) as overruling a decision by such board;
``(2) to create or imply any change to the current
fiduciary duties of such board;
``(3) to create or imply any additional fiduciary duty by
such board; or
``(4) to restrict or limit the ability of shareholders to
make proposals for inclusion in such proxy materials related to
executive compensation.
``(c) Shareholder Approval of Golden Parachute Compensation.--
``(1) Disclosure.--In any proxy solicitation material for
an annual or other meeting of the shareholders occurring after
the end of the 1-year period beginning on the date of enactment
of this subsection, that concerns an acquisition, merger,
consolidation, or proposed sale or other disposition of
substantially all of the assets of an issuer, the person making
such solicitation shall disclose in the proxy solicitation
material, in a clear and simple form in accordance with
regulations of the Commission, any agreements or understandings
that such person has with any principal executive officers of
such issuer (or of the acquiring issuer, if such issuer is not
the acquiring issuer) concerning any type of compensation
(whether present, deferred, or contingent) that are based on or
are otherwise related to the acquisition, merger,
consolidation, sale, or other disposition, and that have not
been subject to a shareholder vote under subsection (a).
``(2) Shareholder approval.--
``(A) In general.--The proxy solicitation material
containing the disclosure required by paragraph (1)
shall require a separate shareholder vote to approve
such agreements or understandings.
``(B) Rule of construction.--A vote by the
shareholders referred to in subparagraph (A) shall not
be binding on the board of directors and shall not be
construed--
``(i) as overruling a decision by such
board;
``(ii) to create or imply any change to the
current fiduciary duties of such board;
``(iii) to create or imply any additional
fiduciary duty by such board; or
``(iv) to restrict or limit the ability of
shareholders to make proposals for inclusion in
such proxy materials related to executive
compensation.''.
(b) Deadline for Rulemaking.--Not later than 1 year after the date
of the enactment of this Act, the Securities and Exchange Commission
(in this Act referred to as the ``Commission'') shall issue final rules
to carry out section 14A of the Securities Exchange Act of 1934, as
added by this section.
SEC. 4. SHAREHOLDER INPUT IN BOARD ELECTIONS.
Section 14A of the Securities Exchange Act of 1934, as added by
this Act, is amended by adding at the end the following:
``(d) Confirmation of Commission Authority on Shareholder Access to
Proxies for Board Nominations.--
``(1) Commission rules.--The Commission shall establish
rules relating to the use by shareholders of proxy solicitation
materials supplied by the issuer for the purpose of nominating
individuals to membership on the board of directors of an
issuer.
``(2) Shareholder requirements.--The rules of the
Commission under this paragraph relating to the use by
shareholders of proxy solicitation materials supplied by the
issuer for the purpose of nominating individuals to membership
on the board of directors of an issuer may not provide for such
use, unless the shareholder, or a group of shareholders acting
by agreement, has beneficially owned, directly or indirectly,
an aggregate of not less than one percent of the voting
securities of the issuer for at least the 2-year period
preceding the date of the next scheduled annual meeting of the
issuer.''.
SEC. 5. CORPORATE GOVERNANCE STANDARDS.
Section 14A of the Securities Exchange Act of 1934, as added by
this Act, is amended by adding at the end the following:
``(e) Corporate Governance Standards.--
``(1) Listing standards.--
``(A) In general.--Not later than 1 year after the
date of enactment of this subsection, the Commission
shall, by rule, direct the national securities
exchanges and national securities associations to
prohibit the listing of any security of an issuer that
is not in compliance with any of the requirements of
paragraphs (2) through (5), notwithstanding any other
provision of law.
``(B) Opportunity to comply and cure.--The rules
under this paragraph shall provide for appropriate
procedures for an issuer to have an opportunity to come
into compliance with the requirements of this
subsection and to cure any defects that would be the
basis for a prohibition under subparagraph (A), before
the imposition of such prohibition.
``(C) Authority to exempt.--The Commission may, by
rule or order, exempt certain issuers from any or all
of the requirements of this subsection and the rules
issued under this subsection, based on the size of the
issuer, market capitalization, public float, number of
shareholders of record, or other criteria, as the
Commission deems necessary or appropriate.
