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SECTION 1. SHORT TITLE.
This Act may be cited as the ``NATO Revitalization Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) for over 40 years, the North Atlantic Treaty
Organization has helped guarantee the security, freedom, and
prosperity of the United States and our partners in the
alliance;
(2) the North Atlantic Treaty Organization has expanded its
membership on 3 different occasions since its founding in 1949;
(3) the steadfast and sustained commitment of the member
countries of the North Atlantic Treaty Organization to mutual
defense against the threat of communist domination played a
significant role in precipitating the collapse of the Iron
Curtain and the demise of the Soviet Union;
(4) in the place of that threat, new security threats are
emerging to the shared interests of the member countries of the
North Atlantic Treaty Organization;
(5) although these new threats are more geographically and
functionally diverse and less predictable, they still imperil
shared interests of the United States and our North Atlantic
Treaty Organization allies;
(6) Western interests must be protected on a cooperative
basis without an undue burden falling upon the United States;
(7) the North Atlantic Treaty Organization is the only
multilateral organization that is capable of conducting
effective military operations to protect Western interests;
(8) the valuable experience gained from ongoing military
cooperation within the North Atlantic Treaty Organization was
critical to the success of joint military operations in the
1991 liberation of Kuwait;
(9) the North Atlantic Treaty Organization is an important
diplomatic forum for discussion of issues of concern to its
member states and for the peaceful resolution of disputes;
(10) admission of Central and East European countries that
have recently been freed from Communist domination to the North
Atlantic Treaty Organization could contribute to international
peace and enhance the security of those countries;
(11) a number of countries, including the Visegrad
countries (the Czech Republic, Hungary, Poland, and Slovakia)
and the Baltic states (Estonia, Latvia, and Lithuania), have
expressed interest in North Atlantic Treaty Organization
membership; and
(12) in recognition of this interest, the ``Partnership for
Peace'' proposal offers limited military cooperation to many
European countries not currently members of the North Atlantic
Treaty Organization, without establishing benchmarks or
guidelines for eventual North Atlantic Treaty Organization
membership.
SEC. 3. UNITED STATES POLICY.
It should be the policy of the United States--
(1) to continue our commitment to and active leadership
role in the North Atlantic Treaty Organization;
(2) to join with our North Atlantic Treaty Organization
allies to redefine the role of the alliance in the post-Cold
War world, taking into account--
(A) the fundamentally changed security environment
of Central and Eastern Europe,
(B) the need to assure all countries of the
defensive nature of the alliance and the desire of its
members to work cooperatively with all former
adversaries,
(C) the emerging security threats posed by the
proliferation of nuclear, chemical, and biological
weapons of mass destruction and the means to deliver
them,
(D) the continuing challenges to the interests of
all North Atlantic Treaty Organization member countries
posed by unstable and undemocratic regimes harboring
hostile intentions, and
(E) the dependence of the global economy on a
stable energy supply and the free flow of commerce;
(3) to urge the North Atlantic Treaty Organization to
support the eventual expansion of alliance membership to
European countries that meet appropriate standards, including--
(A) shared values and interests,
(B) democratic governments,
(C) free market economies,
(D) civilian control of the military,
(E) adherence to the values, principles, and
political commitments embodied in the Helsinki Final
Act of the Conference on Security and Cooperation in
Europe, and
(F) commitment to further the principles of the
North Atlantic Treaty Organization and to contribute to
the security of the North Atlantic area;
(4) to urge the North Atlantic Treaty Organization--
(A) to extend membership to countries that meet the
standards set forth by the North Atlantic Treaty
Organization, and
(B) to establish benchmarks and a timetable for
eventual membership for selected countries in
transition; and
(5) to affirm that North Atlantic Treaty Organization
military planning should include joint military operations
beyond the geographic bounds of the alliance under Article 4 of
the North Atlantic Treaty when the shared interests of the
United States and other member countries require such action to
defend vital interests. | NATO Revitalization Act - Declares that it should be U.S. policy to: (1) continue the commitment to and an active leadership role in the North Atlantic Treaty Organization (NATO); (2) join with NATO allies to redefine the role of the alliance in the post-Cold War world, taking into account specified factors; (3) urge NATO to extend membership to European countries that meet appropriate standards and establish benchmarks and a timetable for eventual membership for selected countries in transition; and (4) affirm that NATO military planning should include joint military operations beyond the geographic bounds of the alliance under the North Atlantic Treaty when the shared interests of the United States and other member countries require such action to defend vital interests. | {"src": "billsum_train", "title": "NATO Revitalization Act"} | 921 | 149 | 0.577687 | 1.605569 | 0.687674 | 5.652482 | 6.687943 | 0.943262 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Seniors Financial Security Act of
2007''.
SEC. 2. REPEAL OF INCLUSION IN GROSS INCOME OF SOCIAL SECURITY BENEFITS
AND TIER 1 RAILROAD RETIREMENT BENEFITS.
(a) In General.--Section 86 of the Internal Revenue Code of 1986
(relating to taxation of social security and tier 1 railroad retirement
benefits) is hereby repealed.
(b) Technical and Conforming Amendments.--
(1) Subparagraph (B) of section 22(c)(3) of such Code
(relating to treatment of certain workmen's compensation
benefits) is amended by striking ``any amount treated as a
social security benefit under section 86(d)(3)'' and inserting
``if, by reason of section 224 of the Social Security Act (or
by reason of section 3(a)(1) of the Railroad Retirement Act of
1974), any benefit otherwise payable under title II of the
Social Security Act or the Railroad Retirement Act of 1974 is
reduced by reason of the receipt of a benefit under a workmen's
compensation act, the portion of such benefit received under
the workmen's compensation act which equals such reduction''.
(2) Paragraph (3) of section 72(r) of such Code (defining
tier 1 railroad retirement benefit) is amended by striking
``has the meaning given such term by section 86(d)(4)'' and
inserting ``means--
``(A) the amount of the annuity under the Railroad
Retirement Act of 1974 equal to the amount of the
benefit to which the taxpayer would have been entitled
under the Social Security Act if all of the service
after December 31, 1936, of the employee (on whose
employment record the annuity is being paid) had been
included in the term `employment' as defined in the
Social Security Act, and
``(B) a monthly annuity amount under section
3(f)(3) of the Railroad Retirement Act of 1974.''.
(3) Sections 135(c)(4)(B), 137(b)(3)(B), 199(d)(2)(A),
221(b)(2)(C)(ii), and 222(b)(2)(C)(ii) of such Code are each
amended by striking ``86,''.
(4) Clause (i) of section 219(g)(3)(A) of such Code is
amended by striking ``sections 86 and 469'' and inserting
``section 469''.
(5) Subparagraph (F) of section 469(i)(3) of such Code is
amended by striking clause (i) and by redesignating clauses
(ii), (iii), and (iv) as clauses (i), (ii), and (iii),
respectively.
(6) Paragraph (8) of section 861(a) of such Code (treating
social security benefits as United States sourced) is hereby
repealed.
(7) Paragraph (3) of section 871(a) of such Code (relating
to taxation of social security benefits by nonresident aliens)
is hereby repealed.
(8) Subsection (g) of section 1441 of such Code (relating
to withholding of tax on nonresident aliens) is hereby
repealed.
(9) Subparagraph (C) of section 3402(p)(1) of such Code is
amended by striking clause (i) and by redesignating clauses
(ii), (iii), and (iv) as clauses (i), (ii), and (iii),
respectively.
(10) Paragraph (4) of section 6015(d) of such Code is
amended by striking the last sentence.
(11) Section 6050F of such Code (relating to returns
relating to social security benefits) is hereby repealed.
(12) Paragraph (1) of section 6050G(a) of such Code
(relating to returns relating to certain railroad retirement
benefits) is amended by striking ``section 86(d)(4)'' and
inserting ``section 72(r)(3)''.
(13)(A) Section 6103(h) of such Code (relating to
disclosure) is amended by striking paragraph (5) and by
redesignating paragraph (6) as paragraph (5).
(B) Paragraph (4) of section 6103(p) of such Code is
amended by striking ``(h)(5),'' each place it appears.
(C) Subsection (k) of section 1113 of the Right to
Financial Privacy Act of 1978 is hereby repealed.
(14) The table of sections for part II of subchapter B of
chapter 1 of such Code is amended by striking the item relating
to section 86.
(15) The table of sections for subpart B of part III of
subchapter A of chapter 61 of such Code is amended by striking
the item relating to section 6050F.
(c) Effective Date.--The amendments made by this section shall
apply to benefits received after December 31, 2006, in taxable years
ending after such date.
(d) Trust Funds Held Harmless.--There are hereby appropriated (out
of any money in the Treasury not otherwise appropriated) for each
fiscal year to each fund under the Social Security Act or the Railroad
Retirement Act of 1974 an amount equal to the reduction in the
transfers to such fund for such fiscal year by reason of the amendments
made by this section. | Seniors Financial Security Act of 2007 - Amends the Internal Revenue Code to repeal the inclusion in gross income for income tax purposes of social security and tier 1 railroad retirement benefits. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to repeal the inclusion in gross income of Social Security benefits and tier 1 railroad retirement benefits."} | 1,211 | 39 | 0.470471 | 1.043248 | 0.69539 | 4 | 31.484848 | 0.909091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Responsible Arctic Energy
Development Act of 2010''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Alaska is the only Arctic State in the United States;
(2) Alaska contributes 17 percent of the oil production of
the United States, and the Arctic region of the State of Alaska
is believed to hold considerable reserves of oil and natural
gas needed for the future energy security of the United States;
(3) the marine mammals and other fish and wildlife
resources of the Arctic are--
(A) critical to meet the subsistence needs of
indigenous residents of Alaska;
(B) a source of significant nonconsumptive use and
nonuse value to the United States; and
(C) vulnerable to the impacts of oil and gas
exploration and production;
(4) the Arctic and the natural resources of the Arctic are
particularly vulnerable to the impacts of oil spills due to the
uniqueness of and limited access to the region, including--
(A) remote location that makes oil spill emergency
response capabilities slower and more difficult;
(B) cold temperatures and ice cover that slow the
natural degradation and dissipation of spilled oil; and
(C) increased susceptibility of Arctic wildlife
that are highly dependent on insulation, which would be
greatly decreased by oil cover;
(5) Alaska lacks the essential geospatial framework for
safe navigation, accident prevention, and oil spill response
capabilities that are available to the rest of the United
States;
(6) existing Federal research and science advisory programs
focused on the environmental and socioeconomic impacts of oil
and gas development in the Arctic would benefit from--
(A) a more cohesive, coordinated, and integrated
approach; and
(B) better coordination with State, local, and
private-sector Arctic research programs; and
(7) oil spill from the mobile offshore drilling unit
Deepwater Horizon in the Gulf of Mexico has highlighted the
need for stronger oil spill prevention and response research
and planning for future development on the outer Continental
Shelf of the United States.
SEC. 3. RESEARCH AND ACTION TO CONDUCT OIL SPILL PREVENTION.
(a) In General.--The Secretary of Commerce, acting through the
Administrator of the National Oceanic and Atmospheric Administration
and in collaboration with the heads of other agencies or departments of
the United States with appropriate Arctic science expertise, shall
direct research and take action to improve the ability of the United
States to conduct oil spill prevention, response, and recovery in
Arctic waters.
(b) Inclusions.--Research and action under this section shall
include the prioritization of resources--
(1) to address--
(A) ecological baselines and environmental
sensitivity indexes;
(B) identification of ecological important areas,
critical habitats, and migratory behaviors;
(C) the development of oil spill trajectory models
in Arctic marine conditions;
(D) the collection of observational data essential
for response strategies in the event of an oil spill
during both open water and ice-covered seasons,
including data relating to oil spill trajectory models
that include data on--
(i) currents;
(ii) winds;
(iii) weather;
(iv) waves; and
(v) ice forecasting;
(E) the development of a robust operational
monitoring program during the open water and ice-
covered seasons;
(F) improvements in technologies and understanding
of cold water oil recovery and restoration; and
(G) the integration of local and traditional
knowledge into oil recovery research studies; and
(2) to establish a robust geospatial framework for safe
navigation and oil spill response through increased--
(A) hydrographic and bathymetric surveying,
mapping, and navigational charting;
(B) geodetic positioning; and
(C) monitoring of tides, sea levels, and currents
in the Arctic.
SEC. 4. ARCTIC OIL AND GAS DEVELOPMENT.
(a) In General.--Title VI of the Oil Pollution Act of 1990 is
amended by inserting after section 6002 (33 U.S.C. 2752) the following:
``SEC. 6003. ARCTIC OIL AND GAS DEVELOPMENT.
``The Administrator of the National Oceanic and Atmospheric
Administration and the Commandant of the Coast Guard, in consultation
with the Secretary of the Department of Interior when applicable, shall
use amounts made available under the Responsible Arctic Energy
Development Act of 2010 to carry out research and related activities in
advance of energy exploration and production and related activities in
the Arctic, including--
``(1) research into oil spill prevention and response in
varying Arctic ice conditions (including pack ice, broken ice,
and landfast ice);
``(2) establishment of oil spill response capabilities in
the Arctic, including oiled wildlife response capabilities;
``(3) research into the effectiveness of oil spill response
strategies, such as--
``(A) the use and application of dispersants
(including research on toxicity of dispersants) in
Arctic conditions;
``(B) the impacts of dispersed oil in the water
column and benthic habitats and sediments;
``(C) the black carbon impacts of in-situ burning;
``(D) the effects of mechanical oil removal methods
on benthic habitats;
``(E) the impacts of spill response strategies on
the Arctic food web;
``(F) identification of options for restoration of
natural resources in the event of an Arctic oil spill,
including development of oiled wildlife response
strategies for large mammals;
``(G) scientific assessment of and research into
effects of oil on biota that depend on ice habitats;
``(H) the locating and tracking of oil on the
surface and in the water column, under Arctic
conditions, using acoustic and remote sensing
technology; and
``(I) the weathering and persistence of spilled oil
in the Arctic environment;
``(4) a comprehensive scientific gap analysis to determine
future research and ocean observation needs for the safe and
responsible development of Arctic energy;
``(5) scientific assessment of and research into Arctic
species, such as whales, ice seals, walrus, polar bears, and
fishery resources, including the economic and social importance
of those resources and the documentation of local and
traditional knowledge about those species;
``(6) monitoring and research authorized under existing
Alaska Native organization marine mammal comanagement
agreements;
``(7) Environmental Sensitivity Index or digital database
mapping of the Arctic coast and Bering Strait regions;
``(8) research into Arctic ocean current and wind
trajectories, changing ice pack conditions, and ongoing
monitoring and observing of ocean conditions;
``(9) marine debris research and removal projects and
activities; and
``(10) adherence to data management standards established
by the Integrated Ocean Observing System for ocean data
variables.''.
(b) Conforming Amendment.--The table of contents of the Oil
Pollution Act of 1990 (33 U.S.C. prec. 2701) is amended by striking the
item relating to section 6003 and inserting the following:
``Sec. 6003. Arctic oil and gas development.''.
SEC. 5. ARCTIC MARITIME READINESS AND OIL SPILL PREVENTION.
(a) In General.--The Commandant of the Coast Guard shall assess and
take action to reduce the risk and improve the capability of the United
States to respond to a maritime disaster in the United States Beaufort
and Chukchi Seas.
(b) Matters To Be Addressed.--The assessment and actions referred
to in subsection (a) shall include the prioritization of resources to
address--
(1) oil spill prevention and response capabilities and
infrastructure;
(2) the coordination of contingency plans and agreements
with other agencies and departments of the United States,
industry, and foreign governments to respond to an Arctic oil
spill;
(3) the expansion of search and rescue capabilities,
infrastructure, and logistics, including improvements of the
Search and Rescue Optimal Planning System;
(4) the provisional designation of places of refuge;
(5) the evaluation and enhancement of navigational
infrastructure;
(6) the evaluation and enhancement of vessel monitoring,
tracking, and automated identification systems and navigational
aids and communications infrastructure for safe navigation and
marine accident prevention in the Arctic;
(7) shipping traffic risk assessments for the Bering Strait
and the Chukchi and Beaufort Seas; and
(8) the integration of local and traditional knowledge and
concerns into prevention and response strategies.
SEC. 6. FEDERAL OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM.
(a) Interagency Coordinating Committee on Oil Pollution Research.--
Section 7001 of the Oil Pollution Act of 1990 (33 U.S.C. 2761) is
amended--
(1) in subsection (a), by adding at the end the following:
``(5) Vice chairmen.--
``(A) In general.--There shall be 2 Vice Chairmen
of the Interagency Committee, of whom--
``(i) the Administrator of the National
Oceanic and Atmospheric Administration shall
serve as the Vice Chairman for Marine Science
Research; and
``(ii) the Administrator of the
Environmental Protection Agency shall serve as
the Vice Chairman for Environmental Science
Research.
``(B) Duties.--Each Vice Chairman shall coordinate
Federal oil pollution research carried out by the
agency overseen by the Vice Chairman.
``(6) Functions.--The Interagency Committee shall--
``(A) coordinate Federal oil pollution research,
technology development, and demonstration among the
Federal agencies;
``(B) complete a research assessment on the status
of Federal oil pollution prevention and response
capabilities;
``(C) develop a Federal oil pollution research and
technology plan, pursuant to subsection (b); and
``(D) with regard to Arctic waters--
``(i) prioritize resources to address--
``(I) ecological baselines and
Environmental Sensitivity Indexes;
``(II) identification of
ecologically important areas, critical
habitats, and migratory behaviors;
``(III) improvements in oil
technologies for collecting
observational data essential for safe
navigation and response strategies in
the event of an oil spill in both open
water and ice-covered seasons,
including data relating to--
``(aa) currents;
``(bb) winds;
``(cc) weather;
``(dd) waves;
``(ee) oil spill
monitoring; and
``(ff) ice forecasting;
``(IV) development of a robust
operational monitoring program during
the open water and ice-covered seasons;
``(V) improvements in technologies
and understanding of cold water oil
recovery and restoration; and
``(VI) the integration of local and
traditional knowledge into oil recovery
research studies; and
``(ii) conduct hydrographic and bathymetric
surveys and improve navigational charting of
Arctic waters.''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``Within 180 days
after the date of enactment of this Act'' and inserting
``Not later than January 1, 2010, and biennially
thereafter''; and
(B) in paragraph (2), by striking ``Department of
Transportation'' and inserting ``Department of Homeland
Security''.
SEC. 7. RISK ASSESSMENT.
(a) Requirement for Risk Assessment.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Interagency Coordinating
Committee on Oil Pollution Research shall request the National
Research Council to conduct a risk assessment--
(A) to identify and evaluate spill prevention and
response standards in effect as of that date; and
(B) to develop recommendations that will enhance
safety and lessen the potential adverse environmental
impacts of industrial activities in Arctic waters.
(2) Inclusions.--The assessment under subsection (a) shall
include the recommendations of the National Research Council to
identify a comprehensive suite of measures, based on the best
available technology, designed to prevent and respond to oil
spills in the Arctic.
(b) Submission to Committee, Congress.--The National Research
Council shall concurrently submit the risk assessment described in
subsection (a) to--
(1) the Interagency Coordinating Committee on Oil Pollution
Research;
(2) the Committee on Commerce, Science, and Transportation
of the Senate; and
(3) the Committee on Transportation and Infrastructure of
the House of Representatives.
SEC. 8. EXEMPTION OF OIL POLLUTION RESEARCH AND DEVELOPMENT PROJECTS
FROM ENVIRONMENTAL IMPACT STATEMENT REQUIREMENT.
(a) In General.--Notwithstanding any other provision of law,
testing of oil spill prevention, response, or mitigation technology for
use in Arctic waters shall not constitute a major Federal action for
the purposes of section 102(2)(C) of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332(2)(C)), on the condition that the Secretary
of Homeland Security, the Administrator of the Environmental Protection
Agency, and the Secretary of Commerce unanimously find that--
(1) the testing is necessary to advance that technology;
(2) no reasonable alternative to the testing is available;
and
(3) the testing does not represent a serious threat to the
environment.
(b) Judicial Review.--Any action of Federal officers pursuant to
this section, or any action relating to such an action, shall not be
subject to judicial review.
SEC. 9. PROCUREMENT OF RESPONSE MATERIALS.
(a) In General.--The procurement of an item for the purpose of oil
pollution prevention, mitigation, response, or cleanup, or for the
research, testing, or development of such capacity, shall be
considered, regardless of the origin of the item, to be consistent with
the public interest.
(b) Inapplicability of Certain Provisions.--Any provision of law
that would otherwise prohibit or restrict the procurement of, or the
expenditure of funds for the procurement of, an item under subsection
(a) shall not apply to the procurement of the item.
SEC. 10. WAIVER OF RESTRICTIONS ON WATER TESTING OF OIL SPILL RESPONSE
CAPABILITIES.
Notwithstanding any other provision of law, the Administrator of
the Environmental Protection Agency, in consultation with the
Administrator of the National Oceanic and Atmospheric Administration,
the Secretary of the Interior, and other appropriate Federal, State,
and local authorities, may waive any restriction under this Act, an
amendment made by this Act, or any other provision of law that prevents
or restricts the testing, in the navigable waters or in any other area
under the jurisdiction of the United States, of oil spill response
capabilities of the United States.
SEC. 11. FUNDING FOR RESCUE, REHABILITATION, AND RECOVERY OF MARINE
SPECIES.
Section 5006 of the Oil Pollution Act of 1990 (33 U.S.C. 2736) is
amended by adding at the end the following:
``(e) Rescue, Rehabilitation, and Recovery of Marine Species.--
Amounts in the Fund shall be available to the Administrator of the
National Oceanic and Atmospheric Administration, without further
appropriation or fiscal year limitation, to sustain nationwide rescue,
rehabilitation, and recovery capabilities for marine mammals, marine
birds, and sea turtles injured by oil pollution, in an amount not to
exceed $20,000,000 annually.''.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act and
the amendments made by this Act such sums as are necessary. | Responsible Arctic Energy Development Act of 2010 - Requires the National Oceanic and Atmospheric Administration (NOAA), in collaboration with other federal agencies, to direct research and take action to improve oil spill prevention, response, and recovery in Arctic waters.
Amends the Oil Polllution Act of 1990 to require the NOAA Administrator and the Commandant of the Coast Guard to use amounts made available under this Act for research and related activities in advance of energy exploration and production in the Arctic.
Requires the Coast Guard to assess and take action to reduce the risk of, and improve U.S. response to, a maritime disaster in the Beaufort and Chukchi Seas.
Sets forth additional Interagency Committee Coordinating Committee on Oil Pollution Research functions, including requiring the Committee to request the National Research Council to conduct an oil spill risk assessment and make recommendations that will enhance safety and lessen the potential adverse environmental impacts of industrial activities in Arctic waters. | {"src": "billsum_train", "title": "A bill to direct the Administrator of the National Oceanic and Atmospheric Administration to institute research into the special circumstances associated with oil spill prevention and response in the Arctic waters, including assessment of impacts on Arctic marine mammals and other wildlife, marine debris research and removal, and risk assessment, and for other purposes."} | 3,411 | 206 | 0.56313 | 1.644413 | 0.789536 | 4.126437 | 18.252874 | 0.91954 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Airline Passenger Safety Enhancement
Act of 2001''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The screening of passengers and property at United
States airports is, by law, the responsibility of airlines.
(2) There are more than 18,000 airport security personnel
in the United States who do the screening.
(3) The security personnel are employed by private
companies that perform the screening under contract with the
airlines. The personnel are generally paid at rates that are at
or only slightly above minimum wage. They receive minimal
benefits.
(4) The General Accounting Office has found that the
average employment turnover rate for airport screening
personnel at 19 major United States airports was 125 percent.
The turnover rate in some cases was as high as 416 percent.
(5) Other countries have registered employment turnover
rates for airport screening personnel that are less than 50
percent, including Belgium, which has a turnover rate of four
percent.
(6) In addition to identifying the instability in the
workforce of airport screening personnel, the General
Accounting Office has found that insufficient security
precautions are being taken at airport entrances and
checkpoints where airport employees are screened, including
entrances and checkpoints for ramp areas.
(7) Investigators of the Office of the Inspector General of
the Department of Transportation, in unannounced tests, have
successfully gained access to supposedly secure areas of United
States airports without proper credentials in 68 percent of
those tests, and have then been able to board aircraft
unchallenged 117 times.
(8) The General Accounting Office has determined that
undercover agents have been able to penetrate restricted areas
of United States commercial airports with counterfeit or
otherwise invalid badges or other credentials, giving those
agents the opportunity (if they so intended) to carry weapons,
explosives, chemical or biological agents, or other dangerous
materials into those areas.
SEC. 3. AIRPORT SECURITY STUDY.
(a) Requirement for Study.--The Administrator of the Federal
Aviation Administration shall carry out a comprehensive study to
determine how the performance of security functions at airports in the
United States should be organized and carried out, in cooperation with
air carriers and airport administrators, to secure the safety of
passengers and workers in all areas of airports and into the aircraft
boarded at the airports.
(b) Plan.--The Administrator shall develop a comprehensive plan for
ensuring security at airports in the United States. The Administrator
shall consider the results of the study under subsection (a) in
developing the plan.
(c) Report.--The Administrator shall submit a report on the results
of the study, together with the plan, to Congress. The report shall
include any recommendations for legislation that the Administrator
considers necessary to achieve the objective stated in subsection (a).
(d) Time for Completion.--The Administrator shall complete the
study under subsection (a) and the development of the plan under
subsection (b), and shall submit the report under subsection (c), not
later than 30 days after the date of the enactment of this Act.
SEC. 4. SCREENING OF AIR PASSENGERS AND PROPERTY BY FAA.
(a) Requirement.--Section 44901 of title 49, United States Code, is
amended--
(1) in the second sentence of subsection (a)--
(A) by inserting after ``used or operated by'' the
following: ``an employee of the United States pursuant
to subsection (d) (or by''; and
(B) by inserting before the period at the end the
following: ``before subsection (d) is fully
implemented)''; and
(2) by adding at the end the following:
``(d) Screening To Be Conducted by Federal Employees.--The
screening of passengers and property under subsection (a) shall be
carried out by employees of the Federal Aviation Administration or
other employees of the United States. The Administrator may expand and
prioritize the undertaking of screening responsibilities with respect
to an airport based on the Administrator's assessment of the security
threat to the airport.''.
(b) Transition.--(1) The Administrator of the Federal Aviation
Administration shall complete the full implementation of subsection (d)
of section 44901 of title 49, United States Code (as added by
subsection (a)), as soon as is practicable. The Administrator may make
or continue such arrangements for the screening of passengers and
property under that section as the Administrator determines necessary
pending full implementation of subsection (d) of such section.
(2) The Administrator shall promptly direct the operators of
airports in the United States to make immediate arrangements for armed,
uniformed law enforcement personnel to be stationed at passenger and
property screening points in the airports to monitor the performance of
screening at those points and to be stationed at airport employee
security checkpoints in the airports. The Administrator shall require
that the arrangements be maintained until full implementation of the
plan developed under section 3(b).
(c) Other Security Personnel.--(1) Subchapter II of chapter 449 of
title 49, United States Code, is amended by adding at the end the
following:
``Sec. 44939. Airport security personnel
``(a) Responsibilities of Federal Personnel.--At airports in the
United States, employees of the United States shall perform all
functions that relate to the security of passengers and airport
personnel under the direction of the Administrator of the Federal
Aviation Administration.
``(b) Source of Personnel.--In carrying out the responsibilities
under subsection (a), the Administrator may--
``(1) employ security personnel within the Federal Aviation
Administration;
``(2) use security personnel detailed by other agencies of
the United States; and
``(3) in cooperation with the Secretary of Transportation,
establish any organization, including any Government
corporation or Government controlled corporation (as defined in
section 103 of title 5), that the Administrator determines
appropriate and effective for employing and providing the
security personnel for airports in the United States.''.
(2) The analysis for subchapter II of chapter 449 of title 49,
United States Code, is amended by adding at the end the following new
item:
``44939. Airport security personnel.''.
(d) Funding.--Section 45301 of title 49, United States Code, is
amended--
(1) by adding at the end of subsection (a) the following
new paragraphs:
``(3) Passenger and property screening under section 44901
of this title and other airport security services.''; and
(2) by adding at the end of subsection (b) the following
new paragraph:
``(3) Fee for security operations.--The fee imposed under
subsection (a)(3) may not exceed $1.00 per domestic flight
segment. Amounts collected under subsection (a)(3) are hereby
made available for obligation and expenditure to carry out
sections 44901 and 44939 of this title.''.
SEC. 5. SMALL- AND MEDIUM-SIZE AIRPORTS.
The Administrator of the Federal Aviation Administration shall
develop a plan to provide small- to medium-size airports with technical
support to enhance security operations, including screening operations,
and to provide such airports with financial assistance to defray the
costs of security enhancements. | Airline Passenger Safety Enhancement Act of 2001 - Directs the Administrator of the Federal Aviation Administration (FAA) to: (1) study how the performance of security functions at U.S. airports should be organized and carried out, in cooperation with air carriers and airport administrators, to secure the safety of passengers and workers in all areas of airports and in the aircraft boarded at such airports; and (2) develop a plan for ensuring security at U.S. airports.Amends Federal aviation law to require the screening of passengers and property that will be carried in an aircraft cabin to be performed by FAA employees or other U.S. employees. (Currently, screening is carried out by employees or agents of an air carrier, interstate air carrier, or foreign air carrier). Requires the Administrator to direct U.S. airport operators to make immediate arrangements for armed, uniformed law enforcement personnel to be stationed at passenger and property screening points at airports to monitor the performance of such screening and to be stationed at airport employee security checkpoints there.Requires U.S. employees under the direction of the FAA to perform all functions relating to security of passengers and airport personnel at U.S. airports. Imposes a fee of not more than $1 per domestic flight segment for such security operations.Directs the Administrator to develop a plan to provide small- to medium-size airports with technical support to enhance security operations, including financial assistance to defray their costs. | {"src": "billsum_train", "title": "A bill to amend title 49, United States Code, to require that the screening of passengers and property on flights in air transportation be carried out by employees of the Federal Aviation Administration, and to assist small- to medium-size airports with security enhancements."} | 1,571 | 325 | 0.54602 | 1.635202 | 0.845988 | 4.45283 | 5.645283 | 0.913208 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Partnerships to
Prevent Opioid Abuse Act of 2018''.
SEC. 2. PROGRAM INTEGRITY TRANSPARENCY MEASURES UNDER MEDICARE PARTS C
AND D.
(a) In General.--Section 1859 of the Social Security Act (42 U.S.C.
1395w-28) is amended by adding at the end the following new subsection:
``(i) Program Integrity Transparency Measures.--
``(1) Program integrity portal.--
``(A) In general.--Not later than 2 years after the
date of the enactment of this subsection, the Secretary
shall, after consultation with stakeholders, establish
a secure Internet website portal that would allow a
secure path for communication between the Secretary, MA
plans under this part, prescription drug plans under
part D, and an eligible entity with a contract under
section 1893 (such as a Medicare drug integrity
contractor or any successor entity to a Medicare drug
integrity contractor), in accordance with subsection
(j)(3) of such section, for the purpose of enabling
through such portal--
``(i) the referral by such plans of
suspicious activities of a provider of services
(including a prescriber) or supplier related to
fraud, waste, and abuse for initiating or
assisting investigations conducted by the
eligible entity; and
``(ii) data sharing among such MA plans,
prescription drug plans, and the Secretary
(including with respect to information for
activities under section 1893(j)).
``(B) Required uses of portal.--The Secretary shall
disseminate the following information to MA plans under
this part and prescription drug plans under part D
through the secure Internet website portal established
under subparagraph (A):
``(i) Providers of services and suppliers
that have been referred pursuant to
subparagraph (A)(i) during the previous 12-
month period.
``(ii) Providers of services and suppliers
who are the subject of an active exclusion
under section 1128 or who are subject to a
suspension of payment under this title pursuant
to section 1862(o) or otherwise.
``(iii) Providers of services and suppliers
who are the subject of an active revocation of
participation under this title, including for
not satisfying conditions of participation.
``(iv) In the case of such a plan that
makes a referral under subparagraph (A)(i)
through the portal with respect to suspicious
activities of a provider of services (including
a prescriber) or supplier, if such provider (or
prescriber) or supplier has been the subject of
an administrative action under this title or
title XI with respect to similar activities, a
notification to such plan of such action so
taken.
``(C) Rulemaking.--For purposes of this paragraph,
the Secretary shall, through rulemaking, specify what
constitutes substantiated fraud, waste, and abuse,
using guidance such as what is provided in the Medicare
Program Integrity Manual 4.7.1.
``(2) Quarterly reports.--Beginning not later than 2 years
after the date of the enactment of this subsection, the
Secretary shall make available to MA plans under this part and
prescription drug plans under part D in a timely manner (but no
less frequently than quarterly) and using information submitted
to an entity described in paragraph (1) through the portal
described in such paragraph or pursuant to section 1893,
information on fraud, waste, and abuse schemes and trends in
identifying suspicious activity. Information included in each
such report shall--
``(A) include administrative actions, pertinent
information related to opioid overprescribing, and
other data determined appropriate by the Secretary in
consultation with stakeholders; and
``(B) be anonymized information submitted by plans
without identifying the source of such information.
``(3) Clarification.--Nothing in this subsection shall
preclude referrals to the Inspector General of the Department
of Health and Human Services or other law enforcement
entities.''.
(b) Contract Requirement To Communicate Plan Corrective Actions
Against Opioids Over-prescribers.--Section 1857(e)(4)(C) of the Social
Security Act (42 U.S.C. 1395w-27(e)(4)(C)) is amended by adding at the
end the following new paragraph:
``(5) Communicating plan corrective actions against opioids
over-prescribers.--
``(A) In general.--Beginning with plan years
beginning on or after January 1, 2021, a contract under
this section with an MA organization shall require the
organization to submit to the Secretary, through the
process established under subparagraph (B), information
on credible evidence of suspected fraud and other
actions taken by such plans related to inappropriate
prescribing of opioids.
``(B) Process.--Not later than January 1, 2021, the
Secretary shall, in consultation with stakeholders,
establish a process under which MA plans and
prescription drug plans shall submit to the Secretary
information described in subparagraph (A).
``(C) Regulations.--For purposes of this paragraph,
including as applied under section 1860D-12(b)(3)(D),
the Secretary shall, pursuant to rulemaking--
``(i) specify a definition for the term
`inappropriate prescribing of opioids' and a
method for determining if a provider of
services prescribes such a high volume; and
``(ii) establish the process described in
subparagraph (B) and the types of information
that may be submitted through such process.''.
(c) Reference Under Part D to Program Integrity Transparency
Measures.--Section 1860D-4 of the Social Security Act (42 U.S.C. 1395w-
104) is amended by adding at the end the following new subsection:
``(m) Program Integrity Transparency Measures.--For program
integrity transparency measures applied with respect to prescription
drug plan and MA plans, see section 1859(i).''. | Strengthening Partnerships to Prevent Opioid Abuse Act of 2018 This bill requires the Centers for Medicare & Medicaid Services (CMS) to establish a secure online portal to allow: (1) data sharing among the CMS, Medicare prescription drug benefit plans, and Medicare Advantage (MA) plans; and (2) referrals by such plans of suspicious activities related to fraud, waste, or abuse in order to initiate or assist investigations by contracted entities under the Medicare Integrity Program. The CMS must disseminate and report certain collected information to such plans, including information regarding providers that were referred through the portal and trends in identifying suspicious activity. Additionally, for plan years beginning on or after January 1, 2021, MA organizations must submit information to the CMS regarding credible evidence of suspected fraud or other actions taken by MA plans regarding inappropriate prescribing of opioids (as determined by the CMS). | {"src": "billsum_train", "title": "Strengthening Partnerships to Prevent Opioid Abuse Act of 2018"} | 1,351 | 203 | 0.572504 | 1.668287 | 0.785475 | 2.323353 | 6.97006 | 0.826347 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Nonprofit Research and
Education Corporations Enhancement Act of 2009''.
SEC. 2. GENERAL AUTHORITIES ON ESTABLISHMENT OF CORPORATIONS.
(a) Authorization of Multi-medical Center Research Corporations.--
(1) In general.--Section 7361 of title 38, United States
Code, is amended--
(A) by redesignating subsection (b) as subsection
(e); and
(B) by inserting after subsection (a) the following
new subsection (b):
``(b)(1) Subject to paragraph (2), a corporation established under
this subchapter may facilitate the conduct of research, education, or
both at more than one medical center. Such a corporation shall be known
as a `multi-medical center research corporation'.
``(2) The board of directors of a multi-medical center research
corporation under this subsection shall include the official at each
Department medical center concerned who is, or who carries out the
responsibilities of, the medical center director of such center as
specified in section 7363(a)(1)(A)(i) of this title.
``(3) In facilitating the conduct of research, education, or both
at more than one Department medical center under this subchapter, a
multi-medical center research corporation may administer receipts and
expenditures relating to such research, education, or both, as
applicable, performed at the Department medical centers concerned.''.
(2) Expansion of existing corporations to multi-medical
center research corporations.--Such section is further amended
by adding at the end the following new subsection:
``(f) A corporation established under this subchapter may act as a
multi-medical center research corporation under this subchapter in
accordance with subsection (b) if--
``(1) the board of directors of the corporation approves a
resolution permitting facilitation by the corporation of the
conduct of research, education, or both at the other Department
medical center or medical centers concerned; and
``(2) the Secretary approves the resolution of the
corporation under paragraph (1).''.
(b) Restatement and Modification of Authorities on Applicability of
State Law.--
(1) In general.--Section 7361 of such title, as amended by
subsection (a) of this section, is further amended by inserting
after subsection (b) the following new subsection (c):
``(c) Any corporation established under this subchapter shall be
established in accordance with the nonprofit corporation laws of the
State in which the applicable Department medical center is located and
shall, to the extent not inconsistent with any Federal law, be subject
to the laws of such State. In the case of any multi-medical center
research corporation that facilitates the conduct of research,
education, or both at Department medical centers located in different
States, the corporation shall be established in accordance with the
nonprofit corporation laws of the State in which one of such Department
medical centers is located.''.
(2) Conforming amendment.--Section 7365 of such title is
repealed.
(c) Clarification of Status of Corporations.--Section 7361 of such
title, as amended by this section, is further amended--
(1) in subsection (a), by striking the second sentence; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d)(1) Except as otherwise provided in this subchapter or under
regulations prescribed by the Secretary, any corporation established
under this subchapter, and its officers, directors, and employees,
shall be required to comply only with those Federal laws, regulations,
and executive orders and directives that apply generally to private
nonprofit corporations.
``(2) A corporation under this subchapter is not--
``(A) owned or controlled by the United States; or
``(B) an agency or instrumentality of the United States.''.
(d) Reinstatement of Requirement for 501(c)(3) Status of
Corporations.--Subsection (e) of section 7361 of such title, as
redesignated by subsection (a)(1) of this section, is further amended
by inserting ``section 501(c)(3) of'' after ``exempt from taxation
under''.
SEC. 3. CLARIFICATION OF PURPOSES OF CORPORATIONS.
(a) Clarification of Purposes.--Subsection (a) of section 7362 of
title 38, United States Code, is amended in the first sentence--
(1) by striking ``Any corporation'' and all that follows
through ``facilitate'' and inserting ``A corporation
established under this subchapter shall be established to
provide a flexible funding mechanism for the conduct of
approved research and education at one or more Department
medical centers and to facilitate functions related to the
conduct of''; and
(2) by inserting before the period at the end the
following: ``or centers''.
(b) Modification of Defined Term Relating to Education and
Training.--Subsection (b) of such section is amended in the matter
preceding paragraph (1) by striking ``the term `education and
training''' and inserting ``the term `education' includes education and
training and''.
(c) Repeal of Role of Corporations With Respect to Fellowships.--
Paragraph (1) of subsection (b) of such section is amended by striking
the flush matter following subparagraph (C).
(d) Availability of Education for Families of Veteran Patients.--
Paragraph (2) of subsection (b) of such section is amended by striking
``to patients and to the families'' and inserting ``and includes
education and training for patients and families''.
SEC. 4. MODIFICATION OF REQUIREMENTS FOR BOARDS OF DIRECTORS OF
CORPORATIONS.
(a) Requirements for Department Board Members.--Paragraph (1) of
section 7363(a) of title 38, United States Code, is amended to read as
follows:
``(1) with respect to the Department medical center--
``(A)(i) the director (or directors of each
Department medical center, in the case of a multi-
medical center research corporation);
``(ii) the chief of staff; and
``(iii) as appropriate for the activities of such
corporation, the associate chief of staff for research
and the associate chief of staff for education; or
``(B) in the case of a Department medical center at
which one or more of the positions referred to in
subparagraph (A) do not exist, the official or
officials who are responsible for carrying out the
responsibilities of such position or positions at the
Department medical center; and''.
(b) Requirements for Non-department Board Members.--Paragraph (2)
of such section is amended--
(1) by inserting ``not less than two'' before ``members'';
and
(2) by striking ``and who'' and all that follows through
the period at the end and inserting ``and who have backgrounds,
or business, legal, financial, medical, or scientific
expertise, of benefit to the operations of the corporation.''.
(c) Clarification That Department Employees May Serve as Executive
Directors.--Subsection (b) of section 7363 of such title is amended in
the first sentence, by inserting after ``executive director who'' the
following: ``may be an employee of the Department and who''.
(d) Conflicts of Interest.--Subsection (c) of section 7363 of such
title is amended by striking ``, employed by, or have any other
financial relationship with'' and inserting ``or employed by''.
SEC. 5. CLARIFICATION OF POWERS OF CORPORATIONS.
(a) In General.--Section 7364 of title 38, United States Code, is
amended to read as follows:
``Sec. 7364. General powers
``(a) In General.--(1) A corporation established under this
subchapter may, solely to carry out the purposes of this subchapter--
``(A) accept, administer, retain, and spend funds derived
from gifts, contributions, grants, fees, reimbursements, and
bequests from individuals and public and private entities;
``(B) enter into contracts and agreements with individuals
and public and private entities;
``(C) subject to paragraph (2), set fees for education and
training facilitated under section 7362 of this title, and
receive, retain, administer, and spend funds in furtherance of
such education and training;
``(D) reimburse amounts to the applicable appropriation
account of the Department for the Office of General Counsel for
any expenses of that Office in providing legal services
attributable to research and education agreements under this
subchapter; and
``(E) employ such employees as the corporation considers
necessary for such purposes and fix the compensation of such
employees.
``(2) Fees charged pursuant to paragraph (1)(C) for education and
training described in that paragraph to individuals who are officers or
employees of the Department may not be paid for by any funds
appropriated to the Department.
``(3) Amounts reimbursed to the Office of General Counsel under
paragraph (1)(D) shall be available for use by the Office of the
General Counsel only for staff and training, and related travel, for
the provision of legal services described in that paragraph and shall
remain available for such use without fiscal year limitation.
``(b) Transfer and Administration of Funds.--(1) Except as provided
in paragraph (2), any funds received by the Secretary for the conduct
of research or education at a Department medical center or centers,
other than funds appropriated to the Department, may be transferred to
and administered by a corporation established under this subchapter for
such purposes.
``(2) A Department medical center may reimburse the corporation for
all or a portion of the pay, benefits, or both of an employee of the
corporation who is assigned to the Department medical center if the
assignment is carried out pursuant to subchapter VI of chapter 33 of
title 5.
``(3) A Department medical center may retain and use funds provided
to it by a corporation established under this subchapter. Such funds
shall be credited to the applicable appropriation account of the
Department and shall be available, without fiscal year limitation, for
the purposes of that account.
``(c) Research Projects.--Except for reasonable and usual
preliminary costs for project planning before its approval, a
corporation established under this subchapter may not spend funds for a
research project unless the project is approved in accordance with
procedures prescribed by the Under Secretary for Health for research
carried out with Department funds. Such procedures shall include a
scientific review process.
``(d) Education Activities.--Except for reasonable and usual
preliminary costs for activity planning before its approval, a
corporation established under this subchapter may not spend funds for
an education activity unless the activity is approved in accordance
with procedures prescribed by the Under Secretary for Health.
``(e) Policies and Procedures.--The Under Secretary for Health may
prescribe policies and procedures to guide the spending of funds by
corporations established under this subchapter that are consistent with
the purpose of such corporations as flexible funding mechanisms and
with Federal and State laws and regulations, and executive orders,
circulars, and directives that apply generally to the receipt and
expenditure of funds by nonprofit organizations exempt from taxation
under section 501(c)(3) of the Internal Revenue Code of 1986.''.
(b) Conforming Amendment.--Section 7362(a) of such title, as
amended by section 3(a)(1) of this Act, is further amended by striking
the last sentence.
SEC. 6. REDESIGNATION OF SECTION 7364A OF TITLE 38, UNITED STATES CODE.
(a) Redesignation.--Section 7364A of title 38, United States Code,
is redesignated as section 7365 of such title.
(b) Clerical Amendments.--The table of sections at the beginning of
chapter 73 of such title is amended--
(1) by striking the item relating to section 7364A; and
(2) by striking the item relating to section 7365 and
inserting the following new item:
``7365. Coverage of employees under certain Federal tort claims
laws.''.
SEC. 7. IMPROVED ACCOUNTABILITY AND OVERSIGHT OF CORPORATIONS.
(a) Additional Information in Annual Reports.--Subsection (b) of
section 7366 of title 38, United States Code, is amended to read as
follows:
``(b)(1) Each corporation shall submit to the Secretary each year a
report providing a detailed statement of the operations, activities,
and accomplishments of the corporation during that year.
``(2)(A) A corporation with revenues in excess of $500,000 for any
year shall obtain an audit of the corporation for that year.
``(B) A corporation with annual revenues between $100,000 and
$500,000 shall obtain an audit of the corporation at least once every
three years.
``(C) Any audit under this paragraph shall be performed by an
independent auditor.
``(3) The corporation shall include in each report to the Secretary
under paragraph (1) the following:
``(A) The most recent audit of the corporation under
paragraph (2).
``(B) The most recent Internal Revenue Service Form 990
`Return of Organization Exempt from Income Tax' or equivalent
and the applicable schedules under such form.''.
(b) Conflict of Interest Policies.--Subsection (c) of such section
is amended to read as follows:
``(c) Each director, officer, and employee of a corporation
established under this subchapter shall be subject to a conflict of
interest policy adopted by that corporation.''.
(c) Establishment of Appropriate Payee Reporting Threshold.--
Subsection (d)(3)(C) of such sec-
tion is amended by striking ``$35,000'' and inserting ``$50,000''.
Passed the House of Representatives July 27, 2009.
Attest:
LORRAINE C. MILLER,
Clerk. | Veterans Nonprofit Research and Education Corporations Enhancement Act of 2009 - (Sec. 2) Amends federal provisions concerning the establishment at Department of Veterans Affairs (VA) medical facilities of nonprofit research and education corporations (NRECs) to allow an NREC to facilitate the conduct of research or education, or both, at more than one VA medical center. States that such an NREC shall be known as a multi-medical center research corporation (MCRC).
Allows an NREC to act as a MCRC if: (1) the NREC board of directors approve a resolution permitting that NREC to act as a MCRC; and (2) the Secretary of Veterans Affairs approves the resolution.
Requires each NREC and MCRC (corporation) to be established in accordance with the nonprofit corporation laws of the state in which the VA medical center which it supports is located. States that neither such corporation shall be considered to be owned by, or an agent or instrumentality of, the United States.
(Sec. 3) Restates the purposes of the corporations, including with respect to their role in: (1) providing a flexible funding mechanism; and (2) residencies or similar programs.
(Sec. 4) Modifies the composition of corporation boards of directors. Revises requirements concerning non-VA members of boards of directors of NRECs and MCRCs to: (1) state a minimum number who are not officers or employees of the federal government; and (2) expand the required areas of experience or expertise.
Allows a corporation executive director to be an employee of the VA.
Removes financial relationship restrictions from conflict of interest standards applicable to directors.
(Sec. 5) Increases authorized corporate powers of the corporations to include entering into contracts and setting fees for education and training facilitated through a corporation.
(Sec. 7) Revises annual report procedures to modify the thresholds for the obtaining of audits and require submission of an Internal Revenue Service return form applicable to organizations exempt from income tax.
Revises conflict of interest policies applicable to directors, officers, and employees of a corporation to apply the policy adopted by the corporation (under current law, they are subject to federal laws and regulations applicable to federal employees).
Revises requirements for a report to Congress to increase the threshold for providing information identifying payees of the corporation. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to modify and update provisions of law relating to nonprofit research and education corporations, and for other purposes."} | 3,154 | 507 | 0.553107 | 1.844221 | 0.751023 | 2.111359 | 6.342984 | 0.837416 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission on the Advancement of
Women and Minorities in Science, Engineering, and Technology
Development Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to the National Science Foundation's 1996
report, Women, Minorities, and Persons with Disabilities in
Science and Engineering--
(A) women have historically been underrepresented
in scientific and engineering occupations, and although
progress has been made over the last several decades,
there is still room for improvement;
(B) female and minority students take fewer high-
level mathematics and science courses in high school;
(C) female students earn fewer bachelors, masters,
and doctoral degrees in science and engineering;
(D) among recent bachelors of science and bachelors
of engineering graduates, women are less likely to be
in the labor force, to be employed full-time, and to be
employed in their field than are men;
(E) among doctoral scientists and engineers, women
are far more likely to be employed at 2-year
institutions, are far less likely to be employed in
research universities, and are much more likely to
teach part-time;
(F) among university full-time faculty, women are
less likely to chair departments or hold high-ranked
positions;
(G) a substantial salary gap exists between men and
women with doctorates in science and engineering;
(H) Blacks, Hispanics, and Native Americans
continue to be seriously underrepresented in graduate
science and engineering programs; and
(I) Blacks, Hispanics, and Native Americans as a
group are 23 percent of the population of the United
States, but only 6 percent are scientists or engineers.
(2) According to the National Research Council's 1995
report, Women Scientists and Engineers Employed in Industry:
Why So Few?--
(A) limited access is the first hurdle faced by
women seeking industrial jobs in science and
engineering, and while progress has been made in recent
years, common recruitment and hiring practices that
make extensive use of traditional networks often
overlook the available pool of women;
(B) once on the job, many women find paternalism,
sexual harassment, allegations of reverse
discrimination, different standards for judging the
work of men and women, lower salary relative to their
male peers, inequitable job assignments, and other
aspects of a male-oriented culture that are hostile to
women; and
(C) women to a greater extent than men find limited
opportunities for advancement, particularly for moving
into management positions, and the number of women who
have achieved the top levels in corporations is much
lower than would be expected, based on the pipeline
model.
(3) The establishment of a commission to examine issues
raised by the findings of these 2 reports would help--
(A) to focus attention on the importance of
eliminating artificial barriers to the recruitment,
retention, and advancement of women and minorities in
the fields of science, engineering, and technology, and
in all employment sectors of the United States;
(B) to promote work force diversity;
(C) to sensitize employers to the need to recruit
and retain women and minority scientists, engineers,
and computer specialists; and
(D) to encourage the replication of successful
recruitment and retention programs by universities,
corporations, and Federal agencies having difficulties
in employing women or minorities in the fields of
science, engineering, and technology.
SEC. 3. ESTABLISHMENT.
There is established a commission to be known as the ``Commission
on the Advancement of Women and Minorities in Science, Engineering, and
Technology Development'' (in this Act referred to as the
``Commission'').
SEC. 4. DUTY OF THE COMMISSION.
The Commission shall review available research, and, if determined
necessary by the Commission, conduct additional research to--
(1) identify the number of women, minorities, and
individuals with disabilities in the United States in specific
types of occupations in science, engineering, and technology
development;
(2) examine the preparedness of women, minorities, and
individuals with disabilities to--
(A) pursue careers in science, engineering, and
technology development; and
(B) advance to positions of greater responsibility
within academia, industry, and government;
(3) describe the practices and policies of employers and
labor unions relating to the recruitment, retention, and
advancement of women, minorities, and individuals with
disabilities in the fields of science, engineering, and
technology development;
(4) identify the opportunities for, and artificial barriers
to, the recruitment, retention, and advancement of women,
minorities, and individuals with disabilities in the fields of
science, engineering, and technology development in academia,
industry, and government;
(5) compile a synthesis of available research on lawful
practices, policies, and programs that have successfully led to
the recruitment, retention, and advancement of women,
minorities, and individuals with disabilities in science,
engineering, and technology development;
(6) issue recommendations with respect to lawful policies
that government (including Congress and appropriate Federal
agencies), academia, and private industry can follow regarding
the recruitment, retention, and advancement of women,
minorities, and individuals with disabilities in science,
engineering, and technology development;
(7) identify the disincentives for women, minorities, and
individuals with disabilities to continue graduate education in
the fields of engineering, physics, and computer science;
(8) identify university undergraduate programs that are
successful in retaining women, minorities, and individuals with
disabilities in the fields of science, engineering, and
technology development;
(9) identify the disincentives that lead to a
disproportionate number of women, minorities, and individuals
with disabilities leaving the fields of science, engineering,
and technology development before completing their
undergraduate education;
(10) assess the extent to which the recommendations of the
Task Force on Women, Minorities, and the Handicapped in Science
and Technology established under section 8 of the National
Science Foundation Authorization Act for Fiscal Year 1987
(Public Law 99-383; 42 U.S.C. 1885a note) have been
implemented;
(11) compile a list of all Federally funded reports on the
subjects of encouraging women, minorities, and individuals with
disabilities to enter the fields of science and engineering and
retaining women, minorities, and individuals with disabilities
in the science and engineering workforce that have been issued
since the date that the Task Force described in paragraph (10)
submitted its report to Congress;
(12) assess the extent to which the recommendations
contained in the reports described in paragraph (11) have been
implemented; and
(13) evaluate the benefits of family-friendly policies in
order to assist recruiting, retaining, and advancing women in
the fields of science, engineering, and technology such as the
benefits or disadvantages of the Family and Medical Leave Act
of 1993 (29 U.S.C. 2001 et seq.).
SEC. 5. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 11
members as follows:
(1) 1 member appointed by the President from among for-
profit entities that hire individuals in the fields of
engineering, science, or technology development.
(2) 2 members appointed by the Speaker of the House of
Representatives from among such entities.
(3) 1 member appointed by the minority leader of the House
of Representatives from among such entities.
(4) 2 members appointed by the majority leader of the
Senate from among such entities.
(5) 1 member appointed by the minority leader of the Senate
from among such entities.
(6) 2 members appointed by the Chairman of the National
Governors Association from among individuals in education or
academia in the fields of life science, physical science, or
engineering.
(7) 2 members appointed by the Vice Chairman of the
National Governors Association from among such individuals.
(b) Initial Appointments.--Initial appointments shall be made under
subsection (a) not later than 90 days after the date of the enactment
of this Act.
(c) Terms.--
(1) In general.--Each member shall be appointed for the
life of the Commission.
(2) Vacancies.--A vacancy in the Commission shall be filled
in the manner in which the original appointment was made.
(d) Pay of Members.--Members shall not be paid by reason of their
service on the Commission.
(e) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
(f) Quorum.--A majority of the members of the Commission shall
constitute a quorum for the transaction of business.
(g) Chairperson.--The Chairperson of the Commission shall be
elected by the members.
(h) Meetings.--The Commission shall meet not fewer than 5 times in
connection with and pending the completion of the report described in
section 8. The Commission shall hold additional meetings for such
purpose if the Chairperson or a majority of the members of the
Commission requests the additional meetings in writing.
(i) Employment Status.--Members of the Commission shall not be
deemed to be employees of the Federal Government by reason of their
work on the Commission except for the purposes of--
(1) the tort claims provisions of chapter 171 of title 28,
United States Code; and
(2) subchapter I of chapter 81 of title 5, United States
Code, relating to compensation for work injuries.
SEC. 6. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.
(a) Director.--The Commission shall appoint a Director who shall be
paid at a rate not to exceed the maximum annual rate of basic pay
payable under section 5376 of title 5, United States Code.
(b) Staff.--The Commission may appoint and fix the pay of
additional personnel as the Commission considers appropriate.
(c) Applicability of Certain Civil Service Laws.--The Director and
staff of the Commission may be appointed without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of that title
relating to classification and General Schedule pay rates, except that
an individual so appointed may not receive pay in excess of the maximum
annual rate of basic pay payable under section 5376 of title 5, United
States Code.
(d) Experts and Consultants.--The Commission may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals not to exceed the maximum annual
rate of basic pay payable under section 5376 of title 5, United States
Code.
(e) Staff of Federal Agencies.--Upon request of the Commission, the
Director of the National Science Foundation or the head of any other
Federal department or agency may detail, on a reimbursable basis, any
of the personnel of that department or agency to the Commission to
assist it in carrying out its duties under this Act.
SEC. 7. POWERS OF COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate. The Commission may administer oaths or affirmations to
witnesses appearing before it.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
(c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable it to carry out this Act. Upon request of the
Chairperson of the Commission, the head of that department or agency
shall furnish that information to the Commission.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(e) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
(f) Contract Authority.--To the extent provided in advance in
appropriations Acts, the Commission may contract with and compensate
government and private agencies or persons for the purpose of
conducting research or surveys necessary to enable the Commission to
carry out its duties under this Act.
SEC. 8. REPORT.
Not later than 1 year after the date on which the initial
appointments under section 5(a) are completed, the Commission shall
submit to the President, the Congress, and the highest executive
official of each State, a written report containing the findings,
conclusions, and recommendations of the Commission resulting from the
study conducted under section 4.
SEC. 9. CONSTRUCTION; USE OF INFORMATION OBTAINED.
(a) In General.--Nothing in this Act shall be construed to require
any non-Federal entity (such as a business, college or university,
foundation, or research organization) to provide information to the
Commission concerning such entity's personnel policies, including
salaries and benefits, promotion criteria, and affirmative action
plans.
(b) Use of Information Obtained.--No information obtained from any
entity by the Commission may be used in connection with any employment
related litigation.
SEC. 10. TERMINATION; ACCESS TO INFORMATION.
(a) Termination.--The Commission shall terminate 30 days after
submitting the report required by section 8.
(b) Access to Information.--On or before the date of the
termination of the Commission under subsection (a), the Commission
shall provide to the National Science Foundation the information
gathered by the Commission in the process of carrying out its duties
under this Act. The National Science Foundation shall act as a central
repository for such information and shall make such information
available to the public, including making such information available
through the Internet.
SEC. 11. REVIEW OF INFORMATION PROVIDED BY THE NATIONAL SCIENCE
FOUNDATION AND OTHER AGENCIES.
(a) Provision of Information.--At the request of the Commission,
the National Science Foundation and any other Federal department or
agency shall provide to the Commission any information determined
necessary by the Commission to carry out its duties under this Act,
including--
(1) data on academic degrees awarded to women, minorities,
and individuals with disabilities in science, engineering, and
technology development, and workforce representation and the
retention of women, minorities, individuals with disabilities
in the fields of science, engineering, and technology
development; and
(2) information gathered by the National Science Foundation
in the process of compiling its biennial report on Women,
Minorities, and Persons with Disabilities in Science and
Engineering.
(b) Review of Information.--The Commission shall review any
information provided under subsection (a) and shall include in the
report required under section 8--
(1) recommendations on how to correct any deficiencies in
the collection of the types of information described in that
subsection, and in the analysis of such data, which might
impede the characterization of the factors which affect the
attraction and retention of women, minorities, and individuals
with disabilities in the fields of science, engineering, and
technology development; and
(2) an assessment of the biennial report of the National
Science Foundation on Women, Minorities, and Persons with
Disabilities in Science and Engineering, and recommendations on
how that report could be improved.
SEC. 12. DEFINITION OF STATE.
In this Act, the term ``State'' includes the several States, the
District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth
of the Northern Mariana Islands, American Samoa, Guam, the Virgin
Islands, and any other territory or possession of the United States.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act--
(1) $400,000 for fiscal year 1999; and
(2) $400,000 for fiscal year 2000. | Commission on the Advancement of Women and Minorities in Science, Engineering, and Technology Development Act - Establishes the Commission on the Advancement of Women and Minorities in Science, Engineering, and Technology Development.
Directs the Commission to review available research and conduct additional necessary research to: (1) identify the number of women, minorities, and individuals with disabilities in the United States in specific types of occupations in science, engineering, and technology development; (2) examine the preparedness of such persons to pursue careers in such fields and to advance to positions of greater responsibility within academia, industry, and government; (3) describe the practices and policies of employers and labor unions relating to the recruitment, retention, and advancement of such persons in the such fields; (4) identify the opportunities for, and artificial barriers to, the recruitment, retention, and advancement of such persons in such fields; (5) compile a synthesis of available research on lawful practices, policies, and programs that have successfully led to the recruitment, retention, and advancement of such persons in such fields and issue recommendations with respect to lawful policies that Government (including the Congress and appropriate Federal agencies), academia, and private industry can follow; (6) identify the disincentives for such persons to continue graduate education in such fields and the disincentives that lead to a disproportionate number of such persons leaving such fields; (7) identify university undergraduate programs that are successful in retaining such persons in such fields; (8) assess the extent to which the recommendations of the Task Force on Women, Minorities, and the Handicapped in Science and Technology have been implemented; (9) compile a list of all federally funded reports on the subjects of encouraging such persons to enter the fields of science and engineering and retaining such persons in the science and engineering workforce that have been issued since the Task Force submitted its report to the Congress; (10) assess the extent to which the recommendations contained in such reports have been implemented; and (11) evaluate the benefits of family-friendly policies such as the Family and Medical Leave Act of 1993 in order to assist recruiting, retaining, and advancing women in the fields of science, engineering, and technology.
Requires the Commission to report its findings and recommendations to the President, the Congress, and the highest executive official of each State within one year after its members have been appointed. Terminates the Commission 30 days after the submission of its report.
Directs the Commission to provide the information gathered to the National Science Foundation (NSF) which shall act as a central repository and make such information available to the public, including through the Internet.
Requires NSF and any other Federal agency to provide any information requested by the Commission, including: (1) data on academic degrees awarded to such persons in science, engineering, and technology development and workforce representation and the retention of such persons in such fields; and (2) information gathered by NSF in the compilation of its biennial report on Women, Minorities, and Persons with Disabilities in Science and Engineering. Requires the Commission to review such information and include in its report: (1) recommendations on how to correct any deficiencies in the collection and analysis of the information which might impede the characterization of the factors which affect the attraction and retention of such persons in such fields; and (2) an assessment of the NSF's biennial report and recommendations on how that report could be improved.
Authorizes appropriations for FY 1999 and 2000. | {"src": "billsum_train", "title": "Commission on the Advancement of Women and Minorities in Science, Engineering, and Technology Development Act"} | 3,422 | 717 | 0.530185 | 1.92949 | 0.698139 | 5.939706 | 4.873529 | 0.969118 |
SECTION 1. FCC REFORM.
(a) In General.--The Communications Act of 1934 (47 U.S.C. 151 et
seq.) is amended by inserting after section 5 the following new
section:
``SEC. 5A. PUBLIC PARTICIPATION AND COMMISSION DECISIONMAKING.
``(a) Reform Measures.--The Commission shall promulgate regulations
in accordance with the following:
``(1) Except as provided in the third sentence of section
553(b) of title 5, United States Code, before adopting,
modifying, or deleting a final regulation, the Commission--
``(A) shall publish the specific language of the
proposed regulation, modification, or deletion;
``(B) shall provide at least 30 days for the
submission of comments and an additional 30 days for
the submission of reply comments on such proposed
regulation, modification, or deletion; and
``(C) shall provide at least 30 days following the
deadline for the submission of reply comments for
agency consideration on the record on such proposed
regulation, modification, or deletion.
``(2) The Commission shall ensure that members of the
Commission have adequate time, prior to being required to
decide an issue (including at a meeting held pursuant to
section 5(d)), to review the proposed Commission decision
document, including any specific language that is proposed to
be adopted as, modified in, or deleted from a regulation.
``(3) The Commission shall establish deadlines for any
Commission order, decision, report, or action for each of the
various categories of petitions, applications, complaints, and
other filings seeking Commission action.
``(4) The Commission shall publish any order, decision,
report, or action of the Commission within 30 days after the
date of the adoption of such order, decision, report, or
action.
``(5) The Commission shall notify by letter the
chairpersons and ranking members of the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate--
``(A) indicating that an order, decision, report,
or action of the Commission was not published within 30
days after the date of the adoption of such order,
decision, report, or action;
``(B) identifying such order, decision, report, or
action; and
``(C) describing the reason for the delay.
The Commission shall update by letter such chairpersons and
ranking members every 14 days until the publication of such
order, decision, report, or action.
``(6) For any year in which the Commission was required to
provide a notice pursuant to paragraph (5), the Commission
shall publish an annual report containing detailed statistics
concerning the delay between the adoption and the publication
of any such order, decision, report, or action.
``(7) The Commission shall publish on a weekly basis a
summary list of documents containing proposed decisions pending
review by the Commission. For all such decisions on such list
for more than 60 days, the Commission shall also name any
Commissioners who have not cast a vote on such decision.
``(b) Statistical Reports Schedule.--
``(1) In general.--The Commission shall catalog, identify,
and publish the anticipated release schedule for all
statistical reports regularly or intermittently published by
the Commission and shall thereafter publish such schedule at
least annually.
``(2) Notification of delay.--The Commission shall notify
by letter the chairpersons and ranking members of the Committee
on Energy and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate--
``(A) indicating that a statistical report was not
published within 60 days after the date specified in
the anticipated release schedule published under
paragraph (1);
``(B) identifying such report; and
``(C) describing the reason for such delay.
The Commission shall update by letter such chairpersons and
ranking members every 30 days until the publication of such
report.
``(c) Definition.--For the purposes of this section, the term
`regulation' has the meaning given the term `rule' in section 551(4) of
title 5, United States Code.''.
(b) Effective Dates.--
(1) Reform measures.--The Federal Communications Commission
shall carry out section 5A(a) of the Communications Act of 1934
(as added by subsection (a)) within 6 months after the date of
enactment of this Act.
(2) Statistical reports schedule.--The Federal
Communications Commission shall carry out section 5A(b) of the
Communications Act of 1934 (as added by subsection (a)) within
3 months after the date of enactment of this Act.
(3) Exception.--Notwithstanding paragraph (1), in
promulgating rules to carry out section 5A(a) of the
Communications Act of 1934 (as added by subsection (a)), the
Federal Communications Commission shall comply with the
requirements of paragraphs (1), (2), and (4) of section 5A(a)
of the Communications Act of 1934 (as added by subsection (a)).
SEC. 2. EFFECT ON OTHER LAWS.
Nothing in this Act, including the amendments made by this Act,
shall absolve the Federal Communications Commission from any
obligations under title 5, United States Code. | Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC), subject to exception, to promulgate regulations requiring before adopting, modifying, or deleting a final regulation: (1) publication of the specific regulation language; and (2) specific time periods for comments, replying to comments, and deadlines for comments. Requires the FCC to: (1) ensure adequate review time; (2) establish action deadlines; (3) publish any actions within 30 days; and (4) submit specified notifications to specified congressional committees.
Requires the FCC to annually publish the release schedule for all regular or intermittent FCC statistical reports and to notify the chairpersons and ranking members of specified congressional committees of the reason for any delay. | {"src": "billsum_train", "title": "To improve public participation and overall decision-making at the Federal Communications Commission, and for other purposes."} | 1,133 | 157 | 0.594828 | 1.679527 | 0.782137 | 2.244755 | 7.734266 | 0.874126 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Unemployment Benefits
Extension Act of 2010''.
SEC. 2. EXTENSION OF UNEMPLOYMENT INSURANCE PROVISIONS.
(a) In General.--(1) Section 4007 of the Supplemental
Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is
amended--
(A) by striking ``November 30, 2010'' each place it appears
and inserting ``January 3, 2012'';
(B) in the heading for subsection (b)(2), by striking
``november 30, 2010'' and inserting ``january 3, 2012''; and
(C) in subsection (b)(3), by striking ``April 30, 2011''
and inserting ``June 9, 2012''.
(2) Section 2005 of the Assistance for Unemployed Workers and
Struggling Families Act, as contained in Public Law 111-5 (26 U.S.C.
3304 note; 123 Stat. 444), is amended--
(A) by striking ``December 1, 2010'' each place it appears
and inserting ``January 4, 2012''; and
(B) in subsection (c), by striking ``May 1, 2011'' and
inserting ``June 11, 2012''.
(3) Section 5 of the Unemployment Compensation Extension Act of
2008 (Public Law 110-449; 26 U.S.C. 3304 note) is amended by striking
``April 30, 2011'' and inserting ``June 10, 2012''.
(b) Funding.--Section 4004(e)(1) of the Supplemental Appropriations
Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended--
(1) in subparagraph (E), by striking ``and'' at the end;
and
(2) by inserting after subparagraph (F) the following:
``(G) the amendments made by section 2(a)(1) of the
Emergency Unemployment Benefits Extension Act of 2010;
and''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of the Unemployment Compensation
Extension Act of 2010 (Public Law 111-205).
SEC. 3. TEMPORARY MODIFICATION OF INDICATORS UNDER THE EXTENDED BENEFIT
PROGRAM.
(a) Indicator.--Section 203(d) of the Federal-State Extended
Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) is amended,
in the flush matter following paragraph (2), by inserting after the
first sentence the following sentence: ``Effective with respect to
compensation for weeks of unemployment beginning after the date of
enactment of the Emergency Unemployment Benefits Extension Act of 2010
(or, if later, the date established pursuant to State law), and ending
on or before December 31, 2011, the State may by law provide that the
determination of whether there has been a state `on' or `off' indicator
beginning or ending any extended benefit period shall be made under
this subsection as if the word `two' were `three' in subparagraph
(1)(A).''.
(b) Alternative Trigger.--Section 203(f) of the Federal-State
Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) is
amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) Effective with respect to compensation for weeks of
unemployment beginning after the date of enactment of the Emergency
Unemployment Benefits Extension Act of 2010 (or, if later, the date
established pursuant to State law), and ending on or before December
31, 2011, the State may by law provide that the determination of
whether there has been a state `on' or `off' indicator beginning or
ending any extended benefit period shall be made under this subsection
as if the word `either' were `any', the word `both' were `all', and the
figure `2' were `3' in clause (1)(A)(ii).''.
SEC. 4. RESCISSION OF UNSPENT FEDERAL FUNDS TO OFFSET LOSS IN REVENUES.
(a) In General.--Notwithstanding any other provision of law, of all
available unobligated funds, $95,000,000,000 in appropriated
discretionary funds are hereby permanently rescinded.
(b) Implementation.--The Director of the Office of Management and
Budget shall determine and identify from which appropriation accounts
the rescission under subsection (a) shall apply and the amount of such
rescission that shall apply to each such account. Not later than 60
days after the date of the enactment of this Act, the Director of the
Office of Management and Budget shall submit a report to the Secretary
of the Treasury and Congress of the accounts and amounts determined and
identified for rescission under the preceding sentence.
(c) Exception.--This section shall not apply to the unobligated
funds of the Department of Defense or the Department of Veterans
Affairs.
SEC. 5. BUDGETARY PROVISIONS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled `Budgetary Effects of PAYGO
Legislation' for this Act, jointly submitted for printing in the
Congressional Record by the Chairmen of the House and Senate Budget
Committees, provided that such statement has been submitted prior to
the vote on passage in the House acting first on this conference report
or amendment between the Houses. | Emergency Unemployment Benefits Extension Act of 2010 - Amends the Supplemental Appropriations Act, 2008 with respect to the state-established individual emergency unemployment compensation account (EUCA). Extends the final date for entering a federal-state agreement under the Emergency Unemployment Compensation (EUC) program through January 3, 2012. Postpones the termination of the program until June 9, 2012.
Amends the Assistance for Unemployed Workers and Struggling Families Act to extend until January 4, 2012, requirements that federal payments to states cover 100% of EUC.
Amends the Unemployment Compensation Extension Act of 2008 to exempt weeks of unemployment between enactment of this Act and June 10, 2012, from the prohibition in the Federal-State Extended Unemployment Compensation Act of 1970 against federal matching payments to a state for the first week in an individual's eligibility period for which extended compensation or sharable regular compensation is paid if the state law provides for payment of regular compensation to an individual for his or her first week of otherwise compensable unemployment. (Thus allows temporary federal matching for the first week of extended benefits for states with no waiting period.)
Amends the Federal-State Extended Unemployment Compensation Act of 1970 to authorize a state by law to apply certain requirements of the Act, with specified substitutions, for determining an extended unemployment compensation period. Requires the state's "on" and "off" indicators to be based on its rate of insured unemployment and rate of total unemployment for the period between enactment of this Act (or, if later, the date established pursuant to state law), and ending on or before December 31, 2011.
Rescinds permanently, out of all available unobligated federal funds, $95 billion in appropriated discretionary funds.
Requires the Director of the Office of Management and Budget (OMB) to identify and report to the Secretary of the Treasury and Congress on which appropriation accounts the rescission shall apply from, including amounts. Exempts from rescission any unobligated funds of the Department of Defense (DOD) or the Department of Veterans Affairs (VA). | {"src": "billsum_train", "title": "A bill to extend emergency unemployment benefits without adding to the Federal budget deficit, and for other purposes."} | 1,304 | 460 | 0.535336 | 1.711436 | 0.727 | 2.774936 | 2.841432 | 0.785166 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pipeline Revolving Fund and Job
Creation Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Pipeline and Hazardous Materials Safety
Administration.
(2) State.--The term ``State'' means--
(A) a State; and
(B) the District of Columbia.
(3) State loan fund.--The term ``State loan fund'' means a
pipeline replacement revolving loan fund established by a State
under section 3(a)(2)(B).
SEC. 3. STATE REVOLVING LOAN FUNDS.
(a) Grants to States To Establish Loan Funds.--
(1) In general.--The Administrator shall offer to enter
into agreements with eligible States to make capitalization
grants, including letters of credit, to the States under this
subsection to repair or replace natural gas distribution
pipelines.
(2) Eligibility.--To be eligible to receive a
capitalization grant under this section, a State shall--
(A) enter into a capitalization agreement with the
Administrator under paragraph (1); and
(B) establish a pipeline replacement revolving loan
fund.
(3) Deposit.--Funds granted to a State under this section
shall be deposited in the State loan fund established by the
State.
(4) Period.--The funds granted to a State shall be
available to the State for obligation during the fiscal year
for which the funds are authorized and during the following
fiscal year.
(5) Allotment.--Funds made available to carry out this
section shall be allotted to States at the discretion of the
Administrator.
(6) Reallotment.--Any funds not obligated by a State by the
last day of the period for which the grants are available shall
be reallotted in accordance with paragraph (5).
(b) Use of Funds.--
(1) In general.--Amounts deposited in a State loan fund,
including loan repayments and interest earned on the amounts,
shall be used only for providing loans or loan guarantees or as
a source of reserve and security for leveraged loans.
(2) Limitations.--
(A) In general.--Loans or loan guarantees made by a
State under paragraph (1)--
(i) may be used only for expenditures of a
type or category that the Administrator has
determined, through guidance, will--
(I) facilitate compliance with a
plan submitted under subsection (c); or
(II) otherwise significantly
further the replacement or repair of
natural gas distribution pipelines that
have been identified as leak-prone; and
(ii) may not be used for the acquisition of
real property or an interest in real property,
unless the acquisition is--
(I) integral to a plan submitted
under subsection (c); and
(II) from a willing seller.
(B) Buying american.--
(i) In general.--The Administrator shall
ensure, through guidance, that, to the maximum
extent practicable, none of the funds from a
loan or loan guarantee made by a State under
paragraph (1) are used to repair or replace
natural gas distribution pipelines unless all
of the iron, steel, plastic, and manufactured
goods used in the repair or replacement are
produced in the United States.
(ii) Waiver.--Clause (i) shall not apply in
any case or category of cases in which the
Administrator finds that--
(I) applying that clause would be
inconsistent with the public interest;
(II) iron, steel, plastic, or the
applicable manufactured goods are not
produced in the United States in
sufficient and reasonably available
quantities and of a satisfactory
quality; or
(III) inclusion of iron, steel,
plastic, and manufactured goods
produced in the United States will
increase the cost of the overall repair
or replacement by more than 25 percent.
(iii) Publication.--If the Administrator
determines that it is necessary to waive the
application of clause (i) based on a finding
under clause (ii), the Administrator shall
publish in the Federal Register a detailed
written justification as to why the provision
is being waived.
(iv) Applicability.--This section shall be
applied in a manner consistent with United
States obligations under international
agreements.
(c) Intended Use Plans.--
(1) In general.--After providing for public review and
comment, each State that has entered into a capitalization
agreement pursuant to this section shall annually prepare a
plan that identifies the intended uses of the amounts available
from the State loan fund of the State.
(2) Contents.--An intended use plan shall include--
(A) a list of the projects to be carried out by
entities receiving the loans in the first fiscal year
that begins after the date of the plan, including a
description of the project;
(B) the criteria and methods established for the
use of funds; and
(C) a description of the financial status of the
State loan fund and the short- and long-term goals of
the State loan fund.
(3) List of projects.--Each State shall, after notice and
opportunity for public comment, publish and periodically update
a list of projects in the State that are eligible for
assistance under this section, including the priority assigned
to each project and, to the maximum extent practicable, the
expected funding schedule for each project and, if possible, an
estimate of expected reductions in greenhouse gas emissions for
the project.
(d) Fund Management.--
(1) In general.--Each State loan fund under this section
shall be established, maintained, and credited with repayments
and interest and the fund corpus shall be available in
perpetuity in accordance with this section.
(2) Investment authorized.--To the extent amounts in the
fund are not required for current obligation or expenditure,
the amounts shall be invested in interest bearing obligations.
(e) State Contributions.--Each capitalization agreement entered
into pursuant to this section shall require that the State deposit in
the State loan fund from State moneys an amount equal to not less than
20 percent of the total amount of the grant to be made to the State on
or before the date on which the grant payment is made to the State.
(f) Administration of State Loan Fund.--
(1) In general.--Each State may annually use not greater
than 4 percent of the funds allotted to the State under this
section to cover the reasonable costs of administration of the
programs under this section, including the recovery of
reasonable costs expended to establish a State loan fund that
are incurred after the date of enactment of this Act.
(2) Guidance and regulations.--The Administrator shall
issue guidance and promulgate regulations as are necessary to
carry out this section, including guidance and regulations--
(A) to ensure that each State commits and expends
funds allotted to the State under this section as
efficiently as practicable in accordance with this
section and applicable State law;
(B) to prevent waste, fraud, and abuse; and
(C) to ensure that the States receiving grants
under this section use accounting, audit, and fiscal
procedures that conform to generally accepted
accounting standards.
(3) State report.--Each State administering a State loan
fund under this section shall submit to the Administrator a
report every 2 years on the activities carried out under this
section, including the findings of the most recent audit of the
fund and the entire State allotment.
(4) Audits.--The Administrator shall periodically audit all
State loan funds established by, and all other amounts allotted
to, the States pursuant to this section in accordance with
procedures established by the Comptroller General of the United
States.
(g) Applicability of Federal Law.--
(1) In general.--The Administrator shall ensure that all
laborers and mechanics employed on projects funded directly, or
assisted in whole or in part, by this Act and contributed to a
State loan fund established by this Act shall be paid wages at
rates not less than those prevailing on projects of a character
similar in the locality as determined by the Secretary of Labor
in accordance with subchapter IV of chapter 31 of part A of
subtitle II of title 40, United States Code.
(2) Authority.--With respect to the labor standards
specified in paragraph (1), the Secretary of Labor shall have
the authority and functions set forth in Reorganization Plan
Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section
3145 of title 40, United States Code.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this Act such sums as are necessary for each of fiscal years 2016
through 2026.
(b) Limitation.--Only sums appropriated pursuant to subsection (a)
may be used to carry out this Act. | Pipeline Revolving Fund and Job Creation Act Directs the Administrator of the Pipeline and Hazardous Materials Safety Administration to offer to enter into agreements to make capitalization grants, including letters of credit, to eligible states for the repair or replacement of natural gas distribution pipelines. Requires grant funds to be deposited into state revolving loan funds to provide loans or loan guarantees to: (1) facilitate compliance with an intended use plan, or (2) repair or replace those pipelines that have been identified as leak-prone. Prohibits the use of funds from loans or loan guarantees made by a state to repair or replace natural gas distribution pipelines unless all of the iron, steel, plastic, and manufactured goods used in the repair or replacement are produced in the United States (Buy America). | {"src": "billsum_train", "title": "Pipeline Revolving Fund and Job Creation Act"} | 1,942 | 167 | 0.617632 | 1.803493 | 0.788466 | 4.32 | 11.926667 | 0.946667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Employment Dispute
Resolution Act of 2001 (NEDRA)''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The prohibitive costs and emotional toll of litigation
as well as the growing backlog of employment civil rights
claims and lawsuits has impeded the protection and enforcement
of workplace civil rights.
(2) Mediation is an economical, participatory, and
expeditious alternative to traditional, less cooperative
methods of resolving employment disputes.
(3) Mediation enables disputants to craft creative
solutions and settlements, surpassing the reach of traditional
remedies, thereby possibly protecting the continuity of the
employment relationship.
(4) As we enter the new millennium, a national program of
directed or required participation in mediation where any
settlement is voluntary mandated mediation for certain
employment and contract disputes, will help fulfill the goal of
equal opportunity in work and business places of the United
States.
(5) Overt and subtle discrimination still exists in our
society and in the workplace.
(6) Overt and subtle forms of discrimination cause
substantial measurable economic and noneconomic costs to
employers and the American workforce, create a barrier to fully
realizing equal opportunity in the workplace, and are contrary
to public policy promoting equal opportunity in the workplace.
(b) Purposes.--The purposes of this Act are--
(1) to establish a fair and effective alternative means by
which employees and covered employers may have an increased
likelihood of resolving both alleged overt and subtle forms or
acts of discrimination without the necessity of the employee
taking some form of legal action against the employer,
(2) in accordance with the various public policies
encouraging the use of mediation, to make mediation available
at an early stage of an employment dispute, thus--
(A) possibly reducing economic and noneconomic
costs,
(B) preserving the employment relationship and
decreasing acrimony, and
(C) decreasing the filing of a number of formal
discrimination complaints, charges, and lawsuits and
further burdening our public justice system, and
(3) to provide that the participation in mediation shall
not preclude either the employee-disputant or covered employer-
disputant from having access to the public justice system.
SEC. 3. AMENDMENTS TO TITLE VII OF THE CIVIL RIGHTS ACT OF 1964.
(a) Federal Employees.--Title VII of the Civil Rights Act of 1964
(42 U.S.C. 2000e et seq.) is amended--
(1) in section 706(a) by inserting after the 7th sentence
the following:
``Regardless of whether the Commission makes an investigation under
this subsection, the Commission shall provide counseling services
regarding, and endeavor to responsibly address and resolve, claims of
unlawful discrimination using certified contract mediators.'', and
(2) in section 711(a) by adding at the end the following:
``Every employer, employment agency, and labor organization shall
provide to each employee and each member, individually, a copy of the
materials required by this section to be so posted.''.
(b) Office of Federal Contract Compliance.--Section 718 of the
Civil Rights Act of 1964 (42 U.S.C. 2000e-17) is amended--
(1) by inserting ``(a)'' after ``Sec. 718'', and
(2) by adding at the end the following:
``(b) The Office of Federal Contract Compliance shall endeavor to
responsibly address and resolve any alleged discrimination using
mediation with respect to which this section applies.
``(c) An employer who establishes, implements an approved internal
conflict management program or system providing the use of a certified
mediator participates in mediation under this section shall be given
preferred status in contract bidding for additional and for maintaining
current Federal Government contracts.
``(d) An employer who is a party to a Government contract or the
agency of the United States shall assume the costs of mediation under
this section, including the fees of the mediator and any travel and
lodging expenses of the employee, if such travel exceeds 25 miles, one
way. Any settlement shall include, among other things, any appropriate
and reasonable attorney fees.
``(e) Retaliation by an employer who is a party to a Government
contract or the agency of the United States, or the destruction of
evidence, shall result in the imposition of appropriate civil or
criminal sanctions. The participation in mediation shall be at the
option of the employee. The participation in mediation shall not
preclude the employee's access to any State, local, or Federal EEO
enforcement agency or any State or Federal court.
``(f) The Office of Federal Contract Compliance shall have
authority over employers who are parties to Government contracts that
fail to comply with this section. Failure to comply shall result in the
loss of a current Government contract and disqualification from
consideration for future Government contracts.
``(g) No resolution by the disputants may contravene the provisions
of a valid collective bargaining agreement between an employer who is a
part to a Government contract and a labor union or certified bargaining
representative. Any voluntary settlement outcome and agreement may not
be in conflict with the collective bargaining agreement.''.
SEC. 4. AMENDMENTS TO THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967.
The Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et
seq.) is amended--
(1) in section 7(e) by inserting after the 2d sentence the
following:
``The Commission shall provide counseling services regarding, and
endeavor to responsibly address and resolve, claims of unlawful
discrimination using certified contract mediators.'', and
(2) in section 8 by adding at the end the following:
``Every employer, employment agency, and labor organization shall
provide to each employee and each member, individually, a copy of the
materials required by this section to be so posted.''.
SEC. 5. AMENDMENT TO AMERICANS WITH DISABILITIES ACT OF 1990.
Section 107(a) of the Americans with Disabilities Act of 1990 (42
U.S.C. 12117(a)) is amended by adding at the end the following: ``The
Commission shall provide counseling services regarding, and endeavor to
responsibly address and resolve, claims of unlawful discrimination
using certified contract mediators.''.
SEC. 6. MEDIATION.
(a) Definitions.--For purposes of this section:
(1) The term ``employer'' means any Federal agency
(including Federal courts) or business enterprise receiving
Federal funds of $200,000 or greater or having 20 or more
employees.
(2) The term ``mediator'' means any neutral, third-party,
including an attorney and a nonattorney, who is trained in the
mediation process and has a demonstrable working knowledge in
relevant EEO and employment law, including a third party who
is--
(A) appointed or approved by a competent court, the
Equal Employment Opportunity Commission, a certified
mediation center, or a university, or
(B) jointly chosen by the disputants.
(3) The term ``trained mediation professional'' means a
person who--
(A) has participated in employment mediation
training of 40 or more hours, or
(B) has co-mediated with or been supervised by
another trained certified mediation professional for at
least three employment or contract dispute cases of no
fewer than 15 hours.
(4) The term ``certified mediation center'' includes any
private or public entity that is qualified to facilitate the
employment or contract mediation process and provide training
on employment and contract dispute resolution, including, but
not limited to, the American Arbitration Association, the
American Bar Association, the Center for Employment Dispute
Resolution, CPR Conflict Institute, JAMS/Endispute, United
States Arbitration and Mediation, Inc., Institute on Conflict
Resolution at Cornell University, and the Society of
Professionals in Dispute Resolution.
(b) Requirements.--(1) All employers shall--
(A) establish an internal dispute resolution program or
system that provides, as a voluntary option, employee-disputant
access to external third-party certified mediators,
(B) participate in mediation if the employee has exhausted
the internal dispute resolution program or system and has
formally requested mediation without the filing of a charge or
lawsuit, and
(C) participate in mediation if the claimant has filed a
charge or lawsuit and the claimant formally requests mediation.
(2) While the mediation settlement outcome would be voluntary, the
employer shall participate in mediation where the employee-disputant
has expressed a desire to mediate.
(3) Under all circumstances, the employee-disputant is entitled to
legal representation.
(4) Employers shall inform employee-disputants of the mediation
alternative and their respective rights thereof, and the employee-
disputant would have 30 days in which to decide whether to participate
in mediation.
(5) When an employee-disputant voluntarily agrees to participate in
the mediation process, any applicable statute of limitations shall be
tolled, and the private tolling agreement shall be enforceable in any
court of competent jurisdiction.
(6) The employee and employer disputants shall not have more than
90 days within which to resolve the dispute.
(7) Should mediation prove unsuccessful, the employer shall again
inform the employee-disputant of their rights, in writing including the
right to pursue the matter under any applicable State, county, local
ordinance, or Federal statutes.
(8) Consistent with section 705 of the Civil Rights Act of 1964,
the Equal Employment Opportunity Commission, and any State or local
authority involved in proceedings described in section 706, shall offer
technical assistance to any unrepresented or self-represented party,
provided that a formal complaint has been filed with the Commission or
such authority. Such assistance shall include, but not be limited to--
(A) pre-mediation counseling,
(B) assistance in understanding the status of relevant case
law,
(C) assistance in what would be the appropriate remedy if
the instant claim were to be found to have merit, and
(D) assistance in drafting any post-mediation settlement
agreement or resolution.
(9) Submission of a claim for mediation shall not preclude either
the claimant or respondent from seeking other appropriate relief on
that claim, except that neither party shall seek other relief until the
mediation process has concluded.
(10) Any settlement as a result of the mediation process shall be
strictly voluntary and remain confidential except for research and
evaluation purposes.
(11) In every case, the privacy, privilege, and confidentiality of
all parties to the dispute shall be preserved, including complaint
intake personnel and mediation consultations.
(c) Attorney's Obligation To Advise Clients of Mediation.--For the
purposes of this Act and all of the other related statutes, attorneys
and consultants are legally obliged to advise their clients of the
existence of the mediation alternative and their obligations under the
Act to participate in mediation in ``good faith''.
(d) Judicial Enforcement.--Either party to a mediation agreement to
bring an action of enforcement in a Federal district court of competent
jurisdiction, however any matter discussed or material presented during
mediation shall not be used in any subsequent local, State, or Federal
administrative or court proceeding. The confidential provisions of any
internal conflict management program or system or agreement to
mediations shall be immune from attack by any third party. | National Employment Dispute Resolution Act of 2001 (NEDRA) - Amends title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, and the Americans with Disabilities Act of 1990 to require the pertinent agency or entity to: (1) provide counseling services regarding, and endeavor to address and resolve, claims of unlawful discrimination using certified contract mediators; and (2) disseminate information regarding such services to employees and members.Mandates that any Federal agency or court (or business enterprise receiving $20,000 or more in Federal funds, or having 20 or more employees): (1) establish an internal dispute resolution mechanism that provides, as a voluntary option, employee-disputant access to external third-party certified mediators; and (2) participate in mediation in specified circumstances. Prescribes mediation guidelines.States that attorneys and consultants are legally obligated to advise their clients of the mediation alternative and their obligations to participate in "good faith". | {"src": "billsum_train", "title": "To amend title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act of 1990, the Vocational Rehabilitation Act of 1973, and the Civil Rights Act of 1991, to require the Equal Employment Opportunity Commission to mediate employee claims arising under such Acts, and for other purposes."} | 2,447 | 206 | 0.587332 | 1.993012 | 0.685461 | 4.478261 | 12.641304 | 0.902174 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Start-up Savings
Accounts Act of 2016''.
SEC. 2. ESTABLISHMENT OF SMALL BUSINESS START-UP SAVINGS ACCOUNTS.
(a) In General.--Subpart A of part I of subchapter D of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 408A the following new section:
``SEC. 408B. SMALL BUSINESS START-UP SAVINGS ACCOUNTS.
``(a) General Rule.--Except as provided in this section, a Small
Business Start-up Savings Account shall be treated for purposes of this
title in the same manner as an individual retirement plan.
``(b) Small Business Start-Up Savings Account.--For purposes of
this title, the term `Small Business Start-up Savings Account' means an
individual retirement plan which is designated (in such manner as the
Secretary may prescribe) at the time of establishment of the plan as a
Small Business Start-up Savings Account.
``(c) Treatment of Contributions.--
``(1) No deduction allowed.--No deduction shall be allowed
under section 219 for a contribution to a Small Business Start-
up Savings Account.
``(2) Contribution limit.--
``(A) In general.--The aggregate amount of
contributions for any taxable year to all Small
Business Start-up Savings Accounts maintained for the
benefit of an individual shall not exceed $10,000.
``(B) Aggregate limitation.--The aggregate of the
amount of contributions for all taxable years with
respect to all Small Business Start-up Savings Accounts
maintained for the benefit of an individual shall not
exceed $150,000.
``(C) Cost of living adjustment.--
``(i) In general.--In the case of a taxable
year beginning after 2017, the $10,000 amount
in subparagraph (A) 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 2016' for
`calendar year 1992' in subparagraph
(B) thereof.
``(ii) Rounding.--If any amount as adjusted
under clause (i) is not a multiple of $500,
such amount shall be rounded to the next lowest
multiple of $500.
``(3) Contributions permitted after age 70\1/2\.--
Contributions to a Small Business Start-up Savings Account may
be made even after the individual for whom the account is
maintained has attained age 70\1/2\.
``(4) Rollovers from retirement plans not allowed.--A
taxpayer shall not be allowed to make a qualified rollover
contribution to a Small Business Start-up Savings Account from
any eligible retirement plan (as defined in section
402(c)(8)(B)), except as may be provided by the Secretary in
the case of a rollover from another Small Business Start-up
Savings Account.
``(5) Income based on modified adjusted gross income.--
``(A) In general.--In the case of a taxable year in
which the taxpayer's adjusted gross income exceeds
$150,000 ($300,000 in the case of a joint return), the
dollar amount in effect for such taxable year under
subsection (c)(2) shall be reduced (but not below zero)
by the amount determined under subparagraph (B).
``(B) Amount of reduction.--The amount determined
under this subparagraph shall be the amount which bears
the same ratio to such limitation as--
``(i) the excess of--
``(I) the taxpayer's adjusted gross
income for such taxable year, over
``(II) $150,000 ($300,000 in the
case of a joint return), bears to
``(ii) $25,000.
``(C) Modified adjusted gross income.--The term
`modified adjusted gross income' means the adjusted
gross income of the taxpayer for the taxable year
increased by any amount excluded from gross income
under section 911, 931, or 933.
``(d) Treatment of Distributions.--
``(1) Tax treatment.--
``(A) Exclusion of qualified distributions.--Any
qualified distribution from a Small Business Start-up
Savings Account shall not be includible in gross
income.
``(B) Inclusion of other distributions.--
Distributions from a Small Business Start-up Savings
Account which is not a qualified distribution shall be
included in gross income and, for purposes of section
1, treated as a net capital gain.
``(2) Qualified distribution.--For purposes of this
subsection, the term `qualified distribution' means, with
respect to any taxable year, any payment or distribution from a
Small Business Start-up Savings Account--
``(A) to the extent the amount of such payment or
distribution does not exceed the sum of--
``(i) the aggregate amounts paid or
incurred by the taxpayer for such taxable year
with respect to a trade or business for the
purchase of equipment or facilities, marketing,
training, incorporation, and accounting fees,
and
``(ii) the aggregate capital contributions
of the taxpayer with respect to a trade or
business for the taxable year (but only to the
extent such amounts are used in such trade or
business for purposes described in clause (i)),
and
``(B) which, in the case of a payment or
distribution subsequent to the first payment or
distribution from such account (or any predecessor to
such account)--
``(i) is made not later than the close of
the 5th taxable year beginning after the date
of such first payment or distribution, and
``(ii) is made with respect to the same
trade or business with respect to which such
first payment or distribution was made.
``(3) Treatment after death of account beneficiary.--If, by
reason of the death of the account beneficiary, any person
acquires the account beneficiary's interest in a Small Business
Start-up Savings Account--
``(A) such account shall cease to be a Small
Business Start-up Savings Account as of the date of
death, and
``(B) an amount equal to the fair market value of
the assets in such account on such date shall be
includible--
``(i) in the case of a person who is not
the estate of such beneficiary, in such
person's gross income for the taxable year
which includes such date, or
``(ii) in the case of a person who is the
estate of such beneficiary, in such
beneficiary's gross income for the last taxable
year of such beneficiary.
``(C) Special rules.--
``(i) Reduction of inclusion for predeath
expenses.--The amount includible in gross
income under subparagraph (B) shall be reduced
by the amounts described in paragraph (2) which
were incurred by the decedent before the date
of the decedent's death and paid by such person
within 1 year after such date.
``(ii) Deduction for estate taxes.--An
appropriate deduction shall be allowed under
section 691(c) to any person (other than the
decedent) with respect to amounts included in
gross income under clause (i) by such person.
``(4) Mandatory distribution rules not to apply.--Section
401(a)(9)(A) and the incidental death benefit requirements of
section 401(a) shall not apply to any Small Business Start-up
Savings Account.''.
(b) Excess Contributions.--Section 4973 of such Code is amended by
adding at the end the following new subsection:
``(i) Excess Contributions to Small Business Start-Up Savings
Accounts.--For purposes of this section, in the case of contributions
to all Small Business Start-up Savings Accounts (within the meaning of
section 408B(b)) maintained for the benefit of an individual, the term
`excess contributions' means the sum of--
``(1) the excess (if any) of--
``(A) the amount contributed to such accounts for
the taxable year, over
``(B) the amount allowable as a contribution under
section 408B(c)(2)(A) for such taxable year, and
``(2) the amount determined under this subsection for the
preceding taxable year, reduced by the sum of--
``(A) the distributions out of the accounts for the
taxable year, and
``(B) the excess (if any) of--
``(i) the maximum amount allowable as a
contribution under section 408B(c)(2)(A) for
such taxable year, over
``(ii) the amount contributed to such
accounts for such taxable year, and
``(3) the excess (if any) of--
``(A) the excess (if any) of--
``(i) the aggregate amounts contributed to
such accounts for all taxable years, over
``(ii) the aggregate amount allowable as
contributions under section 408B(c)(2)(B) for
all taxable years, over
``(B) the amount determined under this paragraph
for all preceding taxable years.''.
(c) Conforming Amendment.--The table of sections for subpart A of
part I of subchapter D of chapter 1 of such Code is amended by
inserting after the item relating to section 408A the following new
item:
``Sec. 408B. Small Business Start-up Savings Accounts.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2016. | Small Business Start-up Savings Accounts Act of 2016 This bill amends the Internal Revenue Code to provide for tax-preferred Small Business Start-up Savings Accounts to pay for trade or business expenses, including the purchase of equipment or facilities, marketing, training, incorporation, and accounting fees. The bill allows annual nondeductible contributions to such accounts of up to $10,000, subject to a $150,000 limit on total contributions to the account and adjustments for inflation after 2017. The bill sets forth rules for the tax treatment of contributions to and rollovers or distributions from the accounts, similar to rules governing individual retirement accounts (IRAs). Qualified distributions from the accounts are excluded from gross income. | {"src": "billsum_train", "title": "Small Business Start-up Savings Accounts Act of 2016"} | 2,207 | 147 | 0.610372 | 1.568099 | 0.681278 | 2.757576 | 14.954545 | 0.833333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Canadian River Project Prepayment
Act''.
SEC. 2. DEFINITIONS.
For the purposes of this Act:
(1) The term ``Authority'' means the Canadian River
Municipal Water Authority, a conservation and reclamation
district of the State of Texas.
(2) The term ``Canadian River Project Authorization Act''
means the Act entitled ``An Act to authorize the construction,
operation, and maintenance by the Secretary of the Interior of
the Canadian River reclamation project, Texas'', approved
December 29, 1950 (chapter 1183; 64 Stat. 1124).
(3) The term ``Project'' means all of the right, title and
interest in and to all land and improvements comprising the
pipeline and related facilities of the Canadian River Project
authorized by the Canadian River Project Authorization Act.