``(2) Director independence.--Each issuer shall provide in
governing documents or in a public statement of corporate
policy that, consistent with the status of the issuer as a
company having a class of equity securities that are registered
under subsection (b) or (g) of section 12, the chairperson of
the board of directors of the issuer--
``(A) shall be independent, as determined in
accordance with the rules of the exchange on which the
securities of such issuer are listed, and otherwise by
rule of the Commission; and
``(B) shall not have previously served as an
executive officer of the issuer.
``(3) Annual elections required.--Each issuer shall provide
in its governing documents that each member of the board of
directors of the issuer shall be subject to annual election by
the shareholders. Nothing in this subsection may be construed
to establish a maximum period of service, or otherwise limit
the terms of service, on the board of directors of an issuer.
``(4) Commission rules on elections.--In board elections--
``(A) directors in uncontested elections shall be
elected by a majority of votes cast as to each nominee;
``(B) if such election is contested, where the
number of nominees exceeds the number of directors to
be elected, directors shall be elected by the vote of a
plurality of the shares represented at an any meeting
and entitled to vote; and
``(C) if a member of the board of directors of an
issuer is not elected to a new term in an uncontested
election--
``(i) such director shall tender his or her
resignation to the board of directors; and
``(ii) the board of directors shall--
``(I) accept such resignation;
``(II) determine a date on which
such resignation will take effect,
within a reasonable period of time, as
established by the Commission; and
``(III) make that date public
within a reasonable period of time.
``(5) Risk committee.--
``(A) In general.--Each issuer shall, 1 year after
the date of issuance of final rules under subparagraph
(B), establish a risk committee, comprised entirely of
independent directors, which shall be responsible for
the establishment and evaluation of the risk management
practices of the issuer.
``(B) Commission rulemaking.--The Commission shall
issue final rules regarding the establishment of risk
committees under this paragraph, not later than 1 year
after the date of enactment of this subsection.''. | Shareholder Bill of Rights Act of 2009 - Amends the Securities Exchange Act of 1934 to require any proxy or consent or authorization for an annual or other meeting for which the proxy solicitation rules of the Securities Exchange Commission (SEC) require shareholder compensation disclosure to include a separate resolution subject to shareholder vote to approve the compensation of executives.
Requires any person making a proxy solicitation concerning an acquisition, merger, consolidation, or proposed sale or other disposition of substantially all of the assets of an issuer (transaction) to disclose in the proxy solicitation material, in a clear and simple form, any agreements or understandings of that person with any of the issuer's principal executive officers concerning any type of (golden parachute) compensation based on or otherwise related to the transaction that have not been subject to a shareholder vote.
Requires the proxy solicitation material for a golden parachute to require a separate shareholder vote to approve it.
Directs the SEC to establish rules for the use by shareholders of issuer proxy solicitation materials for the purpose of nominating individuals to membership on the issuer's board of directors. Prohibits such rules from providing for such use, however, unless the shareholder, or a group of shareholders acting by agreement, has beneficially owned, directly or indirectly, an aggregate of at least 1% of the issuer's voting securities for at least the two-year period preceding the date of the issuer's next scheduled annual meeting.
Requires the SEC to direct the national securities exchanges and national securities associations to prohibit the listing of any security of an issuer that is not in compliance with any specified requirements pertaining to director independence, mandatory annual elections, SEC rules on elections, and mandatory establishment of a risk committee to establish and evaluate the issuer's risk management practices. | {"src": "billsum_train", "title": "A bill to provide shareholders with enhanced authority over the nomination, election, and compensation of public company executives."} | 2,250 | 397 | 0.528792 | 1.655526 | 0.81164 | 4.62426 | 6.251479 | 0.949704 |
SECTION 1. STATE AUTHORITY.
(a) In General.--Subtitle D of the Solid Waste Disposal Act (42
U.S.C. 6941 et seq.) is amended by adding after section 4010 the
following new section:
``SEC. 4011. INTERSTATE TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID
WASTE.
``(a) In General.--The Governor of any State may impose a
limitation or prohibition on the receipt of out-of-State municipal
solid waste by landfills or incinerators in the State. Any affected
local government of a political subdivision in a State may permit
landfills or incinerators in the political subdivision to receive out-
of-State municipal solid waste notwithstanding any such limitation or
prohibition established by the Governor. In the absence of any such
limitation or prohibition imposed by the Governor of a State, any
affected local government of any political subdivision in the State may
impose a limitation or prohibition on the receipt of out-of-State
municipal solid waste by landfills or incinerators in that political
subdivision.