(4) The term ``Secretary'' means the Secretary of the
Interior.
SEC. 3. PREPAYMENT AND CONVEYANCE OF PROJECT.
(a) In General.--(1) In consideration of the Authority accepting
the obligation of the Federal Government for the Project and subject to
the payment by the Authority of the applicable amount under paragraph
(2) within the 360-day period beginning on the date of the enactment of
this Act, the Secretary shall convey the Project of the Authority, as
provided in section 2(c)(3) of the Canadian River Project Authorization
Act (64 Stat. 1124).
(2) For purposes of paragraph (1), the applicable amount shall be--
(A) $33,600,000 if payment is made by the Authority within
the 270-day period beginning on the date of enactment of this
Act; or
(B) the amount specified in subparagraph (A) adjusted to
include interest on that amount since the date of the enactment
of this Act at the appropriate Treasury bill rate for an
equivalent term, if payment is made by the Authority after the
period referred to in subparagraph (A).
(3) If payment under paragraph (1) is not made by the Authority
within the period specified in paragraph (1), this Act shall have no
force or effect.
(b) Financing.--Nothing in this Act shall be construed to affect
the right of the Authority to use a particular type of financing.
SEC. 4. RELATIONSHIP TO EXISTING OPERATIONS.
(a) In General.--Nothing in this Act shall be construed as
significantly expanding or otherwise changing the use or operation of
the Project from its current use and operation.
(b) Future Alterations.--If the Authority alters the operations or
uses of the Project it shall comply with all applicable laws or
regulations governing such alteration at that time.
(c) Recreation.--The Secretary of the Interior, acting through the
National Park Service, shall continue to operate the Lake Meredith
National Recreation Area at Lake Meredith.
(d) Flood Control.--The Secretary of the Army, acting through the
Corps of Engineers, shall continue to prescribe regulations for the use
of storage allocated to flood control at Lake Meredith as prescribed in
the Letter of Understanding entered into between the Corps, the Bureau
of Reclamation, and the Authority in March and May 1980.
(e) Sanford Dam Property.--The Authority shall have an unrestricted
right to occupy and use without cost the property retained by the
Bureau of Reclamation at Sanford Dam and all buildings constructed by
the United States thereon for use as the Authority's headquarters and
maintenance facility. Buildings constructed by the Authority on such
property, or past or future additions to Government-constructed
buildings, shall be allowed to remain on the property without
restriction.
SEC. 5. RELATIONSHIP TO CERTAIN CONTRACT OBLIGATIONS.
(a) Payment Obligations Extinguished.--Provision of consideration
by the Authority in accordance with section 3(b) shall extinguish all
payment obligations under contract numbered 14-06-500-485 between the
Authority and the Secretary.
(b) Operation and Maintenance Costs.--After completion of the
conveyance provided for in section 3, the Authority shall have full
responsibility for the cost of operation and maintenance of Sanford
Dam, and shall continue to have full responsibility for operation and
maintenance of the Project pipeline and related facilities.
(c) General.--Rights and obligations under the existing contract
No. 14-06-500-485 between the Authority and the United States, other
than provisions regarding repayment of construction charge obligation
by the Authority and provisions relating to the Project aqueduct, shall
remain in full force and effect for the remaining term of the contract.
SEC. 6. RELATIONSHIP TO OTHER LAWS.
(a) Reclamation Laws.--Upon conveyance of the Project under this
Act, the Reclamation Act of 1902 (82 Stat. 388) and all Acts amendatory
thereof or supplemental thereto shall not apply to the Project.
SEC. 7. LIABILITY.
Except as otherwise provided by law, effective on the date of
conveyance of the Project under this Act, the United States shall not
be liable under any law for damages of any kind arising out of any act,
omission, or occurrence relating to the conveyed property. | Canadian River Project Prepayment Act - Directs the Secretary of the Interior to convey to the Canadian River Municipal Water Authority, Texas, the Canadian River Project, subject to: (1) the Authority accepting the obligations of the United States for the Project; and (2) Authority payment of a specified amount, within one year after enactment of this Act, which shall extinguish all payment obligations under a current contract.
Provides continued Federal authority for the operation of recreation and flood control in the Lake Meredith area.
Requires the Authority to have full responsibility for the operation and maintenance of the Sanford Dam, as well as Project pipeline and related facilities. | {"src": "billsum_train", "title": "Canadian River Project Prepayment Act"} | 1,153 | 138 | 0.555694 | 1.580384 | 0.628718 | 2.404762 | 8.246032 | 0.928571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iraq Troop Protection and Reduction
Act of 2007''.
SEC. 2. PURPOSE.
The purpose of this Act is to protect and reduce levels of United
States military forces in Iraq. If the President follows the provisions
of this Act, the United States should be able to complete a
redeployment of United States troops from Iraq by the end of the
current term in office of the President.
SEC. 3. LIMITATION ON UNITED STATES MILITARY FORCE LEVELS IN IRAQ
ABSENT SPECIFIC AUTHORIZATION BY CONGRESS.
(a) Purpose.--The purpose of this section is to limit the number of
United States military forces deployed in Iraq.
(b) Limitation.--Subject to subsection (c), the levels of United
States military forces in Iraq after the date of the enactment of this
Act may not exceed the levels of United States military forces in Iraq
as of January 1, 2007, unless specifically authorized by Congress in a
statute enacted after the date of the enactment of this Act.
(c) Waiver.--
(1) In general.--The President may waive the limitation in
subsection (b) if the President determines, and certifies to
Congress in writing, that the waiver is necessary to address an
emergency that threatens the national security of the United
States.
(2) Duration of waiver.--The levels of United States
military forces in Iraq may exceed the levels of United States
military forces in Iraq as of January 1, 2007, pursuant to a
waiver under this subsection only during the 60-day period
beginning on the date of the waiver unless otherwise
specifically authorized by Congress in a statute enacted after
the date of the waiver.
SEC. 4. LIMITATION ON UNITED STATES AID TO IRAQ FOR SECURITY AND
RECONSTRUCTION ABSENT SATISFACTION OF CERTAIN CONDITIONS
BY THE IRAQIS.
(a) Purpose.--The purpose of this section is to require that Iraqis
meet certain conditions within 90 days in order to continue receiving
United States funds for their security forces and for reconstruction.
(b) Limitation.--Commencing as of the date that is 90 days after
the date of the enactment of this Act, no appropriated funds may be
made available to the Government of Iraq for security purposes
(including for activities of the security forces of the Government or
Iraq and for private contractors employed by the Government of Iraq for
the discharge of security and security-related functions), or for
reconstruction, unless the President submits to Congress by such date
the certification described in subsection (c).
(c) Certification.--A certification described in this subsection is
a certification by the President with respect to the following:
(1) That the security forces of the Government of Iraq are
free of sectarian and militia influences.
(2) That the security forces of the Government of Iraq are
assuming greater responsibility for security in Iraq.
(3) If the President is unable to make a certification set
forth in paragraph (1) or (2), a certification by the President
that the security forces of the Government of Iraq are making
substantial progress toward achieving the objective otherwise
covered by the applicable paragraph will satisfy the
certification requirements of subsection (b).
(4) That the Government of Iraq provides for an equitable
distribution of the oil revenues of Iraq.
(5) That the constitution of Iraq has been modified or
amended to ensure civil rights for each ethnic community in
Iraq.
(6) That the Iraq Government has reversed the policy of
``de-Baathification'' in a manner that permits former lower-
level members of the Baath Party in Iraq to serve in the
Government of Iraq if such individuals do not pose a security
risk to the Government of Iraq or Iraq.
(7) That there has been significant progress made in
political accommodation among the ethnic and sectarian groups
in Iraq.
(d) Disapproval of Certification.--
(1) Disapproval.--Notwithstanding the submittal by the
President of a certification under subsection (c), the
limitation in subsection (b) shall be and continue in effect if
Congress enacts a joint resolution disapproving the
certification.
(2) Procedures for consideration of joint resolutions.--
(A) Joint resolution defined.--For purposes of this
subsection, the term ``joint resolution'' means only a
joint resolution introduced not later than 60 days
after the date on which a certification of the
President under subsection (c) is received by Congress,
the matter after the resolving clause of which is as
follows: ``That Congress disapproves the certification
of the President submitted to Congress under section
4(c) of the Iraq Troop Protection and Reduction Act of
2007.''.
(B) Procedures.--A joint resolution described in
paragraph (1) shall be considered in a House of
Congress in accordance with the procedures applicable
to joint resolutions under paragraphs (3) through (8)
of section 8066(c) of the Department of Defense
Appropriations Act, 1985 (as enacted by section 101(h)
of Public Law 98-473; 98 Stat. 1936).
SEC. 5. LIMITATION ON FURTHER UNITED STATES MILITARY PRESENCE IN IRAQ
ABSENT SATISFACTION OF CERTAIN CONDITIONS BY THE
PRESIDENT AND THE GOVERNMENT OF IRAQ AND THE PHASED
REDEPLOYMENT OF UNITED STATES FORCES FROM IRAQ.
(a) Purpose.--The purpose of this section is to require a new
authorization for use of United States military forces in Iraq unless
both the President and the Government of Iraq meet certain conditions
within 90 days, including the phased redeployment of United States
forces from Iraq.
(b) Limitation.--Notwithstanding any provision of the Authorization
for Use of Military Force Against Iraq Resolution of 2002 (Public Law
107-243) or any other provision of law, authority for the use of United
States military forces in Iraq shall cease on the date that is 90 days
after the date of the enactment of this Act unless--
(1) the President submits to Congress by such date the
certification described in subsection (c); or
(2) the continuing use of United States military forces in
Iraq after that date is specifically authorized by Congress in
a statute enacted after the date of the enactment of this Act.
(c) Certification.--A certification described in this subsection is
a certification by the President with respect to the following:
(1) That a phased redeployment of United States military
forces from Iraq has begun, in a manner consistent with any
limitations on aid for Iraq for security purposes in effect
under section 4, including the transition of United States
forces in Iraq to the limited presence and mission of--
(A) training Iraqi security forces;
(B) providing logistic support of Iraqi security
forces;
(C) protecting United States personnel and
infrastructure; and
(D) participating in targeted counter-terrorism
activities.
(2) That the United States has convened or is convening an
international conference so as to--
(A) more actively involve the international
community and Iraq's neighbors;
(B) promote a durable political settlement among
Iraqis;
(C) reduce regional interference in the internal
affairs of Iraq;
(D) encourage more countries to contribute to the
extensive needs in Iraq; and
(E) ensure that funds pledged for Iraq are
forthcoming.
(3) That the security forces of the Government of Iraq are
free of sectarian and militia influences.
(4) That the security forces of the Government of Iraq are
assuming greater responsibility for security in Iraq.
(5) That the Government of Iraq provides for an equitable
distribution of the oil revenues of Iraq.
(6) That the constitution of Iraq has been modified or
amended to ensure civil rights for each ethnic community in
Iraq.
(7) That the Iraq Government has reversed the policy of
``de-Baathification'' in a manner that permits former lower-
level members of the Baath Party in Iraq to serve in the
Government of Iraq if such individuals do not pose a security
risk to the Government of Iraq or Iraq.
(8) If the President is unable to make a certification on
any matter set forth in paragraphs (1) through (7), that
substantial progress is being made toward achieving the
objective otherwise covered by such paragraph.
(9) That there has been significant progress made in
political accommodation among the ethnic and sectarian groups
in Iraq.
(d) Disapproval of Certification.--
(1) Disapproval.--Notwithstanding the submittal by the
President of a certification under subsection (c), the
limitation in subsection (b) shall be and continue in effect if
Congress enacts a joint resolution disapproving the
certification.
(2) Procedures for consideration of joint resolutions.--
(A) Joint resolution defined.--For purposes of this
subsection, the term ``joint resolution'' means only a
joint resolution introduced not later than 60 days
after the date on which a certification of the
President under subsection (c) is received by Congress,
the matter after the resolving clause of which is as
follows: ``That Congress disapproves the certification
of the President submitted to Congress under section
5(c) of the Iraq Troop Protection and Reduction Act of
2007.''.
(B) Procedures.--A joint resolution described in
paragraph (1) shall be considered in a House of
Congress in accordance with the procedures applicable
to joint resolutions under paragraphs (3) through (8)
of section 8066(c) of the Department of Defense
Appropriations Act, 1985 (as enacted by section 101(h)
of Public Law 98-473; 98 Stat. 1936).
(e) Withdrawal of United States Military Forces.--The limitation in
subsection (b) shall not be construed to prohibit the presence and use
of United States military forces in Iraq after the effective date of
such limitation for force protection, force security, or similar
purposes during the withdrawal of United States military forces from
Iraq.
SEC. 6. LIMITATION ON USE OF FUNDS FOR DEPLOYMENT OF ADDITIONAL UNITED
STATES MILITARY FORCES IN IRAQ ABSENT AVAILABILITY OF
ADEQUATE EQUIPMENT AND TRAINING.
(a) Purposes.--The purposes of this section are--
(1) to ensure that our men and women in uniform who are
serving courageously in Iraq have the equipment and training
they need; and
(2) to prohibit the deployment of additional United States
military forces in Iraq unless such forces are adequately
equipped and trained.
(b) Limitation.--No funds may be obligated or expended for the
deployment of United States military forces to Iraq after the date of
the enactment of this Act unless the Secretary of Defense certifies to
Congress before such deployment that such forces are adequately
equipped and trained for the missions to be discharged by such forces
in Iraq. | Iraq Troop Protection and Reduction Act of 2007 - Prohibits, with a limited presidential national security waiver, U.S. military force levels in Iraq after the date of the enactment of this Act from exceeding such levels as of January 1, 2007.
Prohibits appropriations for security and reconstruction assistance to the government of Iraq 90 days after enactment of this Act unless the President provides Congress with a specified certification respecting Iraq's: (1) security forces; (2) oil revenue distribution; (3) civil rights and political accommodation concerning its ethnic and sectarian groups; and (4) policy towards the participation of former Baath party members in the Iraqi government.
Terminates authority for the use of U.S. military forces in Iraq 90 days after enactment of this Act unless the use of such forces is specifically authorized by Congress in a statute enacted after enactment of this Act or the President provides Congress with a specified certification respecting: (1) U.S. redeployment and mission transition; (2) Iraq's security forces; (3) oil revenue distribution; (4) civil rights and political accommodation concerning Iraq's ethnic and sectarian groups; (5) the participation of former Baath party members in the Iraqi government; and (6) the convening of an international conference on Iraq. States that the termination shall: (1) continue in effect if Congress enacts a joint resolution disapproving the President's certification; and (2) not be construed to prohibit the use of U.S. military forces in Iraq for force protection, force security, or similar purposes during the U.S. military withdrawal from Iraq.
Prohibits the obligation or expenditure of funds to deploy U.S. military forces to Iraq unless the Secretary of Defense certifies to Congress that such forces are adequately equipped and trained for their missions. | {"src": "billsum_train", "title": "A bill to set forth limitations on the United States military presence in Iraq and on United States aid to Iraq for security and reconstruction, and for other purposes."} | 2,396 | 398 | 0.661809 | 2.024372 | 0.756047 | 3.217262 | 6.470238 | 0.91369 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ojito Wilderness Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Map.--The term ``map'' means the map entitled ``Ojito
Wilderness Act'' and dated October 1, 2004.
(2) Pueblo.--The term ``Pueblo'' means the Pueblo of Zia.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) State.--The term ``State'' means the State of New
Mexico.
SEC. 3. DESIGNATION OF THE OJITO WILDERNESS.
(a) In General.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), there is hereby designated as wilderness,
and, therefore, as a component of the National Wilderness Preservation
System, certain land in the Albuquerque District-Bureau of Land
Management, New Mexico, which comprises approximately 11,183 acres, as
generally depicted on the map, and which shall be known as the ``Ojito
Wilderness''.
(b) Map and Legal Description.--The map and a legal description of
the wilderness area designated by this Act shall--
(1) be filed by the Secretary with the Committee on Energy
and Natural Resources of the Senate and the Committee on
Resources of the House of Representatives as soon as
practicable after the date of enactment of this Act;
(2) have the same force and effect as if included in this
Act, except that the Secretary may correct clerical and
typographical errors in the legal description and map; and
(3) be on file and available for public inspection in the
appropriate offices of the Bureau of Land Management.
(c) Management of Wilderness.--Subject to valid existing rights,
the wilderness area designated by this Act shall be managed by the
Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.) and this Act, except that, with respect to the wilderness area
designated by this Act, any reference in the Wilderness Act to the
effective date of the Wilderness Act shall be deemed to be a reference
to the date of enactment of this Act.
(d) Management of Newly Acquired Land.--If acquired by the United
States, the following land shall become part of the wilderness area
designated by this Act and shall be managed in accordance with this Act
and other applicable law:
(1) Section 12 of township 15 north, range 01 west, New
Mexico Principal Meridian.
(2) Any land within the boundaries of the wilderness area
designated by this Act.
(e) Management of Lands to Be Added.--The lands generally depicted
on the map as ``Lands to be Added'' shall become part of the wilderness
area designated by this Act if the United States acquires, or
alternative adequate access is available to, section 12 of township 15
north, range 01 west, New Mexico Principal Meridian.
(f) Release.--The Congress hereby finds and directs that the lands
generally depicted on the map as ``Lands to be Released'' have been
adequately studied for wilderness designation pursuant to section 603
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782)
and no longer are subject to the requirement of section 603(c) of such
Act (43 U.S.C. 1782(c)) pertaining to the management of wilderness
study areas in a manner that does not impair the suitability of such
areas for preservation as wilderness.
(g) Grazing.--Grazing of livestock in the wilderness area
designated by this Act, where established before the date of enactment
of this Act, shall be administered in accordance with the provisions of
section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)) and the
guidelines set forth in Appendix A of the Report of the Committee on
Interior and Insular Affairs to accompany H.R. 2570 of the One Hundred
First Congress (H. Rept. 101-405).
(h) Fish and Wildlife.--As provided in section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this section shall be
construed as affecting the jurisdiction or responsibilities of the
State with respect to fish and wildlife in the State.
(i) Water Rights.--
(1) Findings.--Congress finds that--
(A) the land designated as wilderness by this Act
is arid in nature and is generally not suitable for use
or development of new water resource facilities; and
(B) because of the unique nature and hydrology of
the desert land designated as wilderness by this Act,
it is possible to provide for proper management and
protection of the wilderness and other values of lands
in ways different from those used in other legislation.
(2) Statutory construction.--Nothing in this Act--
(A) shall constitute or be construed to constitute
either an express or implied reservation by the United
States of any water or water rights with respect to the
land designated as wilderness by this Act;
(B) shall affect any water rights in the State
existing on the date of enactment of this Act,
including any water rights held by the United States;
(C) shall be construed as establishing a precedent
with regard to any future wilderness designations;
(D) shall affect the interpretation of, or any
designation made pursuant to, any other Act; or
(E) shall be construed as limiting, altering,
modifying, or amending any of the interstate compacts
or equitable apportionment decrees that apportion water
among and between the State and other States.
(3) State water law.--The Secretary shall follow the
procedural and substantive requirements of the law of the State
in order to obtain and hold any water rights not in existence
on the date of enactment of this Act with respect to the
wilderness area designated by this Act.
(4) New projects.--
(A) Water resource facility.--As used in this
subsection, the term ``water resource facility''--
(i) means irrigation and pumping
facilities, reservoirs, water conservation
works, aqueducts, canals, ditches, pipelines,
wells, hydropower projects, and transmission
and other ancillary facilities, and other water
diversion, storage, and carriage structures;
and
(ii) does not include wildlife guzzlers.
(B) Restriction on new water resource facilities.--
Except as otherwise provided in this Act, on and after
the date of enactment of this Act, neither the
President nor any other officer, employee, or agent of
the United States shall fund, assist, authorize, or
issue a license or permit for the development of any
new water resource facility within the wilderness area
designated by this Act.
(j) Withdrawal.--Subject to valid existing rights, the wilderness
area designated by this Act, the lands to be added under subsection
(e), and lands identified on the map as the ``BLM Lands Authorized to
be Acquired by the Pueblo of Zia'' are withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(k) Exchange.--Not later than 3 years after the date of enactment
of this Act, the Secretary shall seek to complete an exchange for State
land within the boundaries of the wilderness area designated by this
Act.
SEC. 4. LAND HELD IN TRUST.
(a) In General.--Subject to valid existing rights and the
conditions under subsection (d), all right, title, and interest of the
United States in and to the lands (including improvements,
appurtenances, and mineral rights to the lands) generally depicted on
the map as ``BLM Lands Authorized to be Acquired by the Pueblo of Zia''
shall, on receipt of consideration under subsection (c) and adoption
and approval of regulations under subsection (d), be declared by the
Secretary to be held in trust by the United States for the Pueblo and
shall be part of the Pueblo's Reservation.
(b) Description of Lands.--The boundary of the lands authorized by
this section for acquisition by the Pueblo where generally depicted on
the map as immediately adjacent to CR906, CR923, and Cucho Arroyo Road
shall be 100 feet from the center line of the road.
(c) Consideration.--
(1) In general.--In consideration for the conveyance
authorized under subsection (a), the Pueblo shall pay to the
Secretary the amount that is equal to the fair market value of
the land conveyed, as subject to the terms and conditions in
subsection (d), as determined by an independent appraisal.
(2) Appraisal.--To determine the fair market value, the
Secretary shall conduct an appraisal paid for by the Pueblo
that is performed in accordance with the Uniform Appraisal
Standards for Federal Land Acquisitions and the Uniform
Standards of Professional Appraisal Practice.
(3) Availability.--Any amounts paid under paragraph (1)
shall be available to the Secretary, without further
appropriation and until expended, for the acquisition from
willing sellers of land or interests in land in the State.
(d) Public Access.--
(1) In general.--Subject to paragraph (2), the declaration
of trust and conveyance under subsection (a) shall be subject
to the continuing right of the public to access the land for
recreational, scenic, scientific, educational, paleontological,
and conservation uses, subject to any regulations for land
management and the preservation, protection, and enjoyment of
the natural characteristics of the land that are adopted by the
Pueblo and approved by the Secretary; Provided, that the
Secretary shall ensure that the rights provided for in this
paragraph are protected and that a process for resolving any
complaints by an aggrieved party is established.
(2) Conditions.--Except as provided in subsection (e)--
(A) the land conveyed under subsection (a) shall be
maintained as open space and the natural
characteristics of the land shall be preserved in
perpetuity; and
(B) the use of motorized vehicles (except on
existing roads or as is necessary for the maintenance
and repair of facilities used in connection with
grazing operations), mineral extraction, housing,
gaming, and other commercial enterprises shall be
prohibited within the boundaries of the land conveyed
under subsection (a).
(e) Rights of Way.--
(1) Existing rights of way.--Nothing in this section shall
affect--
(A) any validly issued right-of-way or the renewal
thereof; or
(B) the access for customary construction,
operation, maintenance, repair, and replacement
activities in any right-of-way issued, granted, or
permitted by the Secretary.
(2) New rights of way and renewals.--
(A) In general.--The Pueblo shall grant any
reasonable request for rights-of-way for utilities and
pipelines over the land acquired under subsection (a)
that is designated as the ``Rights-of-Way corridor #1''
in the Rio Puerco Resource Management Plan that is in
effect on the date of the grant.
(B) Administration.--Any right-of-way issued or
renewed after the date of enactment of this Act located
on land authorized to be acquired under this section
shall be administered in accordance with the rules,
regulations, and fee payment schedules of the
Department of the Interior, including the Rio Puerco
Resources Management Plan that is in effect on the date
of issuance or renewal of the right-of-way.
(f) Judicial Relief.--
(1) In general.--To enforce subsection (d), any person may
bring a civil action in the United States District Court for
the District of New Mexico seeking declaratory or injunctive
relief.
(2) Sovereign immunity.--The Pueblo shall not assert
sovereign immunity as a defense or bar to a civil action
brought under paragraph (1).
(3) Effect.--Nothing in this section--
(A) authorizes a civil action against the Pueblo
for money damages, costs, or attorneys fees; or
(B) except as provided in paragraph (2), abrogates
the sovereign immunity of the Pueblo. | Ojito Wilderness Act - (Sec. 3) Designates certain public land known as the Ojito Wilderness in New Mexico (wilderness area) as a component of the National Wilderness Preservation System.
Requires that the wilderness area be managed by the Secretary of the Interior in accordance with the Wilderness Act. Provides for the addition of specified land in New Mexico and any land within the boundaries of the wilderness area to the wilderness area if such land is acquired by the Federal Government.
Permits grazing of livestock in the wilderness area where grazing rights were established before the enactment of this Act. Prohibits anything in this Act from: (1) affecting the jurisdiction or responsibilities of New Mexico with respect to fish and wildlife in the State; (2) constituting a reservation by the United States of any water or water rights with respect to the land designated as wilderness by this Act; (3) affecting any water rights in the State existing on the date of enactment of this Act, including any water rights held by the United States; (4) establishing a precedent with regard to any future wilderness designations; or (5) affecting the interpretation of, or any designation made pursuant to, any other Act.
Declares that the Secretary shall follow the procedural and substantive requirements of the laws of the State in order to obtain and hold any water rights not in existence on enactment of this Act respecting the wilderness area.
Prohibits the President, or any other U.S. officer, employee, or agent from funding, assisting, authorizing, or issuing a license or permit for the development of any new water resource facility (as defined by this Act) within the wilderness area.
Directs the Secretary to seek an exchange for State land within the boundaries of the wilderness area within three years after enactment.
(Sec. 4) Requires the Secretary to hold in trust certain public lands for the Pueblo of Zia (Pueblo) and include such lands as part of the Pueblo's Reservation. Requires the Pueblo to pay the Secretary the fair market value (determined by an appraisal) of such public lands placed in trust. Authorizes the Secretary to use funds paid by the Pueblo to acquire non-Federal lands in New Mexico.
Preserves public access to Pueblo trust lands for recreational, scenic, scientific, educational, paleontological, and conservation uses.
Authorizes a civil action in the U.S. District Court for the District of New Mexico to enforce right of public access.
Preserves existing rights-of-way in the trust lands. Requires the Pueblo to grant any reasonable request for rights-of-way for utilities and pipelines in such lands. | {"src": "billsum_train", "title": "To designate the Ojito Wilderness Study Area as wilderness, to take certain land into trust for the Pueblo of Zia, and for other purposes."} | 2,773 | 617 | 0.628136 | 2.022753 | 0.677071 | 4.395257 | 4.87747 | 0.936759 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Capital Construction Fund Qualified
Withdrawal Act of 2003''.
SEC. 2. AMENDMENT OF THE MERCHANT MARINE ACT OF 1936 TO ENCOURAGE
RETIREMENT OF CERTAIN FISHING VESSELS AND PERMITS.
(a) In General.--Section 607(a) of the Merchant Marine Act, 1936
(46 U.S.C. App. 1177(a)) is amended by adding at the end the following:
``Any agreement entered into under this section may be modified for the
purpose of encouraging the sustainability of the fisheries of the
United States by making the termination and withdrawal of a capital
construction fund a qualified withdrawal if done in exchange for the
retirement of the related commercial fishing vessels and related
commercial fishing permits.''.
(b) New Qualified Withdrawals.--
(1) In general.--Section 607(f)(1) of the Merchant Marine
Act, 1936 (46 U.S.C. App. 1177(f)(1)) is amended--
(A) by striking ``for:'' and inserting
``for--'';
(B) by striking ``vessel'' in subparagraph (A) and
inserting ``vessel;'';
(C) by striking ``vessel, or'' in subparagraph (B)
and inserting ``vessel;'';
(D) by striking ``vessel.'' in subparagraph (C) and
inserting ``vessel;''; and
(E) by inserting after subparagraph (C) the
following:
``(D) the payment of an industry fee authorized by
the fishing capacity reduction program under section
312(b) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1861a(b));
``(E) in the case of any such person or shareholder
for whose benefit such fund was established with
respect to any vessel operated in the fisheries of the
United States, or any shareholder of such person, a
rollover contribution (within the meaning of section
408(d)(3) of the Internal Revenue Code of 1986) to such
person's or shareholder's individual retirement plan
(as defined in section 7701(a)(37) of such Code);
``(F) the payment of the net proceeds deposited
into the fund from a sale described in subsection
(b)(1)(C)(ii) to a person retiring related commercial
fishing vessels and permits;
``(G) the acquisition of a vessel monitoring system
as a safety improvement for a fishing vessel; or
``(H) the acquisition or construction of fishing
gear designed to minimize or avoid bycatch as required
under section 301(a)(9) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C.
1851(a)(9)).''.
(2) Reduction program sale proceeds allowed in determining
deposit ceiling.--Section 607(b)(1)(C) of such Act (46 U.S.C.
App. 1177(b)(1)(C)) is amended by striking ``or (ii)'' and
inserting ``(ii) the sale of any agreement vessel or fishing
permit retired through the fishing capacity reduction program
under section 312(b) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1861a(b)), or
(iii)''.
(3) Certain qualified withdrawals treated as withdrawn from
the capital account.--Section 607(e)(2)(B) of such Act (46
U.S.C. App. 1177(e)(2)(B)) is amended by adding at the end
``unless such portion represents gain from a sale described in
subsection (b)(1)(C)(ii) and is withdrawn for any purpose
provided under subparagraph (D), (E), or (F) of subsection
(f)(1),''.
(4) Secretary to ensure retirement of vessels and
permits.--The Secretary of Commerce by regulation shall
establish procedures to ensure that any person making a
qualified withdrawal authorized by section 607(f)(1)(F) of the
Merchant Marine Act, 1936 (46 U.S.C. App. 1177(f)(1)(F))
retires the related commercial use of fishing vessels and
commercial fishery permits.
(c) Conforming Amendments.--
(1) In general.--Section 7518(e)(1) of the Internal Revenue
Code of 1986 (relating to purposes of qualified withdrawals) is
amended--
(A) by striking ``for:'' and inserting
``for--'';
(B) by striking ``vessel, or'' in subparagraph (B)
and inserting ``vessel;'';
(C) by striking ``vessel.'' in subparagraph (C) and
inserting ``vessel;'';
(D) by inserting after subparagraph (C) the
following:
``(D) the payment of an industry fee authorized by
the fishing capacity reduction program under section
312 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1861a);
``(E) in the case of any person or shareholder for
whose benefit such fund was established with respect to
any vessel operated in the fisheries of the United
States, or any shareholder of such person, a rollover
contribution (within the meaning of section 408(d)(3))
to such person's or shareholder's individual retirement
plan (as defined in section 7701(a)(37));
``(F) the payment of the net proceeds deposited
into the fund from a sale described in subsection
(a)(1)(C)(ii) to a person retiring related commercial
fishing vessels and permits;
``(G) the acquisition of a vessel monitoring system
as a safety improvement for a fishing vessel; or
``(H) the acquisition or construction of fishing
gear designed to minimize or avoid bycatch as required
under section 301(a)(9) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C.
1851(a)(9)).''.
(2) Reduction program sale proceeds allowed in determining
deposit ceiling.--Section 7518(a)(1)(C) of such Code is amended
by striking ``or'' at the end of clause (i), by redesignating
clause (ii) as clause (iii), and by inserting after clause (i)
the following new clause:
``(ii) the sale of any agreement vessel or
fishing permit retired through the fishing
capacity reduction program under section 312(b)
of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1861a(b)), or''.
(3) Certain qualified withdrawals treated as withdrawn from
the capital account.--Section 7718(d)(2)(B) of such Code is
amended by adding at the end ``unless such portion represents
gain from a sale described in subsection (a)(1)(C)(ii) and is
withdrawn for any purpose provided under subparagraph (D), (E),
or (F) of subsection (e)(1),''.
(4) Secretary to ensure retirement of vessels and
permits.--The Secretary of the Treasury by regulation shall
establish procedures to ensure that any person making a
qualified withdrawal authorized by section 7518(e)(1)(F) of the
Internal Revenue Code of 1986 retires the related commercial
use of fishing vessels and commercial fishery permits referred
to therein.
(d) Effective Date.--The amendments made by this section shall
apply to withdrawals made after the date of enactment of this Act. | Capital Construction Fund Qualified Withdrawal Act of 2003 - Amends the Merchant Marine Act and the Internal Revenue Code to permit as qualified withdrawals from fishing capital construction funds money used by retiring fishermen for the following purposes: (1) retiring an owner's commercial fishing vessels and related commercial fishing permits; (2) making a rollover contribution into an owner's individual retirement plan; (3) making a payment of an industry fee authorized by the fishing capacity reduction program; (4) the acquisition of a vessel monitoring system as a safety improvement for a fishing vessel; and (5) the acquisition or construction of fishing gear designed to minimize or avoid bycatch. | {"src": "billsum_train", "title": "A bill to provide for qualified withdrawals from the Capital Construction Fund for fishermen leaving the industry and for the rollover of Capital Construction Funds to individual retirement plans, and for other purposes."} | 1,767 | 136 | 0.597269 | 1.546195 | 0.682771 | 3.992 | 11.328 | 0.936 |
That the Federal
Election Campaign Act of 1971 is amended by adding at the end thereof
the following new title:
``TITLE V--PUBLIC FINANCING OF ADVERTISING AND RELATED EXPENSES IN
CAMPAIGNS FOR THE HOUSE OF REPRESENTATIVES
``campaign allotments
``Sec. 501. (a) Each candidate in an election for the office of
Representative shall be entitled to--
``(1) an allotment of ninety minutes of television time,
divided as the candidate chooses provided that each appearance
on television is at least five minutes long;
``(2) an allotment of one hundred and thirty-five minutes
of radio time, divided as the candidate chooses provided that
each appearance on radio is at least five minutes long;
``(3) an allotment of one hundred and twenty-six column
inches or one page, whichever is greater, of newspaper
advertising, divided as the candidate chooses provided that no
individual advertisement uses less than ten column inches; or
``(4) an allotment of any costs incurred in the
installation of telephones and other equipment for a question-
and-answer format if such a format is used during the
candidate's allotted time on television or radio.
``(b) Payment shall be made for such allotments by the Secretary of
the Treasury, as provided in section 504.
``eligibility
``Sec. 502. (a) A candidate for the office of Representative may
become eligible to receive a campaign allotment under this title--
``(1) in the case of the allotments under paragraphs (1)
through (4) of section 501(a), by arranging in advance for each
advertisement that will be made on television, on radio, and in
newspapers, and each installation of telephones and other
equipment, and by submitting to the Commission, not later than
ten days before the election for which such advertisements are
made, a schedule of such advertisements and installations, as
provided in section 503(a); or
``(2) by certifying to the Commission, under penalty of
perjury, that such candidate will not make expenditures from
his personal funds, the personal funds of his immediate family
or funds donated to his campaign committee, for any of the
purposes for which such candidate accepts a campaign allotment
under this title.
``(b) A candidate who accepts any contribution from a
multicandidate political committee with respect to an election shall
not be eligible to receive a campaign allotment under this title with
respect to such election.
``submission of charges to the commission
``Sec. 503. (a)(1) The schedule required to be submitted by section
502(a)(1) shall include a separate listing for the television
allotment, the radio allotment, and the newspaper allotment, of--
``(A) the date and time of each advertisement within such
allotment;
``(B) the station or newspaper providing the time or space
for such advertisement;
``(C) the amount of time or space that will be used in such
advertisement;
``(D) the total amount of time or space that will be used
for television, radio, and newspaper advertising; and
``(E) with respect to a television or radio advertisement
involving the installation of telephones or other equipment,
the name of the company providing such installation, and the
cost of such installation.
``(2) Such schedule shall be in a form, as further prescribed by
the Commission, which provides for a ranking within each of the
television, radio, and newspaper allotments, of each advertisment. Each
candidate submitting a schedule shall rank such advertisements in order
of his preference, for purposes of any reduction of the maximum
allotments that may be required under section 504(a)(2).
``(b)(1) Each station, newspaper, or company providing time, space,
or service with respect to an allotment under paragraphs (1) through
(4) of section 501(a) shall submit a report of charges to the
Commission, as provided in paragraph (2). Such a station, newspaper, or
company shall be guaranteed payment under section 504 only if such
report is received by the Commission not later than ten days before the
election.
``(2)(A) The report required by paragraph (1) shall include, in the
case of an advertisement that will be broadcast or published, a listing
of--
``(i) the candidate for whom the time or space is provided;
``(ii) the date and time when each advertisement will be
broadcast or published;
``(iii) the amount of time or space used; and
``(iv) the charge made for such advertisement.
``(B) The report required by paragraph (1) shall include, in the
case of installation of telephones or equipment--
``(i) the candidate for whom the installation is made;
``(ii) the advertisement in connection with which such
equipment will be installed, identified by the date and time of
such advertisement, and the station or newspaper, providing the
time or space for such advertisement; and
``(iii) the charge for such installation.
``certification of charges to the secretary of the treasury
``Sec. 504. (a)(1)(A) The Commission shall certify to the Secretary
of the Treasury a charge included in a report submitted under section
503(b) for payment, as soon as practicable after the date on which
reports must be submitted under such section--
``(i) if such charge is listed in the schedule submitted by
the candidate for whom the time, space, or service is to be
provided, and there is no discrepancy between the information
relating to such charge provided with such report and provided
with the schedule under section 503(a);
``(ii) if such charge, as represented on such schedule, is
not for time or space in excess of the maximum allowed under
paragraph (1), (2), or (3) of section 501(a); and
``(iii) to the extent that the rate charged is not, in the
case of a television or radio station, in excess of the limits
imposed by section 315(b) of the Communications Act of 1934 (47
U.S.C. 315(b)), in the case of a newspaper, in excess of the
limits imposed by section 318(b), and in the case of a company
providing installation service, in excess of the amount charged
for comparable service in the district where such installation
is provided.
``(B) At the time of the certification of a charge under this
subsection the Commission shall immediately notify the station,
newspaper, or company that its charge has been certified and that
payment will be made by the Secretary of the Treasury not later than
thirty days from date of certification.
``(C)(i) In any case in which the Commission fails to certify a
charge because one of the conditions set forth in clause (i) or (ii) of
subparagraph (A) has not been met, the Commission shall immediately
notify the candidate and the station, newspaper, or company involved of
such action, and such parties shall be allowed ten days after such
notification to submit amended schedules and reports, in a manner
prescribed by the Commission.
``(ii) In any case in which the Commission fails to certify part of
a charge because it is excessive under clause (iii) of subparagraph
(A), it shall immediately notify the station or newspaper affected of
such action, and shall provide such station or newspaper with a
hearing.
``(D) The Commission shall certify any charge submitted later than
ten days before the election only to the extent that the time, space,
or service for which such charge is made does not exceed the limits
imposed by section 501(a).
``(2) The Commission shall certify charges to the Secretary of the
Treasury for payment under this subsection only to the extent provided
in appropriation Acts. If at the time that reports are required to be
submitted under section 503(b)(1) the total of all charges submitted
with respect to the allotments under paragraphs (1) through (4) of
section 501(a) exceeds the amount appropriated for such purposes, the
Commission shall certify charges as follows:
``(A) The Commission shall determine the percentage by
which the total amount of charges submitted must be reduced in
order to make such total equal to the amount appropriated.
``(B) The Commission shall reduce the amount of time and
space requested by each candidate for each allotment under
paragraphs (1) through (3) of section 501(a) by the percentage
determined under subparagraph (A), according to the ranking
made by each such candidate in his schedule.
``(C) The Commission shall certify the charges selected
under subparagraph (B) to the Secretary of the Treasury for
payment, and shall promptly notify each station, newspaper, and
company, and each candidate of such selections.
The determination, reduction, and notification shall, when required by
this section, be made by the Commission not later than three days after
the date on which reports are required to be submitted under section
503(b)(1).
``(3) There are authorized to be appropriated for each fiscal year
beginning with the fiscal year beginning on October 1, 1991, such funds
as are necessary to make the payments required by this subsection.
``(b)(1) The Commission shall certify to the Secretary of the
Treasury a charge under section 502(a)(2) for payment, as soon as
practicable after the candidate's certification is submitted to the
Commission, to the extent that such charge is not in excess of the
amount to which the candidate submitting such charge is entitled under
section 501(a), and only to the extent provided in prior appropriation
Acts.
``(2) In any case in which the Commission fails to certify part of
a charge under paragraph (1), it shall immediately notify the candidate
of such action and provide a hearing to such candidate.
``(3) There are authorized to be appropriated for each fiscal year
beginning with the fiscal year beginning on October 1, 1991, such funds
as are necessary for the purposes of this subsection.
``definitions
``Sec. 505. As used in this title, the term--
``(1) `candidate' means an individual who seeks election to
the office of Representative, and who is qualified under State
law to have his name placed on the ballot in the district in
which he seeks election;
``(2) `column inch' means a newspaper column one inch deep;
``(3) `election' means a general or special election;
``(4) `immediate family' has the meaning given such term in
section 9004(e) of the Internal Revenue Code of 1986;
``(5) `office of Representative' means the office of
Representative in, or Delegate or Resident Commissioner to, the
Congress; and
``(6) `State' means a State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, and any
territory or possession of the United States from which a
Delegate or Resident Commissioner is elected to the
Congress.''. | Amends the Federal Election Campaign Act of 1971 to provide for public financing of advertising (television, radio, and newspaper) and related expenses in campaigns for the House of Representatives. Makes candidates who accept campaign contributions from a multicandidate political committee ineligible for such financing.
Requires charges for such advertising to be submitted to the Federal Election Commission, and in turn by the Commission to the Secretary of the Treasury. | {"src": "billsum_train", "title": "To amend the Federal Election Campaign Act of 1971 to provide for public financing of advertising and related expenses in campaigns for the House of Representatives and to prohibit contributions by multicandidate political committees to candidates who accept such financing."} | 2,441 | 93 | 0.51097 | 1.248739 | 1.022606 | 3.012658 | 29.658228 | 0.886076 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice Against Sponsors of
Terrorism Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) International terrorism is a serious and deadly problem
that threatens the vital interests of the United States.
(2) The Constitution confers upon Congress the power to
punish crimes against the law of nations and therefore Congress
may by law impose penalties on those who provide material
support to foreign organizations engaged in terrorist activity,
and allow for victims of international terrorism to recover
damages from those who have harmed them.
(3) International terrorism affects the interstate and
foreign commerce of the United States by harming international
trade and market stability, and limiting international travel
by United States citizens as well as foreign visitors to the
United States.
(4) Some foreign terrorist organizations, acting through
affiliated groups or individuals, raise significant funds
outside of the United States for conduct directed and targeted
at the United States.
(5) It is necessary to recognize the substantive causes of
action for aiding and abetting and conspiracy liability under
the Anti-Terrorism Act of 1987 (22 U.S.C. 5201 et seq.).
(6) The decision of the United States Court of Appeals for
the District of Columbia in Halberstam v. Welch, 705 F.2d 472
(D.C. Cir. 1983), which has been widely recognized as the
leading case regarding Federal civil aiding and abetting and
conspiracy liability, including by the Supreme Court of the
United States, provides the proper legal framework for how such
liability should function in the context of the Anti-Terrorism
Act of 1987 (22 U.S.C. 5201 et seq.).
(7) The United Nations Security Council declared in
Resolution 1373, adopted on September 28, 2001, that all
countries have an affirmative obligation to ``[r]efrain from
providing any form of support, active or passive, to entities
or persons involved in terrorist acts,'' and to ``[e]nsure that
any person who participates in the financing, planning,
preparation or perpetration of terrorist acts or in supporting
terrorist acts is brought to justice''.
(8) Consistent with these declarations, no country has the
discretion to engage knowingly in the financing or sponsorship
of terrorism, whether directly or indirectly.
(9) Persons, entities, or countries that knowingly or
recklessly contribute material support or resources, directly
or indirectly, to persons or organizations that pose a
significant risk of committing acts of terrorism that threaten
the security of nationals of the United States or the national
security, foreign policy, or economy of the United States,
necessarily direct their conduct at the United States, and
should reasonably anticipate being brought to court in the
United States to answer for such activities.
(10) The United States has a vital interest in providing
persons and entities injured as a result of terrorist attacks
committed within the United States with full access to the
court system in order to pursue civil claims against persons,
entities, or countries that have knowingly or recklessly
provided material support or resources, directly or indirectly,
to the persons or organizations responsible for their injuries.
(b) Purpose.--The purpose of this Act is to provide civil litigants
with the broadest possible basis, consistent with the Constitution of
the United States, to seek relief against persons, entities, and
foreign countries, wherever acting and wherever they may be found, that
have provided material support, directly or indirectly, to foreign
organizations or persons that engage in terrorist activities against
the United States.
SEC. 3. FOREIGN SOVEREIGN IMMUNITY.
Section 1605(a) of title 28, United States Code, is amended--
(1) by amending paragraph (5) to read as follows:
``(5) not otherwise encompassed in paragraph (2), in which
money damages are sought against a foreign state arising out of
physical injury or death, or damage to or loss of property,
occurring in the United States and caused by the tortious act
or omission of that foreign state or of any official or
employee of that foreign state while acting within the scope of
the office or employment of the official or employee
(regardless of where the underlying tortious act or omission
occurs), including any statutory or common law tort claim
arising out of an act of extrajudicial killing, aircraft
sabotage, hostage taking, terrorism, or the provision of
material support or resources for such an act, or any claim for
contribution or indemnity relating to a claim arising out of
such an act, except this paragraph shall not apply to--
``(A) any claim based upon the exercise or
performance of, or the failure to exercise or perform,
a discretionary function, regardless of whether the
discretion is abused; or
``(B) any claim arising out of malicious
prosecution, abuse of process, libel, slander,
misrepresentation, deceit, interference with contract
rights, or any claim for emotional distress or
derivative injury suffered as a result of an event or
injury to another person that occurs outside of the
United States; or''; and
(2) by inserting after subsection (d) the following:
``(e) Definitions.--For purposes of subsection (a)(5)--
``(1) the terms `aircraft sabotage', `extrajudicial
killing', `hostage taking', and `material support or resources'
have the meanings given those terms in section 1605A(h); and
``(2) the term `terrorism' means international terrorism
and domestic terrorism, as those terms are defined in section
2331 of title 18.''.
SEC. 4. AIDING AND ABETTING LIABILITY FOR CIVIL ACTIONS REGARDING
TERRORIST ACTS.
(a) In General.--Section 2333 of title 18, United States Code, is
amended by adding at the end the following:
``(d) Liability.--In an action under subsection (a) for an injury
arising from an act of international terrorism committed, planned, or
authorized by an organization that had been designated as a foreign
terrorist organization under section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189), as of the date on which such act of
international terrorism was committed, planned, or authorized, or that
was so designated as a result of such act of international terrorism,
liability may be asserted as to any person who aided, abetted, or
conspired with the person who committed such an act of international
terrorism.''.
(b) Effect on Foreign Sovereign Immunities Act.--Nothing in the
amendments made by this section affects immunity of a foreign state, as
that term is defined in section 1603 of title 28, United States Code,
from jurisdiction under other law.
SEC. 5. PERSONAL JURISDICTION FOR CIVIL ACTIONS REGARDING TERRORIST
ACTS.
Section 2334 of title 18, United States Code, is amended by
inserting at the end the following:
``(e) Personal Jurisdiction.--The district courts shall have
personal jurisdiction, to the maximum extent permissible under the 5th
Amendment to the Constitution of the United States, over any person who
commits or aids and abets an act of international terrorism or
otherwise sponsors such act or the person who committed such act, for
acts of international terrorism in which any national of the United
States suffers injury in his or her person, property, or business by
reason of such an act in violation of section 2333.''.
SEC. 6. LIABILITY FOR GOVERNMENT OFFICIALS IN CIVIL ACTIONS REGARDING
TERRORIST ACTS.
Section 2337 of title 18, United States Code, is amended to read as
follows:
``Sec. 2337. Suits against Government officials
``No action may be maintained under section 2333 against--
``(1) the United States;
``(2) an agency of the United States; or
``(3) an officer or employee of the United States or any
agency of the United States acting within the official capacity
of the officer or employee or under color of legal
authority.''.
SEC. 7. SEVERABILITY.
If any provision of this Act or any amendment made by this Act, or
the application of a provision or amendment to any person or
circumstance, is held to be invalid, the remainder of this Act and the
amendments made by this Act, and the application of the provisions and
amendments to any other person not similarly situated or to other
circumstances, shall not be affected by the holding.
SEC. 8. EFFECTIVE DATE.
The amendments made by this Act shall apply to any civil action--
(1) pending on, or commenced on or after, the date of
enactment of this Act; and
(2) arising out of an injury to a person, property, or
business on or after September 11, 2001.
Passed the Senate December 11, 2014.
Attest:
Secretary.
113th CONGRESS
2d Session
S. 1535
_______________________________________________________________________
AN ACT
To deter terrorism, provide justice for victims, and for other
purposes. | Justice Against Sponsors of Terrorism Act - Amends the federal judicial code to include among the exceptions to U.S. jurisdictional immunity of foreign states any statutory or common law tort claim arising out of an act of extrajudicial killing, aircraft sabotage, hostage taking, terrorism, or the provision of material support or resources for such an act, or any claim for contribution or indemnity relating to a claim arising out of such an act. Amends the federal criminal code to: (1) impose liability on any person who aids, abets, or conspires with a person who commits an act of international terrorism that is committed, planned, or authorized by a designated foreign terrorist organization and that injures a U.S. national; and (2) repeal provisions prohibiting civil actions against foreign states or foreign officials for damages related to acts of terrorism. Grants U.S. district courts personal jurisdiction, to the maximum extent permissible under the Fifth Amendment, over any person who commits or aids and abets an act of international terrorism, or who otherwise sponsors such act or the person who committed such an act, that injures a U.S. national. Makes this Act applicable to any civil action: (1) pending on, or commenced on or after, this Act's enactment date; and (2) arising out of an injury to a person, property, or business on or after September 11, 2001. | {"src": "billsum_train", "title": "Justice Against Sponsors of Terrorism Act"} | 2,033 | 327 | 0.585742 | 1.805431 | 0.730532 | 5.97318 | 7.363985 | 0.908046 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Recoupment of Wall Street Bonus
Act''.