``(b) Waste Not Covered.--Subsection (a) shall not apply to any of
the following kinds of solid waste:
``(1) Any solid waste identified or listed as a hazardous
waste under section 3001.
``(2) Any solid waste, including contaminated soil and
debris, resulting from--
``(A) a response action taken under section 104 or
106 of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9604 or
9606),
``(B) a response action taken under a State law
with authorities comparable to the authorities of
section 104 or 106, or
``(C) a corrective action taken under this Act.
``(3) Recyclable materials that have been separated, at the
source of the waste, from waste otherwise destined for disposal
or that have been managed separately from waste destined for
disposal.
``(4) Materials and products returned from a dispenser or
distributor to the manufacturer or an agent of the manufacturer
for credit, evaluation, and possible reuse.
``(5) Any solid waste that is--
``(A) generated by an industrial facility; and
``(B) transported for the purpose of treatment,
storage, or disposal to a facility that is owned or
operated by the generator of the waste, or is located
on property owned by the generator of a company with
which the generator is affiliated.
``(6) Any medical waste that is segregated from or not
mixed with other solid waste.
``(c) Definitions.--For purposes of this section:
``(1) Affected local government.--For any landfill or
incinerator, the term `affected local government' shall mean
the public body authorized by State law to plan for the
management of municipal solid waste, a majority of the members
of which are elected officials, for the area in which the
landfill or incinerator is located or proposed to be located,
unless there is no such public body. If there is no such body,
such term shall mean the elected officials of the city, town,
township, borough, county, or parish exercising primary
responsibility for the use of land on which the facility is
located or proposed to be located.
``(2) Municipal solid waste.--The term `municipal solid
waste' means all waste materials discarded for disposal by
households, including single and multifamily residences, and
hotels and motels. The term also includes each of the
following:
``(A) Waste materials generated by commercial,
institutional, and industrial sources.
``(B) Debris resulting from construction,
remodeling, repair, or demolition of structures other
than debris that is not otherwise commingled with other
municipal solid waste and has been determined by the
generator, to be contaminated. For purposes of
determining whether any such debris is contaminated,
the generator shall conduct representative sampling and
analysis of such debris, the results of which shall be
submitted to the affected local government for record
keeping purposes only, unless not required by the
affected local government. Any such debris that has
been determined to be contaminated shall be disposed of
in a landfill that meets, at a minimum, the
requirements of this subtitle.
``(3) Out-of-state municipal solid waste.--The term `out-
of-State municipal solid waste', means, with respect to any
State, municipal solid waste generated outside of the State.
The term includes municipal solid waste generated outside of
the United States.
(b) Table of Contents Amendment.--The table of contents of the
Solid Waste Disposal Act (42 U.S.C. prec. 6901) is amended by adding
after the item relating to section 4010 the following new item:
``Sec. 4011. Interstate transportation and disposal of municipal solid
waste.''. | Amends the Solid Waste Disposal Act (SWDA) to authorize State Governors to impose limitations or prohibitions on the receipt of out- of-State municipal solid waste by landfills or incinerators. Permits a political subdivision: (1) notwithstanding such limitation or prohibition, to permit incinerators or landfills located in the subdivision to receive such waste; and (2) in the absence of such a limitation or prohibition, to impose a limitation or prohibition on the receipt of such waste by incinerators or landfills in the subdivision.
Exempts the following from this Act's authorities: (1) solid waste identified as a hazardous waste under the SWDA; (2) solid waste resulting from a response action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) or under a State law comparable to CERCLA or from a corrective action under the SWDA; (3) recyclable materials that have been separated from waste destined for disposal; (4) materials and products returned from a dispenser or distributor to the manufacturer for credit, evaluation, and possible reuse; (5) specified solid waste that is generated by an industrial facility and is transported to a facility affiliated with the generator for purposes of treatment, storage, or disposal; and (6) medical waste that is not mixed with other solid waste. | {"src": "billsum_train", "title": "To amend the Solid Waste Disposal Act to permit States and political subdivisions to control the disposal of out-of-State municipal solid waste within their boundaries."} | 1,073 | 284 | 0.672167 | 1.747663 | 0.966862 | 3.737052 | 3.968127 | 0.932271 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Point Spencer Coast Guard and
Public-Private Sector Infrastructure Development Facilitation and Land
Conveyance Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) BSNC.--The term ``BSNC'' means the Bering Straits
Native Corporation authorized under section 7 of the Alaska
Native Claims Settlement Act (43 U.S.C. 1606) to represent and
manage land and resources from the settlement of aboriginal
claims of indigenous Alaska Natives in the Bering Strait region
of the State, including Inupiat, Yup'ik, and Siberian Yupik
peoples.
(2) Governor.--The term ``Governor'' means Governor of the
State of Alaska.
(3) Point spencer map or map.--The term ``Point Spencer
Map'' or ``Map'' means the map entitled the ``Point Spencer
Land Conveyance Map'' dated April 2014, and on file with the
Department of Homeland Security (the department in which the
Coast Guard is operating) and the Department of the Interior.
(4) Point spencer parcel or parcel.--The term ``Point
Spencer Parcel'' or ``Parcel'' means the approximately 2,648
acres of land at Point Spencer withdrawn by the Public Land
Order. The Point Spencer Parcel is located in Townships 2, 3,
and 4 South, Range 40 West, Kateel River Meridian, Alaska.
(5) Public land order.--The term ``Public Land Order''
means Public Land Order 2650 published in the Federal Register
on April 12, 1962.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the department in which the Coast Guard is operating.
(7) State.--The term ``State'' means the State of Alaska.
(8) Public aircraft.--The term ``Public Aircraft'' means
any aircraft owned by, operated by, or chartered by the United
States, or owned, operated, or chartered by a contractor of the
United States for the performance of a Federal contract on or
from Point Spencer.
SEC. 3. PURPOSES.
The purposes of this Act are:
(1) To designate lands at Point Spencer that are to be--
(A) retained by the Coast Guard;
(B) conveyed to, or leased by, the State of Alaska;
and
(C) conveyed to the BSNC.
(2) To provide for a reasonable, pragmatic, equitable, and
workable way to balance Federal, State, BSNC and other private
sector interests in the decommissioned and vacated former LORAN
station located on the Point Spencer Parcel.
(3) To provide a means for future uses of Point Spencer by
Federal, State, and private sector stakeholders for a variety
of tasks and missions, including, but not limited to, search
and rescue, shipping safety, economic development, oil spill
prevention and response, protection of Alaska Native items of
antiquity, port of refuge, arctic research, maritime law
enforcement on the Bering Sea, the Chukchi Sea, and the Arctic
Ocean, and related uses.
(4) To require the development of a Joint Management Plan
for the lands retained, conveyed, or leased under this Act by
the Coast Guard, the State, and the BSNC.
SEC. 4. RETENTION AND CONVEYANCE OF LAND.
(a) Land for Use by the Coast Guard.--
(1) In general.--Notwithstanding any other provision of law
and subject to valid existing rights, tracts 1, 3, and 4, as
depicted on the Map, shall remain withdrawn pursuant to the
Public Land Order for use by and under the jurisdiction of the
Coast Guard unless and until the Secretary determines that--
(A) except as provided in paragraph (2), the Coast
Guard no longer needs to retain jurisdiction over any
portion of tract 1, 3, or 4; and
(B) all land from tract 1, 3, or 4 as identified in
subparagraph (A) has been remediated to meet the
standards for industrial land developed by the Alaska
Department of Environmental Conservation.
(2) Potential conveyance to bsnc and lease back to the
coast guard.--
(A) The Secretary shall notify the Secretary of the
Interior of any determination made under paragraph (1).
(B) Upon notification under subparagraph (A), the
Secretary of the Interior shall then convey lands for
which a determination has been made under paragraph (1)
to the BSNC.
(C) Lands conveyed to the BSNC under subparagraph
(B), upon a request of the Secretary, shall be leased
to the Coast Guard at no cost under existing law and
shall be charged against the remaining entitlement of
the BSNC under section 14(h)(8) of the Alaska Native
Claims Settlement Act (43 U.S.C. 1613(h)(8)) as set
forth in section 4(d)(1)(B).
(3) Airstrip rights.--Notwithstanding paragraph (2), the
Secretary shall retain an easement over all existing and future
airstrips, runways, and taxiways, located on tract 2
authorizing the use of such airstrips, runways and taxiways by
Public Aircraft at no cost.