SEC. 2. BONUSES RECEIVED FROM CERTAIN TARP RECIPIENTS.
(a) In General.--In the case of an employee or former employee of a
covered TARP recipient, the tax imposed by chapter 1 of the Internal
Revenue Code of 1986 for any taxable year shall not be less than the
sum of--
(1) the tax that would be determined under such chapter if
the taxable income of the taxpayer for such taxable year were
reduced (but not below zero) by the TARP bonus received by the
taxpayer during such taxable year, plus
(2) 100 percent of the TARP bonus received by the taxpayer
during such taxable year.
(b) TARP Bonus.--For purposes of this section--
(1) In general.--The term ``TARP bonus'' means, with
respect to any individual for any taxable year, the lesser of--
(A) the aggregate disqualified bonus payments
received from covered TARP recipients during such
taxable year, or
(B) the excess of--
(i) the adjusted gross income of the
taxpayer for such taxable year, over
(ii) $250,000 ($125,000 in the case of a
married individual filing a separate return).
(2) Disqualified bonus payment.--
(A) In general.--The term ``disqualified bonus
payment'' means any retention payment, incentive
payment, or other bonus which is in addition to any
amount payable to such individual for service performed
by such individual at a regular hourly, daily, weekly,
monthly, or similar periodic rate.
(B) Exceptions.--Such term shall not include
commissions, welfare or fringe benefits, or expense
reimbursements.
(C) Waiver or return of payments.--Such term shall
not include any amount if the employee irrevocably
waives the employee's entitlement to such payment, or
the employee returns such payment to the employer,
before the close of the taxable year in which such
payment is due. The preceding sentence shall not apply
if the employee receives any benefit from the employer
in connection with the waiver or return of such
payment.
(3) Reimbursement of tax treated as tarp bonus.--Any
reimbursement by a covered TARP recipient of the tax imposed
under subsection (a) shall be treated as a disqualified bonus
payment to the taxpayer liable for such tax.
(c) Covered TARP Recipient.--For purposes of this section--
(1) In general.--The term ``covered TARP recipient''
means--
(A) any person who receives after December 31,
2007, capital infusions under the Emergency Economic
Stabilization Act of 2008 which, in the aggregate,
exceed $5,000,000,000,
(B) the Federal National Mortgage Association and
the Federal Home Loan Mortgage Corporation,
(C) any person who is a member of the same
affiliated group (as defined in section 1504 of the
Internal Revenue Code of 1986, determined without
regard to paragraphs (2) and (3) of subsection (b)) as
a person described in subparagraph (A) or (B), and
(D) any partnership if more than 50 percent of the
capital or profits interests of such partnership are
owned directly or indirectly by one or more persons
described in subparagraph (A), (B), or (C).
(2) Exception for tarp recipients who repay assistance.--A
person shall be treated as described in paragraph (1)(A) for
any period only if--
(A) the excess of the aggregate amount of capital
infusions described in paragraph (1)(A) with respect to
such person over the amounts repaid by such person to
the Federal Government with respect to such capital
infusions, exceeds
(B) $5,000,000,000.
(d) Other Definitions.--Terms used in this section which are also
used in the Internal Revenue Code of 1986 shall have the same meaning
when used in this section as when used in such Code.
(e) Coordination With Internal Revenue Code of 1986.--Any increase
in the tax imposed under chapter 1 of the Internal Revenue Code of 1986
by reason of subsection (a) shall not be treated as a tax imposed by
such chapter for purposes of determining the amount of any credit under
such chapter or for purposes of section 55 of such Code.
(f) Regulations.--The Secretary of the Treasury, or the Secretary's
delegate, shall prescribe such regulations or other guidance as may be
necessary or appropriate to carry out the purposes of this section.
(g) Effective Date.--This section shall apply to disqualified bonus
payments received after December 31, 2008, in taxable years ending
after such date.
SEC. 3. DEPOSIT LOCATION FOR REVENUES RECEIVED UNDER SECTION 1.
All tax revenue received as a result of section 1 shall be
deposited in the appropriate account at the Department of Housing and
Urban Development to fund programs under section 4. | Recoupment of Wall Street Bonus Act - Imposes an additional income tax on bonuses paid to employees or former employees of covered Troubled Asset Relief Program (TARP) recipients. Defines "covered TARP recipient" to include: (1) entities and their affiliates that received capital infusions under the Emergency Economic Stabilization Act of 2008 exceeding $5 billion; and (2) the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac). Exempts entities that repay TARP amounts exceeding a $5 billion threshold.
Sets the rate of such tax at 100% of the lesser of: (1) the bonus amounts paid; or (2) the amount of such taxpayer's adjusted gross income exceeding $250,000 ($125,000 in the case of a married individual filing a separate return). Exempts any employee who irrevocably waives or returns a bonus payment before the close of the taxable year in which such payment is due.
Requires tax revenues generated by this Act to be paid to the Department of Housing and Urban Development (HUD) to fund community development programs. | {"src": "billsum_train", "title": "To impose a tax on Wall Street bonuses received from TARP recipients and direct revenue to mortgage workouts."} | 1,096 | 235 | 0.577975 | 1.707523 | 0.73414 | 2.87619 | 4.72381 | 0.790476 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Day Off Act''.
SEC. 2. DEFINITIONS.
In this Act:
(a) Eligible Employee.--
(1) In general.--The term ``eligible employee'' means an
employee who--
(A) is a veteran, as that term is defined in
section 101 of title 38, United States Code; and
(B) has been employed for at least 12 months by the
employer with respect to whom leave is requested under
section 3.
(2) Exclusions.--The term ``eligible employee'' does not
include an individual employed by a public agency, as that term
is defined in section 3(e)(2) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 203(3)(e)(2)).
(b) Employ; Employee.--The terms ``employ'' and ``employee'' have
the same meanings given such terms in subsections (e) and (g) of
section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203 (e)
and (g)).
(c) Employer.--The term ``employer'' means any person engaged in
commerce or in any industry or activity affecting commerce who employs
50 or more employees during a calendar year, and includes any person
who acts, directly or indirectly, in the interest of any employer to
any of the employees of such employer and any successor in interest of
an employer. In the previous sentence, the terms ``commerce'' and
``industry or activity affective commerce'' have the meaning given such
terms in section 101(1) of the Family and Medical Leave Act of 1993.
(d) Person.--The term ``person'' has the same meaning given such
term in section 3(a) of the Fair Labor Standards Act of 1938 (29 U.S.C.
203(a)).
(e) Secretary.--The term ``Secretary'' means the Secretary of
Labor.
SEC. 3. LEAVE REQUIREMENT.
(a) Entitlement to Leave.--
(1) In general.--Except as provided in paragraph (2), an
eligible employee shall be entitled to leave on Veterans Day
upon request if such employee would otherwise be required to
work on Veterans Day.
(2) Exceptions.--An employer may deny leave to an eligible
employee if providing leave to the employee would--
(A) negatively impact public health or safety; or
(B) cause the employer significant economic or
operational disruption.
(b) Type of Leave.--
(1) Unpaid leave permitted.--Leave granted under subsection
(a) may consist of unpaid leave.
(2) Substitution of paid leave.--An eligible employee may
elect, or an employer may require the employee, to substitute
any of the accrued paid vacation leave or personal leave of the
employee for leave provided under subsection (a).
(c) Duties of Employee.--Not less than 30 days before the Veterans
Day on which leave is requested to be taken, an employee requesting
leave under subsection (a) shall provide the employer with the
following:
(1) Written notice of the employee's intention to take
leave under subsection (a).
(2) Documentation verifying that the employee is a veteran.
(d) Duties of Employer.--
(1) Notice of decision.--Not less than 10 days before the
Veterans Day on which leave is requested to be taken, the
employer shall notify an employee requesting leave under
subsection (a)--
(A) whether the employee shall be provided leave;
and
(B) if so, whether the leave shall be paid or
unpaid.
(2) Denial of leave request.--If an employer receives
multiple requests for leave under subsection (a)(1) and denies
leave to more than one eligible employee in accordance with
subsection (a)(2), the employer should deny leave to the
minimum number of eligible employees practicable.
SEC. 4. PROHIBITED ACTS.
(a) Interference With Rights.--
(1) Exercise of rights.--It shall be unlawful for any
employer to interfere with, restrain, or deny the taking of or
the attempt to take, any leave provided under this Act.
(2) Discrimination.--It shall be unlawful for any employer
to discharge or in any other manner discriminate against any
individual for opposing any practice made unlawful by this Act.
(b) Interference With Proceedings or Inquiries.--It shall be
unlawful for any person to discharge or in any other manner
discriminate against any individual because such individual--
(1) has filed any charge, or has instituted or caused to be
instituted any proceeding, under or related to this Act;
(2) has given, or is about to give, any information in
connection with any inquiry or proceeding relating to any leave
provided under this Act; or
(3) has testified, or is about to testify, in any inquiry
or proceeding relating to any leave provided under this Act.
SEC. 5. INVESTIGATIVE AUTHORITY.
The Secretary shall have investigative authority with respect to
the provisions of this Act in the same manner and under the same terms
and conditions as the investigative authority provided under section
106 of the Family and Medical Leave Act of 1993, and the requirements
of section 106 of such Act shall apply to employers under this Act in
the same manner as such requirements apply to employers under section
106 of such Act.
SEC. 6. ENFORCEMENT.
The provisions of section 107 of the Family and Medical Leave Act
of 1993 shall apply with respect to the enforcement of the requirements
of this Act in the same manner and under the same terms and conditions
as such provisions apply with respect to the enforcement of the
requirements of title I of such Act.
SEC. 7. NOTICE.
(a) In General.--Each employer shall post and keep posted, in
conspicuous places on the premises of the employer 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 title
Act information pertaining to the filing of a charge.
(b) Penalty.--Any employer that willfully violates this section may
be assessed a civil money penalty not to exceed $100 for each separate
offense. | Veterans Day Off Act - Entitles veterans who have been employed by an employer for at least 12 months, except those employed by a public agency, to leave from such employer on Veterans Day upon request if such veteran would otherwise be required to work on Veterans Day. Authorizes employers who employ 50 or more employees to deny leave if providing leave to veterans would negatively impact public health or safety or cause the employer significant economic or operational disruption.
Authorizes leave granted to consist of unpaid leave. Authorizes an employee to elect, or an employer to require the employee, to substitute accrued paid vacation leave or personal leave for leave provided under this Act.
Prohibits: (1) such employers from interfering with, restraining, or denying the taking of any leave provided under this Act; (2) such employers from discharging or discriminating against individuals for opposing practices made unlawful by this Act; and (3) any person from discharging or discriminating against individuals for filing any charge or instituting any proceeding under this Act, giving any information in connection with inquiries or proceedings relating to such leave, or testifying in inquiries or proceedings related to such leave.
Gives the Secretary of Labor investigative authority with respect to the provisions of this Act in the same manner and under the same terms and conditions as the investigative authority provided under the Family and Medical Leave Act of 1993.
Requires such employers to post in conspicuous places on their premises a notice with information pertaining to the filing of a charge under this Act. | {"src": "billsum_train", "title": "To require employers to provide veterans with time off on Veterans Day."} | 1,392 | 326 | 0.536021 | 1.495248 | 0.766576 | 3.958333 | 4.385417 | 0.909722 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Offshore Reinsurance Tax Fairness
Act''.
SEC. 2. RESTRICTION ON INSURANCE BUSINESS EXCEPTION TO PASSIVE FOREIGN
INVESTMENT COMPANY RULES.
(a) In General.--Section 1297(b)(2)(B) of the Internal Revenue Code
of 1986 is amended to read as follows:
``(B) derived in the active conduct of an insurance
business by a qualifying insurance corporation (as
defined in subsection (f)),''.
(b) Qualifying Insurance Corporation Defined.--Section 1297 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new subsection:
``(f) Qualifying Insurance Corporation.--For purposes of subsection
(b)(2)(B)--
``(1) In general.--The term `qualifying insurance
corporation' means, with respect to any taxable year, a foreign
corporation--
``(A) which would be subject to tax under
subchapter L if such corporation were a domestic
corporation, and
``(B) the applicable insurance liabilities of which
constitute more than 25 percent of its total assets,
determined on the basis of such liabilities and assets
as reported on the corporation's applicable financial
statement for the last year ending with or within the
taxable year.
``(2) Alternative facts and circumstances test for certain
corporations.--If a corporation fails to qualify as a qualified
insurance corporation under paragraph (1) solely because the
percentage determined under paragraph (1)(B) is 25 percent or
less, a United States person that owns stock in such
corporation may elect to treat such stock as stock of a
qualifying insurance corporation if--
``(A) the percentage so determined for the
corporation is at least 10 percent, and
``(B) under regulations provided by the Secretary,
based on the applicable facts and circumstances--
``(i) the corporation is predominantly
engaged in an insurance business, and
``(ii) such failure is due solely to
temporary circumstances involving such
insurance business.
``(3) Applicable insurance liabilities.--For purposes of
this subsection--
``(A) In general.--The term `applicable insurance
liabilities' means, with respect to any life or
property and casualty insurance business--
``(i) loss and loss adjustment expenses,
and
``(ii) reserves (other than deficiency,
contingency, or unearned premium reserves) for
life and health insurance risks and life and
health insurance claims with respect to
contracts providing coverage for mortality or
morbidity risks.
``(B) Limitations on amount of liabilities.--Any
amount determined under clause (i) or (ii) of
subparagraph (A) shall not exceed the lesser of such
amount--
``(i) as reported to the applicable
insurance regulatory body in the applicable
financial statement described in paragraph
(4)(A) (or, if less, the amount required by
applicable law or regulation), or
``(ii) as determined under regulations
prescribed by the Secretary.
``(4) Other definitions and rules.--For purposes of this
subsection--
``(A) Applicable financial statement.--The term
`applicable financial statement' means a statement for
financial reporting purposes which--
``(i) is made on the basis of generally
accepted accounting principles,
``(ii) is made on the basis of
international financial reporting standards,
but only if there is no statement that meets
the requirement of clause (i), or
``(iii) except as otherwise provided by the
Secretary in regulations, is the annual
statement which is required to be filed with
the applicable insurance regulatory body, but
only if there is no statement which meets the
requirements of clause (i) or (ii).
``(B) Applicable insurance regulatory body.--The
term `applicable insurance regulatory body' means, with
respect to any insurance business, the entity
established by law to license, authorize, or regulate
such business and to which the statement described in
subparagraph (A) is provided.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2015. | Offshore Reinsurance Tax Fairness Act Amends the Internal Revenue Code to define "qualifying insurance corporation," for purposes of the insurance business exception to passive foreign investment company rules, as a foreign corporation: (1) that would be subject to U.S. taxation if it were a domestic corporation, and (2) the applicable insurance liabilities of which constitute more than 25% of its total assets. Allows an alternative facts and circumstances test for insurance corporations whose applicable insurance liabilities are not at least 25% of total assets if such percentage is at least 10% and the corporation is predominantly engaged in an insurance business. | {"src": "billsum_train", "title": "Offshore Reinsurance Tax Fairness Act"} | 945 | 131 | 0.656335 | 1.743587 | 0.694836 | 2.947826 | 7.443478 | 0.86087 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electricity Reliability Protection
Act of 2010''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States consumes over 1 billion tons of coal
annually. Most of this coal is used to meet nearly one-half of
the Nation's electricity needs. The remaining amount of coal is
used to produce, among other things, steel, plastics, synthetic
fibers, medicines, and coke.
(2) On June 11, 2009, the Environmental Protection Agency
and the Department of the Army issued a Memorandum on
``Enhanced Surface Coal Mining Pending Permit Coordination
Procedures''.
(3) As of March 2010, under these new procedures, the
Environmental Protection Agency has unlawfully delayed Clean
Water Act permits for 190 coal mining operations.
(4) These 190 coal mining operations are expected to
produce over 2 billion tons of coal (throughout the life of
operations) and support roughly 17,806 new and existing jobs as
well as 81 small businesses.
(5) Due to the actions of the Environmental Protection
Agency, roughly 1 in every 4 coal mining jobs in the
Appalachian region is at risk of elimination, 81 small
businesses will lose significant income and will be at risk of
bankruptcy, and more than 2 years of the Nation's coal supply
is in jeopardy.
(6) By preventing the production and use of a 2-year supply
of coal, the Environmental Protection Agency is putting
electricity reliability for consumers at risk.
(7) On April 1, 2010, Peter S. Silva, Assistant
Administrator for the Office of Water, and Cynthia Giles,
Assistant Administrator for the Office of Enforcement and
Compliance Assistance, took further action to threaten jobs,
harm small businesses, reduce electricity reliability, harm
national security, and drive up energy prices by releasing
detailed guidance on ``Improving EPA Review of Appalachian
Surface Coal Mining Operations under the Clean Water Act,
National Environmental Policy Act, and the Environmental
Justice Executive Order''.
(8) This guidance goes far beyond clarification and
coordination and arrogates to the Environmental Protection
Agency wholly new powers to supersede the authority of States
under the Clean Water Act and the Surface Mining Control and
Reclamation Act of 1977 (SMCRA), the authority of the Corps of
Engineers (Corps) under the Clean Water Act, the authority of
the Office of Surface Mining Reclamation and Enforcement of the
Department of the Interior (OSM) under SMCRA, and the authority
of both the Corps and OSM under the National Environmental
Policy Act of 1969.
(9) The June 2009 memorandum and the April 2010 guidance
meet the definition of a rulemaking under the Administrative
Procedure Act because each is an ``agency statement of general
or particular applicability and future effect designed to
implement, interpret, or prescribe law or policy'' under
section 551(4) of title 5, United States Code.
(10) The Environmental Protection Agency has not gone
through notice and comment rulemaking to prescribe the new
policies set forth in the June 2009 memorandum or the April
2010 guidance in violation of the Administrative Procedure Act.
(11) Any use of the June 2009 memorandum or the April 2010
guidance to review, delay, and veto Clean Water Act permits is
unlawful.
(12) The actions of the Environmental Protection Agency
could cause drastic increases in the Nation's energy prices due
to decreases in coal supply.
(13) By preventing the United States from reducing our
reliance on foreign sources of energy and by reducing our
ability to produce energy domestically, the Environmental
Protection Agency is harming national security.
SEC. 3. LIMITATION ON USE OF FUNDS.
None of the funds made available to the Environmental Protection
Agency, the Corps of Engineers, or the Office of Surface Mining
Reclamation and Enforcement for fiscal year 2010 or any fiscal year
thereafter may be used to carry out, implement, administer, or enforce
any policy or procedure set forth in--
(1) the memorandum issued by the Environmental Protection
Agency and Department of the Army entitled ``Enhanced Surface
Coal Mining Pending Permit Coordination Procedures'', dated
June 11, 2009, or
(2) the guidance issued by the Environmental Protection
Agency entitled ``Improving EPA Review of Appalachian Surface
Coal Mining Operations under the Clean Water Act, National
Environmental Policy Act, and the Environmental Justice
Executive Order'', dated April 1, 2010,
until the Environmental Protection Agency, the Corps of Engineers, or
the Office of Surface Mining Reclamation and Enforcement of the
Department of the Interior, as appropriate under their existing
statutory authorities, promulgates regulations for the implementation
of such policy or procedure after providing notice and an opportunity
for comment in accordance with subchapter II of chapter 5 of title 5,
United States Code, popularly known as the Administrative Procedure
Act. | Electricity Reliability Protection Act of 2010 - Prohibits the use of funds made available to the Environmental Protection Agency (EPA), the Corps of Engineers, or the Office of Surface Mining Reclamation and Enforcement (OSMRE) of the Department of the Interior to implement, administer, or enforce any policy or procedure set forth in either the memorandum entitled "Enhanced Surface Coal Mining Pending Permit Coordination Procedures" or the EPA guidance entitled "Improving EPA Review of Appalachian Surface Coal Mining Operations under the Clean Water Act, National Environmental Policy Act, and the Environmental Justice Executive Order," until the EPA, the Corps of Engineers, or OSMRE promulgates regulations to implement it after providing notice and an opportunity for comment in accordance with the Administrative Procedure Act. | {"src": "billsum_train", "title": "A bill to protect electricity reliability by prohibiting the use of funds for carrying out certain policies and procedures that adversely affect domestic coal mining operations, and for other purposes."} | 1,025 | 176 | 0.527376 | 1.643063 | 0.878945 | 4.964286 | 7.15 | 0.935714 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Weather Mitigation Research and
Development Policy Authorization Act of 2007''.
SEC. 2. PURPOSE.
It is the purpose of this Act to develop and implement a
comprehensive and coordinated national weather mitigation policy and a
national cooperative Federal and State program of weather mitigation
research and development.
SEC. 3. FINDINGS.
Congress finds the following:
(1) According to a 2003 report by the National Research
Council, ``people in drought- and hail-prone areas willingly
spend significant resources on weather mitigation programs, and
in 2001 there were at least 66 operational programs being
conducted in 10 States across the United States. At the same
time, less than a handful of weather mitigation research
programs are underway worldwide, and related research in the
United States has dropped to less than $500,000 per year from a
high of $20,000,000 in the late 1970s.'' The NRC report
entitled ``Critical Issues in Weather Modification Research''
also states that ``a coordinated national program of weather
modification research is needed''. Such a program is supported
by States that need a scientific means of evaluating current
programs and increasing their effectiveness through applied
research.
(2) Droughts in the United States result in an average
economic loss between $6,000,000,000 and $8,000,000,000
annually, while severe hail producing storms result in up to
$2,300,000,000 damage to crops and over $2,000,000,000 in
property loss annually. Snowpack, rain enhancement, and hail
suppression weather mitigation projects help reduce these
losses, and additional research in these areas will make
existing programs even more effective and permit them to better
quantify their impacts. Recent droughts in the Western United
States have produced low lake levels at Lake Powell and Lake
Mead and have led the Seven Colorado River Basin States to
create cooperative agreements. A separate cooperative agreement
is in place for wintertime snowfall enhancement programs in the
States of Utah, Colorado, and Wyoming to pursue water
augmentation to benefit the entire Colorado River System.
(3) Past and recent evaluations of the potential for
snowpack augmentation by cloud seeding in the Colorado River
Basin indicate a significant yield in runoff can be attained
through properly designed projects. A 2006 evaluation by the
Bureau of Reclamation of the Department of the Interior
indicates the potential for 800,000 additional acre-feet of
water.
(4) The impacts of possible climate change and the human
impact on weather are not well understood. Weather mitigation
research could provide data on what, if any, impact pollution
may have on the precipitation processes in cloud systems.
Research into inadvertent and planned weather mitigation may
increase our understanding and knowledge of any potential
impacts.
(5) The recent Weather Damage Modification Program
conducted by the Bureau of Reclamation employed a successful
model for combining local, State, and Federal resources in
providing a means for scientific evaluation of operational
cloud-seeding projects (rainfall and snowfall enhancement and
hail suppression) in North Dakota, Oklahoma, Texas, Colorado,
Utah, Nevada, and California.
SEC. 4. DEFINITIONS.
In this Act:
(1) Board.--The term ``Board'' means the Weather Mitigation
Advisory and Research Board established under section 5(a).
(2) Executive director.--The term ``Executive Director''
means the Executive Director of the Board appointed under
section 5(d).
(3) Research and development.--The term ``research and
development'' means theoretical analysis, exploration,
experimentation, and the extension of investigative findings
and theories of a scientific or technical nature into practical
application for experimental and demonstration purposes,
including the experimental production and testing of models,
devices, equipment, materials, and processes.
SEC. 5. WEATHER MITIGATION ADVISORY AND RESEARCH BOARD ESTABLISHED.
(a) Establishment.--There is established in the National Science
Foundation the Weather Mitigation Advisory and Research Board to
establish and coordinate the national research and development program
on weather mitigation described in section 6.
(b) Membership.--
(1) Composition.--The Board shall consist of 11 members
appointed by the Director of the National Science Foundation as
follows:
(A) At least 2 members shall be representatives of
States that are currently supporting operational
weather mitigation programs.
(B) At least 2 members shall be a representative of
the National Center for Atmospheric Research of the
National Science Foundation.
(C) At least 1 member shall be a representative of
National Aeronautics and Space Administration.
(D) At least 1 member shall be a representative of
the American Meteorological Society.
(E) At least 1 member shall be a representative of
the American Society of Civil Engineers.
(F) At least 1 member shall be a representative of
the National Academy of Sciences.
(G) At least 1 member shall be a representative of
the National Oceanic and Atmospheric Administration of
the Department of Commerce.
(H) At least 1 member shall be a representative of
the Department of Agriculture.
(I) At least 1 member shall be a representative of
institutions of higher education or research institutes
with experience in the field.
(2) Tenure.--A member of the Board shall serve at the
pleasure of the Director of the National Science Foundation.
(3) Vacancies.--Any vacancy on the Board shall be filled in
the same manner as the original appointment.
(c) Chair and Vice Chair.--The Board shall select a Chair and Vice
Chair from among its members.
(d) Staff.--The Chair of the Board may appoint and terminate an
executive director and such other additional personnel as may be
necessary to enable the Board to perform its duties. The employment of
an executive director shall be subject to confirmation by the Board.
(e) Advisory Committees.--The Board may establish advisory
committees to advise the Board and to make recommendations to the Board
concerning legislation, policies, administration, research, and other
matters.
(f) Initial Meeting.--Not later than 30 days after the date on
which all members of the Board have been appointed, the Board shall
hold its first meeting.
(g) Meetings.--The Board shall meet at the call of the Chair.
(h) Quorum.--A majority of the members of the Board shall
constitute a quorum, but a lesser number of members may hold hearings.
(i) Powers of the Board.--
(1) Studies, investigations, and hearings.--The Board may
conduct studies, obtain information, and hold hearings
necessary to carry out the purposes of this Act.
(2) Cooperation with other agencies.--The Board may
cooperate with public or private agencies to promote the
purposes of this Act.
(3) Cooperative agreements.--The Board may enter into
cooperative agreements with the head of any department or
agency of the United States, an appropriate official of any
State or political subdivision of a State, or an appropriate
official of any private or public agency or organization to
conduct research and development pertaining to weather
mitigation.
(4) Conducting and contracting for research and
development.--The Executive Director, with the approval of the
Board, may conduct or contract for research and development
activities in accordance with section 6.
SEC. 6. NATIONAL RESEARCH AND DEVELOPMENT PROGRAM ON WEATHER
MITIGATION.
(a) Implementation Plan.--Not later than 180 days after the date of
the enactment of this Act, the Executive Director shall develop and
submit to Congress a plan for the establishment and coordination of the
national research and development program required by section 5(a).
Such plan shall--
(1) for the 10-year period beginning in the year it is
submitted, establish the goals and priorities for Federal
research that most effectively advance scientific understanding
of weather mitigation;
(2) describe specific activities required to achieve such
goals and priorities, including funding of competitive research
grants, training and support for scientists, and participation
in international research efforts;
(3) identify and address, as appropriate, relevant programs
and activities of the Federal agencies and departments that
would contribute to the program;
(4) consider and use, as appropriate, reports and studies
conducted by Federal agencies and departments, weather
modification organizations, and other expert scientific bodies,
including the National Research Council report entitled
``Critical Issues in Weather Modification Research'';
(5) make recommendations for the coordination of program
activities with weather mitigation activities of other national
and international organizations; and
(6) estimate Federal funding for research activities to be
conducted under the program.
(b) Program Activities.--The national research and development
program required by section 5(a) may include the following activities
related to weather mitigation:
(1) Interdisciplinary research and development and
coordination of research and development and activities to
improve understanding of processes relating to planned and
inadvertent weather mitigation, including the following:
(A) Research related to cloud and precipitation
physics.
(B) Cloud dynamics and cloud modeling.
(C) Improving cloud seeding-related technologies.
(D) Severe weather and storm research.
(E) Research related to potential adverse affects
of weather mitigation.
(2) Coordination with relevant organizations that engage in
weather mitigation research.
(3) Development through partnerships among Federal
agencies, State agencies with weather modification experience,
and academic institutions of new technologies and approaches
for weather mitigation.
(4) Establishing scholarships and educational opportunities
that encourage an interdisciplinary approach to weather
mitigation.
(5) Promotional activities in accordance with subsection
(c).
(6) Administering the grant program described in subsection
(d).
(c) Promotion of Research and Development.--In order to assist in
expanding the theoretical and practical knowledge of weather
mitigation, the Board shall promote and fund research and development,
studies, and investigations with respect to--
(1) improved forecast and decision-making technologies for
weather mitigation operations, including tailored computer
workstations and software and new observation systems with
remote sensors; and
(2) assessments and evaluations of the efficacy of weather
mitigation.
(d) Grant Program for Research and Development.--
(1) In general.--The Board may establish a grant program
for the award of grants to eligible entities for research and
development projects that pertain to weather mitigation. To the
extent practicable, the grant program shall be modeled after
both the Atmospheric Modification Program implemented by the
National Oceanic and Atmospheric Administration in 1980, and
the Weather Damage Modification Program implemented by the
Bureau of Reclamation of the Department of the Interior in
2002.
(2) Amount.--The Board may not award a grant under this
subsection in an amount that--
(A) is greater than $500,000; or
(B) is less than $50,000.
(3) Federal share.--The Board may not award a grant under
this subsection for a project if the Federal share of such
project would be greater than 50 percent of the project cost,
which may include in-kind services furnished by the
participating State.
(4) Eligible entities.--For purposes of this subsection, an
eligible entity is a State agency, institution of higher
education, or nonprofit organization that has--
(A) an established background and expertise in the
field of weather mitigation; and
(B) experience with working with and coordinating
with State agencies.
(5) Use of funds.--A recipient of a grant under this
subsection may only use the grant for a research and
development project that--
(A) pertains to weather mitigation; and
(B) was in operation on the day before the date the
grant was awarded.
SEC. 7. ANNUAL REPORT ON ACTIVITIES.
(a) In General.--Not later than January 31, and annually
thereafter, the Executive Director shall prepare and submit to the
President and Congress an annual report on the activities conducted
pursuant to this Act during the preceding calendar year, including the
following:
(1) A summary of the achievements of Federal weather
mitigation research, including Federally supported external
research, during the preceding fiscal year.
(2) An analysis of the progress made toward achieving the
goals and objectives of the plan developed under section 6(a),
including the identification of trends.
(3) A copy or summary of the plan required by section 6(a)
and any changes made to the plan.
(4) A summary of agency budgets for weather mitigation
activities for the preceding fiscal year.
(5) Recommendations, if any, regarding additional action or
legislation that may be required to assist in achieving the
purposes of this Act.
(6) A description of the relationship between research
conducted on weather mitigation and research conducted pursuant
to the Global Change Research Act of 1990 (15 U.S.C. 2921 et
seq.), as well as research on weather forecasting and
prediction.
(7) A description of any potential adverse consequences on
life, property, or water resource availability from weather
mitigation efforts, and any suggested means of mitigating or
reducing such consequences if such efforts are undertaken.
(b) First Report.--The first report required by subsection (a)
shall be submitted on January 31 in the second calendar year following
the date of the enactment of this Act.
SEC. 8. COOPERATION WITH WEATHER MITIGATION ADVISORY AND RESEARCH
BOARD.
The head of any department or agency of the United States and the
head of any other public or private agency or institution that receives
research funds from the United States shall, to the extent practicable,
cooperate with the Board for purposes of carrying out this Act.
SEC. 9. FUNDING.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to the Board for the purposes of carrying out this Act
$10,000,000 for each of the fiscal years 2008 through 2017. Amounts
appropriated pursuant to this subsection shall remain available until
expended.
(b) Gifts.--The Board may accept, use, and dispose of gifts or
donations of services or property. | Weather Mitigation Research and Development Policy Authorization Act of 2007 - Establishes in the National Science Foundation (NSF) the Weather Mitigation Advisory and Research Board to establish and coordinate the national research and development program on weather mitigation described in this Act. Requires the Executive Director of the Board to submit a plan for the establishment and coordination of the Program.
Requires the Board to promote and fund research and development (R&D), studies, and investigations with respect to: (1) improved forecast and decisionmaking technologies for weather mitigation operations, including tailored computer workstations and software and new observation systems with remote sensors; and (2) assessments and evaluations of the efficacy of weather mitigation.
Authorizes the Board to establish a grant program for the awarding of grants to eligible entities (state agencies, institutions of higher education, and nonprofits that have expertise in the field of weather mitigation and experience working with state agencies) for R&D projects that pertain to weather mitigation. Permits a grant recipient to only use the grant for a R&D project that: (1) pertains to weather mitigation; and (2) was in operation on the day before the grant was awarded.
Requires the submission of annual reports to the President and Congress on the activities conducted pursuant to this Act. | {"src": "billsum_train", "title": "A bill to establish the Weather Mitigation Advisory and Research Board, and for other purposes."} | 2,949 | 274 | 0.475336 | 1.566506 | 0.791498 | 4.768595 | 11.731405 | 0.942149 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commercializing on Small Business
Innovation Act of 2016''.
SEC. 2. EXTENSION OF TERMINATION DATES.
(a) SBIR.--Section 9(m) of the Small Business Act (15 U.S.C.
638(m)) is amended by striking ``2017'' and inserting ``2022''.
(b) STTR.--Section 9(n)(1)(A) of the Small Business Act (15 U.S.C.
638(n)(1)(A)) is amended by striking ``2017'' and inserting ``2022''.
(c) Administrative Funding.--Section 9(mm)(1) of the Small Business
Act (15 U.S.C. 638(mm)(1)) is amended by striking ``2017'' and
inserting ``2022''.
SEC. 3. REQUIRED EXPENDITURE AMOUNTS.
(a) SBIR.--Section 9(f)(1) of the Small Business Act (15 U.S.C.
638(f)(1)) is amended--
(1) in subparagraph (H), by striking the ``and'' at the
end;
(2) in subparagraph (I), by striking ``and each fiscal year
thereafter,'' and inserting a semicolon; and
(3) by inserting after subparagraph (I) the following new
subparagraphs:
``(J) not less than 3.46 percent of such budget in
fiscal year 2018;
``(K) not less than 3.72 percent of such budget in
fiscal year 2019;
``(L) not less than 3.98 percent of such budget in
fiscal year 2020;
``(M) not less than 4.24 percent of such budget in
fiscal year 2021; and
``(N) not less than 4.50 percent of such budget in
fiscal year 2022 and each fiscal year thereafter,''.
(b) STTR.--Section 9(n)(1)(B) of the Small Business Act (15 U.S.C.
638(n)(1)(B)) is amended--
(1) in clause (iv), by striking the ``and'' at the end;
(2) in clause (v), by striking ``for fiscal year 2016 and
each fiscal year thereafter.'' and inserting ``for each of
fiscal years 2016 and 2017;'' ; and
(3) by adding at the end the following new clauses:
``(vi) 0.50 percent for each of fiscal
years 2018 and 2019;
``(vii) 0.55 percent for each of fiscal
years 2020 and 2021; and
``(viii) 0.60 percent for fiscal year 2022
and each fiscal year thereafter.''.
SEC. 4. REPORTING REQUIREMENTS.
(a) Annual Report to Congress.--Section 9(b)(7) of the Small
Business Act (15 U.S.C. 638(b)(7)) is amended by striking ``to report
not less than annually'' and inserting ``to submit a report not later
than December 31 of each year''.
(b) Annual Reports to the Administrator Required to Be Submitted
Not Later Than March 30 of Each Year.--Section 9 of the Small Business
Act (15 U.S.C. 638) is amended--
(1) in subsection (g)(9), by striking ``make an annual
report'' and inserting ``not later than March 30 of each year,
submit a report'';
(2) in subsection (i)(1), by striking ``shall report
annually to the Small Business Administration'' and inserting
``shall, not later than March 30 of each year, submit a report
to the Small Business Administration that includes'';
(3) in subsection (j)--
(A) in paragraph (1)(E), by striking ``simplified,
standardized, and timely annual report'' and inserting
``not later than March 30 of each year, a simplified
and standardized report''; and
(B) in paragraph (3)(C), by striking ``to require
agencies to report to the Administration, not less
frequently than annually, all instances in which an''
and inserting ``to require each agency, not later than
March 30 of each year, to submit a report to the
Administration on all instance in which the'';
(4) in subsection (o)(10), by striking ``submit an annual
report'' and inserting ``not later than March 30 of each year,
submit a report'';
(5) in subsection (y)(6)(C), by striking ``submit'' and
inserting ``not later than March 30 of each year, submit'';
(6) in subsection (dd)(4)(A), by striking ``and submit''
and inserting ``and, not later than March 30 of each year,
submit'';
(7) in subsection (gg)(6), by striking ``include in the
annual'' and inserting ``include, not later than March 30 of
each year, a'';
(8) in subsection (ii) by inserting ``, not later than
March 30 of each year,'' after ``shall'';
(9) in subsection (mm)(6), by inserting ``, not later than
June 30 of each year,'' after ``shall'';
(10) in subsection (nn)(3)(A)--
(A) by striking ``an annual'' and inserting ``a'' ;
and
(B) by inserting ``, not later than March 30 of
each year,'' after ``shall''; and
(11) in subsection (ss), by striking ``October 1, 2013, and
annually thereafter,'' and inserting ``March 30 of each
year,''.
(c) Failure to Report Administrative Funds.--Section 9(mm) of the
Small Business Act (15 U.S.C. 638(mm)) is amended by adding at the end
the following new paragraph:
``(7) Failure to report administrative funds.--
``(A) In general.--Not later than March 30
following each fiscal year for which funds are
authorized to be used by a Federal agency under
paragraph (1), the Federal agency shall submit a report
to the Administrator that identifies how the Federal
agency used such funds during such fiscal year.
``(B) Failure to submit a report.--If a Federal
agency fails to submit a report required under
subparagraph (A), paragraph (1) shall not apply to such
Federal agency unless--
``(i) such report is submitted; and
``(ii) such Federal agency submits an
additional report to the Administrator that
identifies how such Federal agency plans to
ensure timely reporting under this
paragraph.''.
SEC. 5. INDEXING AWARDS FOR INFLATION.
Section 9 of the Small Business Act (15 U.S.C. 638) is amended--
(1) in subsection (j)(2)--
(A) by striking subparagraph (D);
(B) by redesignating subparagraphs (E) through (I)
as subparagraphs (D) through (H), respectively; and
(C) in subparagraph (H), as so redesignated, by
striking ``subparagraph (H)'' and inserting
``subparagraph (G)'';
(2) in subsection (p)(2)(B)--
(A) in clause (vii), by adding ``and'' at the end;
(B) in clause (viii), by striking ``and'' at the
end; and
(C) by striking clause (ix);
(3) in subsection (gg)(3), by striking ``awards under
subsection (j)(2)(D) or (p)(2)(B)(ix).'' and inserting ``awards
under subsection (tt)(2).''; and
(4) by adding at the end the following new subsection:
``(tt) Awards Under Phase I and Phase II Adjusted for Inflation.--
``(1) Phase i awards.--An award for Phase I of an SBIR or
STTR program may not exceed $150,000.
``(2) Phase ii awards.--An award for Phase II of an SBIR or
STTR program may not exceed $1,000,000.
``(3) Adjustment for inflation.--The Administrator shall
adjust the dollar amounts under paragraphs (1) and (2) for
inflation in accordance with section 1908 of title 41, United
States Code.''.
SEC. 6. REQUIREMENTS FOR INSERTION INCENTIVES.
Section 9(y)(5) of the Small Business Act (15 U.S.C. 638(y)(5)) is
amended by striking ``is authorized to'' and inserting ``shall''.
SEC. 7. CLARIFICATION OF ELIGIBILITY OF CERTAIN SMALL BUSINESSES.
(a) SBIR.--Section 9(j) of the Small Business Act (15 U.S.C.
638(j)) is amended by adding at the end the following new paragraph:
``(4) Modification to clarify eligibility of certain small
businesses.--Not later than 180 days after the date of the
enactment of the Commercializing on Small Business Innovation
Act of 2016, the Administrator shall modify the policy
directives issued pursuant to this subsection to clarify that
the small business concerns described in subparagraphs (B),
(C), and (D) of section 3(p)(3) are eligible to receive awards
under the SBIR program.''.
(b) STTR.--Section 9(p) of the Small Business Act (15 U.S.C.
638(p)) is amended by adding at the end the following new paragraph:
``(4) Modification to clarify eligibility of certain small
businesses.--Not later than 180 days after the date of the
enactment of the Commercializing on Small Business Innovation
Act of 2016, the Administrator shall modify the policy
directives issued pursuant to this subsection to clarify that
the small business concerns described in subparagraphs (B),
(C), and (D) of section 3(p)(3) are eligible to receive awards
under the STTR program.''.
SEC. 8. COMMERCIALIZATION ASSISTANCE PILOT PROGRAM.
Section 9 of the Small Business Act (15 U.S.C. 638), as amended by
section 5, is further amended by adding at the end the following new
subsection:
``(uu) Commercialization Assistance Pilot Programs.--
``(1) Pilot programs implemented.--
``(A) In general.--Except as provided in
subparagraph (B), not later than one year after the
date of the enactment of Commercializing on Small
Business Innovation Act of 2016, a covered agency shall
implement a commercialization assistance pilot program
to award eligible entities with a second sequential
SBIR award.
``(B) Exception.--If the Administrator determines
that a covered agency has a program that is
sufficiently similar to a commercialization assistance
pilot program, such agency shall not be required to
implement a commercialization assistance pilot program
under subparagraph (A).
``(C) Percent of agency funds.--A covered agency
may not use more than 5 percent of its total SBIR
budget for awards under the commercialization
assistance pilot program.
``(D) Termination.--The commercialization
assistance pilot programs shall terminate on September
30, 2022.
``(2) Matching requirement.--
``(A) In general.--The Administrator shall require
as a condition of any award made to an eligible entity
under a commercialization assistance pilot program,
that a matching amount (excluding any fees collected
from recipients of such assistance) equal to the amount
of such award be provided from an eligible third-party
investor, before the end of the commercialization
assistance pilot program award.
``(B) Ineligible funding.--An eligible entity may
not use funding from ineligible sources to meet the
matching requirement of subparagraph (A).
``(3) Award.--
``(A) Size of award.--An award under this
subsection may not exceed the limitations in subsection
(aa)(1).
``(B) Timing.--Awards provided under the
commercialization assistance pilot program shall be
distributed during the Phase II award period of the
recipient eligible entity.
``(4) Application.--In order to be selected to receive a
second sequential SBIR award under a commercialization
assistance pilot program, an eligible entity shall submit to
the covered agency implementing such pilot program--
``(A) an application at such time, in such manner,
and containing such information as the covered agency
may require; and
``(B) the source and amount of the matching funding
required under paragraph (2).
``(5) Use of funds.--The funds awarded under a
commercialization assistance pilot program may only be used for
research and development activities that build on the eligible
entity's Phase II program and catalyze acceleration towards
commercialization.
``(6) Determination of recipients.--In determining which
applicants receive awards under the commercialization
assistance pilot program, the head of a covered agency shall
consider--
``(A) the extent to which the supplemental funds
awarded under the pilot program could aid the applicant
commercialize its research;
``(B) whether the proposed plan provides a sound
approach for establishing technical feasibility that
could lead to commercialization;
``(C) whether the proposed activity reflect changes
to the Phase II commercialization plan that further
improves the chances of conversion of research in order
to provide societal benefits;
``(D) whether the small business concern has
progressed satisfactorily in the Phase II activity to
justify additional funding;
``(E) the expectations of the third-party funding;
and
``(F) the likelihood that the third-party funded
activity will lead to commercial and societal benefit.
``(7) Evaluation report.--Not later than 3 years after the
date of the enactment of Commercializing on Small Business
Innovation Act of 2016, the Comptroller General of the United
States shall submit to the Committee on Science, Space, and
Technology and the Committee on Small Business of the House of
Representatives and the Committee on Small Business and
Entrepreneurship of the Senate an evaluative report that
includes--
``(A) a summary of the activities of the
commercialization assistance pilot programs;
``(B) a detailed compilation of results achieved by
the commercialization assistance pilot programs,
including the number of small business concerns that
received awards under the pilot program;
``(C) the rate at which the recipients under the
pilot program commercialized their research;
``(D) the growth in employment and revenue of
companies that participated in the pilot program;
``(E) a comparison of commercialization success of
pilot program participants and recipients of a non-
matching sequential Phase II award;
``(F) demographic information such as ethnicity and
geographic location of participant companies;
``(G) an accounting of the funds used at each
participating agency in the pilot program;
``(H) a distribution of third-party funding by
source;
``(I) an analysis of the program's effectiveness at
each participating agency; and
``(J) recommendations for improvement to the pilot
program, in the case that Congress were to make it
permanent.
``(8) Definitions.--For purposes of this subsection:
``(A) Covered agency.--The term `covered agency'
means a Federal agency required to have an SBIR
program.
``(B) Eligible entity.--The term `eligible entity'
means a small business concern that has received a
Phase II award and a Phase II sequential award from the
covered agency to which such entity is applying for a
second sequential SBIR award.
``(C) Eligible third-party investor.--The term
`eligible third-party investors' means a small business
concern other than the eligible entity, a venture
capital firm, an individual investor, a non-SBIR
Federal, State or local government, or any combination
thereof.
``(D) Ineligible sources.--The term `ineligible
sources' means the following:
``(i) The awardee's internal research and
development funds.
``(ii) Funding in forms other than cash
such as in-kind or other intangible assets.
``(iii) Funding from the owners of the
eligible entity, or the family members or
affiliates of such owners.
``(iv) Funding attained through loans or
other forms of debt obligations.''.
SEC. 9. INCREASED UNDERSERVED POPULATION PARTICIPATION WAIVER REMOVED.
(a) In General.--Section 9(mm)(2) of the Small Business Act (15
U.S.C. 638(mm)(2)) is amended to read as follows:
``(2) Outreach and technical assistance.--A Federal agency
participating in the program under this subsection shall use a
portion of the funds authorized for uses under paragraph (1) to
carry out the policy directive required under subsection
(j)(2)(F) and to increase the participation of States with
respect to which a low level of SBIR awards have historically
been awarded.''.
(b) Conforming Amendment.--Section 9(mm)(6) of the Small Business
Act (15 U.S.C. 638(mm)(6)) is amended by striking ``(A) and any use of
the waiver authority under paragraph (2)(B)''. | Commercializing on Small Business Innovation Act of 2016 (Sec. 2) This bill amends the Small Business Act to reauthorize for FY2017-FY2022 both the Small Business Innovation Research (SBIR) Program and the Small Business Technology Transfer (STTR) Program. The Small Business Administration (SBA) shall continue through FY2022 to permit each federal agency to use up to 3% of its SBIR program funds to assist the agency in its required SBIR or STTR program's administration and related activities. (Sec. 3) The bill also increases the percentages of required agency expenditures with small business concerns under these programs for each of those fiscal years. (Sec. 4) The bill revises SBIR and STTR annual reporting requirements to establish deadline dates. The SBA's annual report to Congress on these programs shall be due by December 31 of each year. Federal agency annual reports to the SBA on their SBIR or STTR program shall be due by March 30. The SBA must report annually to Congress by June 30 on the use of SBIR program funds by federal agencies for specified purposes in the Act. (Sec. 5) SBA policy directives shall index SBIR and STTR awards for inflation. As under current law, an award for: (1) Phase I of an SBIR or STTR program may not exceed $150,000, and (2) Phase II of such program may not exceed $1 million. The SBA shall continue to adjust these dollar amounts for inflation. (Sec. 6) This bill requires the Department of Defense (which under current law is already authorized) to create insertion incentives under the Department of Defense Commercialization Readiness Program for any contract with a value of at least $100 million to: establish goals for the transition of Phase III technologies in subcontracting plans, and require a prime contractor on such a contract to report the number and dollar amount of contracts entered into by that prime contractor for Phase III SBIR or STTR projects. (Sec. 7) The SBA shall modify its policy directives to make clear that HUBZone small business concerns owned and controlled by Alaska Native Corporations, owned by Indian tribal governments, and owned by Native Hawaiian Organizations are eligible to receive SBIR and STTR awards. (Sec. 8) Any federal agency required to have an SBIR program (covered agency) shall implement a commercialization assistance pilot program (CAPP) through FY2022 to award eligible entities with a second sequential SBIR award, unless the agency already has a program sufficiently similar to CAPP. A covered agency may spend up to 5% of its total SBIR budget for CAPP awards, to be distributed during the recipient's Phase II award period. Such awards may only be used for research and development activities that build on the eligible entity's Phase II program and catalyze acceleration towards commercialization. The SBA shall require as a condition of any CAPP award that an equal matching amount (excluding any fees collected from recipients of such assistance) be provided from an eligible third-party investor before the end of the CAPP award. An eligible entity may not use funding from ineligible sources to meet this matching requirement. The term: "eligible entity" means a small business concern that has received a Phase II award and a Phase II sequential award from the covered agency to which such entity is applying for a second sequential SBIR award; "eligible third-party investor" means a small business concern other than the eligible entity, a venture capital firm, an individual investor, a non-SBIR federal, state, or local government, or any combination; and "ineligible sources" means the awardee's internal research and development funds, funding in forms other than cash such as in-kind or other intangible assets, funding from the owners of the eligible entity, or the family members or affiliates of such owners, or funding attained through loans or other forms of debt obligations. (Sec. 9) The bill eliminates the authority of an agency to request a waiver of the requirement to use a portion of SBIR funds for outreach efforts to increase the participation of: social and economically disadvantaged small business concerns and certain woman-owned small business concerns, and states in which a low level of SBIR awards have historically been awarded. | {"src": "billsum_train", "title": "Commercializing on Small Business Innovation Act of 2016"} | 3,914 | 941 | 0.497345 | 1.58593 | 0.676178 | 3.143387 | 4.247219 | 0.844252 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Private Property Rights Act of
1994''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the protection of private property from a taking by the
Government without just compensation is an integral protection
for private citizens incorporated into the Constitution by the
Fifth Amendment and made applicable to the States by the
Fourteenth Amendment; and
(2) Federal agencies should take into consideration the
impact of Governmental actions on the use and ownership of
private property.