(b) Conveyance or Lease to the State of Tract 2 and Tract 6.--
(1) In general.--
(A) The State may choose to receive conveyance of
the surface and subsurface estates of tract 2 and tract
6, or, in lieu of a conveyance of such lands, may lease
tract 2 and tract 6 at no cost from the BSNC after
conveyance of tract 2 and tract 6 to the BSNC by the
Secretary of the Interior.
(B) The State shall notify the Secretary of the
Interior of its choice made under subparagraph (A) in
writing. Such notification by the State shall be deemed
to constitute relinquishment of the State's selection
of lands in tract 2 and tract 6 and agreement that the
Secretary of the Interior shall convey such land to the
BSNC.
(C) Notwithstanding any other provision of law, and
subject to valid existing rights, upon completion of
all applicable conditions required under subsection
(d), and if the State chooses to receive conveyance of
tract 2 and tract 6 under subparagraph (A), the
Secretary of the Interior shall convey to the State all
right, title, and interest of the United States in and
to the surface and subsurface estates of tract 2 and
tract 6, as depicted on the Point Spencer Map. The
conveyance of such estates comprising tract 2 and tract
6 shall be charged against the State's entitlement
under the Statehood Act (the Alaska Statehood Act of
July 7, 1958 (Public Law 85-508; 72 Stat. 339, as
amended)).
(D) If the State chooses under subparagraph (A) to
lease lands in tract 2 and tract 6, such lands shall be
conveyed by the Secretary of the Interior under the
Alaska Native Claims Settlement Act to the BSNC. The
BSNC shall then lease such lands to the State at no
cost to the State.
(E) The BSNC shall have the right to use all
existing and future airstrips, runways or and taxiways
located on tract 2 for access to and from the Parcel,
provided, however, that the State may charge the BSNC
and other private sector entities that use such
airstrips usual and customary landing fees or related
services for similar locations elsewhere in Alaska to
help defray maintenance and administrative costs
associated with the operation of the airstrip.
(2) Right-of-way to and from airstrip.--
(A) In general.--Notwithstanding any conveyance
made under this Act, if requested by the State, the
Secretary of the Interior shall provide to the State
over the lands to be conveyed to the BSNC and those
retained by the Coast Guard, a right-of-way at no cost
for a road from the airstrip in tract 2, as depicted on
the Point Spencer Map, to the southern tip of the
Parcel.
(B) Location.--If the State determines to exercise
its right to the right-of-way in subparagraph (A), the
location of such right-of-way shall be determined by
the State, in consultation with the Coast Guard and the
BSNC so that the road will be compatible with other
existing or planned infrastructure development on Point
Spencer in accordance with the Joint Management Plan.
(c) Conveyance to the BSNC of Tract 5.--
(1) In general.--Notwithstanding any other provision of
law, and subject to valid existing rights and the provisions of
paragraph (2), upon completion of all applicable conditions
precedent required under subsection (d), and certification that
any necessary clean-up and remediation of tract 5 has been
completed to the standards set out in subsection (e)(2), or
that the BSNC has indicated by a resolution of its Board of
Directors submitted to the Secretary of the Interior before
conveyance that it is willing to accept tract 5 as is at the
time of such conveyance, the Secretary of the Interior shall
convey to the BSNC all right, title, and interest of the United
States in and to the surface and subsurface estates of tract 5,
as depicted on the Point Spencer Map. The conveyance of tract 5
to the BSNC shall reserve to the United States the provisions
set out in paragraph (4).
(2) Airspace easement.--The State, Coast Guard, and the
BSNC shall negotiate an airspace easement bordering the
airstrip over land retained by the Coast Guard and over land
conveyed to the BSNC as reasonable and necessary for safety and
air operations. The State, Coast Guard, and the BSNC shall
notify the Secretary of the Interior upon completion of such
negotiations regarding the land in tract 2 and tract 5 that
shall be subject to the airspace easement.
(3) Public access easement.--No public access easements
shall be reserved to the United States under section 17(b) of
the Alaska Native Claims Settlement Act (43 U.S.C. 1616(b))
with respect to the land conveyed under paragraph (1) or
subsequent conveyances under section 4(a)(1) (A) and (B).
(4) Archaeological and cultural resources.--
(A) In general.--Except as provided in subparagraph
(B), with respect to any archaeological resources
contained in the land conveyed under paragraph (1)
(tract 5), the United States shall retain, until
otherwise notified under subparagraph (B), the
authority and responsibility to enforce--
(i) the Archaeological Resources Protection
Act of 1979 (16 U.S.C. 470aa et seq.);
(ii) the National Historic Preservation Act
(16 U.S.C. 470 et seq.); and
(iii) the Native American Graves Protection
and Repatriation Act (25 U.S.C. 3001 et seq.).