SEC. 3. PURPOSE.
The Congress, recognizing the important role that the use and
ownership of private property plays in ensuring the economic and social
well-being of the Nation, declares that it is the policy of the Federal
Government to use all practicable means and measures to minimize
takings of private property by the Federal Government.
SEC. 4. DEFINITIONS.
For purposes of this Act--
(1) the term ``agency'' means an Executive agency as
defined under section 105 of title 5, United States Code, and--
(A) includes the United States Postal Service; and
(B) does not include the General Accounting Office;
and
(2) the term ``taking of private property'' means any
action whereby private property is taken in such a way as to
require compensation under the Fifth Amendment to the United
States Constitution.
SEC. 5. PRIVATE PROPERTY TAKING IMPACT ANALYSIS.
(a) In General.--The Congress authorizes and directs that, to the
fullest extent possible--
(1) the policies, regulations, and public laws of the
United States shall be interpreted and administered in
accordance with the policies under this Act; and
(2) all agencies of the Federal Government shall submit a
certification to the Attorney General of the United States that
a private property taking impact analysis has been completed
before issuing or promulgating any policy, regulation,
proposal, recommendation (including any recommendation or
report on proposal for legislation), or related agency action
which could result in a taking or diminution of use or value of
private property.
(b) Content of Analysis.--A private property taking impact analysis
shall be a written statement that includes--
(1) the specific purpose of the policy, regulation,
proposal, recommendation, or related agency action;
(2) an assessment of whether a taking of private property
may occur under such policy, regulation, proposal,
recommendation, or related agency action;
(3) the effect of the policy, regulation, proposal,
recommendation, or related agency action on the use or value of
private property, including an evaluation of whether such
policy, regulation, proposal, recommendation, or related agency
action requires compensation to private property owners;
(4) alternatives to the policy, regulation, proposal,
recommendation, or related agency action that would lessen the
adverse effects on the use or value of private property;
(5) an estimate of the cost to the Federal Government if
the Government is required to compensate a private property
owner; and
(6) an estimate of the reduction in use or value of any
affected private property as a result of such policy,
regulation, proposal, recommendation, or related agency action.
(c) Public Availability of Analysis.--An agency shall--
(1) make each private property taking impact analysis
available to the public; and
(2) to the greatest extent practicable, transmit a copy of
such analysis to the owner or any other person with a property
right or interest in the affected property.
(d) Presumptions in Proceedings.--For the purpose of any agency
action or administrative or judicial proceeding, there shall be a
rebuttable presumption that the costs, values, and estimates in any
private property takings impact analysis shall be outdated and
inaccurate, if--
(1) such analysis was completed 5 years or more before the
date of such action or proceeding; and
(2) such costs, values, or estimates have not been modified
within the 5-year period preceding the date of such action or
proceeding.
SEC. 6. RULES OF CONSTRUCTION.
Nothing in this Act shall be construed to--
(1) limit any right or remedy, or bar any claim of any
person relating to such person's property under any other law,
including claims made under section 1346 or 1402 of title 28,
or chapter 91 of title 28; or
(2) constitute a conclusive determination of the value of
any property for purposes of an appraisal for the acquisition
of property, or for the determination of damages.
SEC. 7. STATUTE OF LIMITATIONS.
No action may be filed in a court of the United States to enforce
the provisions of this Act on or after the date occurring 6 years after
the date of the submission of the certification of the applicable
private property taking impact analysis with the Attorney General.
SEC. 8. EFFECTIVE DATE.
The provisions of this Act shall take effect 120 days after the
date of the enactment of this Act. | Private Property Rights Act of 1994 - States that the Congress declares that it is the policy of the Federal Government to use all practicable means and measures to minimize Federal takings of private property. Directs Federal agencies to certify to the Attorney General that a private property taking impact analysis has been completed before initiating any action which could result in a taking or diminution of use or value of private property. Requires that the policies, regulations, and public laws of the United States be interpreted and administered in accordance with the policies under this Act.
Specifies the content of such an analysis and requires a copy to be transmitted to the owner of the affected property, as well as made available to the public.
Creates a rebuttable presumption that unmodified analyses five years or older are outdated for purposes of any agency action or administrative or judicial proceeding.
Sets the statute of limitations for court actions for enforcing this Act. | {"src": "billsum_train", "title": "Private Property Rights Act of 1994"} | 1,048 | 206 | 0.588048 | 1.823431 | 0.939019 | 4.715909 | 5.886364 | 0.920455 |
SECTION 1. FEDERAL RENEWABLE PORTFOLIO STANDARD.
Title VI of the Public Utility Regulatory Policies Act of 1978 is
amended by adding at the end the following:
``SEC. 606. FEDERAL RENEWABLE PORTFOLIO STANDARD.
``(a) Minimum Renewable Generation Requirement.--For each calendar
year beginning in calendar year 2005, each retail electric supplier
shall submit to the Secretary, not later than April 1 of the following
calendar year, renewable energy credits in an amount equal to the
required annual percentage specified in subsection (b).
``(b) Required Annual Percentage.--For calendar years 2005 through
2025, the required annual percentage of the retail electric supplier's
base amount that shall be generated from renewable energy resources
shall be the percentage specified in the following table:
Required annual
``Calendar Years percentage
2005 through 2006.......................... 1.0
2007 through 2008.......................... 2.2
2009 through 2010.......................... 3.4
2011 through 2012.......................... 4.6
2013 through 2014.......................... 5.8
2015 through 2016.......................... 7.0
2017 through 2018.......................... 8.5
2019 through 2020.......................... 10.0
2020 through 2021.......................... 12.0
2021 through 2022.......................... 14.0
2022 through 2023.......................... 16.0
2023 through 2024.......................... 18.0
2024 through 2025.......................... 20.0.
``(c) Submission of Credits.--(1) A retail electric supplier may
satisfy the requirements of subsection (a) through the submission of
renewable energy credits--
``(A) issued to the retail electric supplier under
subsection (d);
``(B) obtained by purchase or exchange under subsection
(e); or
``(C) borrowed under subsection (f).
``(2) A credit may be counted toward compliance with subsection (a)
only once.
``(d) Issuance of Credits.--(1) The Secretary shall establish, not
later than 1 year after the date of enactment of this section, a
program to issue, monitor the sale or exchange of, and track renewable
energy credits.
``(2) Under the program, an entity that generates electric energy
through the use of a renewable energy resource may apply to the
Secretary for the issuance of renewable energy credits. The application
shall indicate--
``(A) the type of renewable energy resource used to produce
the electricity,
``(B) the location where the electric energy was produced,
and
``(C) any other information the Secretary determines
appropriate.
``(3)(A) Except as provided in paragraphs (B), (C), and (D), the
Secretary shall issue to an entity one renewable energy credit for each
kilowatt-hour of electric energy the entity generates from the date of
enactment of this section and in each subsequent calendar year through
the use of a renewable energy resource at an eligible facility.
``(B) For incremental hydropower the credits shall be calculated
based on the expected increase in average annual generation resulting
from the efficiency improvements or capacity additions. The number of
credits shall be calculated using the same water flow information used
to determine a historic average annual generation baseline for the
hydroelectric facility and certified by the Secretary or the Federal
Energy Regulatory Commission. The calculation of the credits for
incremental hydropower shall not be based on any operational changes at
the hydroelectric facility not directly associated with the efficiency
improvements or capacity additions.
``(C) The Secretary shall issue two renewable energy credits for
each kilowatt-hour of electric energy generated and supplied to the
grid in that calendar year through the use of a renewable energy
resource at an eligible facility located on Indian land. For purposes
of this paragraph, renewable energy generated by biomass cofired with
other fuels is eligible for two credits only if the biomass was grown
on the land eligible under this paragraph.
``(D) For renewable energy resources produced from a generation
offset, the Secretary shall issue two renewable energy credits for each
kilowatt-hour generated.
``(E) To be eligible for a renewable energy credit, the unit of
electric energy generated through the use of a renewable energy
resource may be sold or may be used by the generator. If both a
renewable energy resource and a nonrenewable energy resource are used
to generate the electric energy, the Secretary shall issue credits
based on the proportion of the renewable energy resource used. The
Secretary shall identify renewable energy credits by type and date of
generation.
``(4) When a generator sells electric energy generated through the
use of a renewable energy resource to a retail electric supplier under
a contract subject to section 210 of this Act, the retail electric
supplier is treated as the generator of the electric energy for the
purposes of this section for the duration of the contract.
``(5) The Secretary may issue credits for existing facility offsets
to be applied against a retail electric supplier's own required annual
percentage. The credits are not tradeable and may only be used in the
calendar year generation actually occurs.
``(e) Credit Trading.--A renewable energy credit may be sold or
exchanged by the entity to whom issued or by any other entity who
acquires the credit. A renewable energy credit for any year that is not
used to satisfy the minimum renewable generation requirement of
subsection (a) for that year may be carried forward for use within the
next 4 years.
``(f) Credit Borrowing.--At any time before the end of calendar
year 2005, a retail electric supplier that has reason to believe it
will not have sufficient renewable energy credits to comply with
subsection (a) may--
``(1) submit a plan to the Secretary demonstrating that the
retail electric supplier will earn sufficient credits within
the next 3 calendar years which, when taken into account, will
enable the retail electric suppliers to meet the requirements
of subsection (a) for calendar year 2005 and the subsequent
calendar years involved; and
``(2) upon the approval of the plan by the Secretary, apply
credits that the plan demonstrates will be earned within the
next 3 calendar years to meet the requirements of subsection
(a) for each calendar year involved.
``(g) Credit Cost Cap.--The Secretary shall offer renewable energy
credits for sale at the lesser of 3 cents per kilowatt-hour or 200
percent of the average market value of credits for the applicable
compliance period. On January 1 of each year following calendar year
2005, the Secretary shall adjust for inflation the price charged per
credit for such calendar year, based on the Gross Domestic Product
Implicit Price Deflator.
``(h) Enforcement.--The Secretary may bring an action in the
appropriate United States district court to impose a civil penalty on a
retail electric supplier that does not comply with subsection (a),
unless the retail electric supplier was unable to comply with
subsection (a) for reasons outside of the supplier's reasonable control
(including weather-related damage, mechanical failure, lack of
transmission capacity or availability, strikes, lockouts, actions of a
governmental authority). A retail electric supplier who does not submit
the required number of renewable energy credits under subsection (a)
shall be subject to a civil penalty of not more than the greater of 3
cents or 200 percent of the average market value of credits for the
compliance period for each renewable energy credit not submitted.
``(i) Information Collection.--The Secretary may collect the
information necessary to verify and audit--
``(1) the annual electric energy generation and renewable
energy generation of any entity applying for renewable energy
credits under this section,
``(2) the validity of renewable energy credits submitted by
a retail electric supplier to the Secretary, and
``(3) the quantity of electricity sales of all retail
electric suppliers.
``(j) Environmental Savings Clause.--Incremental hydropower shall
be subject to all applicable environmental laws and licensing and
regulatory requirements.
``(k) State Savings Clause.--This section does not preclude a State
from requiring additional renewable energy generation in that State, or
from specifying technology mix.
``(l) Definitions.--For purposes of this section:
``(1) Biomass.--The term `biomass' means any organic
material that is available on a renewable or recurring basis,
including dedicated energy crops, trees grown for energy
production, wood waste and wood residues, plants (including
aquatic plants, grasses, and agricultural crops), residues,
fibers, animal wastes and other organic waste materials, and
fats and oils, except that with respect to material removed
from National Forest System lands the term includes only
organic material from--
``(A) thinnings from trees that are less than 12
inches in diameter;
``(B) slash;
``(C) brush; and
``(D) mill residues.
``(2) Eligible facility.--The term `eligible facility'
means--
``(A) a facility for the generation of electric
energy from a renewable energy resource that is placed
in service on or after the date of enactment of this
section; or
``(B) a repowering or cofiring increment that is
placed in service on or after the date of enactment of
this section at a facility for the generation of
electric energy from a renewable energy resource that
was placed in service before that date.
``(3) Eligible renewable energy resource.--The term
`renewable energy resource' means solar, wind, ocean, or
geothermal energy, biomass (excluding solid waste and paper
that is commonly recycled), landfill gas, a generation offset,
or incremental hydropower.
``(4) Generation offset.--The term `generation offset'
means reduced electricity usage metered at a site where a
customer consumes energy from a renewable energy technology.
``(5) Existing facility offset.--The term `existing
facility offset' means renewable energy generated from an
existing facility, not classified as an eligible facility, that
is owned or under contract to a retail electric supplier on the
date of enactment of this section.
``(6) Incremental hydropower.--The term `incremental
hydropower' means additional generation that is achieved from
increased efficiency or additions of capacity after the date of
enactment of this section at a hydroelectric dam that was
placed in service before that date.
``(7) Indian land.--The term `Indian land' means--
``(A) any land within the limits of any Indian
reservation, pueblo, or rancheria,
``(B) any land not within the limits of any Indian
reservation, pueblo, or rancheria title to which was on
the date of enactment of this paragraph either held by
the United States for the benefit of any Indian tribe
or individual or held by any Indian tribe or individual
subject to restriction by the United States against
alienation,
``(C) any dependent Indian community, and
``(D) any land conveyed to any Alaska Native
corporation under the Alaska Native Claims Settlement
Act.
``(8) Indian tribe.--The term `Indian tribe' means any
Indian tribe, band, nation, or other organized group or
community, including any Alaskan Native village or regional or
village corporation as defined in or established pursuant to
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.), which is recognized as eligible for the special programs
and services provided by the United States to Indians because
of their status as Indians.
``(9) Renewable energy.--The term `renewable energy' means
electric energy generated by a renewable energy resource.
``(10) Renewable energy resource.--The term `renewable
energy resource' means solar, wind, ocean, or geothermal
energy, biomass (including municipal solid waste), landfill
gas, a generation offset, or incremental hydropower.
``(11) Repowering or cofiring increment.--The term
`repowering or cofiring increment' means the additional
generation from a modification that is placed in service on or
after the date of enactment of this section to expand
electricity production at a facility used to generate electric
energy from a renewable energy resource or to cofire biomass
that was placed in service before the date of enactment of this
section, or the additional generation above the average
generation in the 3 years preceding the date of enactment of
this section, to expand electricity production at a facility
used to generate electric energy from a renewable energy
resource or to cofire biomass that was placed in service before
the date of enactment of this section.
``(12) Retail electric supplier.--The term `retail electric
supplier' means a person that sells electric energy to electric
consumers and sold not less than 1,000,000 megawatt-hours of
electric energy to electric consumers for purposes other than
resale during the preceding calendar year, except that such
term does not include the United States, a State or any
political subdivision of a State, or any agency, authority, or
instrumentality of any one or more of the foregoing, or a rural
electric cooperative.
``(13) Retail electric supplier's base amount.--The term
`retail electric supplier's base amount' means the total amount
of electric energy sold by the retail electric supplier to
electric customers during the most recent calendar year for
which information is available, excluding electric energy
generated by--
``(A) an eligible renewable energy resource;
``(B) municipal solid waste; or
``(C) a hydroelectric facility.
``(m) Sunset.--This section expires December 31, 2030.''. | Amends the Public Utility Regulatory Policies Act of 1978 to prescribe guidelines for a Federal Renewable Portfolio Standard under which retail electric suppliers submit renewable energy credits to the Secretary. | {"src": "billsum_train", "title": "To amend title VI of the Public Utility Regulatory Policies Act of 1978 to establish a Federal renewable energy portfolio standard for certain retail electric utilities, and for other purposes."} | 2,962 | 36 | 0.529375 | 1.197141 | 0.57071 | 3.806452 | 89.612903 | 0.903226 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Abandoned Hardrock Mines Reclamation
Act of 1997''.
SEC. 2. RECLAMATION FEE.
(a) Reservation of Reclamation Fee.--Any person producing hardrock
minerals from a mine that was within a mining claim that has
subsequently been patented under the general mining laws shall pay a
reclamation fee to the Secretary under this section. The amount of such
fee shall be equal to a percentage of the net proceeds from such mine.
The percentage shall be based upon the ratio of the net proceeds to the
gross proceeds related to such production in accordance with the
following table:
Net proceeds as percentage of gross Rate of fee as percentage of net
proceeds proceeds
Less than 10................................................... 2.00
10 or more but less than 18.................................... 2.50
18 or more but less than 26.................................... 3.00
26 or more but less than 34.................................... 3.50
34 or more but less than 42.................................... 4.00
42 or more but less than 50.................................... 4.50
50 or more..................................................... 5.00
(b) Exemption.--Gross proceeds of less than $500,000 from minerals
produced in any calendar year shall be exempt from the reclamation fee
under this section for that year if such proceeds are from one or more
mines located in a single patented claim or on two or more contiguous
patented claims.
(c) Payment.--The amount of all fees payable under this section for
any calendar year shall be paid to the Secretary within 60 days after
the end of such year.
(d) Disbursement of Revenues.--The receipts from the fee collected
under this section shall be paid into an Abandoned Minerals Mine
Reclamation Fund.
(e) Effective Date.--This section shall take effect with respect to
hardrock minerals produced in calendar years after December 31, 1996.
SEC. 3. ABANDONED MINERALS MINE RECLAMATION FUND.
(a) Establishment.--
(1) There is established on the books of the Treasury of
the United States an interest-bearing fund to be known as the
Abandoned Minerals Mine Reclamation Fund (hereafter referred to
in this section as the ``Fund''). The Fund shall be
administered by the Secretary.
(2) The Secretary shall notify the Secretary of the
Treasury as to what portion of the Fund is not, in his
judgment, required to meet current withdrawals. The Secretary
of the Treasury shall invest such portion of the Fund in public
debt securities with maturities suitable for the needs of such
Fund and bearing interest at rates determined by the Secretary,
taking into consideration current market yields on outstanding
marketplace obligations of the United States of comparable
maturities. The income on such investments shall be credited
to, and from a part of, the Fund.
(b) Use and Objectives of the Fund.--The Secretary is, subject to
appropriations, authorized to use moneys in the Fund for the
reclamation and restoration of land and water resources adversely
affected by past mineral (other than coal and fluid minerals) and
mineral material mining, including but not limited to, any of the
following:
(1) Reclamation and restoration of abandoned surface mined
areas.
(2) Reclamation and restoration of abandoned milling and
processing areas.
(3) Sealing, filing, and grading abandoned deep mine
entries.
(4) Planting of land adversely affected by past mining to
prevent erosion and sedimentation.
(5) Prevention, abatement, treatment, and control of water
pollution created by abandoned mine drainage.
(6) Control of surface subsidence due to abandoned deep
mines.
(7) Such expenses as may be necessary to accomplish the
purposes of this section.
(c) Eligible Areas.--
(1) Land and waters eligible for reclamation expenditures
under this section shall be those within the boundaries of
States that have lands subject to the general mining laws--
(A) which were mined or processed for minerals and
mineral materials or which were affected by such
mining or processing, and abandoned or left in an inadequate
reclamation status prior to the date of enactment of this title;
(B) for which the Secretary makes a determination
that there is no continuing reclamation responsibility
under State or Federal laws; and
(C) for which it can be established that such lands
do not contain minerals which could economically be
extracted through the reprocessing or remining of such
lands.
(2) Sites and areas designated for remedial action pursuant
to the Uranium Mill Tailings Radiation Control Act of 1978 (42
U.S.C. 7901 and following) or which have been listed for
remedial action pursuant to the Comprehensive Environmental
Response Compensation and Liability Act of 1980 (42 U.S.C. 9601
and following) shall not be eligible for expenditures from the
Fund under this section.
SEC. 4. DEFINITIONS.
As used in this Act:
(1) The term ``gross proceeds'' means the value of any
extracted hardrock mineral which was:
(A) sold;
(B) exchanged for any thing or service;
(C) removed from the country in a form ready for
use or sale; or
(D) initially used in a manufacturing process or in
providing a service.
(2) The term ``net proceeds'' means gross proceeds less the
sum of the following deductions:
(A) The actual cost of extracting the mineral.
(B) the actual cost of transporting the mineral to
the place or places of reduction, refining and sale.
(C) The actual cost of reduction, refining and
sale.
(D) The actual cost of marketing and delivering the
mineral and the conversion of the mineral into money.
(E) The actual cost of maintenance and repairs of:
(i) All machinery, equipment, apparatus and
facilities used in the mine.
(ii) All milling, refining, smelting and
reduction works, plants and facilities.
(iii) All facilities and equipment for
transportation.
(F) The actual cost of fire insurance on the
machinery, equipment, apparatus, works, plants and
facilities mentioned in subsection (E).
(G) Depreciation of the original capitalized cost
of the machinery, equipment, apparatus, works, plants
and facilities mentioned in subsection (E).
(H) All money expended for premiums for industrial
insurance, and the actual cost of hospital and medical
attention and accident benefits and group insurance for
all employees.
(I) The actual cost of developmental work in or
about the mine or upon a group of mines when operated
as a unit.
(J) All royalties and severance taxes paid to the
Federal Government or State governments.
(3) The term ``hardrock minerals'' means any mineral other
than a mineral that would be subject to disposition under any
of the following if located on land subject to the general
mining laws:
(A) the Mineral Leasing Act (30) U.S.C. 181 and
following);
(B) the Geothermal Steam Act of 1970 (30 U.S.C. 100
and following);
(C) the Act of July 31, 1947, commonly known as the
Materials Act of 1947 (30 U.S.C. 601 and following; or
(D) the Mineral Leasing for Acquired Lands Act (30
U.S.C. 351 and following).
(4) The term ``Secretary'' means the Secretary of the
Interior.
(5) The term ``patented mining claim'' means an interest in
land which has been obtained pursuant to sections 2325 and 2326
of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode
claims and sections 2329, 2330, 2331, and 2333 of the Revised
Statutes (30 U.S.C. 35, 36 and 37) for placer claims, or
section 2337 of the Revised Statutes (30 U.S.C. 42) for mill
site claims.
(6) The term ``general mining laws'' means those Acts which
generally comprise Chapters 2, 12A, and 16, and sections 161
and 162 of title 30 of the United States Code. | Abandoned Hardrock Mines Reclamation Act of 1997 - Sets forth a fee schedule under which a producer of hardrock minerals from a mine that was within a mining claim that has subsequently been patented under the general mining laws must pay the Secretary of the Interior a reclamation fee computed as a specified percentage of net proceeds.
Establishes the Abandoned Minerals Mine Reclamation Fund, composed of such fees for the reclamation and restoration of land and water resources adversely affected by past minerals activities (other than coal and fluid minerals activities). | {"src": "billsum_train", "title": "Abandoned Hardrock Mines Reclamation Act of 1997"} | 1,765 | 126 | 0.556082 | 1.316948 | 0.582924 | 4.556701 | 16.927835 | 0.886598 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Elimination of Double Subsidies for
the Hardrock Mining Industry Act of 1999''.
SEC. 2. REPEAL OF PERCENTAGE DEPLETION ALLOWANCE FOR CERTAIN HARDROCK
MINES.
(a) In General.--Section 613(a) of the Internal Revenue Code of
1986 (relating to percentage depletion) is amended by inserting
``(other than hardrock mines located on lands subject to the general
mining laws or on land patented under the general mining laws)'' after
``In the case of the mines''.
(b) General Mining Laws Defined.--Section 613 of the Internal
Revenue Code of 1986 is amended by adding at the end the following:
``(f) General Mining Laws.--For purposes of subsection (a), the
term `general mining laws' means those Acts which generally comprise
chapters 2, 12A, and 16, and sections 161 and 162 of title 30 of the
United States Code.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1998.
SEC. 3. ABANDONED MINE RECLAMATION FUND.
(a) In General.--Subchapter A of chapter 98 of the Internal Revenue
Code of 1986 (relating to establishment of trust funds) is amended by
adding at the end the following:
``SEC. 9511. ABANDONED MINE RECLAMATION FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Abandoned Mine
Reclamation Trust Fund' (in this section referred to as `Trust Fund'),
consisting of such amounts as may be appropriated or credited to the
Trust Fund as provided in this section or section 9602(b).
``(b) Transfers to Trust Fund.--There are hereby appropriated to
the Trust Fund amounts equivalent to 25 percent of the additional
revenues received in the Treasury by reason of the amendments made by
section 2 of the Elimination of Double Subsidies for the Hardrock
Mining Industry Act of 1999.
``(c) Expenditures From Trust Fund.--
``(1) In general.--Amounts in the Trust Fund shall be
available, as provided in appropriation Acts, to the Secretary
of the Interior for--
``(A) the reclamation and restoration of lands and
water resources described in paragraph (2) adversely
affected by mineral (other than coal and fluid
minerals) and mineral material mining, including--
``(i) reclamation and restoration of
abandoned surface mine areas and abandoned
milling and processing areas,
``(ii) sealing, filling, and grading
abandoned deep mine entries,
``(iii) planting on lands adversely
affected by mining to prevent erosion and
sedimentation,
``(iv) prevention, abatement, treatment,
and control of water pollution created by
abandoned mine drainage, and
``(v) control of surface subsidence due to
abandoned deep mines, and
``(B) the expenses necessary to accomplish the
purposes of this section.
``(2) Lands and water resources.--
``(A) In general.--The lands and water resources
described in this paragraph are lands within States
that have land and water resources subject to the
general mining laws or lands patented under the general
mining laws--
``(i) which were mined or processed for
minerals and mineral materials or which were
affected by such mining or processing, and
abandoned or left in an inadequate reclamation
status before the date of the enactment of this
section,
``(ii) for which the Secretary of the
Interior makes a determination that there is no
continuing reclamation responsibility under
State or Federal law, and
``(iii) for which it can be established to
the satisfaction of the Secretary of the
Interior that such lands or resources do not
contain minerals which could economically be
extracted through remining of such lands or
resources.
``(B) Certain sites and areas excluded.--The lands
and water resources described in this paragraph shall
not include sites and areas which are designated for
remedial action under the Uranium Mill Tailings
Radiation Control Act of 1978 (42 U.S.C. 7901 et seq.)
or which are listed for remedial action under the
Comprehensive Environmental Response Compensation and
Liability Act of 1980 (42 U.S.C. 9601 et seq.).
``(3) General mining laws.--For purposes of paragraph (2),
the term `general mining laws' means those Acts which generally
comprise chapters 2, 12A, and 16, and sections 161 and 162 of
title 30 of the United States Code.''
(b) Conforming Amendment.--The table of sections for subchapter A
of chapter 98 of the Internal Revenue Code of 1986 is amended by adding
at the end the following:
``Sec. 9511. Abandoned Mine Reclamation
Trust Fund.'' | Elimination of Double Subsidies for the Hardrock Mining Industry Act of 1999 - Amends the Internal Revenue Code to disallow the percentage depletion allowance for hardrock mines located on land currently subject to the general mining laws, or on land patented under such laws. Establishes the Abandoned Mine Reclamation Trust fund in the Treasury. Appropriates to such Fund amounts equal to 25 percent of the additional revenues received by reason of the above change in the percentage depletion allowance. Prescribes guidelines under which such fund shall be available to the Secretary of the Interior for reclamation and restoration of lands and water resources adversely affected by mineral and mineral material mining (excluding coal and fluid materials). | {"src": "billsum_train", "title": "Elimination of Double Subsidies for the Hardrock Mining Industry Act of 1999"} | 1,142 | 154 | 0.639129 | 1.740999 | 0.729828 | 3.096 | 7.928 | 0.888 |
That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for fiscal year 2015, and for other purposes, namely:
DEPARTMENT OF JUSTICE
Office of Justice Programs
state and local law enforcement assistance
For an additional amount for ``State and Local Law Enforcement
Assistance'', $140,000,000, to remain available until September 30,
2016, of which--
(1) $115,000,000 is for the Edward Byrne Memorial Justice
Assistance Grant program, of which $15,000,000 is for the
Edward Byrne Memorial criminal justice innovation program;
(2) $5,000,000 is for Drug Courts;
(3) $5,000,000 is for mental health courts;
(4) $10,000,000 is for competitive and evidence-based
programs to reduce gun crime and gang violence; and
(5) $5,000,000 is for a veterans treatment courts program.
juvenile justice programs
For an additional amount for ``Juvenile Justice Programs'',
$10,000,000, to remain available until September 30, 2016, for
community-based violence prevention initiatives, including for public
health approaches to reducing shootings and violence.
Community Oriented Policing Services
community oriented policing services programs
For an additional amount for ``Community Oriented Policing Services
Programs'', $30,000,000, to remain available until September 30, 2016,
of which--
(1) $15,000,000 is for competitive grants to State law
enforcement agencies in States with high seizures of precursor
chemicals, finished methamphetamine, laboratories, and
laboratory dump seizures: Provided, That funds appropriated
under this paragraph shall be utilized for investigative
purposes to locate or investigate illicit activities, including
precursor diversion, laboratories, or methamphetamine
traffickers; and
(2) $15,000,000 is for competitive grants to statewide law
enforcement agencies in States with high rates of primary
treatment admissions for heroin and other opioids: Provided,
That these funds shall be utilized for investigative purposes
to locate or investigate illicit activities, including
activities related to the distribution of heroin or unlawful
distribution of prescription opioids, or unlawful heroin and
prescription opioid traffickers through statewide
collaboration.
INDEPENDENT AGENCIES
Small Business Administration
entrepreneurial development programs
For an additional amount for ``Entrepreneurial Development
Programs'', $4,000,000, to remain available until September 30, 2016.
business loans program account
For an additional amount for ``Business Loans Program Account'',
$1,000,000, to remain available until expended, for the cost of direct
loans.
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For an additional amount for ``Training and Employment Services'',
$265,000,000, to remain available until September 30, 2016.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
maternal and child health
For an additional amount for the Healthy Start Initiative under
section 330H of the Public Health Service Act (42 U.S.C. 254c-8),
$50,000,000, to remain available until September 30, 2016.
Substance Abuse and Mental Health Services Administration
substance abuse treatment
For an additional amount for drug court grants as authorized under
section 509 of the Public Health Service Act, $10,000,000, to remain
available until September 30, 2016.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Public and Indian Housing
choice neighborhoods initiative
For an additional amount for ``Choice Neighborhoods Initiative'',
$170,000,000, to remain available until September 30, 2016.
Community Planning and Development
community development fund
(including transfer of funds)
For an additional amount for ``Community Development Fund'',
$500,000,000, to remain available until September 30, 2016, for
necessary expenses related to emergency response, long-term recovery,
restoration of infrastructure and housing, and economic revitalization
in the most impacted and distressed areas resulting from sudden
violence, civil unrest or other major disturbance affecting human life
and safety in calendar year 2015, for activities authorized under title
I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301
et seq.): Provided, That funds shall be awarded to a State, tribe, or
unit of general local government as a grantee at the discretion of the
Secretary of Housing and Urban Development for distressed communities
determined by the Secretary to be distressed due to insufficient
capacity to respond to and recover from the unanticipated event and
objectively measurable criteria such as high levels of racial or income
segregation, or both, low levels of employment among 16 to 64 year
olds, low levels of college enrollment or employment for low-income
youth aged 17 to 25, concentrations of poor-performing schools, high
rates of infant mortality, large numbers of vacant and abandoned homes,
and low-income populations in close proximity to brownfields or other
environmentally hazardous areas: Provided further, That prior to the
obligation of funds, a grantee shall submit a plan to the Secretary for
approval detailing the proposed use of all funds, including criteria
for eligibility and how the use of these funds will address long-term
recovery and restoration of infrastructure and housing and economic
revitalization in the most impacted and distressed areas: Provided
further, That the Secretary shall by notice specify the criteria for
approval of such plans within 45 days of enactment of this Act:
Provided further, That if the Secretary determines that a plan does not
meet such criteria, the Secretary shall disapprove the plan: Provided
further, That funds allocated under this heading shall not be
considered relevant to the non-emergency formula allocations made
pursuant to section 106 of the Housing and Community Development Act of
1974 (42 U.S.C. 5306): Provided further, That the Secretary shall
provide grantees with training on grant management, including on the
use of contracts and subrecipient agreements, and shall require
grantees to incorporate performance requirements and penalties into any
such contracts or subrecipient agreements: Provided further, That, in
administering the funds under this heading, the Secretary may waive, or
specify alternative requirements for, any provision of any statute or
regulation that the Secretary administers in connection with the
obligation by the Secretary or the use by the recipient of these funds
(except for requirements related to fair housing, nondiscrimination,
labor standards, and the environment) pursuant to a determination by
the Secretary that good cause exists for the waiver or alternative
requirement and that such action is not inconsistent with the overall
purposes of title I of the Housing and Community Development Act of
1974 (42 U.S.C. 5301 et seq.): Provided further, That, notwithstanding
any other provision of law, the Secretary may use up to 30 percent of
these funds to supplement existing, competitively awarded agreements
for technical assistance to provide immediate community response,
recovery, and revitalization assistance to affected communities:
Provided further, That, of the funds made available under this heading,
up to $10,000,000 may be transferred to ``Program Office Salaries and
Expenses--Community Planning and Development'' or to ``Department of
Housing and Urban Development--Office of Inspector General'', for
necessary costs, including information technology costs, of
administering and overseeing funds made available under this heading.
Office of Lead Hazard Control and Healthy Homes
lead hazard reduction
For an additional amount for ``Lead Hazard Reduction'',
$30,000,000, to remain available until September 30, 2016.
GENERAL PROVISIONS
moving-to-work
Sec. 101. The Secretary of Housing and Urban Development shall
extend the current Moving-to-Work agreements of previously designated
participating agencies until the end of each such agency's fiscal year
2028 under the same terms and conditions of such current agreements,
except for any changes to such terms or conditions otherwise mutually
agreed upon by the Secretary and any such agency and such extension
agreements shall prohibit any statutory offset of any reserve balances
equal to four months of operating expenses. Any such reserve balances
that exceed such amount shall remain available to any such agency for
all permissible purposes under such agreement unless subject to a
statutory offset. In addition to other reporting requirements, all
Moving-to-Work agencies shall report financial data to the Department
of Housing and Urban Development as specified by the Secretary, so that
the effect of Moving-to-Work policy changes can be measured.
emergency designation
Sec. 102. Each amount provided in this Act is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985, except that each amount shall be available only if the
President subsequently so designates all such amounts and transmits
such designations to the Congress.
This Act may be cited as the ``Rebuilding Urban Inner Cities Is
Long Overdue Act of 2015'' or the ``REBUILD Act''. | Rebuilding Urban Inner Cities Is Long Overdue Act of 2015 or the REBUILD Act Provides FY2015 supplemental appropriations for the Department of Justice (DOJ), the Small Business Administration (SBA), the Department of Labor, the Department of Health and Human Services (HHS), and the Department of Housing and Urban Development (HUD). Designates each amount provided by this bill as an emergency requirement, pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985. Provides that the funds are only available if the President subsequently designates the amounts. (Emergency spending is exempt from discretionary spending limits and other budget enforcement rules.) Provides appropriations to DOJ for: the Office of Justice Programs, including State and Local Law Enforcement Assistance and Juvenile Justice Programs; and Community Oriented Policing Services (COPS). Provides appropriations to the SBA for Entrepreneurial Development Programs and the Business Loans Program Account. Provides appropriations to Labor for the Employment and Training Administration. Provides appropriations to HHS for the Health Resources and Services Administration and the Substance Abuse and Mental Health Services Administration. Provides appropriations to HUD for Public and Indian Housing, Community Planning and Development, and the Office of Lead Hazard Control and Healthy Homes. Requires HUD to extend current Moving to Work agreements of previously designated participating agencies until the end of FY2028, subject to specified requirements and restrictions. (Moving to Work is a demonstration program that provides HUD and local Public Housing Authorities flexibility to test alternative policies for providing housing assistance through the Section 8 Housing Choice Voucher program and the public housing program.) | {"src": "billsum_train", "title": "REBUILD Act"} | 1,866 | 366 | 0.463772 | 1.524936 | 0.674083 | 2.571429 | 5.857143 | 0.850498 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Land-Based Marine Debris Reduction
Act''.
SEC. 2. FINDINGS.
Congress finds and declares the following:
(1) Because the United States has the largest Exclusive
Economic Zone of all nations, it has a disproportionate
economic interest in a healthy ocean.
(2) The United States has a strategic interest in healthy
fisheries, marine ecosystems, and a strong ocean economy.
(3) Solid waste is littering the Nation's waterways,
including streams, rivers, and lakes, most notably the Great
Lakes, and much of this marine debris is collecting in the
oceans.
(4) An estimated 80 percent of litter that ends up in the
oceans comes from land-based sources, and litter in the
Nation's waterways has numerous detrimental effects.
(5) Marine debris injures wildlife, sometimes resulting in
death, degrades ecosystems, interferes with navigation,
threatens public health and safety, and creates additional
expenditures for shipping, fishing, tourism, and coastal
communities.
(6) Only about 46 percent of the Nation's waste is recycled
or composted, including through waste-to-energy.
(7) Successful solid waste management requires creative use
of the entire hierarchy of solid waste management, waste
reduction, recycling, waste-to-energy operations, and
landfilling.
(8) Recycling can play a significant role in reducing
municipal waste and marine debris.
(9) The failure to recycle and reuse materials is a
significant and unnecessary waste of important national energy
and material resources.
(10) Comprehensive, multi-material recycling programs
represent the most cost-effective and efficient method of
meeting recycling goals and reducing marine debris.
(11) The responsibility to recycle should be shared by all
consumers of recyclable goods including individual households,
municipalities, and commercial and institutional
establishments.
SEC. 3. NATIONAL GOALS FOR WASTE REDUCTION AND RECYCLING.
(a) Source Reduction.--Congress declares it to be the national goal
of the United States that there shall be no increase in the generation
of solid waste sent to landfills above the level of solid waste
generated and sent to landfills in the year of the enactment of this
Act (as determined by the Administrator).
(b) Waste Recycling.--Congress declares it to be the national goal
of the United States that at least 50 percent of the municipal solid
waste stream shall be recycled by the end of 2020, and 65 percent of
such waste stream shall be recycled by the end of 2030 (as determined
by the Administrator).
(c) Marine Debris Reduction.--Congress declares it to be the
national goal of the United States that there shall be no increase in
the flow of marine debris into the ocean above the level of such flow
in the year of the enactment of this Act (as determined by the
Administrator).
SEC. 4. ANNUAL REPORT.
(a) Requirement.--The Administrator shall report to Congress each
year the following:
(1) The amount and composition of municipal solid waste
generated in the United States.
(2) The amount and composition of municipal solid waste
generated in the United States that enters the ocean.
(3) The methods used to manage such waste.
(4) The progress made in achieving the source reduction,
recycling, and marine debris reduction goals of this Act, the
impediments to the attainment of such goals, and
recommendations on the regulatory or legislative initiatives
necessary to attain such goals.
(b) First Report.--The first report under this section shall be
submitted not later than 18 months after the date of the enactment of
this Act.
SEC. 5. REPORT ON PRIMARY LEAKAGE PATHS OF MARINE DEBRIS INTO THE
OCEAN.
Not later than 18 months after the date of enactment of this Act,
the Administrator shall provide to Congress a report that includes the
following:
(1) Identification of the pathways through which marine
debris reaches the ocean, such as consumer discards, flawed
waste management designs, and infrastructural leaks, as
determined in consultation with experts, including waste
management, consumer goods, and infrastructure experts.
(2) Best practices that may be used at the Federal, State,
and local level to reduce or eliminate such pathways, including
methods to address infrastructural leaks, regulation, or
economic incentives.
SEC. 6. PRODUCTS AND PACKAGING REQUIREMENTS.
(a) List and Recycling Determinations.--
(1) Not later than 2 years after the date of the enactment
of this Act, the Administrator, in consultation with the
Secretary of Commerce, shall develop a list of categories of
commonly used products and packaging which are discarded into
the municipal solid waste stream. With respect to each category
on the list, the Administrator shall determine the following:
(A) The percentage of recovered materials used in
the manufacture of products or packaging in each
category.
(B) The source reduction and recovery efficiency of
products or packaging in each category.
(C) The percentage of products or packaging in each
category that is recycled upon discard.
(D) The percentage of products or packaging in each
category that enters the ocean upon discard or is
otherwise littered.
(E) The life cycle environmental effects associated
with the products or packaging in each category
compared to product or packaging alternatives, using
standard life cycle assessment methodologies and
categories of environmental impacts, including climate
change, human health, eutrophication, acidification,
water use, land use, and ecosystems toxicity.
(2) Upon completion of the list and determinations required
under paragraph (1), the Administrator shall identify
categories of products or packaging that shall be targeted for
regulatory action under subsection (b). The Administrator shall
target a category based upon high overall life cycle impact of
the product or package compared to the alternatives,
considering categories of environmental impacts, recovered
material content, recyclability, and high volume in the waste
stream.
(b) Regulatory Action.--With respect to each category of product or
packaging identified under subsection (a)(2), the Administrator may
take the following actions:
(1) The Administrator may promulgate regulations to require
the manufacturer of the product or packaging to use recovered
materials of that or another category in the product or
packaging. In promulgating regulations under this paragraph,
the Administrator shall, to the extent practicable, consider
the potential life cycle impacts of requiring recovered
material content in a product or packaging on increasing
greenhouse gases and water usage, current regulations regarding
the use of recovered materials, and potential market
disruptions to recovered materials.
(2) The Administrator may phase in any of the actions taken
under paragraph (1) if the Administrator determines it to be
necessary for economic reasons.
SEC. 7. PACKAGING STANDARDS.
The Administrator and the Secretary of Commerce, in consultation
with affected industries, experts in package design and marketing,
companies engaged in collecting and processing products and packages,
and environmental organizations, shall develop a voluntary system of
packaging standards with respect to materials contained within the
packaging and the recyclability of the packaging upon discard, which
may include implementation of an existing labeling standard where
appropriate. The standards shall provide that packaging that meets the
standards shall be eligible to use a label indicating compliance with
the standards for promotion and educational purposes.
SEC. 8. REPORT ON LANDFILL CLOSURES.
Not later than 1 year after the date of the enactment of this Act,
the Administrator shall submit to Congress a report analyzing the costs
and difficulties encountered by States and local communities in closing
landfills. The report shall include recommendations on the types and
levels of Federal assistance (including technical guidance and funds)
that should be provided to States and local communities for such
purpose.
SEC. 9. DEFINITIONS.
For purposes of this Act:
(1) The term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
(2) The term ``marine debris'' is human-created waste that
has been discharged into the coastal or marine environment,
including any anthropogenic, manufactured, or processed solid
material (regardless of size) discarded, disposed of, or
abandoned in the environment, including all materials discarded
into the ocean, on the shore, or brought indirectly to the
ocean by rivers, sewage, storm water, waves, or wind.
(3) The term ``recovered material'' has the meaning given
that term in section 1004 of the Solid Waste Disposal Act (42
U.S.C. 6903).
(4) The term ``recycled'' means reused, recovered, or
reclaimed from solid waste through any means, including
remanufacturing, reprocessing, and waste-to-energy
technologies. | Land-Based Marine Debris Reduction Act This bill declares national goals of no increase in the generation of solid waste sent to landfills, no increase in the flow of human-created marine debris into the ocean, and recycling of at least 50% of the municipal solid waste stream by the end of 2020 and 65% by the end of 2030. The Environmental Protection Agency (EPA) must report on: (1) municipal solid waste generation, waste management methods, and progress in meeting the goals; (2) leakage paths of marine debris into the ocean; and (3) the costs and difficulties in closing landfills. The EPA must develop a list of categories of commonly used products and packaging that are discarded into the municipal solid waste stream and determine with respect to the products or packaging in each category: (1) the percentage of recovered materials used in their manufacture; (2) the source reduction and recovery efficiency; (3) the percentage that is recycled upon discard and the percentage that is littered; and (4) the life cycle environmental effects associated with them, compared to alternatives. The EPA must identify categories to be targeted for regulatory action. Regulations may require manufacturers to use recovered materials in the product or packaging. The EPA and the Department of Commerce must develop a voluntary system of packaging standards with respect to materials contained within the packaging and the recyclability of the packaging upon discard. The standard has to provide that packaging that meets the standards be eligible to use a label indicating compliance for promotional and educational purposes. | {"src": "billsum_train", "title": "Land-Based Marine Debris Reduction Act"} | 1,859 | 307 | 0.620321 | 1.856075 | 0.784223 | 3.765101 | 6.036913 | 0.926174 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``New Collar Jobs
Act of 2017''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Employee cybersecurity education.
Sec. 4. Student loan repayment for certain cybersecurity employees.
Sec. 5. CyberCorps scholarship-for-service program.
Sec. 6. Increased funding for Advanced Technology Education program.
Sec. 7. Cybersecurity training incentive for Government contracts.
SEC. 2. FINDINGS.
Congress find the following:
(1) Domestic factory output has increased by 21 percent
since June 2009, but manufacturing employment has only
increased 5 percent during that time, and has been flat since
late 2014.
(2) As manufacturers leverage new technologies from
robotics to distributed control systems to create modern
factories and industrial plants, different employment
requirements have emerged including the need for cybersecurity
talent.
(3) Leading cybersecurity experts have reported spike of
250 percent in industrial automation and control system cyber-
incidents occurring during the period between 2011 and 2015 and
as a result are seeking personnel with knowledge of their
industry coupled with knowledge of security technology to
prevent their organization from becoming victims of cyber-
attacks.
SEC. 3. EMPLOYEE CYBERSECURITY EDUCATION.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 45S. EMPLOYEE CYBERSECURITY EDUCATION.
``(a) In General.--For purposes of section 38, the employee
cybersecurity education credit determined under this section for the
taxable year is an amount equal to 50 percent of the aggregate
qualified employee cybersecurity education expenses paid or incurred by
the employer during such taxable year.
``(b) Limitation.--The amount allowed as a credit under subsection
(a) for the taxable year with respect to an employee shall not exceed
$5,000.
``(c) Qualified Employee Cybersecurity Education Expenses.--For
purposes of this section, the term `qualified employee cybersecurity
education expenses' means amounts paid or incurred for each employee
who earns a certificate or degree at the undergraduate or graduate
level or industry-recognized certification relating to those specialty
areas and work roles that are listed in NCWF Work Roles in the document
entitled, `NICE Cybersecurity Workforce Framework (NCWF)', published by
the National Initiative for Cybersecurity Education (NICE) of the
National Institute of Standards and Technology.
``(d) Certain Rules To Apply.--Rules similar to the rules of
subsections (i)(1) and (k) of section 51 shall apply for purposes of
this section.''.
(b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of such Code is amended by striking ``plus'' at the end of
paragraph (35), by striking the period at the end of paragraph (36) and
inserting ``, plus'', and by adding at the end the following new
paragraph:
``(37) the employee cybersecurity education credit
determined under section 45S(a).''.
(c) Denial of Double Benefit.--Subsection (a) of section 280C of
such Code is amended by inserting ``45S(a),'' after ``45P(a),''.
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45S. Employee cybersecurity education.''.
(e) Effective Date.--The amendments made by this section shall
apply to individuals commencing apprenticeship programs after the date
of the enactment of this Act.
SEC. 4. STUDENT LOAN REPAYMENT FOR CERTAIN CYBERSECURITY EMPLOYEES.
Section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e)
is amended by adding at the end the following:
``(r) Loan Repayment for Cybersecurity Workers in Economically
Distressed Area.--
``(1) In general.--The Secretary shall cancel the amount
described in paragraph (2) of the balance of interest and
principal due, in accordance with such paragraph, on any
eligible Federal Direct Loan not in default for a borrower
who--
``(A) makes 36 consecutive monthly payments on the
eligible Federal Direct Loan after the date of the
enactment of this section pursuant to any one or a
combination of the following--
``(i) payments under an income-based
repayment plan under section 493C;
``(ii) payments under a standard repayment
plan under subsection (d)(1)(A), based on a 10-
year repayment period;
``(iii) monthly payments under a repayment
plan under subsection (d)(1) or (g) of not less
than the monthly amount calculated under
subsection (d)(1)(A), based on a 10-year
repayment period; or
``(iv) payments under an income contingent
repayment plan under subsection (d)(1)(D); and
``(B) during the period in which the borrower makes
each of the 36 consecutive monthly payments described
in subparagraph (A), has been employed in a
cybersecurity job--
``(i) located in an area that, for at least
12 of such consecutive monthly payments is an
economically distressed area; and
``(ii) that requires that the borrower work
in the economically distressed area no less
than 60 percent of total work hours.
``(2) Cancellation amount.--After the conclusion of the
employment period described in paragraph (1), the Secretary
shall cancel the lesser of the following:
``(A) The obligation to repay the balance of
principal and interest due as of the time of such
cancellation, on the eligible Federal Direct Loans made
to the borrower under this part.
``(B) $25,000.
``(3) Ineligibility of double benefits.--No borrower may,
for the same service, receive a reduction of loan obligations
under both this subsection and--
``(A) subsection (m); or
``(B) section 428J, 428K, 428L, or 460.
``(4) Definitions.--In this section:
``(A) Cybersecurity job.--The term `cybersecurity
job' means--
``(i) a skill role as defined in the NCWF
Work Roles by the National Initiative for
Cybersecurity Education (NICE) Cybersecurity
Workforce Framework (NCWF) of the National
Institute of Standards and Technology, Special
Publication 800-181, or any successor document;
or
``(ii) teaching a cybersecurity course for
a skill role described in clause (i).