(B) Notification.--
(i) In general.--Not later than 270 days
after the date of the enactment of this Act,
the BSNC shall submit to the Secretary of the
Interior a map that indicates the areas of
tract 5 over which the Secretary of the
Interior shall continue to retain the authority
to enforce the Acts listed in subparagraph (A).
(ii) Enforcement after notification.--On
receipt of the map described in clause (i)--
(I) the Secretary of the Interior
shall cease enforcing any of the Acts
listed in subparagraph (A) on land
located in tract 5 but outside of the
areas described in subparagraph (B)(i);
and
(II) any future enforcement outside
of the areas described in subparagraph
(B)(i) shall be conducted in accordance
with the Acts listed in subparagraph
(A).
(d) Conditions Precedent to Conveyance.--
(1) Bering straits native corporation.--Not later than 120
days after the date of enactment of this Act, with respect to
any land leased under subsection (a)(2), (b) or conveyed under
subsection (c) to BSNC, BSNC shall provide to the Secretary of
the Interior, acting through the Alaska State Director of the
Bureau of Land Management, a corporate resolution adopted by
the Board of Directors of the BSNC--
(A) accepting the conveyance of any portions of
tract 1, 2, 3, 4, 5, or 6, as depicted on the Point
Spencer Map, under this section;
(B) agreeing that the conveyances made pursuant to
this Act will be charged against the remaining
entitlement of the BSNC under section 14(h)(8) of the
Alaska Native Claims Settlement Act (43 U.S.C.
1613(h)(8)) for a total of 2,320 acres, including any
portion of tract 1, 2, 3, 4, or 6, as depicted on the
Map, irrespective of the date of conveyance; and
(C) waiving the survey requirement of section 13 of
the Alaska Native Claims Settlement Act (43 U.S.C.
1612), as to the land conveyed to the BSNC under
subsection (c) or otherwise pursuant to this Act.
(2) State.--Not later than 120 days after the date of the
enactment of this Act and as a condition precedent to any land
conveyed under this section, the Governor shall submit to the
Secretary of the Interior, acting through the Alaska State
Director of the Bureau of Land Management, a statement--
(A) accepting the option for conveyance of tract 2
and tract 6 as depicted on the Map or choosing to lease
tract 2 and tract 6 pursuant to subsection (b)(1) of
this section;
(B) relinquishing selection applications F-44467
and F-89393 as to those lands to be conveyed to BSNC
acknowledging that such relinquishment shall become
effective upon conveyance of any or all of tracts 1
through 6 irrespective of the dates of such
conveyances;
(C) agreeing that if the conveyance option to the
State under subsection (b) is chosen, such conveyance
will be charged against the remaining entitlement of
the State under section 6(b) of the Act of July 7, 1958
(commonly known as the ``Alaska Statehood Act'' (Public
Law 85-508; 72 Stat. 339, as amended)), for a total of
180 acres; and
(D) waiving the survey requirement of section 6(g)
of that Act as to the land conveyed under subsection
(b).
(e) Administrative.--
(1) In general.--On the dates on which the conveyances
under this section are complete--
(A) the portion of the Parcel conveyed to the BSNC
shall be charged against the remaining entitlement of
the BSNC under section 14(h)(8) of the Alaska Native
Claims Settlement Act (43 U.S.C. 1613(h)(8)) and be
considered a conveyance under that Act; and
(B) the portion of the Parcel conveyed to the State
shall be charged against the remaining entitlement of
the State under section 6(b) of the Act of July 7, 1958
(commonly known as the ``Alaska Statehood Act'' (Public
Law 85-508; 72 Stat. 339, as amended)), and be
considered a conveyance under that Act.
(2) Clean-up and remediation.--To the extent cleanup and
remediation of hazardous materials on any tract of the Point
Spencer Parcel is required by law, and notwithstanding any
other provision of law--
(A) clean-up and remediation shall be performed in
accordance with the State of Alaska Department of
Environmental Conservation standards for land used for
industrial purposes; and
(B) notwithstanding subparagraph (A), any known
contamination that does not pose any immediate or long-
term health risk shall be routinely monitored through
institutional controls.
(3) Tidelands and submerged lands.--
(A) Ownership of the tidelands and submerged lands
adjacent to Point Spencer were presumptively conveyed
to the State of Alaska as provided by the Submerged
Lands Act of 1953, as amended, and made applicable to
the State of Alaska under section 6(m) of the Alaska
Statehood Act, 72 Stat. 343 (1958).
(B) The Secretary is authorized to exercise the
dominant Federal Navigational Servitude to install
temporary or permanent structures at no cost in or on
the tidelands and submerged lands of Point Spencer,
including, but not limited to, mooring buoy sinkers,
temporary or permanent piers, docks, or wharves.
(C) Nothing in this Act alters the existing
ownership by the State of tidelands and submerged lands
under existing State of Alaska and Federal law.
(4) Joint management plan.--
(A) The Secretary, the State, and the BSNC shall
develop a Joint Management Plan for the use and
management of the lands retained, conveyed or leased
under this Act.
(B) The Joint Management Plan shall be updated
annually for the first 5 years and biennially
thereafter. | Point Spencer Coast Guard and Public-Private Sector Infrastructure Development Facilitation and Land Conveyance Act - Designates certain land at Point Spencer in Alaska (a parcel of land on which a decommissioned long range radio navigation station was located) to be: (1) retained by the Coast Guard; (2) conveyed to, or leased by, the state of Alaska; and (3) conveyed to the Bering Straits Native Corporation (BSNC) (a corporation authorized to represent and manage land and resources from the settlement of aboriginal claims of indigenous Alaska Natives in the Bering Strait region). Requires the Secretary of the department in which the Coast Guard is operating to retain an easement authorizing public aircraft to use all existing and future airstrips, runways, and taxiways on a specified tract of such land at no cost. Defines "public aircraft" as any aircraft owned by, operated by, or chartered by the United States or by a contractor of the United States for the performance of a federal contract on or from Point Spencer. Sets forth requirements concerning: (1) conveyed lands that are leased back to the Coast Guard upon the Secretary's request, (2) airspace easements, and (3) rights-of-way on roads to and from airstrips. Requires the United States to retain the authority to enforce archaeological and historic preservation laws on certain land. Directs the Secretary, the state of Alaska, and the BSNC to develop a joint management plan for the use and management of the lands retained, conveyed, or leased under this Act. | {"src": "billsum_train", "title": "Point Spencer Coast Guard and Public-Private Sector Infrastructure Development Facilitation and Land Conveyance Act"} | 3,762 | 349 | 0.716586 | 2.330355 | 0.827368 | 4.868687 | 11.407407 | 0.929293 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Electronic Medication and
Safety Protection (E-MEDS) Act of 2007''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Patient safety is an important issue and a priority
among patients, providers, insurers, businesses, and government
entities alike.
(2) Adverse drug events are defined by the Institute of
Medicine as ``any injury due to medication''.
(3) According to the Institute of Medicine, more then 1.5
million preventable adverse drug events occur every year in the
United States.
(4) Studies indicate that at least 530,000 preventable
adverse drug events occur each year among the Medicare
population, and cost the Federal Government upwards of
$887,000,000, or $1,983 per person.
(5) Electronic prescription drug programs, or e-
prescribing, provide for the electronic transmittal of
prescription information from the prescribing health care
provider to the dispensing pharmacy and pharmacist.
(6) Electronic prescribing provides formulary and coverage
information before a prescription is written to better inform
the patient and prescriber of lower cost options, including
generics.
(7) E-prescribing can help to eliminate medical errors,
injuries, hospitalizations, and even death that can result from
illegible prescriptions and bad drug interactions, in addition
to reducing patient medication non-adherence.
(8) The Institute of Medicine recommends that all
physicians create a plan to implement and use e-prescribing
technology by 2010.
SEC. 3. INCENTIVES FOR USE OF E-PRESCRIBING UNDER MEDICARE.
(a) Bonus Payments.--Section 1833 of the Social Security Act (42
U.S.C. 1395l) is amended by adding at the end the following new
subsection:
``(v) Incentive Payments for Physician Use of E-Prescribing.--
``(1) One-time bonus for start-up costs.--
``(A) In general.--If the Secretary determines,
based upon coding in claims submitted under this part
over a duration specified by the Secretary, that a
physician meets a threshold volume or proportion (as
specified by the Secretary) of claims for physicians'
services for individuals enrolled under this part
that--
``(i) are classified (under section 1848)
as evaluation and management services;
``(ii) include the making of a prescription
that could under law be made using the
electronic prescription drug program; and
``(iii) use the electronic prescription
drug program for such prescription,
the Secretary shall make a payment to the physician, in
addition to any other payment under this part, of the
amount specified in subparagraph (B). Not more than one
payment may be made under this subsection with respect
to any physician.