``(B) Economically distressed area.--The term
`economically distressed area' means an area that meets
one or more criteria under section 301(a) of the Public
Works and Economic Development Act of 1965 (42 U.S.C.
3161(a)).''.
SEC. 5. CYBERCORPS SCHOLARSHIP-FOR-SERVICE PROGRAM.
(a) Funding Increase.--It is the sense of the Congress that the
number of scholarships awarded by the National Science Foundation for
scholarships awarded under the Federal cyber scholarship-for-service
program established by section 302 of the Cybersecurity Enhancement Act
of 2014 for fiscal year 2018 and each succeeding fiscal year should be
not less than double the number of such scholarships awarded for fiscal
year 2017.
(b) Cybersecurity Course Instruction.--Section 302 of the
Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7442) is amended--
(1) in subsection (a), by striking ``and security
managers'' and inserting ``security managers, and cybersecurity
course instructors,''; and
(2) in subsection (d), by adding at the end the following:
``Such work may include teaching a cybersecurity course for a
skill role as defined in the NCWF Work Roles by the National
Initiative for Cybersecurity Education (NICE) Cybersecurity
Workforce Framework (NCWF) of the National Institute of
Standards and Technology, Special Publication 800-181, or any
successor document.''.
(c) Elimination of Priority for Federal Government Employment
Placements.--Section 302(b) of such Act (15 U.S.C. 7442(b)) is
amended--
(1) in paragraph (1), by adding ``and'' at the end;
(2) in paragraph (2), by striking ``; and'' and inserting a
period; and
(3) by striking paragraph (3).
SEC. 6. INCREASED FUNDING FOR ADVANCED TECHNOLOGY EDUCATION PROGRAM.
It is the sense of the Congress that the amount expended for the
Information Technology and Cybersecurity Division of the Advanced
Technological Education program of the National Science Foundation
established by section 3(a) of the Scientific and Advanced-Technology
Act of 1992 (Public Law 102-476) for fiscal year 2018 should be an
amount equal to not less than 110 percent of the amount expended for
such division for fiscal year 2017.
SEC. 7. CYBERSECURITY TRAINING INCENTIVE FOR GOVERNMENT CONTRACTS.
(a) In General.--Subpart 15.3 of the Federal Acquisition Regulation
shall be revised to require, in the evaluation of a competitive
proposal received in response to a solicitation for a contract valued
in excess of $5,000,000, that the head of an executive agency award a
five percent score increase to each competitive proposal submitted by a
qualified offeror.
(b) Definitions.--In this section:
(1) Executive agency.--The term ``executive agency'' has
the meaning given that term in section 102 of title 40, United
States Code.
(2) Qualified offeror.--The term ``qualified offeror''
means a business that has claimed the employee cybersecurity
education credit under section 45S of the Internal Revenue Code
of 1986, as added by section 3, at least once within the three-
year period preceding the date on which the business submits a
competitive proposal for a contract valued in excess of
$5,000,000. | New Collar Jobs Act of 2017 This bill amends the Internal Revenue Code to establish an employee cybersecurity education tax credit, not to exceed $5,000 a year per employee, for an employer who incurs costs for an employee who earns a certificate or degree at the undergraduate or graduate level or an industry-recognized certification listed in the National Initiative for Cybersecurity Education's Cybersecurity Workforce Framework. The Federal Acquisition Regulation is amended to provide a business that utilizes the employee cybersecurity education tax credit and submits a bid for a competitive federal contract valued at more than $5 million a 5% increase in the business's bid score. The bill amends the Higher Education Act of 1965 to authorize the Department of Education to cancel eligible Federal Direct Loans for borrowers who have: (1) made 36 consecutive monthly payments, and (2) held a cybersecurity job in an economically distressed area during at least 12 months of payments. The program will cancel up to $25,000 in loans. The Cybersecurity Enhancement Act of 2014 is amended to include teaching cybersecurity as an acceptable employment option to satisfy post-award obligations for recipients of a CyberCorps Scholarship-for-Service award. | {"src": "billsum_train", "title": "New Collar Jobs Act of 2017"} | 2,298 | 330 | 0.552755 | 1.896421 | 0.766434 | 2.534314 | 10.063725 | 0.828431 |
SECTION. 1. SHORT TITLE.
This Act may be cited as the ``Alaska Wetlands Conservation Credit
Procedures Act of 1994''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) according to the United States Fish and Wildlife
Service, approximately 170,200,000 acres of wetlands existed in
Alaska in the 1780s and approximately 170,000,000 acres of
wetlands exist now, representing a loss rate of less than one-
tenth of 1 percent through human and natural processes;
(2) according to the United States Fish and Wildlife
Service more than 221 million acres of wetlands existed at the
time of Colonial America in the area that is now the contiguous
United States and 117 million of those acres, roughly 53
percent, have been filled, drained, or otherwise removed from
wetland status;
(3) Alaska contains more wetlands than any other State, and
more wetlands than all other States combined;
(4) 88 percent of Alaska's wetlands are publicly owned,
whereas only 26 percent of the wetlands in the contiguous 48
States are in public ownership;
(5) approximately 98 percent of all Alaskan communities,
including 200 of 209 remote villages in Alaska, are located in
or adjacent to wetlands;
(6) approximately 62 percent of all federally designated
wilderness lands, 70 percent of all Federal park lands, and 90
percent of all Federal refuge lands are located in Alaska, thus
providing protection to approximately 60 million acres of
wetlands;
(7) more than 60 million acres of wetlands are conserved in
some form by land designations that restrict utilization or
degradation of wetlands;
(8) 104 million acres of land were granted to the State of
Alaska at statehood for purposes of economic development;
(9) approximately 43 million acres of land were granted to
Native Alaskans through regional and village corporations and
native allotments for their use and between 45 percent and 100
percent of each Native corporations' land is categorized as
wetlands;
(10) development of basic community infrastructure in
Alaska, where approximately 75 percent of the non-mountainous
areas are wetlands, is often delayed and sometimes prevented by
the wetlands regulatory program for minimal identifiable
environmental benefit;
(11) the 1899 Rivers and Harbors Act formerly regulated
disposition of dredge spoils in navigable waters, which did not
include wetlands, to keep navigable waters free of impairments;
(12) the 1972 Clean Water Act formed the basis for a broad
expansion of Federal jurisdiction over wetlands by modifying
the definition of ``navigable waters'' to include all ``waters
of the United States'';
(13) in 1975, a United States district court ordered the
Corps to publish revised regulations concerning the scope of
the section 404 program, regulations that expanded the scope of
the program to include the discharge of dredged and fill
material into wetlands;
(14) the wetlands regulatory program was expanded yet again
by regulatory action to include isolated wetlands, those that
are not adjacent to navigable waters, and such an expansion
formed the basis for burdensome intrusions on the property
rights of Alaskans, Alaskan Native Corporations, the State of Alaska,
and property owners in Alaska;
(15) expansion of the wetlands regulatory program in this
manner is beyond what the Congress intended when it passed the
Clean Water Act and the expansion has placed increasing and
unnecessary economic and administrative burdens on private
property owners, small businesses, city governments, State
governments, farmers, ranchers, and others for negligible
environmental benefit associated with wetland permits;
(16) for Alaska, a State with substantial conserved
wetlands and less than 1 percent private, non-corporate land
ownership, the burdens of the current wetlands regulatory
program unnecessarily inhibit reasonable community growth and
environmentally benign, sensitive resource development;
(17) Alaska villages, municipalities, boroughs, city
governments, and Native organizations are experiencing
increasing frustration with the constraints of the wetlands
regulatory program because it interferes with the location of
community centers, airports, sanitation systems, roads,
schools, industrial areas, and other critical community
infrastructure;
(18) policies that purport to achieve ``no net loss'' of
wetlands reflect a Federal response to the 53 percent loss of
the wetlands base in the south 48, a calculation that excludes
Alaska wetlands;
(19) total wetlands loss in Alaska is less than one-tenth
of 1 percent of the total wetlands acreage in Alaska;
(20) individual landowners in Alaska have experienced
devaluations of up to 97 percent of their property value due to
wetlands regulations and the tax base of many communities has
diminished by those regulations.
SEC. 3. AMENDMENT TO THE FEDERAL WATER POLLUTION CONTROL ACT.
The Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is
amended--
(a) in section 101(a) (33 U.S.C. 1251(a)) by--
(1) striking ``and'' at the end of paragraph (6);
(2) striking the period at the end of paragraph (7)
and inserting in lieu thereof ``; and''; and
(3) adding the following new paragraphs:
``(8) it is the national policy to--
``(A) achieve a balance between wetlands
conservation and adverse economic impacts on local,
regional, and private economic interests and
``(B) to eliminate the regulatory taking of private
property by the regulatory program authorized under
section 404;
``(9) it is the national policy to encourage localized
wetlands planning, without mandating it and by providing funds
to encourage it, and such planning shall allow local political
subdivisions and local governments to apply differential
standards for the issuance of wetlands permits based on factors
that include the relative amount of conserved wetlands habitat
and the wetlands loss rate in the State in which such political
subdivision or local government is located; and
``(10) it is the national policy that compensatory
mitigation on wetlands or potential wetlands located outside
the boundaries of a State shall not be required, requested, or
otherwise utilized to offset impacts to wetlands inside that
State.'';
(b) in section 404(b) (33 U.S.C. 1344(b)) by inserting
immediately after ``anchorage'' the following--
``: Provided, however, That the guidelines adopted pursuant
to clause (1) for a State with substantial conserved wetlands
areas--
``(A) shall not include requirements or standards for
mitigation to compensate for wetlands loss and adverse impacts
to wetlands;
``(B) may include requirements or standards for
minimization of adverse impacts to wetlands; and
``(C) may include standards or requirements for avoidance
of impacts only if the permit applicant is not required to
establish that upland alternative sites do not exist.'';
(c) in section 404(e) (33 U.S.C. 1344(e)) by inserting at
the end the following new paragraph--
``(3) Notwithstanding the requirements of paragraphs
(1) and (2), at the request of a State with substantial conserved
wetlands areas, the Secretary shall issue general permits for such
States and the requirements under which such general permits are issued
shall contain a regulatory standard for discharge of dredged or fill
material into navigable waters in such State, including wetlands, that
is no greater than the standard under subsection (b).'';
(d) in section 404(f)(1) (33 U.S.C. 1344(f)(1)) by--
(1) striking the comma at the end of subparagraph
(F) and inserting in lieu thereof a semicolon; and
(2) adding the following new subparagraphs--
``(G) associated with airport safety (ground and
air) in a State with substantial conserved wetlands
areas, and in any case associated with airport safety
(ground and air) when the Secretary of Transportation
determines that it is advisable for public safety
reasons and deems it necessary;
``(H) for construction and maintenance of log
transfer facilities associated with log transportation
activities;
``(I) for construction of tailings impoundments
utilized for treatment facilities (as determined by the
development document) for the mining subcategory for
which the tailings impoundment is constructed;
``(J) for construction of ice pads and ice roads
and for purposes of snow storage and removal,''; and
(e) by adding at the end of section 404 (33 U.S.C. 1344)
the following new subsections--
``(s) Definitions.--For purposes of this section the term--
``(1) `conserved wetlands' means wetlands that are located
in the National Park System, National Wildlife Refuge System,
National Wilderness System, the Wild and Scenic River System,
and other similar Federal conservation systems, combined with
wetlands located in comparable types of conservation systems
established under State and local authority within State and
local land use systems.
``(2) `economic base lands' means lands conveyed to,
selected by, or owned by Alaska Native entities pursuant to the
Alaska Native Claims Settlement Act, Public Law 92-203, as
amended, or the Alaska Native Allotment Act of 1906 (34 Stat.
197), and lands conveyed to, selected by, or owned by the State
of Alaska pursuant to the Alaska Statehood Act, Public Law 85-
508, as amended.
``(3) `State with substantial conserved wetlands areas'
means any State which--
``(A) contains at least 15 areas of wetlands for
each acre of wetlands filled, drained, or otherwise
converted within such State (based upon wetlands loss
statistics reported in the 1990 United States Fish and
Wildlife Service Wetlands Trends report to Congress
entitled `Wetlands Losses in the United States 1780's
to 1980's'); or
``(B) the Secretary of the Army determines has
sufficient conserved wetlands areas to provided
adequate wetlands conservation in such State, based on
the policies set forth in this Act.
``(t) Alaska Native and State of Alaska Lands.--
``(1) In general.--The Secretary shall issue individual and
general permits pursuant to the standards and requirements of
subsections (a) and (b) for a State with substantial conserved
wetlands areas.
``(2) Permit considerations.--For permits issued pursuant
to this section for economic base lands, in addition to the
requirements in subsections (a) and (b), the Secretary shall--
``(A) balance the standards and policies of this
Act against the obligations of the United States to
allow economic base lands to be beneficially used to
create and sustain economic activity;
``(B) with respect to Alaska Native lands, give
substantial weight to the social and economic needs of
Alaska Natives; and
``(C) account for regional differences in the
abundance and value of wetlands.
``(3) General permits.--For permits issued under this
section on lands owned by Alaska villages, the Secretary shall
issue general permits for disposition of dredged and fill
material for critical infrastructure including water and sewer
systems, airports, roads, communication sites, fuel storage
sites, landfills, housing, hospitals, medical clinics, schools,
and other community infrastructure in rural Alaska villages
without a determination that activities authorized by such a
general permit cause only minimal adverse environmental effects
when performed separately and will have only minimal cumulative
adverse effects on the environment.
``(4) Other considerations.--The Secretary shall consult
with and provide assistance to Alaska Natives (including Alaska
Native Corporations) and the State of Alaska regarding
promulgation and administration of policies and regulations
under this section.''.
S 49 IS----2 | Alaska Wetlands Conservation Credit Procedures Act of 1994 - Amends the Federal Water Pollution Control Act to provide that specified guidelines for disposal sites for the discharge of dredged and fill material into navigable waters for States with substantial conserved wetlands areas: (1) shall not include requirements or standards for mitigation to compensate for wetlands loss and adverse impacts to wetlands; (2) may include requirements or standards for minimization of such adverse impacts; and (3) may include standards or requirements for avoidance of impacts only if the discharge permit applicant is not required to establish that upland alternative sites do not exist.
Directs the Secretary of the Army, acting through the Chief of Engineers and at the request of a State with substantial conserved wetlands areas, to issue general permits for such States which contain a regulatory standard for such discharges that is no greater than the standard contained in the guidelines described above.
Makes the discharge of dredged or fill material in connection with the following activities exempt from regulation under related provisions governing permits: (1) airport safety in a State with substantial conserved wetlands areas and in any case necessary for public safety; (2) construction and maintenance of log transfer facilities; (3) construction of tailings impoundments utilized for treatment facilities; and (4) construction of ice pads and ice roads and for snow storage and removal purposes.
Requires the Secretary to issue individual and general permits pursuant to the standards and requirements of this Act for a State with substantial conserved wetlands areas.
Directs the Secretary, for permits issued for economic base lands (specified lands conveyed to or owned by Alaska Native entities or the State of Alaska), to: (1) balance the standards and policies of this Act against U.S. obligations to allow such lands to be used to create and sustain economic activity; (2) give substantial weight to the social and economic needs of Alaska Natives; and (3) account for regional differences in the abundance and value of wetlands.
Requires the Secretary, for lands owned by Alaska Native villages, to issue general permits for disposition of dredge and fill material for critical infrastructure in rural villages without a determination that activities authorized by such a permit cause only minimal adverse environmental effects. | {"src": "billsum_train", "title": "Alaska Wetlands Conservation Credit Procedures Act of 1994"} | 2,556 | 469 | 0.55074 | 1.836051 | 0.706288 | 4.276995 | 5.593897 | 0.938967 |
SECTION 1. CREDIT FOR INCREASING DEVELOPMENT ACTIVITIES.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 41 the following new section:
``SEC. 41A. CREDIT FOR INCREASING DEVELOPMENT ACTIVITIES.
``(a) In General.--For purposes of section 38, at the election of
the taxpayer, the development credit determined under this section for
the taxable year shall be an amount equal to 30 percent of so much of
the qualified development expenses for the taxable year as exceeds 50
percent of the average qualified development expenses for the 3 taxable
years preceding the taxable year for which the credit is being
determined.
``(b) Qualified Development Expenses.--For purposes of this
section--
``(1) In general.--The term `qualified development
expenses' means the sum of the following amounts which are paid
or incurred during the taxable year in carrying on any trade or
business of the taxpayer:
``(A) Any in-house development expenses.
``(B) Any contract development expenses.
``(2) In-house development expenses; contract development
expenses.--The terms `in-house development expenses' and
`contract development expenses' shall have the respective
meaning given such terms in paragraphs (2) and (3) of section
41(b), except such paragraphs shall be applied by substituting
`qualified development' for `qualified research'.
``(c) Qualified Development.--The term `qualified development'
means the systematic application of knowledge or understanding directed
toward the production of useful material, devices, and systems or
methods, including design, development, and improvement of prototypes
and new processes to meet specific requirements. For purposes of the
preceding sentence the rules of subparagraphs (A), (B), and (C) of
section 41(d)(1) shall apply with respect to any development taken into
account under this section.
``(d) Special Rule in Case of No Qualified Development Expenses in
Any of 3 Preceding Years.--
``(1) Taxpayers to which this subparagraph applies.--The
credit under this section shall be determined under this
subsection if the taxpayer has no qualified development
expenses in any one of the 3 taxable years preceding the
taxable year for which the credit is being determined.
``(2) Credit rate.--The credit determined under this
subparagraph shall be equal to 12 percent of the qualified
development expenses for the taxable year.
``(e) Election.--An election under this section shall apply to the
taxable year for which made and all succeeding taxable years unless
revoked with the consent of the Secretary.
``(f) Other Special Rules.--Rules similar to the rules of
subsections (d)(4), (f), and (g) of section 41 shall apply for purposes
of this section.
``(g) Termination.--This section shall not apply to taxable years
beginning after December 31, 2018.''.
(b) Coordination With Section 41.--Subsection (b) of section 41 of
such Code is amended by adding at the end the following new paragraph:
``(5) Coordination with section 41a.--In the case of any
taxable year for which an election is in effect under section
41A, for purposes of determining the amount of qualified
research expenses for such taxable year and the fixed-base
percentage with respect to such taxable year, qualified
research expenses shall not include any qualified development
expenses (as defined in subsection (b) of such section).''.
(c) Coordination With Deductions.--Section 280C is amended by
adding at the end the following new subsection:
``(j) Credit for Increasing Development Activities.--
``(1) In general.--No deduction shall be allowed for that
portion of the qualified development expenses (as defined in
section 41A(b)) otherwise allowable as a deduction for the
taxable year which is equal to the amount of the credit
determined for such taxable year under section 41A(a).
``(2) Similar rule where taxpayer capitalizes rather than
deducts expenses.--If--
``(A) the amount of the credit determined for the
taxable year under section 41A(a), exceeds
``(B) the amount allowable as a deduction for such
taxable year for qualified development expenses
(determined without regard to paragraph (1)),
the amount chargeable to capital account for the taxable year
for such expenses shall be reduced by the amount of such
excess.
``(3) Election of reduced credit.--
``(A) In general.--In the case of any taxable year
for which an election is made under this paragraph--
``(i) paragraphs (1) and (2) shall not
apply, and
``(ii) the amount of the credit under
section 41A(a) shall be the amount determined
under subparagraph (B).
``(B) Amount of reduced credit.--The amount of
credit determined under this subparagraph for any
taxable year shall be the amount equal to the excess
of--
``(i) the amount of credit determined under
section 41A(a) without regard to this
paragraph, over
``(ii) the product of--
``(I) the amount described in
clause (i), and
``(II) the maximum rate of tax
under section 11(b)(1).
``(C) Election.--An election under this paragraph
for any taxable year shall be made not later than the
time for filing the return of tax for such year
(including extensions), shall be made on such return,
and shall be made in such manner as the Secretary may
prescribe. Such an election, once made, shall be
irrevocable.
``(4) Controlled groups.--Paragraph (3) of subsection (b)
shall apply for purposes of this subsection.''.
(d) Part of General Business Credit.--Subsection (b) of section 38
of such Code is amended by striking ``plus'' at the end of paragraph
(35), by striking the period at the end of paragraph (36) and inserting
``, plus'', and by adding at the end the following new paragraph:
``(37) the development credit determined under section
41A.''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2013.
SEC. 2. INCREASE IN ALTERNATIVE SIMPLIFIED CREDIT FOR RESEARCH.
(a) In General.--Subparagraph (A) of section 41(c)(5) of the
Internal Revenue Code of 1986 is amended by striking ``14 percent (12
percent in the case of taxable years ending before January 1, 2009)''
and inserting ``20 percent''.
(b) Special Rule in Case of No Qualified Research Expenses in Any
of 3 Preceding Taxable Years.--Clause (ii) of section 41(c)(5)(B) of
such Code is amended by striking ``6 percent'' and inserting ``8
percent''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2013.
SEC. 3. EXTENSION OF CREDIT FOR INCREASING RESEARCH ACTIVITIES.
(a) In General.--Subparagraph (B) of section 41(h)(1) of the
Internal Revenue Code of 1986 is amended by striking ``December 31,
2013'' and inserting ``December 31, 2018''.
(b) Effective Date.--The amendment made by this section shall apply
to amounts paid or incurred after December 31, 2013. | Amends the Internal Revenue Code to: (1) allow through 2018 a new business-related tax credit for an increase in expenditures for qualified development expenses (defined as the sum of any in-house and contract development expenses incurred in the trade or business of a taxpayer), (2) increase to 20% the rate of the alternative simplified research tax credit, and (3) extend through 2018 the tax credit for increasing research activities. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow an increased credit for development and to extend and simplify the credit for increasing research."} | 1,718 | 85 | 0.534867 | 1.383516 | 0.747558 | 2.209302 | 17.744186 | 0.906977 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tiahrt Restrictions Repeal Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The Tiahrt Amendments severely limit the authority of
the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)
to disclose crime gun trace data to the public.
(2) The Tiahrt Amendments prevent the collection of
valuable information, and the establishment of effective
policies to prevent illegal guns from being used in crimes.
(3) The Tiahrt Amendments impede enforcement of the gun
laws by requiring most background check records to be destroyed
within 24 hours, and by barring the Government from requiring
annual inventory audits by owners of gun shops.
(4) A 2012 study by researchers at Johns Hopkins Bloomberg
School of Public Health found that the Tiahrt Amendments
dramatically increased gun sales to criminals.
(5) A 2016 study from the University of Pittsburgh Graduate
School of Public Health found that in 2008, 79 percent of all
guns recovered by police from crime scenes belonged to someone
other than the perpetrator--30 percent had been stolen.
(6) A gun is stolen in the United States every 2 minutes.
(7) Every year, nearly 115,000 Americans are shot.
(8) In 2016, 38,658 Americans were killed with a gun.
(9) In 2016, 289,223 firearms were recovered and traced in
the United States, of which 211,384 were traced to a final
retail purchaser.
(10) Having effective policies to prevent illegal gun
trafficking makes our families and communities safer.
(11) Repealing the Tiahrt Amendments would support law
enforcement efforts and give the public vital information
needed to craft the most effective policies against illegal
guns.
SEC. 3. REPEAL OF CERTAIN LIMITATIONS ON THE USE OF DATABASE
INFORMATION OF THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS,
AND EXPLOSIVES.
(a) The matter under the heading ``Bureau of Alcohol, Tobacco,
Firearms and Explosives--Salaries and Expenses'' in title I of division
B of the Consolidated and Further Continuing Appropriations Act, 2012
(18 U.S.C. 923 note; Public Law 112-55; 125 Stat. 609-610) is amended
by striking the 6th proviso.
(b) The 6th proviso under the heading ``Bureau of Alcohol, Tobacco,
Firearms and Explosives--Salaries and Expenses'' in title II of
division B of the Consolidated Appropriations Act, 2010 (18 U.S.C. 923
note; Public Law 111-117; 123 Stat. 3128-3129) is amended by striking
``beginning in fiscal year 2010 and thereafter'' and inserting ``in
fiscal year 2010''.
(c) The 6th proviso under the heading ``Bureau of Alcohol, Tobacco,
Firearms and Explosives--Salaries and Expenses'' in title II of
division B of the Omnibus Appropriations Act, 2009 (18 U.S.C. 923 note;
Public Law 111-8; 123 Stat. 574-576) is amended by striking ``beginning
in fiscal year 2009 and thereafter'' and inserting ``in fiscal year
2009''.
(d) The 6th proviso under the heading ``Bureau of Alcohol, Tobacco,
Firearms and Explosives--Salaries and Expenses'' in title II of
division B of the Consolidated Appropriations Act, 2008 (18 U.S.C. 923
note; Public Law 110-161; 121 Stat. 1903-1904) is amended by striking
``beginning in fiscal year 2008 and thereafter'' and inserting ``in
fiscal year 2008''.
(e) The 6th proviso under the heading ``Bureau of Alcohol, Tobacco,
Firearms and Explosives--Salaries and Expenses'' in title I of the
Science, State, Justice, Commerce, and Related Agencies Appropriations
Act, 2006 (18 U.S.C. 923 note; Public Law 109-108; 119 Stat. 2295-2296)
is amended by striking ``with respect to any fiscal year''.
(f) The 6th proviso under the heading in title I of division B of
the Consolidated Appropriations Act, 2005 (18 U.S.C. 923 note; Public
Law 108-447; 118 Stat. 2859-2860) is amended by striking ``with respect
to any fiscal year''.
SEC. 4. REPEAL OF LIMITATION ON IMPOSITION OF REQUIREMENT THAT FIREARMS
DEALERS TO CONDUCT PHYSICAL CHECK OF FIREARMS INVENTORY.
The matter under the heading ``Bureau of Alcohol, Tobacco, Firearms
and Explosives--Salaries and Expenses'' in title I of division B of the
Consolidated and Further Continuing Appropriations Act, 2012 (18 U.S.C.
923 note; Public Law 112-55; 125 Stat. 609-610) is amended by striking
the 7th proviso.
SEC. 5. REPEAL OF REQUIREMENT TO DESTROY INSTANT CRIMINAL BACKGROUND
CHECK RECORDS WITHIN 24 HOURS.
Section 511 of the Consolidated and Further Continuing
Appropriations Act, 2012 (18 U.S.C. 922 note; Public Law 112-55; 125
Stat. 632) is amended--
(1) by striking ``for--'' and all that follows through
``(1)''; and
(2) by striking the semicolon and all that follows and
inserting a period. | Tiahrt Restrictions Repeal Act This bill amends several appropriations laws to remove limitations on the authority of the Bureau of Alcohol, Tobacco, Firearms and Explosives to conduct activities related to the administration of federal firearms laws. Specifically, the bill removes provisions that: limit the use of firearms tracing data, prohibit the imposition of a requirement that firearms dealers conduct a physical inventory, require national instant criminal background check records to be destroyed within 24 hours. | {"src": "billsum_train", "title": "Tiahrt Restrictions Repeal Act"} | 1,348 | 111 | 0.535439 | 1.54721 | 0.71902 | 2.298851 | 12.08046 | 0.781609 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Janey Ensminger Act''.
SEC. 2. HOSPITAL CARE, MEDICAL SERVICES, AND NURSING HOME CARE FOR
VETERANS STATIONED AT CAMP LEJEUNE, NORTH CAROLINA, WHILE
THE WATER WAS CONTAMINATED AT CAMP LEJEUNE.
(a) In General.--Section 1710(e)(1) of title 38, United States
Code, is amended by adding at the end the following new subparagraph:
``(F) Subject to paragraph (2), a veteran who, as a member of the
Armed Forces, was stationed at Camp Lejeune, North Carolina, during a
period, determined by the Secretary in consultation with the Agency for
Toxic Substances and Disease Registry, in which the water at Camp
Lejeune was contaminated by volatile organic compounds, including known
human carcinogens and probable human carcinogens, is eligible for
hospital care, medical services, and nursing home care under subsection
(a)(2)(F) for any illness, notwithstanding that there is insufficient
medical evidence to conclude that such illness is attributable to such
contamination.''.
(b) Family Members.--
(1) In general.--Subchapter VIII of chapter 17 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 1786. Health care of family members of veterans stationed at
Camp Lejeune, North Carolina, while the water was
contaminated at Camp Lejeune
``(a) In General.--A family member of a veteran described in
subparagraph (F) of section 1710(e)(1) of this title who resided at
Camp Lejeune, North Carolina, during the period described in such
subparagraph, or who was in utero during such period while the mother
of such family member resided at such location, shall be eligible for
hospital care, medical services, and nursing home care furnished by the
Secretary for any covered condition, or any covered disability that is
associated with a condition, that is associated with exposure to the
contaminants in the water at Camp Lejeune during such period.
``(b) Covered Conditions and Disabilities.--In this section,
covered conditions and disabilities are those conditions and
disabilities described in section 1119(a)(2) of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1785 the following new item:
``1786. Health care of family members of veterans stationed at Camp
Lejeune, North Carolina, while the water
was contaminated at Camp Lejeune.''.
SEC. 3. PRESUMPTIONS OF SERVICE CONNECTION FOR ILLNESSES ASSOCIATED
WITH CONTAMINANTS IN THE WATER SUPPLY AT CAMP LEJEUNE,
NORTH CAROLINA.
(a) In General.--Subchapter II of chapter 11 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 1119. Presumptions of service connection for illnesses
associated with contaminants in the water supply at Camp
Lejeune, North Carolina
``(a) Presumption.--(1) For purposes of section 1110 of this title,
and subject to section 1113 of this title, each illness, if any,
described in paragraph (2) shall be considered to have been incurred in
or aggravated by service referred to in that paragraph, notwithstanding
that there is no record of evidence of such illness during the period
of such service.
``(2) An illness referred to in paragraph (1) is any diagnosed or
undiagnosed illness that--
``(A) the Secretary determines, in consultation with the
Agency for Toxic Substances and Disease Registry, in
regulations prescribed under this section to warrant a
presumption of service connection by reason of having a
positive association with exposure to volatile organic
compounds, including known human carcinogens and probable human
carcinogens, known or presumed to be associated with service in
the Armed Forces at Camp Lejeune, North Carolina, during a
period determined by the Secretary in consultation with the
Agency for Toxic Substances and Disease Registry; and
``(B) becomes manifest within the period, if any,
prescribed in such regulations in a veteran who served on
active duty at Camp Lejeune, North Carolina, and by reason of
such service was exposed to such compounds.
``(3) For purposes of this subsection, a veteran who served on
active duty at Camp Lejeune, North Carolina, during the period referred
to in paragraph (2)(A) and who has an illness described in paragraph
(2) shall be presumed to have been exposed by reason of such service to
the compound associated with the illness in the regulations prescribed
under this section unless there is conclusive evidence to establish
that the veteran was not exposed to the compound by reason of such
service.
``(b) Determinations Relating to Diseases.--(1) Whenever the
Secretary determines, in consultation with the Agency for Toxic
Substances and Disease Registry, on the basis of sound medical and
scientific evidence, that a positive association exists between the
exposure of humans to a volatile organic compound known or presumed to
be present in the water supply at Camp Lejeune, North Carolina, and the
occurrence of a disease in humans, the Secretary shall prescribe
regulations providing that a presumption of service connection is
warranted for that disease for the purposes of this section.
``(2) In making determinations for the purpose of this subsection,
the Secretary shall take into account all other sound medical and
scientific information and analyses available to the Secretary. In
evaluating any study for the purpose of making such determinations, the
Secretary shall take into consideration whether the results are
statistically significant, are capable of replication, and withstand
peer review.
``(3) An association between the occurrence of a disease in humans
and exposure to a volatile organic compound shall be considered to be
positive for the purposes of this section if the credible evidence for
the association is equal to or outweighs the credible evidence against
the association.
``(c) Removal of Diseases.--Whenever a disease is removed from
regulations prescribed under this section--
``(1) a veteran who was awarded compensation for such
disease on the basis of the presumption provided in subsection
(a) before the effective date of the removal shall continue to
be entitled to receive compensation on that basis; and
``(2) a survivor of a veteran who was awarded dependency
and indemnity compensation for the death of a veteran resulting
from such disease on the basis of such presumption shall
continue to be entitled to receive dependency and indemnity
compensation on such basis.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1118 the following new item:
``1119. Presumptions of service connection for illnesses associated
with contaminants in the water supply at
Camp Lejeune, North Carolina.''. | Janey Ensminger Act - Makes any veteran who was stationed at Camp Lejeune, North Carolina, during a period in which the water there was contaminated by volatile organic compounds, including known and probable human carcinogens, eligible for hospital care, medical services, and nursing home care through the Department of Veterans Affairs (VA) for any illness, notwithstanding insufficient medical evidence to conclude that the illness is attributable to such contamination. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to furnish hospital care, medical services, and nursing home care to veterans who were stationed at Camp Lejeune, North Carolina, while the water was contaminated at Camp Lejeune, and for other purposes."} | 1,592 | 100 | 0.613842 | 1.883839 | 1.492299 | 5.556962 | 17.544304 | 0.924051 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Federal Health
Program Benefit Change Accountability Act''.
(b) Findings.--The Congress finds that--
(1) effective beginning in 1996, Federal retirees enrolled
in the Governmentwide service benefit plan under chapter 89 of
title 5, United States Code, are subject to a copayment for
prescription drugs obtained from a retail pharmacy, but are
exempt from such copayment if they instead use a plan's mail
order pharmacy;
(2) that difference in policy--
(A) increases out-of-pocket health care costs for
and imposes financial penalties on the large majority
of Federal retirees who use their local pharmacies to
have prescriptions filled;
(B) fails to recognize the integral role of local
pharmacies in contributing to the health of their
patrons, such as through face-to-face counseling;
(C) unfairly discriminates in favor of out-of-state
mail order pharmacies at the expense of local retail
pharmacies;
(D) transfers millions of dollars in wages and tax
revenues out of State, and therefore hurts local
economies and small businesses; and
(E) reduces the accessibility of local pharmacies
for all individuals, particularly those living in rural
areas;
(3) in making this major change, it appears that the Office
of Personnel Management--
(A) did not determine the impact on the quality of
pharmacy care provided to Federal retirees, who use a
disproportionate share of prescription medications, but
instead focused primarily on economic considerations;
(B) did not consider alternative cost containment
options in the prescription drug program, which has
disproportionately focused its cost containment
approaches on retail pharmacies;
(C) did not determine, and has not yet
demonstrated, whether the anticipated savings result
from lower costs of mail order drug products or because
retirees are simply paying more in copayments for their
prescription at local pharmacies;
(D) did not determine whether such change was
consistent with the structure of current private market
prescription drug programs, which traditionally give
retirees a fair economic choice of using mail order
pharmacies or retail pharmacies;
(E) did not assess the ability of the contractor to
fulfill the terms of the contract for mail order
prescriptions, given that thousands of retirees were
inconvenienced when the mail order pharmacies were
unable to meet the demand for prescriptions; and
(F) did not assess the impact of the change on the
overall health care marketplace, given that the Office
of Personnel Management is a major payor of health care
services and products; and
(4) the Office of Personnel Management should be held more
accountable for major changes made in Federal health care
program benefit designs, and should be required to justify the
impact of such changes in terms of cost savings, access, and
quality of care, before such changes are implemented.
SEC. 2. REPORTING REQUIREMENT.
(a) In General.--Section 8910 of title 5, United States Code, is
amended by adding at the end the following:
``(e)(1) The Office shall prepare an annual report in which it
shall describe, to the extent practicable, any substantial changes in
maximums, limitations, exclusions, or other definitions of benefits
that it intends to propose for implementation in the upcoming contract
year.
``(2) Included in a report under this subsection shall be, with
respect to each such change--
``(A) a statement of justification for the change;
``(B) an analysis of the anticipated savings, to the extent
that the change would be justified on the basis of cost
savings, as well as any alternative options considered and the
reasons why the proposed change is considered preferable;
``(C) a description of the anticipated impact of the
proposed change on access to and quality of care, and on costs
to enrollees likely to be affected;
``(D) an assessment of the ability of carriers to implement
the proposed change in a manner that is efficient and that
promotes the interests referred to in subparagraph (C); and
``(E) an analysis of the anticipated economic impact of the
proposed change with respect to providers and enrollees,
respectively.
``(3) The Office shall have each report under this subsection
published in the Federal Register, and shall submit a copy of each such
report to both Houses of Congress, as early in the year as possible,
consistent with the goal of affording interested persons a meaningful
opportunity to comment.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to changes taking effect in any contract year
beginning later than 6 months after the date of the enactment of this
Act. | Federal Health Program Benefit Change Accountability Act - Amends Federal law to require that the Office of Personnel Management (OPM) prepare an annual report concerning the health benefits program for Federal employees which shall describe any substantial changes in maximums, limitations, exclusions, or other definitions of benefits that it intends to propose for implementation in the upcoming contract year. Directs that OPM publish each report in the Federal Register and submit a copy of each such report to both Houses of the Congress as early in the year as possible. | {"src": "billsum_train", "title": "Federal Health Program Benefit Change Accountability Act"} | 1,022 | 114 | 0.303557 | 0.833802 | 0.628775 | 4.877551 | 10.05102 | 0.897959 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arlington National Cemetery Burial
Eligibility Act''.
SEC. 2. PERSONS ELIGIBLE FOR BURIAL IN ARLINGTON NATIONAL CEMETERY.
(a) In General.--Chapter 24 of title 38, United States Code, is
amended by adding at the end the following new section:
``Sec. 2412. Arlington National Cemetery: persons eligible for burial
``(a) Primary Eligibility.--The remains of the following
individuals may be buried in Arlington National Cemetery:
``(1) Any member of the Armed Forces who dies while on
active duty.
``(2) Any retired member of the Armed Forces and any person
who served on active duty and at the time of death was entitled
(or but for age would have been entitled) to retired pay under
chapter 1223 of title 10, United States Code.
``(3) Any former member of the Armed Forces separated for
physical disability before October 1, 1949, who--
``(A) served on active duty; and
``(B) would have been eligible for retirement under
the provisions of section 1201 of title 10 (relating to
retirement for disability) had that section been in
effect on the date of separation of the member.
``(4) Any former member of the Armed Forces whose last
active duty military service terminated honorably and who has
been awarded one of the following decorations:
``(A) Medal of Honor.
``(B) Distinguished Service Cross, Air Force Cross,
or Navy Cross.
``(C) Distinguished Service Medal.
``(D) Silver Star.
``(E) Purple Heart.
``(5) Any former prisoner of war who dies on or after
November 30, 1993.
``(6) The President or any former President.
``(b) Eligibility of Family Members.--The remains of the following
individuals may be buried in Arlington National Cemetery:
``(1) The spouse, surviving spouse, minor child, and, at
the discretion of the Superintendent, unmarried adult child of
a person listed in subsection (a), but only if buried in the
same gravesite as that person.
``(2)(A) The spouse, minor child, and, at the discretion of
the Superintendent, unmarried adult child of a member of the
Armed Forces on active duty if such spouse, minor child, or
unmarried adult child dies while such member is on active duty.
``(B) The individual whose spouse, minor child, and
unmarried adult child is eligible under subparagraph (A), but
only if buried in the same gravesite as the spouse, minor
child, or unmarried adult child.
``(3) The parents of a minor child or unmarried adult child
whose remains, based on the eligibility of a parent, are
already buried in Arlington National Cemetery, but only if
buried in the same gravesite as that minor child or unmarried
adult child.
``(4)(A) Subject to subparagraph (B), the surviving spouse,
minor child, and, at the discretion of the Superintendent,
unmarried adult child of a member of the Armed Forces who was
lost, buried at sea, or officially determined to be permanently
absent in a status of missing or missing in action.
``(B) A person is not eligible under subparagraph (A) if a
memorial to honor the memory of the member is placed in a
cemetery in the national cemetery system, unless the memorial
is removed. A memorial removed under this subparagraph may be
placed, at the discretion of the Superintendent, in Arlington
National Cemetery.
``(5) The surviving spouse, minor child, and, at the
discretion of the Superintendent, unmarried adult child of a
member of the Armed Forces buried in a cemetery under the
jurisdiction of the American Battle Monuments Commission.
``(c) Spouses.--For purposes of subsection (b)(1), a surviving
spouse of a person whose remains are buried in Arlington National
Cemetery by reason of eligibility under subsection (a), who has
remarried is eligible for burial in the same gravesite of that person.
The spouse of the surviving spouse is not eligible for burial in such
gravesite.
``(d) Disabled Adult Unmarried Children.--In the case of an
unmarried adult child who is incapable of self-support up to the time
of death because of a physical or mental condition, the child may be
buried under subsection (b) without requirement for approval by the
Superintendent under that subsection if the burial is in the same
gravesite as the gravesite in which the parent, who is eligible for
burial under subsection (a), has been or will be buried.
``(e) Family Members of Persons Buried in a Group Gravesite.--In
the case of a person eligible for burial under subsection (a) who is
buried in Arlington National Cemetery as part of a group burial, the
surviving spouse, minor child, or unmarried adult child of the member
may not be buried in the group gravesite.
``(f) Exclusive Authority for Burial in Arlington National
Cemetery.--Eligibility for burial of remains in Arlington National
Cemetery prescribed under this section is the exclusive eligibility for
such burial.
``(g) Application for Burial.--A request for burial of remains of
an individual in Arlington National Cemetery made before the death of
the individual may not be considered by the Secretary of the Army or
any other responsible official.
``(h) Register of Buried Individuals.--(1) The Secretary of the
Army shall maintain a register of each individual buried in Arlington
National Cemetery and shall make such register available to the public.
``(2) With respect to each such individual buried on or after
January 1, 1998, the register shall include a brief description of the
basis of eligibility of the individual for burial in Arlington National
Cemetery.
``(i) Definitions.--For purposes of this section:
``(1) The term `retired member of the Armed Forces' means--
``(A) any member of the Armed Forces on a retired
list who served on active duty and who is entitled to
retired pay;
``(B) any member of the Fleet Reserve or Fleet
Marine Corps Reserve who served on active duty and who
is entitled to retainer pay; and
``(C) any member of a reserve component of the
Armed Forces who has served on active duty and who has
received notice from the Secretary concerned under
section 12731(d) of title 10, of eligibility for
retired pay under chapter 1223 of title 10, United
States Code.
``(2) The term `former member of the Armed Forces' includes
a person whose service is considered active duty service
pursuant to a determination of the Secretary of Defense under
section 401 of Public Law 95-202 (38 U.S.C. 106 note).
``(3) The term `Superintendent' means the Superintendent of
Arlington National Cemetery.''.
(b) Publication of Updated Pamphlet.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of the Army shall
publish an updated pamphlet describing eligibility for burial in
Arlington National Cemetery. The pamphlet shall reflect the provisions
of section 2412 of title 38, United States Code, as added by subsection
(a).
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 24 of title 38, United States Code, is amended by adding at the
end the following new item:
``2412. Arlington National Cemetery: persons eligible for burial.''.
(d) Technical Amendments.--Section 2402(7) of title 38, United
States Code, is amended--
(1) by inserting ``(or but for age would have been
entitled)'' after ``was entitled'';
(2) by striking out ``chapter 67'' and inserting in lieu
thereof ``chapter 1223''; and
(3) by striking out ``or would have been entitled to'' and
all that follows and inserting in lieu thereof a period.
(e) Effective Date.--Section 2412 of title 38, United States Code,
as added by subsection (a), shall apply with respect to individuals
dying on or after the date of the enactment of this Act.
SEC. 3. PERSONS ELIGIBLE FOR PLACEMENT IN THE COLUMBARIUM IN ARLINGTON
NATIONAL CEMETERY.
(a) In General.--Chapter 24 of title 38, United States Code, is
amended by adding after section 2412, as added by section 2(a) of this
Act, the following new section:
``Sec. 2413. Arlington National Cemetery: persons eligible for
placement in columbarium
``(a) Eligibility.--The cremated remains of the following
individuals may be placed in the columbarium in Arlington National
Cemetery:
``(1) A person eligible for burial in Arlington National
Cemetery under section 2412 of this title.
``(2)(A) A veteran whose last period of active duty service
(other than active duty for training) ended honorably.
``(B) The spouse, surviving spouse, minor child, and, at
the discretion of the Superintendent of Arlington National
Cemetery, unmarried adult child of such a veteran.
``(b) Spouse.--Section 2412(c) of this title shall apply to a
spouse under this section in the same manner as it applies to a spouse
under section 2412.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 24 of title 38, United States Code, is amended by adding after
section 2412, as added by section 2(c) of this Act, the following new
item:
``2413. Arlington National Cemetery: persons eligible for placement in
columbarium.''.
(c) Effective Date.--Section 2413 of title 38, United States Code,
as added by subsection (a), shall apply with respect to individuals
dying on or after the date of the enactment of this Act.
SEC. 4. MONUMENTS IN ARLINGTON NATIONAL CEMETERY.
(a) In General.--Chapter 24 of title 38, United States Code, is
amended by adding after section 2413, as added by section 3(a) of this
Act, the following new section:
``Sec. 2414. Arlington National Cemetery: authorized headstones,
markers, and monuments
``(a) Gravesite Markers Provided by the Secretary.--A gravesite in
Arlington National Cemetery shall be appropriately marked in accordance
with section 2404 of this title.
``(b) Gravesite Markers Provided at Private Expense.--(1) The
Secretary of the Army shall prescribe regulations for the provision of
headstones or markers to mark a gravesite at private expense in lieu of
headstones and markers provided by the Secretary of Veterans Affairs in
Arlington National Cemetery.
``(2) Such regulations shall ensure that--
``(A) such headstones or markers are of simple design,
dignified, and appropriate to a military cemetery;
``(B) the person providing such headstone or marker
provides for the future maintenance of the headstone or marker
in the event repairs are necessary;
``(C) the Secretary of the Army shall not be liable for
maintenance of or damage to the headstone or marker;
``(D) such headstones or markers are aesthetically
compatible with Arlington National Cemetery; and
``(E) such headstones or markers are permitted only in
sections of Arlington National Cemetery authorized for such
headstones or markers as of January 1, 1947.
``(c) Monuments.--(1) No monument (or similar structure as
determined by the Secretary of the Army in regulations) may be placed
in Arlington National Cemetery except pursuant to the provisions of
this subsection.
``(2) A monument may be placed in Arlington National Cemetery if
the monument commemorates--
``(A) the service in the Armed Forces of the individual, or
group of individuals, whose memory is to be honored by the
monument; or
``(B) a particular military event.
``(3) No monument may be placed in Arlington National Cemetery
until the end of the 25-year period beginning--
``(A) in the case of commemoration of service under
paragraph (1)(A), on the last day of the period of service so
commemorated; and
``(B) in the case of commemoration of a particular military
event under paragraph (1)(B), on the last day of the period of
the event.
``(4) A monument may be placed only in those sections of Arlington
National Cemetery designated by the Secretary of the Army for such
placement.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 24 of title 38, United States Code, is amended by adding after
section 2413, as added by section 3(b) of this Act, the following new
item:
``2414. Arlington National Cemetery: authorized headstones, markers,
and monuments.''.
(c) Effective Date.--The amendment made by subsection (a) shall
apply with respect to headstones, markers, or monuments placed in
Arlington National Cemetery on or after the date of the enactment of
this Act.
SEC. 5. PUBLICATION OF REGULATIONS.
Not later than one year after the date of the enactment of this
Act, the Secretary of the Army shall publish in the Federal Register
any regulation proposed by the Secretary under this Act.
Passed the House of Representatives March 24, 1998.
Attest:
ROBIN H. CARLE,
Clerk. | Arlington National Cemetery Burial Eligibility Act - Allows the remains of the following persons to be interred at Arlington National Cemetery: (1) any member of the armed forces who dies while on active duty; (2) any retired member and any person who served on active duty and at the time of death was entitled to retired pay (or would have been so entitled but for his or her age); (3) any former member who was separated for physical disability before October 1, 1949, who served on active duty, and who would have been eligible for disability retirement if such provisions had been in effect on such date; (4) any former member whose last active military service was terminated honorably and who has been awarded one of a number of specified military decorations; (5) any former prisoner of war who dies on or after November 30, 1993; (6) the President or any former President; (7) the spouse, surviving spouse, minor child, and, in the discretion of the Cemetery's Superintendent, unmarried adult child of an interred member (but only if buried in the same gravesite); (8) the spouse, minor child, and unmarried adult child (discretionary) of a member on active duty if such person dies while the member is on active duty; (9) the individual whose spouse, minor child, and unmarried adult child (discretionary) is eligible under (8), above, but only if buried in the same gravesite; (10) the parents of a minor child or unmarried adult child whose remains, based on the parent's eligibility, are already buried in the Cemetery, but only if buried in the same gravesite; (11) the surviving spouse, minor child, and unmarried adult child (discretionary) of a member who was lost, buried at sea, or officially determined to be permanently absent in a status of missing or missing in action; and (12) the surviving spouse, minor child, and unmarried adult child (discretionary) of a member buried in a cemetery under the jurisdiction of the American Battle Monuments Commission.
Makes such burial eligibility the exclusive eligibility for Cemetery burial. Prohibits the Secretary of the Army or any other responsible official from considering a request for Cemetery burial made before the death of the individual.
Directs the Secretary to maintain for the public a register of each individual buried in the Cemetery which shall include, for each individual buried there on or after January 1, 1998, a brief description of his or her eligibility for such burial.
Requires the Secretary to publish an updated pamphlet describing Cemetery burial eligibility.
Authorizes the cremated remains of the following persons to be placed in the Cemetery columbarium: (1) a person eligible for burial under this Act; (2) a veteran whose last period of active duty ended honorably; and (3) the spouse, surviving spouse, minor child, or unmarried adult child (discretionary) of such a veteran.