``(B) Amount.--The payment amount under
subparagraph (A) shall be, in the case of a physician
that meets the conditions of subparagraph (A) for a
period that begins during--
``(i) 2008 or 2009, $2,000;
``(ii) 2010 or 2011, $1,500; or
``(iii) 2012 or a subsequent year, $1,000.
``(2) On-going bonus for use of e-prescribing.--
``(A) In general.--If the Secretary determines,
based upon coding in claims submitted under this part
over a period specified by the Secretary, that a
physician uses the electronic prescription drug program
for prescribing at least a threshold volume or
proportion (as specified by the Secretary) of claims
for physicians' services for individuals enrolled under
this part, in addition to the amount of payment that
would otherwise be made under this part for physicians'
services by the physician that are classified as
evaluation and management services under section 1848,
there also shall be paid to the physician an amount
equal to 1 percent of the allowed charges for such
services. In applying the previous sentence, there
shall not be taken into account claims for
prescriptions written for controlled substances which
may not under law be prescribed using the electronic
prescription drug program.
``(B) Application to physician shortage bonuses.--
The additional payment under this paragraph shall be
taken into account in applying subsections (m) and (u).
``(3) Auditing.--Provisions applicable to the auditing of
claims for payment and enforcement of false claims under this
part shall apply to claims for payment under this subsection.
``(4) Electronic prescription drug program defined.--In
this subsection, the term `electronic prescription drug
program' means the program established under section 1860D-
4(e).''.
(b) Adjustment in Fee Schedule for Failure To Use E-Prescribing.--
Section 1848(a) of such Act (42 U.S.C. 1395w-8(a)) is amended by adding
at the end the following new paragraph:
``(5) Requirement for use of e-prescribing.--
``(A) In general.--Subject to subparagraph (B),
effective for physicians' services furnished on or
after January 1, 2011, in the case of such services--
``(i) that are classified as evaluation and
management services under this section; and
``(ii) in connection with which there was
one or more prescriptions made that could have
been made, but were not all made, under the
electronic prescription drug program,
the fee schedule amount otherwise applicable under this
section shall be reduced by 10 percent.
``(B) Waiver.--The Secretary may waive the
application of subparagraph (A) until January 1, 2012,
or January 1, 2013, as specified by the Secretary, in
cases of demonstrated hardship or unforeseen
circumstances specified by the Secretary.''.
SEC. 4. REPORTS ON E-PRESCRIBING.
(a) CMS Report.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, the Administrator of the Centers for
Medicare & Medicaid Services shall submit to Congress a report
on progress on implementing e-prescribing under the Medicare
electronic prescription drug program under section 1860D-4(e)
of the Social Security Act (42 U.S.C. 1395w-104(e)).
(2) Items included.--Such report shall include information
on--
(A) the percentage of Medicare physicians that
utilize the electronic prescription drug program;
(B) the estimated savings resulting from the use of
e-prescribing; and
(C) progress on reducing avoidable medical errors
resulting from the use of e-prescribing.
(b) GAO Report.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report on the impact
of implementation of such program on physicians.
(2) Items included.--Such report shall include information
on--
(A) factors influencing the adopting of e-
prescribing by physicians; and
(B) the impact of this Act on physicians practicing
in individual or small group practices and on
physicians practicing in rural areas. | Medicare Electronic Medication and Safety Protection (E-MEDS) Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to require the Secretary of Health and Human Services to: (1) make incentive payments for physician use of an electronic prescription drug program (E-prescribing); and (2) reduce by 10% the fee schedule amount for failure to use E-prescribing.
Directs the Administrator of the Centers for Medicare & Medicaid Services to report to Congress on progress on implementing E-prescribing under the Medicare electronic prescription drug program. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to require physician utilization of the Medicare electronic prescription drug program."} | 1,579 | 125 | 0.52859 | 1.325616 | 0.57259 | 4.348624 | 13.174312 | 0.93578 |
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