Requires Cemetery gravesites to be appropriately marked. Directs the Secretary to prescribe regulations for the provision of headstones or markers at private expense in lieu of headstones and markers provided in the Cemetery by the Secretary of Veterans Affairs.
Prohibits a memorial or marker from being placed in the Cemetery: (1) unless it commemorates the service of the individual or group whose memory is to be honored by such memorial or marker or a particular military event; or (2) until 25 years after a period of service or a particular military event. | {"src": "billsum_train", "title": "Arlington National Cemetery Burial Eligibility Act"} | 3,035 | 765 | 0.736996 | 1.927085 | 0.728645 | 4.816176 | 4.102941 | 0.939706 |
SECTION 1. APPOINTMENT OF INSPECTOR GENERAL OF CERTAIN FEDERAL AGENCIES
BY THE PRESIDENT.
(a) In General.--Section 11 of the Inspector General Act of 1978 (5
U.S.C. App.) is amended--
(1) in paragraph (1), by inserting after ``the Social
Security Administration;'' the following: ``the person or
persons designated by statute as the head of, or, if no such
designation exists, the chief policymaking officer or board of,
Amtrak, the Appalachian Regional Commission, the Board of
Governors of the Federal Reserve System, the Board for
International Broadcasting, the Commodity Futures Trading
Commission, the Consumer Product Safety Commission, the
Corporation for Public Broadcasting, the Equal Employment
Opportunity Commission, the Farm Credit Administration, the
Federal Communications Commission, the Federal Deposit
Insurance Corporation, the Federal Election Commission, the
Federal Housing Finance Board, the Federal Labor Relations
Authority, the Federal Maritime Commission, the Federal Trade
Commission, the Legal Services Corporation, the National
Archives and Records Administration, the National Credit Union
Administration, the National Endowment for the Arts, the
National Endowment for the Humanities, the National Labor
Relations Board, the National Science Foundation, the Panama
Canal Commission, the Peace Corps, the Pension Benefit Guaranty
Corporation, the Securities and Exchange Commission, the
Smithsonian Institution, the Tennessee Valley Authority, the
United States International Trade Commission, and the United
States Postal Service; or, with respect to the National Science
Foundation, the National Science Board;''; and
(2) in paragraph (2), by inserting after ``the Social
Security Administration;'' ``Amtrak, the Appalachian Regional
Commission, the Board of Governors of the Federal Reserve
System, the Board for International Broadcasting, the Commodity
Futures Trading Commission, the Consumer Product Safety
Commission, the Corporation for Public Broadcasting, the Equal
Employment Opportunity Commission, the Farm Credit
Administration, the Federal Communications Commission, the
Federal Deposit Insurance Corporation, the Federal Election
Commission, the Federal Housing Finance Board, the Federal
Labor Relations Authority, the Federal Maritime Commission, the
Federal Trade Commission, the Legal Services Corporation, the
National Archives and Records Administration, the National
Credit Union Administration, the National Endowment for the
Arts, the National Endowment for the Humanities, the National
Labor Relations Board, the National Science Foundation, the
Panama Canal Commission, the Peace Corps, the Pension Benefit
Guaranty Corporation, the Securities and Exchange Commission,
the Smithsonian Institution, the Tennessee Valley Authority,
the United States International Trade Commission, or the United
States Postal Service''.
SEC. 2. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Inspector General Act of 1978.--
(1) Section 4(b)(2) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended--
(A) by striking ``, Offices of Inspector General of
designated Federal entities defined under section
8F(a)(2),'';
(B) by striking ``, or the Office of Inspector
General of each designated Federal entity defined under
section 8F(a)(2)''; and
(C) by striking ``8F(a)(1)'' and inserting
``8G(a)(1)''.
(2) Section 8G of such Act (5 U.S.C. App.), relating to
requirements for Federal entities and designated Federal
entities, is amended--
(A) in the section heading, by striking ``and
designated federal entities'' and inserting ``and
certain establishments'';
(B) by striking subsections (a)(1)(B), (a)(2),
(a)(4), (a)(5), (a)(6), (b), (c), (d), (e), (g)(1), and
(g)(2);
(C) in subsection (g)(3)--
(i) by striking ``Notwithstanding the last
sentence of subsection (d) of this section,
the'' and inserting ``The''; and
(ii) by striking ``8C'' and inserting
``8D'';
(D) in subsection (h)(1), by striking ``and
designated Federal entities'';
(E) by redesignating subsections (a)(1)(C),
(a)(1)(D), (a)(1)(E), (a)(1)(F), (a)(3), (f), (g)(3),
and (h) as subsections (a)(1)(B), (a)(1)(C), (a)(1)(D),
(a)(1)(E), (a)(2), (b), (c), and (d), respectively;
(F) in subsection (a)(1)(E), as so redesignated by
subparagraph (F) of this paragraph, by adding ``and''
at the end; and
(G) in subsection (a)(2), as so redesignated by
subparagraph (F) of this paragraph, by striking
``(h)(1)'' and inserting ``(d)(1)''.
(3) Section 8I of such Act (5 U.S.C. App.), relating to
rule of construction of special provisions, is amended by
striking ``or with respect to a designated Federal entity as
defined under section 8F(a)''.
(b) Energy Policy Act of 1992.--Section 160(a) of the Energy Policy
Act of 1992 (42 U.S.C. 8262f(a)) is amended by striking ``8E(f)(1)''
and inserting ``8G(b)(1)''.
SEC. 3. CONTINUATION OF SERVICE OF INSPECTORS GENERAL OF FORMER
DESIGNATED FEDERAL ENTITIES.
An individual serving immediately before the enactment of this Act
as the Inspector General of a designated Federal entity (as defined in
section 8G(a)(2) of the Inspector General Act of 1978, as in effect
immediately before such enactment), that section 1 of this Act makes an
establishment under the Inspector General Act of 1978, may serve as the
Inspector General of the establishment, and may perform the functions
of and exercise the authorities of the Inspector General of the
establishment, until the appointment of the Inspector General of the
establishment in accordance with the Inspector General Act of 1978. | Amends the Inspector General Act of 1978 to provide for the appointment of Inspectors General of specified Federal agencies by the President. | {"src": "billsum_train", "title": "To amend the Inspector General Act of 1978 to provide for the appointment of the Inspector General of certain Federal agencies by the President of the United States."} | 1,387 | 27 | 0.421419 | 1.049514 | 0.114049 | 3.217391 | 53.478261 | 0.869565 |
SECTION 1. FEDERAL CONTRACTS TO REQUIRE COMPLIANCE WITH STATE WORKMEN'S
COMPENSATION LAWS.
(a) In General.--(1) Title III of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) is amended
by inserting after section 303G (41 U.S.C. 253g) the following new
section:
``SEC. 303H. COMPLIANCE WITH STATE WORKMEN'S COMPENSATION LAWS.
``(a) Compliance Required.--Each contract for the purchase of
property or services made by an executive agency shall provide that the
prime contractor (and any subcontractor performing work on the contract
under the prime contractor) shall guarantee throughout the performance
of work under the contract to comply with the workmen's compensation
law of each State in which work under the contract will be performed.
``(b) Termination of Work on Failure to Demonstrate Compliance.--
Each such contract shall contain the further provision that in the
event the contracting officer determines that the prime contractor (or
any subcontractor under the contract) is not in compliance with the
workmen's compensation laws of any State within which work under the
contract is being carried out, the Government may terminate the right
of the offending contractor or subcontractor to proceed with the work
or such part of the work being carried out in a State in which
compliance with the workmen's compensation laws is not demonstrated.
Notice of such termination shall be provided in writing to the
offending contractor or subcontractor. If, within a reasonable time,
the offending contractor or subcontractor has not demonstrated
compliance with the workmen's compensation laws of such State,
including payment of any fines or penalties assessed for failure to
carry workmen's compensation insurance, the Government may complete the
work. The contractor and any sureties of the contractor shall be liable
to the Government for any excess costs occasioned the Government as a
result of the termination.
``(c) Exceptions.--This section shall not apply in the case of
contracts covered by the Defense Base Act (42 U.S.C. 1651 et seq.) or
the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901 et
seq.).
``(d) Suspension of Section.--In the event of a national emergency,
the President may suspend operation of this section.''.
(2) The table of contents at the beginning of such Act is amended
by inserting after the item relating to section 303G the following new
item:
``Sec. 303H. Compliance with State workmen's compensation laws.''.
(b) Special Rule for Defense Contracts.--(1) Chapter 137 of title
10, United States Code, is amended by adding at the end the following
new section:
``Sec. 2332. Compliance with State workmen's compensation laws.
``(a) Compliance Required.--Each contract for the purchase of
property or services made by the head of an agency shall provide that
the prime contractor (and any subcontractor performing work on the
contract under the prime contractor) shall guarantee throughout the
performance of work under the contract to comply with the workmen's
compensation law of each State in which work under the contract will be
performed.
``(b) Termination of Work on Failure to Demonstrate Compliance.--
Each such contract shall contain the further provision that in the
event the contracting officer determines that the prime contractor (or
any subcontractor under the contract) is not in compliance with the
workmen's compensation laws of any State within which work under the
contract is being carried out, the head of the agency concerned may
terminate the right of the offending contractor or subcontractor to
proceed with the work or such part of the work being carried out in a
State in which compliance with the workmen's compensation laws is not
demonstrated. Notice of such termination shall be provided in writing
to the offending contractor or subcontractor. If, within a reasonable
time, the offending contractor or subcontractor has not demonstrated
compliance with the workmen's compensation laws of such State,
including payment of any fines or penalties assessed for failure to
carry workmen's compensation insurance, the head of the agency
concerned may complete the work. The contractor and any sureties of the
contractor shall be liable to the Government for any excess costs
occasioned the Government as a result of the termination.
``(c) Exceptions.--This section shall not apply in the case of
contracts covered by the Defense Base Act (42 U.S.C. 1651 et seq.).
``(d) Suspension of Section.--In the event of a national emergency,
the President may suspend operation of this section.''.
(2) The table of contents at the beginning of such chapter is
amended by adding at the end the following new item:
``2332. Compliance with State workmen's compensation laws.''.
(c) Application of Amendments.--The amendments made by this section
shall apply with respect to Federal contracts entered into after the
date of the enactment of this Act. | Amends the Federal Property and Administrative Services Act of 1949 and specified defense procurement provisions to require each contract for the purchase of property or services made by an executive agency to provide: (1) that the prime contractor and any subcontractor thereof shall guarantee to comply with State workers' compensation laws; and (2) for the termination of the right of the offending contractor or subcontractor to proceed with the work being carried out in a State in which compliance with such a law is not demonstrated, subject to specified requirements.
Makes specified exceptions to such provisions under the Defense Base Act and the Longshore and Harbor Workers' Compensation Act.
Authorizes the President to suspend operation of this Act in the event of a national emergency. | {"src": "billsum_train", "title": "To amend the Federal Property and Administrative Services Act of 1949 and title 10, United States Code, to require as a term in each contract for property or services made by an executive agency that the contractor (and any subcontractors under that contract) shall comply with the workmen's compensation law of each State in which the contract is performed."} | 1,143 | 149 | 0.623847 | 1.878174 | 0.76389 | 3.778571 | 7.1 | 0.892857 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``SBA Trade Programs
Act of 2007''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--SMALL BUSINESS TRADE POLICY
Sec. 101. Develop and implement small business trade policies.
Sec. 102. Establish an annual small business trade strategy.
Sec. 103. Track small business exports and trade resource utilization.
TITLE II--TRADE COMPLIANCE PROGRAMS
Sec. 201. Trade Remedy and Dispute Assistance Initiative.
Sec. 202. Patent Assistance and Intellectual Property Protections
Initiative.
TITLE III--TRADE ADJUSTMENT ASSISTANCE FOR SMALL BUSINESSES
Sec. 301. Trade Adjustment Assistance Financing Initiative.
Sec. 302. Technical resources for trade adjustment assistance.
TITLE IV--EXPORT ASSISTANCE
Sec. 401. Increase Small Business Administration participation at
Export Assistance Centers.
Sec. 402. Increase access to capital for small and medium-sized
exporters.
Sec. 403. Clerical amendment.
TITLE V--AUTHORIZATION OF APPROPRIATIONS
Sec. 501. Authorization of appropriations.
TITLE I--SMALL BUSINESS TRADE POLICY
SEC. 101. TRADE POLICY FOR SMALL BUSINESS.
Section 22 of the Small Business Act (15 U.S.C. 649) is amended by
adding at the end the following:
``(h) Role in Trade Policy.--
``(1) Recommendations.--The director of the Office shall
present recommendations regarding small business exporters to
trade negotiators.
``(2) Development of trade policies.--The director of the
Office shall assist in the development of trade policies that
increase opportunities for small businesses in domestic and
foreign markets, including the removal of trade barriers.
``(3) Implementation of trade policies.--The director of
the Office shall assist in the implementation of trade policies
through relationships developed with Federal trade
policymakers, particularly the United States Trade
Representative, and transnational organizations, such as the
Organization for Economic Co-operation and Development.
``(4) Small exporter promotion programs.--The director of
the Office shall establish programs that will boost the export
opportunities of entrepreneurs and encourage transnational
organizations, such as the Organization for Economic Co-
operation and Development, small exporter organizations, and
ministries of foreign governments to support and publicize
these programs.
``(5) Strategic alliances.--
``(A) Congressional notification.--The director of
the Office shall notify the Committee on Small Business
of the House of Representatives and the Committee on
Small Business and Entrepreneurship of the Senate of
pending strategic alliances.
``(B) Follow-up activities.--The director of the
Office shall ensure that planned and documented follow-
up activities for strategic alliances increase trade
opportunities for small businesses.
``(C) Strategic alliance defined.--In this
paragraph, the term `strategic alliance' means a
working relationship, entered into between the Small
Business Administration and foreign national ministries
representing small business concerns, for the purpose
of strengthening trade between United States small
businesses and foreign small businesses by establishing
overseas networks and buyers.''.
SEC. 102. ESTABLISH AN ANNUAL SMALL BUSINESS TRADE STRATEGY.
Section 22 of the Small Business Act (15 U.S.C. 649), as amended by
this Act, is further amended by adding at the end the following:
``(i) Annual Small Business Trade Strategy.--
``(1) In general.--The director of the Office shall develop
and maintain a small business trade strategy that is
contributed as part of the National Export Strategy developed
by the Department of Commerce that includes at least the
following components:
``(A) Strategies to increase small business export
opportunities. The strategies shall include a specific
strategy to increase small business export
opportunities to the Asia Pacific Region.
``(B) Recommendations to increase the
competitiveness of domestic small business industries
in the global economy.
``(C) Recommendations to protect small businesses
from unfair trade practices, including intellectual
property violations.
``(D) Strategies to expand small business
representation in United States trade policy formation
and implementation.
``(E) Coordination efforts with the Trade Promotion
Coordinating Committee of the Department of Commerce,
as well as with Federal agencies that also provide
trade financing to small businesses, such as the
Overseas Private Investment Corporation and the Export-
Import Bank.
``(2) Report.--At the beginning of each fiscal year, the
director shall submit to the Committee on Small Business of the
House of Representatives and the Committee on Small Business
and Entrepreneurship of the Senate a report on the small
business trade strategy required by paragraph (1). The report
shall cover, at a minimum, each of the components required by
paragraph (1) and shall include specific policies and
objectives and timelines to implement those policies and
objectives.''.
SEC. 103. TRACK SMALL BUSINESS EXPORTS AND TRADE RESOURCE UTILIZATION.
Section 22 of the Small Business Act (15 U.S.C. 649), as amended by
this Act, is further amended by adding at the end the following:
``(j) Tracking System.--
``(1) In general.--The director of the Office shall develop
a system to track small business exports and the use by small
businesses of Federal trade promotion resources. The director
shall ensure that the system is consistent through each Federal
agency member of the Trade Promotion Coordinating Committee.
``(2) Design emphasis.--The director shall give particular
attention, in designing the system, to the tracking of data on
the trade of services by small exporters, in consultation with
the Department of Commerce.
``(3) Implementation.--The director shall work in
consultation with members of the Trade Promotion Coordinating
Committee to ensure that the system is implemented and that the
results of the system are reported annually in the National
Export Strategy conducted by the Trade Promotion Coordinating
Committee.''.
TITLE II--TRADE COMPLIANCE PROGRAMS
SEC. 201. TRADE REMEDY AND DISPUTE ASSISTANCE INITIATIVE.
Section 22 of the Small Business Act (15 U.S.C. 649), as amended by
this Act, is further amended by adding at the end the following:
``(k) Trade Remedy and Dispute Assistance Initiative.--The director
of the Office shall design, and the district offices of the
Administration shall implement, a program that provides technical
assistance, counseling services, and reference materials to assist
small businesses navigate the trade dispute and remedy processes. The
program shall include--
``(1) information on available resources, procedures, and
requirements for trade remedy investigations;
``(2) an approach for district office staff to provide one-
on-one assistance to small businesses involved in these
activities; and
``(3) an identification of legal resources and other tools
to ensure small businesses can navigate the trade dispute and
remedy processes affordably.''.
SEC. 202. PATENT ASSISTANCE AND INTELLECTUAL PROPERTY PROTECTIONS
INITIATIVE.
Section 22 of the Small Business Act (15 U.S.C. 649), as amended by
this Act, is further amended by adding at the end the following:
``(l) Patent Assistance and Intellectual Property Protections
Initiative.--In consultation with the United States Patent and
Trademark Office and the United States Copyright Office, the Office
shall design counseling services, including identifying legal resources
for small businesses to secure intellectual property protection in
foreign countries. To implement the program, the Office shall
collaborate with district office staff to provide on-on-one assistance
to small businesses involved in these activities.''.
TITLE III--TRADE ADJUSTMENT ASSISTANCE FOR SMALL BUSINESSES
SEC. 301. TRADE ADJUSTMENT ASSISTANCE FINANCING INITIATIVE.
Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is
amended--
(1) in paragraph (2)(D) by inserting after ``paragraph
(14)(A),'' the following: ``or to participate in a loan made
under paragraph (16),''; and
(2) in paragraph (16)--
(A) in subparagraph (D) by striking clauses (i) and
(ii) and inserting the following:
``(i) is impacted by--
``(I) increased competition with
foreign firms in the relevant market;
or
``(II) unfair trade practices,
particularly intellectual property
violations; and
``(ii) is injured by such impacts.''; and
(B) by adding at the end the following:
``(E) Outreach and marketing.--The Administration
shall increase outreach and marketing of international
trade loans to district offices and private lenders.''.
SEC. 302. TECHNICAL RESOURCES FOR TRADE ADJUSTMENT ASSISTANCE.
Section 22 of the Small Business Act (15 U.S.C. 649), as amended by
this Act, is further amended by adding at the end the following:
``(m) Technical Resources for Trade Adjustment Assistance.--
``(1) In general.--The director of the Office shall
establish a comprehensive set of services to assist small
business readjustment, including access to training,
technology, marketing assistance, and research and information
on domestic and global markets.
``(2) Implementation.--The Administrator shall, by
regulation, establish such requirements as may be necessary to
carry out paragraph (1).
``(3) Outreach.--The Office shall work with the district
offices and the outreach business assistance centers of the
Administration, including Small Business Development Centers,
Women's Business Centers, and SCORE, to offer the set of
services established under paragraph (1) to small businesses in
their local communities.''.
TITLE IV--EXPORT ASSISTANCE
SEC. 401. INCREASE SMALL BUSINESS ADMINISTRATION PARTICIPATION AT
EXPORT ASSISTANCE CENTERS.
Section 22 of the Small Business Act (15 U.S.C. 649), as amended by
this Act, is further amended by adding at the end the following:
``(n) Trade Finance Positions.--
``(1) Additional trade finance specialists.--
``(A) In general.--The Office, over the 1-year
period beginning on the date of the enactment of this
subsection, shall increase the number of trade finance
specialists at Export Assistance Centers by at least 6
and thereafter shall maintain the number of such trade
finance specialists at or above that number. Candidates
for the positions are required to have sufficient
qualifications and experiences.
``(B) Authorization of appropriations.--There are
authorized to be appropriated to carry out subparagraph
(A) such sums as may be necessary.
``(2) Filling vacant positions.--The Office, over the 3-
month period beginning on the date of the enactment of this
subsection, shall fill all trade finance positions that have
been vacant since 2003. Candidates for the positions are
required to have sufficient qualifications and experiences.
``(3) Filling gaps in high-export-volume areas.--The
director of the Office shall--
``(A) not later than 1 year after the date of the
enactment of this subsection, carry out a national
study to compare the rate of exports from each State
and major metropolitan region to the availability of
Administration staff participating in Export Assistance
Centers in such State or region;
``(B) not later than 2 years after such date of
enactment, design a formula to eliminate gaps between
supply of, and demand for, such staff in areas with
high export volumes; and
``(C) request the additional staff that are
required to eliminate such gaps and place them in those
areas.''.
SEC. 402. INCREASE ACCESS TO CAPITAL FOR SMALL AND MEDIUM-SIZED
EXPORTERS.
Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is
amended--
(1) in paragraph (2)(D) by amending the heading to read as
follows: ``Participation under export working capital and
international trade programs''; and
(2) in paragraph (3)--
(A) in subparagraph (A) by striking ``subparagraph
(B)'' and inserting ``subparagraphs (B) and (C)'';
(B) by redesignating subparagraphs (B) and (C) as
(C) and (D), respectively;
(C) by inserting after subparagraph (A) the
following:
``(B) if the total amount outstanding and committed
(by participation or otherwise) solely for the purposes
provided in paragraphs (14)(A) and (16) to the borrower
from the business loan and investment fund established
by this Act would exceed $2,250,000 (or if the gross
loan amount would exceed $3,000,000), except as
provided in subparagraph (C);''; and
(D) in subparagraph (C) (as so redesignated) by
striking ``$1,750,000, of which not more than
$1,250,000'' and inserting ``$2,250,000, of which not
more than $1,600,000''.
SEC. 403. CLERICAL AMENDMENT.
Section 22(c)(5) of the Small Business Act (15 U.S.C. 649) is
amended by striking the period at the end and inserting a semicolon.
TITLE V--AUTHORIZATION OF APPROPRIATIONS
SEC. 501. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act and the amendments made by this Act.
Passed the House of Representatives September 4, 2007.
Attest:
LORRAINE C. MILLER,
Clerk.
By Jorge E. Sorensen,
Deputy Clerk. | SBA Trade Programs Act of 2007 - Title I: Small Business Trade Policy - (Sec. 101) Amends the Small Business Act to require the director of the Office of International Trade (Office) within the Small Business Administration (SBA) to: (1) present recommendations regarding small business exporters to trade negotiators; (2) develop trade policies that support small businesses in domestic and foreign markets; (3) implement trade policies through relationships developed with federal trade policymakers and transnational organizations; (4) establish programs to boost exports of entrepreneurs and encourage transnational organizations to support and publicize such programs; (5) notify the congressional small business committees of pending strategic alliances; and (6) engage in follow-up activities for strategic alliances increasing trade opportunities for small businesses.
(Sec. 102) Requires the director to: (1) develop and maintain a small business trade strategy that is contributed as part of the National Export Strategy developed by the Department of Commerce; and (2) report such strategy to the small business committees.
(Sec. 103) Requires the director to develop a system to track small business exports and the use by small businesses of federal trade promotion resources.
Title II: Trade Compliance Programs - (Sec. 201) Requires the director to design a program that provides technical assistance, counseling services, and reference materials to assist small businesses in navigating the trade dispute and remedy processes.
(Sec. 202) Directs the Office to design counseling services for small businesses taking legal action to secure intellectual property protection in foreign countries.
Title III: Trade Adjustment Assistance for Small Businesses - (Sec. 301) Directs the SBA to increase outreach and marketing of international trade loans to district offices and private lenders.
(Sec. 302) Requires the director to establish a comprehensive set of services to assist small business trade readjustment.
Title IV: Export Assistance - (Sec. 401) Directs the Office to increase by at least six the number of trade finance specialists at Export Assistance Centers. Authorizes appropriations. Requires the director to carry out a national study to compare the rates of exports from each state and major metropolitan region to the availability of SBA staff participating in Export Assistance Centers in such state or region.
(Sec. 402) Increases SBA loan limits for small and medium-sized exporters participating in export working capital and international trade programs.
Title V: Authorization of Appropriations - (sec. 501) Authorizes appropriations. | {"src": "billsum_train", "title": "To amend the Small Business Act to improve trade programs, and for other purposes."} | 3,115 | 550 | 0.774512 | 2.564703 | 0.812069 | 3.824268 | 5.76569 | 0.949791 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Independent Ethics Commission Act of
2007''.
SEC. 2. ESTABLISHMENT OF INDEPENDENT ETHICS COMMISSION.
(a) Establishment.--There is established an independent ethics
commission within the House of Representatives to be known as the
Independent Ethics Committee (in this Act referred to as the
``Commission'').
(b) Membership and Terms of Office.--(1) The Commission shall
consist of 9 commissioners, 4 appointed by the Speaker and 4 by the
minority leader of the House, and one selected by the affirmative vote
of two-thirds of the 8 appointed commissioners for a term of 5 years.
No commissioner may serve for more than 5 years.
(2) Commissioners shall be appointed for terms of 5 years, except
that of the commissioners first appointed, 2 appointed by the Speaker
and 2 by the minority leader shall be for 3-year terms and 2 appointed
by the Speaker and 2 by the minority leader shall be for 4-year terms
as designated by the Speaker and the minority leader at the time of
appointment.
(c) Qualifications.--Only former Federal judges shall be eligible
for appointment to the Commission.
(1) Disqualifications for appointments.--
(A) Lobbying.--No individual who has been a
lobbyist registered under the Lobbying Disclosure Act
of 1995 or engages in, or is otherwise employed in,
lobbying of the Congress or who is an agent of a
foreign principal registered under the Foreign Agents
Registration Act within the 4-year period immediately
preceding appointment shall be eligible for appointment
to, or service on, the Commission.
(B) Incompatible office.--No member of the
Commission appointed under subsection (b) may be a
Member of the House of Representatives or Senator.
(2) Vacancies.--A vacancy on the Commission shall be filled
in the manner in which the original appointment was made.
(d) Compensation.--Members shall each be entitled to receive the
daily equivalent of the maximum annual rate of basic pay in effect for
Level III of the Executive Schedule for each day (including travel
time) during which they are engaged in the actual performance of duties
vested in the Commission.
(e) Quorum.--A majority of the members of the Commission shall
constitute a quorum.
(f) Meetings.--The Commission shall meet at the call a majority of
its members.
SEC. 3. DUTIES OF COMMISSION.
(a) Duties.--The Commission is authorized--
(1) to receive, monitor, and oversee financial disclosure
and other reports filed by Members of the House and officers
and employees of the House under the Ethics in Government Act
of 1978, and reports filed by registered lobbyists under the
Lobbying Disclosure Act of 1995;
(2) to investigate any alleged violation, by a Member,
officer, or employee of the House of Representatives, of any
rule or other standard of conduct applicable to the conduct of
such Member, officer, or employee under House rules in the
performance of his duties or the discharge of his
responsibilities;
(3) to present a case of probable ethics violations to the
Committee on Standards of Official Conduct of the House of
Representatives;
(4) to make recommendations to the Committee on Standards
of Official Conduct of the House of Representatives that it
report to the appropriate Federal or State authorities any
substantial evidence of a violation by a Member, officer, or
employee of the House of Representatives of any law applicable
to the performance of his duties or the discharge of his
responsibilities, which may have been disclosed in an
investigation by the Office;
(5) to provide information and informal guidance to
Members, officers and employees of the House of Representatives
regarding any rules and other standards of conduct applicable
to such individuals in their official capacities, and develop
and carry out periodic educational briefings for Members,
officers, and employees of the House of Representatives on
those laws, rules, regulations, or other standards; and
(6) to give consideration to the request of any Member,
officer, or employee of the House of Representatives for a
formal advisory opinion or other formal ruling, subject to the
review of the Committee on Standards of Official Conduct of the
House of Representatives, as applicable, with respect to the
general propriety of any current or proposed conduct of such
Member, officer, or employee and, with appropriate deletions to
assure the privacy of the individual concerned, to publish such
opinion for the guidance of other Members, officers, and
employees of the House of Representatives.
SEC. 4. POWERS OF COMMISSION.
(a) Hearings and Evidence.--The Commission may for the purpose of
carrying out this Act--
(1) hold such hearings and sit and act at such times and
places, take such testimony, receive such evidence, administer
such oaths; and
(2) subject to subsection (b), require, by subpoena or
otherwise, the attendance and testimony of such witnesses and
the production of such books, records, correspondence,
memoranda, papers, and documents, as the Commission may
determine advisable.
(b) Subpoenas.--A subpoena may be issued only with a majority of
the Commission.
(c) Obtaining Information.--Upon request of the Commission, the
head of any agency or instrumentality of the Government shall furnish
information deemed necessary by the Commission to enable it to carry
out its duties.
(d) Referrals to the Department of Justice.--Whenever the
Commission has reason to believe that a violation of the Lobbying
Disclosure Act of 1995 may have occurred, that matter may be referred
to the Department of Justice for it to investigate.
(e) General Audits.--The Commission shall have the authority to
conduct general audits of filings under the Lobbying Disclosure Act of
1995.
SEC. 5. INVESTIGATIONS AND INTERACTION WITH THE HOUSE COMMITTEE ON
STANDARDS OF OFFICIAL CONDUCT.
(a) Notification.--Whenever the Commission determines that there
are sufficient grounds to conduct an investigation--
(1) the Commission shall notify the Committee on Standards
of Official Conduct of this determination;
(2) the applicable committee may overrule the determination
of the Commission if, within 10 legislative days--
(A) the committee by an affirmative, roll-call vote
of two-thirds of the full committee votes to overrule
the determination of the Commission;
(B) the committee issues a public report detailing
its reasoning for overruling the Commission;
(C) the vote of each member of the committee on
such roll-call vote is included in the report;
(D) dissenting members are allowed to issue their
own report detailing their reasons for disagreeing with
the majority vote; and
(E) if the committee votes to overrule the
determination of the Commission pursuant to
subparagraph (B), the Commission may publish and make
available to the general public a report detailing the
reasons that the Commission concluded there were
sufficient grounds to conduct an investigation.
(b) Conducting Investigations.--(1) If the Commission determines
that there are sufficient grounds to conduct an investigation and his
determination is not overruled under subsection (a)(5), the Commission
shall conduct an investigation to determine if probable cause exists
that a violation occurred.
(2) As part of an investigation, the Commission may--
(A) administer oaths;
(B) issue subpoenas;
(C) compel the attendance of witnesses and the production
of papers, books, accounts, documents, and testimony; and
(D) take the deposition of witnesses.
(3) If a person disobeys or refuses to comply with a subpoena, or
if a witness refuses to testify to a matter, he may be held in contempt
of Congress.
(c) Presentation of Case to House Committee on Standards of
Official Conduct.--(1) If the Commission determines, upon conclusion of
an investigation, that probable cause exists that an ethics violation
has occurred, the Commission shall notify the Committee on Standards of
Official Conduct of the House of Representatives of this determination.
(2) The committee may overrule the determination of the Commission
if, within 10 legislative days--
(A) the committee by an affirmative, roll-call vote of two-
thirds of the full committee votes to overrule the
determination of the Commission;
(B) the committee issues a public report detailing its
reasoning for overruling the Commission;
(C) the vote of each member of the committee on such roll-
call vote is included in the report; and
(D) dissenting members are allowed to issue their own
report detailing their reasons for disagreeing with the
majority vote.
(3) If the committee votes to overrule the determination of the
Commission pursuant to paragraph (2), the Commission may publish and
make available to the general public a report detailing the reasons
that he concluded there were sufficient grounds to present such case to
the committee.
(4)(A) If the Commission determines there is probable cause that an
ethics violation has occurred and the Commission's determination is not
overruled, the Commission shall present the case and evidence to the
Committee on Standards of Official Conduct of the House of
Representatives to hear and make a determination pursuant to its rules.
(B) The committee shall vote upon whether the individual who is the
subject of the investigation has violated any rules or other standards
of conduct applicable to that individual in his official capacity. Such
votes shall be a roll-call vote of the full committee, a quorum being
present. The committee shall issue a public report which shall include
the vote of each member of the committee on such roll-call vote.
Dissenting members may issue their own report detailing their own
reasons for disagreeing with the majority vote.
(d) Sanctions.--Whenever the Committee on Standards of Official
Conduct of the House of Representatives finds that an ethics violation
has occurred the Commission shall recommend appropriate sanctions to
the committee and whether a matter should be referred to the Department
of Justice for investigation.
SEC. 6. PROCEDURAL RULES.
(a) Majority Approval.--No report or recommendation relating to the
official conduct of a Member, officer, or employee of the House of
Representatives shall be made by the Commission, and no investigation
of such conduct shall be undertaken by the Commission, unless approved
by the affirmative vote of a majority of the members of the Commission.
(b) Investigations.--Except in the case of an investigation
undertaken by the Commission on its own initiative, the Commission may
undertake an investigation relating to the official conduct of an
individual Member, officer, or employee of the House of Representatives
only--
(1) upon receipt of a complaint, in writing and under oath,
made by or submitted to a Member of the House of
Representatives and transmitted to the Commission by such
Member, or
(2) upon receipt of a complaint from the chairman of the
Committee on Standards of Official Conduct of the House of
Representatives, in writing and under oath, made by that
committee.
(c) Prohibition of Certain Investigations.--No investigation shall
be undertaken by the Commission of any alleged violation of a law,
rule, regulation, or standard of conduct not in effect at the time of
the alleged violation.
(d) Disclosure.--No information or testimony received, or the
contents of a complaint or the fact of its filing, shall be publicly
disclosed by any member of the Commission or staff of the Commission
unless specifically authorized in each instance by a vote of the
Commission.
SEC. 7. STAFF OF COMMISSION.
The Commission may appoint and fix the compensation of such staff
as the Commission considers necessary to perform its duties. The
Commission shall be appointed jointly by the Speaker and minority
leader and shall be paid at a rate not to exceed the rate of basic pay
payable for Level III of the Executive Schedule.
SEC. 8. AMENDMENTS TO THE RULES OF THE HOUSE TO CHANGE THE DUTIES OF
THE COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT.
(a) House Rules Amendments.--Clause 3 of rule XI of the Rules of
the House of Representatives is amended as follows:
(1) In paragraph (a), strike subparagraphs (1), (2), and
(3), and redesignate subparagraphs (4), (5), and (6), as
subparagraphs (1), (2), and (3), respectively.
(2)(A) Paragraph (b)(1) is amended by striking ``(A)'', by
striking ``a resolution, report, recommendation, or'' and
inserting ``an'', and by striking ``, or, except as provided in
subparagraph (2), undertake an investigation'', and by striking
subdivision (B).
(B) Paragraph (b) is further amended by striking
subparagraphs (2), (3), (4), and (5) and by redesignating
subparagraphs (6) and (7) as subparagraphs (2) and (3),
respectively.
(3) Strike paragraphs (j) (k), (l), (m), (n), (o), (p), and
(q).
(b) Conforming Amendments.--Section 803 of the Ethics Reform Act of
1989 (2 U.S.C. 29d) is amended by striking subsections (c) and (d).
SEC. 9. ACTION ON COMMISSION RECOMMENDATIONS.
(a) Printing of Reports in Congressional Record.--Upon receipt by
the Committee on Standards of Official Conduct of the House of
Representatives of any report of the Commission, the Speaker of the
House of Representatives shall have the report printed in the
Congressional Record.
(b) House Consideration of Independent Ethics Commission
Recommendations.--Within 14 calendar days after a report referred to in
subsection (a) is printed in the Congressional Record, that portion of
the report recommending action by the House of Representatives
respecting any alleged violation, by a Member, officer, or employee of
the House of Representatives, of any law, rule, regulation, or other
standard of conduct applicable to the conduct of such Member, officer,
or employee in the performance of his duties or the discharge of his
responsibilities shall be introduced (by request) in the House by the
Speaker of the House, for himself and the minority leader of the House
in the form of a resolution. This resolution shall constitute a
question of privilege under rule IX of the Rules of the House of
Representatives. Any Member favoring the resolution may call it up as a
question of privilege but only on the third day after the calendar date
upon which such Member announces to the House his intention to do so.
SEC. 10. EFFECTIVE DATE.
This Act shall take effect upon the date of its enactment, except
that sections 3, 4, and 8 shall not take effect immediately prior to
noon January 3, 2009. | Independent Ethics Commission Act of 2007 - Establishes within the House of Representatives an Independent Ethics Commission composed only of former federal judges. | {"src": "billsum_train", "title": "To establish an Independent Ethics Commission within the House of Representatives composed of former Federal judges."} | 3,232 | 29 | 0.52635 | 1.228925 | 1.064853 | 3.083333 | 126 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Theodore Roosevelt Commemorative
Coin Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Theodore Roosevelt, one of America's greatest
presidents, was born on October 27, 1858, in New York City, New
York.
(2) At the young age of 23, Theodore Roosevelt was elected
to the first of 3 terms as a representative in the New York
State Assembly (1882-1884).
(3) From 1895-1897, Theodore Roosevelt served as
Commissioner of the New York City Police Department.
(4) While serving as Assistant Secretary of the Navy under
President William McKinley (1897-1898), Theodore Roosevelt
organized the First United States Volunteer Cavalry Regiment,
popularly known as the ``Rough Riders'', and then served as
Colonel of this regiment during the Spanish-American War.
(5) From 1898-1900, Theodore Roosevelt served as Governor
of New York.
(6) In 1900, with the election of President McKinley,
Theodore Roosevelt was elected as the 25th Vice-President of
the United States.
(7) Becoming the 26th President of the United States the
following year, Theodore Roosevelt took a very active role in
foreign affairs, establishing the United States as a new world
power, and instituted broad reforms, at home, particularly with
respect to labor, monopolies, and conservation, until the end
of his presidency in 1909.
(8) On January 16, 2001, Theodore Roosevelt was
posthumously awarded the Congressional Medal of Honor for
leading a charge up the San Juan Heights in Cuba during the
Spanish-American War, shortly before the war ended, thereby
becoming the first President of the United States to be awarded
the Congressional Medal of Honor.
(9) 2006 will mark the 100th anniversary of Theodore
Roosevelt receiving the Nobel Peace Prize, the first citizen of
the United States to receive such prize, for drawing up the
1905 peace treaty ending the Russo-Japanese War.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--The Secretary of the Treasury (hereinafter in
this Act referred to as the ``Secretary'') shall mint and issue the
following coins:
(1) $1 silver coins with rough rider design on obverse.--
Not more than 500,000 $1 coins bearing the designs specified in
section 4(a)(2), each of which shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent
copper.
(2) $1 silver coins with adventurer design on obverse.--Not
more than 500,000 $1 coins bearing the designs specified in
section 4(a)(3), each of which shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent
copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5136 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
(d) Use of the United States Mint at West Point, New York.--It is
the sense of the Congress that the coins minted under this Act should
be struck at the United States Mint at West Point, New York, to the
greatest extent possible.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall--
(A) be emblematic of the life and legacy of
President Theodore Roosevelt; and
(B) use the designs of James Earle Fraser or
Augustus Saint-Gaudens, 2 sculptors most closely
associated with the revitalization of the United States
coinage, commonly referred to as the ``Golden Age of
American Coin Design'', that was initiated by President
Theodore Roosevelt.
(2) $1 coins with rough rider design.--
(A) Obverse.--The obverse of the coins minted under
section 3(a)(1) shall bear the image of Theodore
Roosevelt as a Rough Rider that was used on the James
Earle Fraser medal of 1920.
(B) Reverse.--The reverse of the coins minted under
section 3(a)(1) shall bear the eagle design, with
motto, from the $20 gold ``double eagle'' coin produced
between 1907 and 1933 and designed by Augustus Saint-
Gaudens.
(3) $1 coins with adventurer design.--
(A) Obverse.--The obverse of the coins minted under
section 3(a)(2) shall bear the image of Theodore
Roosevelt on horseback, based on James Earle Fraser's
monumental 16-foot high bronze equestrian figure of
Roosevelt that--
(i) stands at the east front of the
American Museum of Natural History in New York
City; and
(ii) recognizes Roosevelt's lifelong
activity as a naturalist and conservationist
and emphasizes him as an adventurer,
outdoorsman, and hunter.
(B) Reverse.--The reverse of the coins minted under
section 3(a)(2) shall bear the design based on the
reverse designs by James Earle Fraser used on the
Roosevelt Memorial Association Medal of Honor and the
Association's Founders Medal that--
(i) depict the crusader's flaming sword of
righteousness and evoke ``Big Stick''
philosophy President Roosevelt espoused; and
(ii) to the left and right of the flaming
sword in four lines bear the quotation ``If I
Must Choose Between Righteousness and Peace, I
Choose Righteousness.'' from Roosevelt's
historical work, ``Unwise Peace Treaties''.
(4) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2006''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Commission of Fine Arts; and
(2) reviewed by the citizens advisory committee established
under section 5135 of title 31, United States Code.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning January 1, 2006, except that the Secretary may
initiate sales of such coins, without issuance, before such date.
(c) Termination of Minting Authority.--No coins shall be minted
under this Act after December 31, 2006.
SEC. 6. SALE OF COINS.
(a) Sale Price.--Notwithstanding any other provision of law, the
coins issued under this Act shall be sold by the Secretary at a price
equal to the face value, plus the cost of designing and issuing such
coins (including labor, materials, dies, use of machinery, overhead
expenses, and marketing).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders at a Discount.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
(d) Sales of Single Coins and Sets of Coins.--Coins of each design
specified under section 4 may be sold separately or as a set containing
a coin of each such design.
SEC. 7. SURCHARGES.
(a) Surcharge Required.--All sales shall include a surcharge of $10
per coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges which are received by the Secretary from
the sale of coins issued under this Act shall be promptly paid by the
Secretary to the Theodore Roosevelt Association to be used exclusively
for educational programs at Sagamore Hill National Historic Site,
operated by the National Park Service, including for the construction
and maintenance of a visitor's center.
(c) Audits.--The Theodore Roosevelt Association shall be subject to
the audit requirements of section 5134(f)(2) of title 31, United States
Code. | Theodore Roosevelt Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than: (1) 500,000 $1 coins with the image of Theodore Roosevelt as a Rough Rider on one side and an eagle design on the other side; and (2) 500,000 $1 coins with the image of Roosevelt on horseback on one side and a flaming sword of righteousness on the other side. Calls for the coins to be struck at the U.S. Mint at West Point, New York. Authorizes the Secretary to issue such minted coins beginning on January 1, 2006, and to initiate coin sales before such date (2006 will mark the 100th anniversary of Roosevelt receiving the Nobel Peace Prize). Requires surcharges from the sale of the coins to be paid to the Theodore Roosevelt Association to be used exclusively for educational programs at Sagamore Hill National Historic Site, including for construction and maintenance of a visitor's center. | {"src": "billsum_train", "title": "To require the Secretary of the Treasury to mint coins in commemoration of the centenary of the bestowal of the Nobel Peace Prize on President Theodore Roosevelt, and for other purposes."} | 1,999 | 209 | 0.494735 | 1.631245 | 0.603773 | 3.767045 | 9.857955 | 0.948864 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Liberian Peace and Democracy Act''.
SEC. 2. FINDINGS AND STATEMENT OF POLICY.
(a) Findings.--The Congress of the United States makes the
following findings:
(1) An estimated 150,000 people have died from war-related
causes in the Liberian civil war begun in 1989, while an
estimated 1,000,000 Liberians have been forced to flee to
neighboring countries and many others displaced internally.
(2) War crimes have been committed by all factions,
including rape, torture, summary executions of innocent
civilians, ritual murder, and cannibalism, with the goal of
terrorizing the Liberian civilian population.
(3) The Abuja Accord signed by Liberia's warring factions
in August 1995 led to the creation of a Transitional Government
after several years of fighting and political instability in
Liberia.
(4) The peace process has been derailed and the
transitional arrangement disrupted when factional fighting
erupted once again in the Liberian capital, Monrovia, in early
April 1996.
(5) The Economic Community Monitoring Group (ECOMOG), a
West African peacekeeping force, originally intervened in
August 1990 to stabilize the situation in Liberia.
(6) ECOMOG forces have provided relative peace and
stability intermittently to the capital, Monrovia, despite
financial and logistical difficulties in a very hostile
peacekeeping environment.
(7) The United States Government has provided an estimated
$5,000,000 in support of the ECOMOG's peacekeeping efforts over
the past several years, $15 of which arrived in early February
and has made commitments for additional $30,000,000.
(8) The United States has provided over $100,000,000 in
humanitarian and development assistance to Liberia since 1994.
(9) The factional fighting that again erupted in the
capital of Liberia in April 1996, has forced thousands to flee
the capital to neighboring countries.
(10) ECOMOG's failure to contain the April violence has
been widely criticized by the international community,
including the United States.
(11) The United States evacuated an estimated 2,300
American and foreign nationals to neighboring countries during
April's factional fighting in the Liberian capital.
(12) United States troops entered Liberia on April 11,
1996, equipped for combat for the purpose of evacuating
American citizens and to protect American embassy personnel and
property.
(13) An estimated 2,500 American troops are currently
deployed in and near Liberia.
(14) The governments of Cote d'Ivore, Burkina Faso, and
Guinea have contributed to the political instability and
violence in Liberia by providing financial, political, and
material support to the Liberian factions since the war erupted
in 1989.
(15) The behavior of the above mentioned governments has
directly contributed to the death, torture, and displacement of
hundreds of thousands of innocent civilians.
(16) The governments of the above mentioned countries have
ignored pleas from the international community and the United
States to cease their destructive activities.
(17) The war crimes committed by all factions in Liberia
are of such an egregious nature as to warrant total and
complete isolation of those responsible for these crimes.
(18) The United States and the international community
should bring those responsible for war crimes to justice and
prevent these individuals and their associates from holding
positions of responsibility in government.
(b) Statement of Policy.--It shall be the policy of the United
States to help bring about lasting peace and stability in Liberia and
to work toward establishing a just and democratic society.
SEC. 3 REMOVING OBSTACLES TO PEACE AND STABILITY.
(a) Policy Statement.--The governments of Cote d'Ivore, Burkina
Faso, and Guinea have contributed to the continuing violence in Liberia
by providing financial, political, and other types of assistance to
Liberia's factions since the civil war erupted in 1989.
(b) Authorization.--Not later than 45 days after the date of the
enactment of this Act, the President shall take the following measures
against Cote d'Ivore, Burkina Faso, and Guinea:
(1) Visa restrictions.--The Secretary of State shall deny a
visa to, and the Attorney General shall exclude from the United
States, any alien who the Secretary of State determines is a
senior official, or a spouse, minor child, or agent of a senior
official of such countries.
(2) Denial of loans.--The President shall instruct the
United States executive directors of international financial
institutions to vote against any loans or grants for such
countries.
(3) Prohibition.--The President shall prohibit exporting or
otherwise providing (by sale, lease or loan, grant, or other
means), directly or indirectly, any defense articles or
services, or licensing of defense articles or services under
the Arms Export Control Act to such countries.
(c) Waiver.--The President may waive any of the above mentioned
measures if the President certifies to Congress that Cote d'Ivore,
Burkina Faso, and Guinea have halted their assistance to Liberian
factions, or upon an explicit finding that such measures would not be
in the national interest of the United States.
(d) Reporting Requirement.--Not later than 90 days after the date
of the enactment of this Act, the President shall submit a report to
the appropriate congressional committees detailing the activities of
the governments of Cote d'Ivore, Burkina Faso, and Guinea and the
status of the Liberian civil war.
SEC. 4. ENDING THE CIVIL WAR AND BRINGING WAR CRIMINALS TO JUSTICE.
(a) Policy Statement.--It is the policy of the United States to
help bring lasting peace to Liberia by--
(1) continuing financial, logistical, and technical support
for peacekeeping purposes;
(2) continuing humanitarian and development assistance
through private and indigenous groups;
(3) encouraging regional actors to become more actively
engaged in Liberia to bring lasting peace; and
(4) identifying and providing material assistance to groups
in Liberia which are genuinely committed to restoring
governance and effective rule of law.
(b) Authority.--The President should use any measures necessary to
bring to justice Liberian war criminals and their associates.
(c) Request for Investigation.--The President should request the
United Nations Security Council to investigate war crimes committed by
any Liberian faction leaders (and their associates) who may be
responsible for the eruption of violence and the continuation of the
civil war.
(d) Enforcement of United States Laws.--The President shall
instruct all United States Government officials who engage in official
contracts with the governments of Cote d'Ivore, Burkina Faso, or
Guinea, to raise on a regular basis the extradition of or rendering to
the United States all persons residing in such countries who are sought
by the United States Department of Justice for crimes committed in the
United States.
(e) Blocking of Assets.--The President shall block all transactions
in the United States of persons suspected to have committed war crimes
in Cote d'Ivore, Burkina Faso, and Guinea. The President shall seek the
cooperation of other countries in blocking the assets of such
individuals.
SEC. 5 SENSE OF THE CONGRESS LAYING THE FOUNDATION FOR A DEMOCRATIC
LIBERIA.
It is the sense of the Congress that--
(1) The scheduled upcoming elections in Liberia should be
postponed until demobilization disarmament of all faction
leaders has occurred and a commitment to work with the
democratic process.
(2) The faction leaders should recommit themselves to the
Abuja Accords.
(3) The elections should be free and fair without violence
and interference and intimidation.
(4) The United States should provide technical assistance
to Liberia in the areas of good governance, formation of a
broad-based civilian led transitional government.
(5) The international community should assist and aid
Liberia to effectuate democratic reforms and institute
elections at the appropriate time. | Liberian Peace and Democracy Act - Declares that the governments of Cote d'Ivoire, Burkina Faso, and Guinea have, through the provision of assistance to Liberian factions, contributed to the violence in Liberia since the civil war erupted there in 1989. Imposes certain visa, economic, and defense export sanctions against such countries. Authorizes the President to waive such sanctions if such countries halt their assistance to Liberian factions, or such measures would not be in the U.S. national interest.
Urges the President to take certain measures to bring Liberian war criminals to justice. Directs the President to instruct all U.S. Government officials engaged in official contacts with the governments of Cote d'Ivoire, Burkina Faso, and Guinea to raise on a regular basis the issue of extraditing to the United States all persons in such countries sought by the Department of Justice for crimes committed in the United States.
Expresses the sense of the Congress with respect to the institution of democracy in Liberia. | {"src": "billsum_train", "title": "Liberian Peace and Democracy Act"} | 1,785 | 239 | 0.473562 | 1.458848 | 0.607323 | 3.022099 | 8.679558 | 0.867403 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Immediate Steps to Conserve Gasoline
Act''.
SEC. 2. FEDERAL CONSERVATION OF GASOLINE.
(a) Findings.--Congress finds that--
(1) each day, as Americans contend with rising gasoline
prices, personal stories reflect the ways in which Americans
are altering their family budgets, including food budgets, to
cope with record high gasoline costs;
(2) as a consequence of economic pressures, Americans are
taking initiatives to reduce consumption of gasoline, such as--
(A) driving less frequently;
(B) altering daily routines; and
(C) changing, or even cancelling, family vacation
plans;
(3) the conservation efforts being taken by Americans, on
their own initiative, bring hardships but save funds that can
be redirected--
(A) to meet essential family needs; and
(B) to relieve, to some extent, the demand for
gasoline;
(4) just as individuals are taking initiatives to reduce
gasoline consumption, the Federal Government, including
Congress, should take initiatives to conserve gasoline;
(5) such Government-wide initiatives to conserve gasoline
would send a signal to Americans that the Federal Government--
(A) recognizes the burdens imposed by unprecedented
gasoline costs; and
(B) will participate in activities to reduce
gasoline consumption;
(6) an overall reduction of gasoline consumption by the
Federal Government by even 3 percentage points would send a
strong signal that, as a nation, the United States is working
to conserve energy;
(7) in 2005, policies directed at reducing the usage of
energy in Federal agency and department buildings by 20 percent
by 2015, at a rate of a 2-percent reduction per calendar year,
were enacted by the President and Congress;
(8) in 2007, policies increasing the energy reduction goal
to 30 percent by 2015, at a rate of a 3-percent reduction per
calendar year, were enacted by the President and Congress; and
(9) Congress and the President should extend the precedent
of those mandatory conservation initiatives taken in 2005 and
2007 to usage by the Federal Government of gasoline.
(b) Reduction of Gasoline Usage by Federal Departments and
Agencies.--For fiscal year 2009, each Federal department and agency
shall develop and carry out initiatives to reduce by not less than 3
percent the annual consumption of gasoline by the department or agency.
(c) Congressional Conservation of Gasoline.--For fiscal year 2009,
Congress shall develop and carry out initiatives to reduce by not less
than 3 percent the annual consumption of gasoline by Congress.
SEC. 3. STUDIES AND REPORTS ON NATIONAL SPEED LIMIT AND FUTURE GASOLINE
CONSERVATION.
(a) National Speed Limit.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Administrator of the Energy
Information Administration shall conduct, and submit to
Congress a report describing the results of, a study of the
potential transportation fuel savings of imposing a national
speed limit on highways on the Interstate System of 60 miles
per hour.
(2) Inclusions.--The study under paragraph (1) shall
include--
(A) an examination of the fuel efficiency of
automobiles in use as of the date on which the study is
conducted;
(B) a description of the range at which those
automobiles are most fuel-efficient on highways on the
Interstate System;
(C) an analysis of actions carried out by the
Federal Government, with the full support of Congress,
during the 1973-1974 energy crisis, resulting in a
national speed limit on highways on the Interstate
System of 55 miles per hour, which remained in effect
until 1995;
(D) a recognition that in 1974, when fewer than
137,000,000 cars traveled in the United States (as
compared to 250,000,000 cars in 2006) and only 30
percent of United States oil was imported from foreign
sources (as compared to 60 percent of oil so imported
on the date of enactment of this Act), 167,000 barrels
of oil per day were saved by the imposition of a
national speed limit, such that greater savings are
possible on the date of enactment of this Act than the
savings realized in 1974; and
(E) a determination of whether a limitation on the
national speed limit on highways on the Interstate
System similar to the limitation described in
subparagraph (C) could serve as a model to generate
gasoline savings, through a national speed limit on
highways on the Interstate System of 60 miles per hour,
given the improved fuel efficiency of automobile
engines in use on the date of enactment of this Act.
(b) Future Gasoline Conservation.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Comptroller General of the United
States shall conduct, and submit to the Committees on Homeland
Security and Governmental Affairs, Environment and Public
Works, and Energy and Natural Resources of the Senate and the
Committees on House Administration, Transportation and
Infrastructure, and Energy and Commerce of the House of
Representatives a report describing the results of, a study to
determine whether additional gasoline reduction measures by
Federal departments and agencies and Congress are technically
feasible.
(2) Inclusion.--The report under paragraph (1) shall
include a proposed schedule of future gasoline reduction
measures, if the measures are determined to be technically
feasible. | Immediate Steps to Conserve Gasoline Act - Requires federal departments, agencies, and Congress, for FY2009, to develop and carry out initiatives to reduce their annual consumption of gasoline by at least 3%.
Requires the Administrator of the Energy Information Administration to study and report to Congress on the potential transportation fuel savings of imposing a national speed limit on highways on the Interstate System of 60 miles per hour.
Requires the Comptroller General of the United States to study and report to specified congressional committees on whether additional gasoline reduction measures by federal departments, agencies, and Congress are technically feasible. | {"src": "billsum_train", "title": "A bill to require Congress and Federal departments and agencies to reduce the annual consumption of gasoline of the Federal Government."} | 1,162 | 135 | 0.500084 | 1.276798 | 0.694304 | 4.169643 | 9.892857 | 0.9375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``New and Emerging Technologies 911
Improvement Act of 2008'' or the ``NET 911 Improvement Act of 2008''.
TITLE I--911 SERVICES AND IP-ENABLED VOICE SERVICE PROVIDERS
SEC. 101. DUTY TO PROVIDE 911 AND ENHANCED 911 SERVICE.
The Wireless Communications and Public Safety Act of 1999 is
amended--
(1) by redesignating section 6 (47 U.S.C. 615b) as section 7;
(2) by inserting after section 5 the following new section:
``SEC. 6. DUTY TO PROVIDE 9-1-1 AND ENHANCED 9-1-1 SERVICE.
``(a) Duties.--It shall be the duty of each IP-enabled voice
service provider to provide 9-1-1 service and enhanced 9-1-1 service to
its subscribers in accordance with the requirements of the Federal
Communications Commission, as in effect on the date of enactment of the
New and Emerging Technologies 911 Improvement Act of 2008 and as such
requirements may be modified by the Commission from time to time.
``(b) Parity for IP-Enabled Voice Service Providers.--An IP-enabled
voice service provider that seeks capabilities to provide 9-1-1 and
enhanced 9-1-1 service from an entity with ownership or control over
such capabilities, to comply with its obligations under subsection (a),
shall, for the exclusive purpose of complying with such obligations,
have a right of access to such capabilities, including interconnection,
to provide 9-1-1 and enhanced 9-1-1 service on the same rates, terms,
and conditions that are provided to a provider of commercial mobile
service (as such term is defined in section 332(d) of the
Communications Act of 1934 (47 U.S.C. 332(d))), subject to such
regulations as the Commission prescribes under subsection (c).
``(c) Regulations.--The Commission--
``(1) within 90 days after the date of enactment of the New and
Emerging Technologies 911 Improvement Act of 2008, shall issue
regulations implementing such Act, including regulations that--
``(A) ensure that IP-enabled voice service providers have
the ability to exercise their rights under subsection (b);
``(B) take into account any technical, network security, or
information privacy requirements that are specific to IP-
enabled voice services; and
``(C) provide, with respect to any capabilities that are
not required to be made available to a commercial mobile
service provider but that the Commission determines under
subparagraph (B) of this paragraph or paragraph (2) are
necessary for an IP-enabled voice service provider to comply
with its obligations under subsection (a), that such
capabilities shall be available at the same rates, terms, and
conditions as would apply if such capabilities were made
available to a commercial mobile service provider;
``(2) shall require IP-enabled voice service providers to which
the regulations apply to register with the Commission and to
establish a point of contact for public safety and government
officials relative to 9-1-1 and enhanced 9-1-1 service and access;
and
``(3) may modify such regulations from time to time, as
necessitated by changes in the market or technology, to ensure the
ability of an IP-enabled voice service provider to comply with its
obligations under subsection (a) and to exercise its rights under
subsection (b).
``(d) Delegation of Enforcement to State Commissions.--The
Commission may delegate authority to enforce the regulations issued
under subsection (c) to State commissions or other State or local
agencies or programs with jurisdiction over emergency communications.
Nothing in this section is intended to alter the authority of State
commissions or other State or local agencies with jurisdiction over
emergency communications, provided that the exercise of such authority
is not inconsistent with Federal law or Commission requirements.
``(e) Implementation.--
``(1) Limitation.--Nothing in this section shall be construed
to permit the Commission to issue regulations that require or
impose a specific technology or technological standard.
``(2) Enforcement.--The Commission shall enforce this section
as if this section was a part of the Communications Act of 1934.
For purposes of this section, any violations of this section, or
any regulations promulgated under this section, shall be considered
to be a violation of the Communications Act of 1934 or a regulation
promulgated under that Act, respectively.
``(f) State Authority Over Fees.--
``(1) Authority.--Nothing in this Act, the Communications Act
of 1934 (47 U.S.C. 151 et seq.), the New and Emerging Technologies
911 Improvement Act of 2008, or any Commission regulation or order
shall prevent the imposition and collection of a fee or charge
applicable to commercial mobile services or IP-enabled voice
services specifically designated by a State, political subdivision
thereof, Indian tribe, or village or regional corporation serving a
region established pursuant to the Alaska Native Claims Settlement
Act, as amended (85 Stat. 688) for the support or implementation of
9-1-1 or enhanced 9-1-1 services, provided that the fee or charge
is obligated or expended only in support of 9-1-1 and enhanced 9-1-
1 services, or enhancements of such services, as specified in the
provision of State or local law adopting the fee or charge. For
each class of subscribers to IP-enabled voice services, the fee or
charge may not exceed the amount of any such fee or charge
applicable to the same class of subscribers to telecommunications
services.
``(2) Fee accountability report.--To ensure efficiency,
transparency, and accountability in the collection and expenditure
of a fee or charge for the support or implementation of 9-1-1 or
enhanced 9-1-1 services, the Commission shall submit a report
within 1 year after the date of enactment of the New and Emerging
Technologies 911 Improvement Act of 2008, and annually thereafter,
to the Committee on Commerce, Science and Transportation of the
Senate and the Committee on Energy and Commerce of the House of
Representatives detailing the status in each State of the
collection and distribution of such fees or charges, and including
findings on the amount of revenues obligated or expended by each
State or political subdivision thereof for any purpose other than
the purpose for which any such fees or charges are specified.
``(g) Availability of PSAP Information.--The Commission may compile
a list of public safety answering point contact information, contact
information for providers of selective routers, testing procedures,
classes and types of services supported by public safety answering
points, and other information concerning 9-1-1 and enhanced 9-1-1
elements, for the purpose of assisting IP-enabled voice service
providers in complying with this section, and may make any portion of
such information available to telecommunications carriers, wireless
carriers, IP-enabled voice service providers, other emergency service
providers, or the vendors to or agents of any such carriers or
providers, if such availability would improve public safety.
``(h) Development of standards.--The Commission shall work
cooperatively with public safety organizations, industry participants,
and the E-911 Implementation Coordination Office to develop best
practices that promote consistency, where appropriate, including
procedures for--
``(1) defining geographic coverage areas for public safety
answering points;
``(2) defining network diversity requirements for delivery of
IP-enabled 9-1-1 and enhanced 9-1-1 calls;
``(3) call-handling in the event of call overflow or network
outages;
``(4) public safety answering point certification and testing
requirements;
``(5) validation procedures for inputting and updating location
information in relevant databases; and
``(6) the format for delivering address information to public
safety answering points.
``(i) Rule of Construction.--Nothing in the New and Emerging
Technologies 911 Improvement Act of 2008 shall be construed as
altering, delaying, or otherwise limiting the ability of the Commission
to enforce the Federal actions taken or rules adopted obligating an IP-
enabled voice service provider to provide 9-1-1 or enhanced 9-1-1
service as of the date of enactment of the New and Emerging
Technologies 911 Improvement Act of 2008.''; and
(3) in section 7 (as redesignated by paragraph (1) of this
section) by adding at the end the following new paragraph:
``(8) IP-enabled voice service.--The term `IP-enabled voice
service' has the meaning given the term `interconnected VoIP
service' by section 9.3 of the Federal Communications Commission's
regulations (47 CFR 9.3).''.
SEC. 102. MIGRATION TO IP-ENABLED EMERGENCY NETWORK.
Section 158 of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 942) is amended--
(1) in subsection (b)(1), by inserting before the period at the
end the following: ``and for migration to an IP-enabled emergency
network'';
(2) by redesignating subsections (d) and (e) as subsections (e)
and (f), respectively; and
(3) by inserting after subsection (c) the following new
subsection:
``(d) Migration Plan Required.--
``(1) National plan required.--No more than 270 days after the
date of enactment of the New and Emerging Technologies 911
Improvement Act of 2008, the Office shall develop and report to
Congress on a national plan for migrating to a national IP-enabled
emergency network capable of receiving and responding to all
citizen-activated emergency communications and improving
information sharing among all emergency response entities.
``(2) Contents of plan.--The plan required by paragraph (1)
shall--
``(A) outline the potential benefits of such a migration;
``(B) identify barriers that must be overcome and funding
mechanisms to address those barriers;
``(C) provide specific mechanisms for ensuring the IP-
enabled emergency network is available in every community and
is coordinated on a local, regional, and statewide basis;
``(D) identify location technology for nomadic devices and
for office buildings and multi-dwelling units;
``(E) include a proposed timetable, an outline of costs,
and potential savings;
``(F) provide specific legislative language, if necessary,
for achieving the plan;
``(G) provide recommendations on any legislative changes,
including updating definitions, that are necessary to
facilitate a national IP-enabled emergency network;
``(H) assess, collect, and analyze the experiences of the
public safety answering points and related public safety
authorities who are conducting trial deployments of IP-enabled
emergency networks as of the date of enactment of the New and
Emerging Technologies 911 Improvement Act of 2008;
``(I) identify solutions for providing 9-1-1 and enhanced
9-1-1 access to those with disabilities and needed steps to
implement such solutions, including a recommended timeline; and
``(J) analyze efforts to provide automatic location for
enhanced 9-1-1 services and provide recommendations on
regulatory or legislative changes that are necessary to achieve
automatic location for enhanced 9-1-1 services.
``(3) Consultation.--In developing the plan required by
paragraph (1), the Office shall consult with representatives of the
public safety community, groups representing those with
disabilities, technology and telecommunications providers, IP-
enabled voice service providers, Telecommunications Relay Service
providers, and other emergency communications providers and others
it deems appropriate.''.
TITLE II--PARITY OF PROTECTION
SEC. 201. LIABILITY.
(a) Amendments.--Section 4 of the Wireless Communications and
Public Safety Act of 1999 (47 U.S.C. 615a) is amended--
(1) by striking ``parity of protection for provision or use of
wireless service.'' in the section heading and inserting ``service
provider parity of protection.'';
(2) in subsection (a)--
(A) by striking ``wireless carrier,'' and inserting
``wireless carrier, IP-enabled voice service provider, or other
emergency communications provider,'';
(B) by striking ``its officers'' the first place it appears
and inserting ``their officers'';
(C) by striking ``emergency calls or emergency services''
and inserting ``emergency calls, emergency services, or other
emergency communications services'';
(3) in subsection (b)--
(A) by striking ``using wireless 9-1-1 service shall'' and
inserting ``using wireless 9-1-1 service, or making 9-1-1
communications via IP-enabled voice service or other emergency
communications service, shall''; and
(B) by striking ``that is not wireless'' and inserting
``that is not via wireless 9-1-1 service, IP-enabled voice
service, or other emergency communications service''; and
(4) in subsection (c)--
(A) by striking ``wireless 9-1-1 communications, a PSAP''
and inserting ``9-1-1 communications via wireless 9-1-1
service, IP-enabled voice service, or other emergency
communications service, a PSAP''; and
(B) by striking ``that are not wireless'' and inserting
``that are not via wireless 9-1-1 service, IP-enabled voice
service, or other emergency communications service''.
(b) Definition.--Section 7 of the Wireless Communications and
Public Safety Act of 1999 (as redesignated by section 101(1) of this
Act) is further amended by adding at the end the following new
paragraphs:
``(8) Other emergency communications service.--The term `other
emergency communications service' means the provision of emergency
information to a public safety answering point via wire or radio
communications, and may include 9-1-1 and enhanced 9-1-1 service.
``(9) Other emergency communications service provider.--The
term `other emergency communications service provider' means--
``(A) an entity other than a local exchange carrier,
wireless carrier, or an IP-enabled voice service provider that
is required by the Federal Communications Commission consistent
with the Commission's authority under the Communications Act of
1934 to provide other emergency communications services; or
``(B) in the absence of a Commission requirement as
described in subparagraph (A), an entity that voluntarily
elects to provide other emergency communications services and
is specifically authorized by the appropriate local or State 9-
1-1 service governing authority to provide other emergency
communications services.
``(10) Enhanced 9-1-1 service.--The term `enhanced 9-1-1
service' means the delivery of 9-1-1 calls with automatic number
identification and automatic location identification, or successor
or equivalent information features over the wireline E911 network
(as defined in section 9.3 of the Federal Communications
Commission's regulations (47 C.F.R. 9.3) as of the date of
enactment of the New and Emerging Technologies 911 Improvement Act
of 2008) and equivalent or successor networks and technologies. The
term also includes any enhanced 9-1-1 service so designated by the
Commission in its Report and Order in WC Docket Nos. 04-36 and 05-
196, or any successor proceeding.''.
TITLE III--AUTHORITY TO PROVIDE CUSTOMER INFORMATION FOR 911 PURPOSES
SEC. 301. AUTHORITY TO PROVIDE CUSTOMER INFORMATION.
Section 222 of the Communications Act of 1934 (47 U.S.C. 222) is
amended--
(1) by inserting ``or the user of an IP-enabled voice service
(as such term is defined in section 7 of the Wireless
Communications and Public Safety Act of 1999 (47 U.S.C. 615b))''
after ``section 332(d))'' each place it appears in subsections
(d)(4) and (f)(1);
(2) by striking ``Wireless'' in the heading of subsection (f);
and
(3) in subsection (g), by inserting ``or a provider of IP-
enabled voice service (as such term is defined in section 7 of the
Wireless Communications and Public Safety Act of 1999 (47 U.S.C.
615b))'' after ``telephone exchange service''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | New and Emerging Technologies 911 Improvement Act of 2008 or the NET 911 Improvement Act of 2008 - Title I: Services and IP-Enabled Voice Service Providers - (Sec. 101) Amends the IP-Enabled Voice Communications and Public Safety Act of 1999 to require IP-enabled voice service providers to provide 9-1-1 service, including enhanced 9-1-1 service, to their subscribers. Grants such providers, in meeting that requirement, the same rights, including rights of interconnection, on the same rates, terms, and conditions, as are provided to a provider of commercial mobile service.
Allows a state or tribal fee for 9-1-1 or enhanced 9-1-1 services, provided it is used only for such services or related enhancements and provided that, for each class of IP-enabled voice services subscribers, the fee does not exceed the fee for the same class of subscribers to telecommunications services. Requires an annual report to the Committee on Commerce, Science and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives detailing the status in each state of the collection and distribution of such fees.
Authorizes the Federal Communications Commission (FCC) to compile a list of public safety answering point (PSAP) contact information and other information concerning 911 elements to assist IP-enabled voice service providers in complying with requirements imposed by this Act, and to make any portion of the information available to telecommunications carriers, wireless carriers, IP-enabled voice service providers, or other emergency service providers to improve public safety.
Requires the FCC to work cooperatively with public safety organizations, industry participants, and the E-911 Implementation Coordination Office to develop best practices that promote consistency, where appropriate, including procedures for defining PSAP geographic coverage areas, defining network diversity requirements for delivery of IP-enabled 9-1-1 and enhanced 9-1-1 calls, call-handling in the event of call overflow or network outages, PSAP certification and testing requirements, database validation, and the format for delivering address information to PSAPs.
(Sec. 102) Amends the National Telecommunications and Information Administration Organization Act to require grants for migration to an IP-enabled emergency network. Requires the E-911 Implementation Coordination Office to develop a national plan for migrating to a national IP-enabled emergency network.
Title II: Parity of Protection - (Sec. 201) Amends the Wireless Communications and Public Safety Act of 1999 to require, for IP-enabled voice service carriers, IP-enabled voice users of 911 communications, and public safety answering points (facilities designated to receive 911 calls and route them to emergency personnel) (PSAPs), parity in liability protection with local exchange companies, non-wireless 911 service users, and non-wireless PSAPs, respectively.
Title III: Authority to Provide Customer Information for 911 Purposes - (Sec. 301) Amends the Communications Act of 1934 to authorize a telecommunications carrier to use, disclose, or permit access to call location information in emergencies. Requires IP-enabled voice service providers to provide subscriber list information to emergency service providers. | {"src": "billsum_train", "title": "A bill to promote and enhance public safety by facilitating the rapid deployment of IP-enabled 911 and E-911 services, encourage the Nation's transition to a national IP-enabled emergency network, and improve 911 and E-911 access to those with disabilities."} | 3,569 | 710 | 0.658105 | 2.181463 | 0.763638 | 5.22093 | 5.664452 | 0.935216 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Asthma Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Despite improved therapies, the prevalence rate of
asthma continues to rise, affecting an estimated 14.6 million
Americans; 4.4 million under the age of 18. Since 1982, the
prevalence of pediatric asthma has risen 76 percent. Rates are
increasing for all ethnic groups and especially for African
American and Hispanic children.
(2) Asthma is the third leading cause of preventable
hospitalizations. Improper diagnosis and poor management of
asthma resulted in 1.6 million people being treated for asthma
attacks in the emergency room in 1995.
(3) Asthma can be life-threatening if not properly managed.
Most asthma-related deaths are preventable, yet such deaths
continue to rise in the U.S. In 1996, 5,667 individuals died as
a result of an asthma attack, nearly double the number of
deaths in 1980.
(4) The costs of asthma to the U.S. was over $6 billion in
1990, and the rise in asthma prevalence will lead to higher
costs in the future.
(5) With early recognition of the signs and symptoms of
asthma, proper diagnosis and treatment, and patient education
and self-management, asthma is a controllable disease.
(6) Public health interventions have been proven effective
in the treatment and management of asthma. Population-based
research supported by the National Institutes of Health (NIH)
has effectively demonstrated the benefits of combining
aggressive medical treatment with patient education to improve
the management of asthma. The National Asthma Education and
Prevention Program (NAEPP) helps raise awareness that asthma is
a serious chronic disease, and helps promote more effective
management of asthma through patient and professional
education.
(7) The alarming rise in prevalence, asthma-related deaths,
and expenditures demonstrate that, despite extensive knowledge
on effective asthma management strategies, current federal
policy and funding regarding the education, treatment, and
management of asthma is inadequate.
(8) Additional federal direction, funding, and support is
necessary to increase awareness of asthma as a chronic illness,
its symptoms, and the environmental factors (indoor and
outdoor) that affect the disease, as well as to promote
education programs that teach patients how to better manage
asthma.
SEC. 3. PROVISIONS REGARDING NATIONAL ASTHMA EDUCATION AND PREVENTION
PROGRAM OF NATIONAL HEART, LUNG, AND BLOOD INSTITUTE.
(a) Additional Funding; Expansion of Program.--In addition to any
other authorization of appropriations that is available to the National
Heart, Lung, and Blood Institute for the purpose of carrying out the
National Asthma Education and Prevention Program, there is authorized
to be appropriated to such Institute for such purpose $4,100,000 for
each of the fiscal years 2000 through 2004. Amounts appropriated under
the preceding sentence shall be expended to expand such Program.
(b) Coordinating Committee.--
(1) Report to congress.--With respect to the coordinating
committee established for the National Asthma Education and
Prevention Program of the National Heart, Lung, and Blood
Institute, such committee shall submit to the Congress a report
that--
(A) contains a determination by the committee of
the scope of the problem of asthma in the United
States;
(B) identifies all Federal programs that carry out
asthma-related activities; and
(C) contains the recommendations of the committee
for strengthening and better coordinating the asthma-
related activities of the Federal Government.
(2) Inclusion of representative of department of
education.--The Secretary of Education or a designee of the
Secretary shall be included in the membership of the
coordinating committee referred to in paragraph (1).
SEC. 4. ASTHMA-RELATED ACTIVITIES OF CENTERS FOR DISEASE CONTROL AND
PREVENTION.
(a) Expansion of Public Health Surveillance Activities; Program for
Providing Information and Education to Public.--The Secretary of Health
and Human Services, acting through the Director of the Centers for
Disease Control and Prevention, shall collaborate with the States to
expand the scope of--
(1) activities that are carried out to determine the
incidence and prevalence of asthma; and
(2) activities that are carried out to prevent the health
consequences of asthma, including through the provision of
information and education to the public regarding asthma, which
may include the use of public service announcements through the
media and such other means as such Director determines to be
appropriate.
(b) Compilation of Data.--The Secretary of Health and Human
Services, acting through the Director of the Centers for Disease
Control and Prevention and in consultation with the National Asthma
Education Prevention Program Coordinating Committee, shall--
(1) conduct local asthma surveillance activities to collect
data on the prevalence and severity of asthma and the quality
of asthma management, including--
(A) telephone surveys to collect sample household
data on the local burden of asthma; and
(B) health care facility specific surveillance to
collect asthma data on the prevalence and severity of
asthma, and on the quality of asthma care; and
(2) compile and annually publish data on--
(A) the prevalence of children suffering from
asthma in each State; and
(B) the childhood mortality rate associated with
asthma nationally and in each State.
(c) Additional Funding.--In addition to any other authorization of
appropriations that is available to the Centers for Disease Control and
Prevention for the purpose of carrying out this section, there is
authorized to be appropriated to such Centers for such purpose
$8,200,000 for each of the fiscal years 2000 through 2004.
SEC. 5. GRANTS FOR COMMUNITY OUTREACH REGARDING ASTHMA INFORMATION,
EDUCATION, AND SERVICES.
(a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') may make grants to
nonprofit private entities for projects to carry out, in communities
identified by entities applying for the grants, outreach activities to
provide for residents of the communities the following:
(1) Information and education on asthma.
(2) Referrals to health programs of public and nonprofit
private entities that provide asthma-related services,
including such services for low-income individuals. The grant
may be expended to make arrangements to coordinate the
activities of such entities in order to establish and operate
networks or consortia regarding such referrals.
(b) Preferences in Making Grants.--In making grants under
subsection (a), the Secretary shall give preference to applicants that
will carry out projects under such subsection in communities that are
disproportionately affected by asthma or underserved with respect to
the activities described in such subsection and in which a significant
number of low-income individuals reside.
(c) Evaluations.--A condition for a grant under subsection (a) is
that the applicant for the grant agree to provide for the evaluation of
the projects carried out under such subsection by the applicant to
determine the extent to which the projects have been effective in
carrying out the activities referred to in such subsection.
(d) Funding.--For the purpose of carrying out this section, there
is authorized to be appropriated $4,100,000 for each of the fiscal
years 2000 through 2004.
SEC. 6. ACTION PLANS OF STATES REGARDING ASTHMA; FINANCIAL INCENTIVES
REGARDING CHILDREN'S HEALTH INSURANCE PROGRAM.
(a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') shall in accordance with
subsection (b) carry out a program to encourage the States to implement
plans to carry out activities to assist children with respect to asthma
in accordance with guidelines of the National Heart, Lung, and Blood
Institute.
(b) Relation to Children's Health Insurance Program.--
(1) In general.--Subject to paragraph (2), if a State plan
under title XXI of the Social Security Act provides for
activities described in subsection (a) to an extent
satisfactory to the Secretary, the Secretary shall, with
amounts appropriated under subsection (c), make a grant to the
State involved to assist the State in carrying out such
activities.
(2) Requirement of matching funds.--
(A) In general.--With respect to the costs of the
activities to be carried out by a State pursuant to
paragraph (1), the Secretary may make a grant under
such paragraph only if the State agrees to make
available (directly or through donations from public or
private entities) non-Federal contributions toward such
costs in an amount that is not less than 50 percent of
the costs ($1 for each $1 of Federal funds provided in
the grant).
(B) Determination of amount contributed.--Non-
Federal contributions required in subparagraph (A) may
be in cash or in kind, fairly evaluated, including
plant, equipment, or services. Amounts provided by the
Federal Government, or services assisted or subsidized
to any significant extent by the Federal Government,
may not be included in determining the amount of such
non-Federal contributions.
(3) Criteria regarding eligibility for grant.--The
Secretary shall publish in the Federal Register criteria
describing the circumstances in which the Secretary will
consider a State plan to be satisfactory for purposes of
paragraph (1).
(4) Technical assistance.--With respect to State plans
under title XXI of the Social Security Act, the Secretary,
acting through the Director of the Centers for Disease Control
and Prevention, shall make available to the States technical
assistance in developing the provisions of such plans that will
provide for activities pursuant to paragraph (1).
(c) Funding.--For the purpose of carrying out this section, there
is authorized to be appropriated $4,100,000 for each of the fiscal
years 2000 through 2004.
SEC. 7. ACTION PLANS OF LOCAL EDUCATIONAL AGENCIES REGARDING ASTHMA.
(a) In General.--
(1) School-based asthma activities.--The Secretary of
Education (in this section referred to as the ``Secretary''),
in consultation with the Director of the Centers for Disease
Control and Prevention and the Director of the National
Institutes of Health, may make grants to local educational
agencies for programs to carry out at elementary and secondary
schools specified in paragraph (2) asthma-related activities
for children who attend such schools.
(2) Eligible schools.--The elementary and secondary schools
referred to in paragraph (1) are such schools that are located
in communities with a significant number of low-income or
underserved individuals (as defined by the Secretary).
(b) Development of Programs.--Programs under subsection (a) shall
include grants under which local education agencies and State public
health officials collaborate to develop programs to improve the
management of asthma in school settings.
(c) Certain Guidelines.--Programs under subsection (a) shall be
carried out in accordance with applicable guidelines or other
recommendations of the National Institutes of Health (including the
National Heart, Lung, and Blood Institute) and the Environmental
Protection Agency.
(d) Certain Activities.--Activities that may be carried out in
programs under subsection (a) include the following:
(1) Identifying and working directly with local hospitals,
community clinics, advocacy organizations, parent-teacher
associations, and asthma coalitions.
(2) Identifying asthmatic children and training them and
their families in asthma self-management.
(3) Purchasing asthma equipment.
(4) Hiring school nurses.
(5) Training teachers, nurses, coaches, and other school
personnel in asthma-symptom recognition and emergency
responses.
(6) Simplifying procedures to improve students' safe access
to their asthma medications.
(7) Such other asthma-related activities as the Secretary
determines to be appropriate.
(e) Definitions.--For purposes of this section, the terms
``elementary school'', ``local educational agency'', and ``secondary
school'' have the meanings given such terms in the Elementary and
Secondary Education Act of 1965.
(f) Funding.--For the purpose of carrying out this section, there
is authorized to be appropriated $4,100,000 for each of the fiscal
years 2000 through 2004.
SEC. 8. SENSE OF CONGRESS REGARDING HOSPITALS AND MANAGED CARE PLANS.
It is the sense of the Congress that--
(1) hospitals should be encouraged to offer asthma-related
education and training to asthma patients and their families
upon discharge from the hospital of such patients;
(2) hospitals should, with respect to information on
asthma, establish telephone services for patients and
communicate with providers of primary health services; and
(3) managed care organizations should--
(A) be encouraged to disseminate to health care
providers asthma clinical practice guidelines developed
or endorsed by the Public Health Service;
(B) collect and maintain asthma data; and
(C) offer asthma-related education and training to
asthma patients and their families.
SEC. 9. SENSE OF CONGRESS REGARDING IMPLEMENTATION OF ACT.
It is the sense of the Congress that all Federal, State, and local
asthma-related activities should--
(1) promote the guidelines and other recommendations of the
Public Health Service on asthma diagnosis and management; and
(2) be designed in consultation with national and local
organizations representing the medical, educational, and
environmental communities, as well as advocates that represent
those affected by asthma. | Asthma Act - Authorizes appropriations to the National Heart, Lung, and Blood Institute for FY 2000 through 2004 to expand the National Asthma Education and Prevention Program. Directs the coordinating committee for such Program to report to Congress: (1) a determination of the scope of asthma problems in the United States; (2) an identification of all Federal programs that carry out asthma-related activities; and (3) recommendations for strengthening and better coordinating Federal asthma-related activities.
Directs the Secretary of Health and Human Services to collaborate with the States to expand the scope of activities: (1) for determining the incidence and prevalence of asthma; and (2) carried out to prevent its health consequences. Directs the Secretary to conduct local asthma surveillance activities to collect data on the prevalence and severity of asthma and the quality of asthma management. Authorizes appropriations to the Centers for Disease Control and Prevention for such activities.
Authorizes the Secretary to make grants to nonprofit private entities to carry out outreach activities in applicant communities which provide: (1) information and education on asthma; and (2) referrals to health programs of public and private nonprofit entities that provide asthma-related services, including services for low- income individuals. Gives grant priorities to communities disproportionately affected by asthma or underserved by such health programs and in which a significant number of low-income individuals reside. Authorizes appropriations for the grant program.
Directs the Secretary to encourage the States to carry out activities to assist children with respect to asthma, in accordance with Institute guidelines. Authorizes the Secretary to make grants for such purpose to those States with a State plan under title XXI (Children's Health Insurance) of the Social Security Act which provides for such activities, with a matching funds requirement of 50 percent of the Federal funds provided. Directs the Secretary to provide technical assistance to States to develop plans that will provide for such activities. Authorizes appropriations.
Authorizes the Secretary of Education to make grants to local educational agencies to carry out, in communities with a significant number of low-income or underserved individuals, a program in elementary and secondary schools of such communities for conducting asthma-related activities for children who attend such schools. Authorizes appropriations.
Expresses the sense of Congress that hospitals and managed care plans should undertake certain efforts to increase asthma-related education and training, asthma information and data, and asthma clinical practice guidelines.
Expresses the sense of Congress that all Federal, State, and local asthma-related activities should: (1) promote the guidelines and other recommendations of the Public Health Service on asthma diagnosis and management; and (2) be designed in consultation with national and local organizations representing the medical, educational, and environmental communities, as well as advocates representing those affected by asthma. | {"src": "billsum_train", "title": "Asthma Act"} | 2,890 | 583 | 0.551163 | 1.750565 | 0.684882 | 4.409594 | 4.987085 | 0.940959 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``NRC Fairness in
Funding Act of 2000''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--FUNDING
Sec. 101. Nuclear Regulatory Commission annual charges.
Sec. 102. Nuclear Regulatory Commission authority over former licensees
for decommissioning funding.
Sec. 103. Cost recovery from Government agencies.
TITLE II--OTHER PROVISIONS
Sec. 201. Office location.
Sec. 202. License period.
Sec. 203. Elimination of NRC antitrust reviews.
Sec. 204. Gift acceptance authority.
Sec. 205. Carrying of firearms by licensee employees.
Sec. 206. Unauthorized introduction of dangerous weapons.
Sec. 207. Sabotage of nuclear facilities or fuel.
TITLE I--FUNDING
SEC. 101. NUCLEAR REGULATORY COMMISSION ANNUAL CHARGES.
Section 6101 of the Omnibus Budget Reconciliation Act of 1990 (42
U.S.C. 2214) is amended--
(1) in subsection (a)(3), by striking ``September 30,
1999'' and inserting ``September 20, 2005''; and
(2) in subsection (c)--
(A) in paragraph (1), by inserting ``or certificate
holder'' after ``licensee''; and
(B) by striking paragraph (2) and inserting the
following:
``(2) Aggregate amount of charges.--
``(A) In general.--The aggregate amount of the
annual charges collected from all licensees and
certificate holders in a fiscal year shall equal an
amount that approximates the percentages of the budget
authority of the Commission for the fiscal year stated
in subparagraph (B), less--
``(i) amounts collected under subsection
(b) during the fiscal year; and
``(ii) amounts appropriated to the
Commission from the Nuclear Waste Fund for the
fiscal year.
``(B) Percentages.--The percentages referred to in
subparagraph (A) are--
``(i) 98 percent for fiscal year 2001;
``(ii) 96 percent for fiscal year 2002;
``(iii) 94 percent for fiscal year 2003;
``(iv) 92 percent for fiscal year 2004; and
``(v) 88 percent for fiscal year 2005.''.
SEC. 102. NUCLEAR REGULATORY COMMISSION AUTHORITY OVER FORMER LICENSEES
FOR DECOMMISSIONING FUNDING.
Section 161i. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(i))
is amended--
(1) by striking ``and (3)'' and inserting ``(3)''; and
(2) by inserting before the semicolon at the end the
following: ``, and (4) to ensure that sufficient funds will be
available for the decommissioning of any production or
utilization facility licensed under section 103 or 104b.,
including standards and restrictions governing the control,
maintenance, use, and disbursement by any former licensee under
this Act that has control over any fund for the decommissioning
of the facility''.
SEC. 103. COST RECOVERY FROM GOVERNMENT AGENCIES.
Section 161w. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(w))
is amended--
(1) by striking ``, or which operates any facility
regulated or certified under section 1701 or 1702,'';
(2) by striking ``483a'' and inserting ``9701''; and
(3) by inserting before the period at the end the
following: ``, and, commencing October 1, 2000, prescribe and
collect from any other Government agency any fee, charge, or
price that the Commission may require in accordance with
section 9701 of title 31, United States Code, or any other
law''.
TITLE II--OTHER PROVISIONS
SEC. 201. OFFICE LOCATION.
Section 23 of the Atomic Energy Act of 1954 (42 U.S.C. 2033) is
amended by striking ``; however, the Commission shall maintain an
office for the service of process and papers within the District of
Columbia''.
SEC. 202. LICENSE PERIOD.
Section 103c. of the Atomic Energy Act of 1954 (42 U.S.C. 2133(c))
is amended--
(1) by striking ``c. Each such'' and inserting the
following:
``c. License Period.--
``(1) In general.--Each such''; and
(2) by adding at the end the following:
``(2) Combined licenses.--In the case of a combined
construction and operating license issued under section 185(b),
the initial duration of the license may not exceed 40 years
from the date on which the Commission finds, before operation
of the facility, that the acceptance criteria required by
section 185(b) are met.''.
SEC. 203. ELIMINATION OF NRC ANTITRUST REVIEWS.
Section 105 of the Atomic Energy Act of 1954 (42 U.S.C. 2135) is
amended by adding at the end the following:
``(d) Applicability.--Subsection (c) shall not apply to an
application for a license to construct or operate a utilization
facility under section 103 or 104(b) that is pending on or that is
filed on or after the date of enactment of this subsection.''.
SEC. 204. GIFT ACCEPTANCE AUTHORITY.
(a) In General.--Section 161g. of the Atomic Energy Act of 1954 (42
U.S.C. 2201(g)) is amended--
(1) by inserting ``(1)'' after ``(g)'';
(2) by striking ``this Act;'' and inserting ``this Act;
or''; and
(3) by adding at the end the following:
``(2) accept, hold, utilize, and administer gifts of real
and personal property (not including money) for the purpose of
aiding or facilitating the work of the Nuclear Regulatory
Commission.''.
(b) Criteria for Acceptance of Gifts.--
(1) In general.--Chapter 14 of title I of the Atomic Energy
Act of 1954 (42 U.S.C. 2201 et seq.) is amended by adding at
the end the following:
``SEC. 170C. CRITERIA FOR ACCEPTANCE OF GIFTS.
``(a) In General.--The Commission shall establish written criteria
for determining whether to accept gifts under section 161g.(2).
``(b) Considerations.--The criteria under subsection (a) shall take
into consideration whether the acceptance of the gift would compromise
the integrity of, or the appearance of the integrity of, the Commission
or any officer or employee of the Commission.''.
(2) Conforming and technical amendments.--The table of
contents of chapter 14 of title I of the Atomic Energy Act of
1954 (42 U.S.C. prec. 2011) is amended by adding at the end the
following:
``Sec. 170C. Criteria for acceptance of gifts.''.
SEC. 205. CARRYING OF FIREARMS BY LICENSEE EMPLOYEES.
(a) In General.--Chapter 14 of title I of the Atomic Energy Act of
1954 (42 U.S.C. 2201 et seq.) (as amended by section 204(b)) is
amended--
(1) in section 161, by striking subsection k. and inserting
the following:
``(k) authorize to carry a firearm in the performance of official
duties such of its members, officers, and employees, such of the
employees of its contractors and subcontractors (at any tier) engaged
in the protection of property under the jurisdiction of the United
States located at facilities owned by or contracted to the United
States or being transported to or from such facilities, and such of the
employees of persons licensed or certified by the Commission (including
employees of contractors of licensees or certificate holders) engaged
in the protection of facilities owned or operated by a Commission
licensee or certificate holder that are designated by the Commission or
in the protection of property of significance to the common defense and
security located at facilities owned or operated by a Commission
licensee or certificate holder or being transported to or from such
facilities, as the Commission considers necessary in the interest of
the common defense and security;'' and
(2) by adding at the end the following:
``SEC. 170D. CARRYING OF FIREARMS.
``(a) Authority To Make Arrest.--
``(1) In general.--A person authorized under section 161k.
to carry a firearm may, while in the performance of, and in
connection with, official duties, arrest an individual without
a warrant for any offense against the United States committed
in the presence of the person or for any felony under the laws
of the United States if the person has a reasonable ground to
believe that the individual has committed or is committing such
a felony.
``(2) Limitation.--An employee of a contractor or
subcontractor or of a Commission licensee or certificate holder
(or a contractor of a licensee or certificate holder)
authorized to make an arrest under paragraph (1) may make an
arrest only--
``(A) when the individual is within, or is in
flight directly from, the area in which the offense was
committed; and
``(B) in the enforcement of--
``(i) a law regarding the property of the
United States in the custody of the Department
of Energy, the Nuclear Regulatory Commission,
or a contractor of the Department of Energy or
Nuclear Regulatory Commission or a licensee or
certificate holder of the Commission;
``(ii) a law applicable to facilities owned
or operated by a Commission licensee or
certificate holder that are designated by the
Commission under section 161k.;
``(iii) a law applicable to property of
significance to the common defense and security
that is in the custody of a licensee or
certificate holder or a contractor of a
licensee or certificate holder of the
Commission; or
``(iv) any provision of this Act that
subjects an offender to a fine, imprisonment,
or both.
``(3) Other authority.--The arrest authority conferred by
this section is in addition to any arrest authority under other
law.
``(4) Guidelines.--The Secretary and the Commission, with
the approval of the Attorney General, shall issue guidelines to
implement section 161k. and this subsection.''.
(b) Conforming and Technical Amendments.--The table of contents of
chapter 14 of title I of the Atomic Energy Act of 1954 (42 U.S.C. prec.
2011) (as amended by section 204(b)(2)) is amended by adding at the end
the following:
``Sec. 170D. Carrying of firearms.''.
SEC. 206. UNAUTHORIZED INTRODUCTION OF DANGEROUS WEAPONS.
Section 229a. of the Atomic Energy Act of 1954 (42 U.S.C. 2278a(a))
is amended in the first sentence by inserting ``or subject to the
licensing authority of the Commission or to certification by the
Commission under this Act or any other Act'' before the period at the
end.
SEC. 207. SABOTAGE OF NUCLEAR FACILITIES OR FUEL.
Section 236a. of the Atomic Energy Act of 1954 (42 U.S.C. 2284(a))
is amended--
(1) in paragraph (2), by striking ``storage facility'' and
inserting ``storage, treatment, or disposal facility'';
(2) in paragraph (3)--
(A) by striking ``such a utilization facility'' and
inserting ``a utilization facility licensed under this
Act''; and
(B) by striking ``or'' at the end;
(3) in paragraph (4)--
(A) by striking ``facility licensed'' and inserting
``or nuclear fuel fabrication facility licensed or
certified''; and
(B) by striking the period at the end and inserting
``; or''; and
(4) by adding at the end the following:
``(5) any production, utilization, waste storage, waste
treatment, waste disposal, uranium enrichment, or nuclear fuel
fabrication facility subject to licensing or certification
under this Act during construction of the facility, if the
person knows or reasonably should know that there is a
significant possibility that the destruction or damage caused
or attempted to be caused could adversely affect public health
and safety during the operation of the facility.''.
Passed the Senate April 13, 2000.
Attest:
Secretary.
106th CONGRESS
2d Session
S. 1627
_______________________________________________________________________
AN ACT
To extend the authority of the Nuclear Regulatory Commission to collect
fees through 2005, and for other purposes. | (Sec. 101) Reformulates the aggregate annual charges collected from all licensees and certificate holders.
(Sec. 102) Amends the Atomic Energy Act of 1954 to authorize the NRC to prescribe regulations to ensure that sufficient funds will be available for the decommissioning of certain licensed production or utilization facilities, including standards and restrictions governing the control, maintenance, use, and disbursement by any former licensee that has control over any fund for the decommissioning of the facility.
(Sec. 103) Authorizes the NRC, beginning in FY 2001, to assess and collect fees for full cost recovery from other Federal agencies in return for services rendered by the NRC (rather than recover these costs through the annual fees assessed to all NRC licensees).
Title II: Other Provisions
- Repeals the requirement that the NRC maintain an office for the service of process and papers within the District of Columbia.
(Sec. 202) Provides that the initial duration of a combined construction and operating license for a production or utilization facility may not exceed 40 years from the date on which the NRC finds, prior to facility operation, that specified statutory acceptance criteria have been met.
(Sec. 203) Declares certain antitrust review procedures inapplicable to pending or future license applications to construct or operate utilization facilities for either commercial or medical therapy and research and development purposes.
(Sec. 204) Authorizes the NRC to accept, hold, utilize, sell, and administer gifts, bequests, or donations of real and personal property (not including money) for the purpose of aiding or facilitating its work. Instructs the NRC to establish written criteria for gift acceptance, taking into consideration whether acceptance of the gift would compromise the integrity, or the appearance of the integrity of, the NRC or any officer or employee.
(Sec. 205) Prescribes guidelines for the carrying of firearms and the authority to make arrests by employees or contractors of NRC licensees or certificate holders for the protection of property of significance to the common defense and security located at facilities owned or operated by an NRC licensee or certificate holder or being transported to or from such facilities.
(Sec. 206) Authorizes the NRC to issue trespass regulations relating to the introduction of dangerous weapons, explosives, or other dangerous instruments or materials likely to produce substantial personal injury or damage to property subject to its licensing or certification authority.
(Sec. 207) Revises the crime of sabotage of Federal nuclear facilities to cover any production, utilization, waste storage, treatment, disposal, uranium enrichment, or nuclear fuel fabrication facility subject to licensing or certification under this Act during its construction where the person knows or reasonably should know that there is a significant possibility that the destruction or damage caused or attempted could affect public health and safety during facility operation. | {"src": "billsum_train", "title": "NRC Fairness in Funding Act of 2000"} | 2,997 | 627 | 0.582967 | 1.895463 | 0.648096 | 3.958955 | 4.936567 | 0.876866 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Splash and Dash Correction Act of
2008''.
SEC. 2. STATEMENT OF CONSTITUTIONAL AUTHORITY.
The Congress enacts this Act pursuant to clause 1 of section 8 of
Article I of the United States Constitution and Amendment XVI of the
United States Constitution.
SEC. 3. CLARIFICATION OF ELIGIBILITY FOR CERTAIN FUELS CREDITS FOR FUEL
WITH INSUFFICIENT NEXUS TO THE UNITED STATES.
(a) In General.--
(1) Alcohol credit.--Subsection (d) of section 40 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(6) Limitation to alcohol with connection to the united
states.--
``(A) Alcohol credit.--No alcohol credit shall be
determined under this section with respect to any
alcohol unless such alcohol is produced in the United
States for consumption in the United States or entered
into the United States for consumption in the United
States.
``(B) Alcohol mixture credit.--No alcohol mixture
credit shall be determined under this section with
respect to any mixture unless such mixture is produced
in the United States for consumption in the United
States or entered into the United States for
consumption in the United States.
``(C) No credits for alcohol destined for export.--
No credit (other than the small ethanol producer
credit) shall be determined under this section with
respect to any mixture or alcohol if such mixture or
alcohol is destined for export from the United States
(as determined by the Secretary).''.
(2) Biodiesel credit.--Subsection (d) of section 40A of
such Code is amended by adding at the end the following new
paragraph:
``(5) Limitation to biodiesel with connection to the united
states.--
``(A) Biodiesel credit.--No biodiesel credit shall
be determined under this section with respect to any
biodiesel unless such biodiesel is produced in the
United States for consumption in the United States or
is entered into the United States for consumption in
the United States.
``(B) Biodiesel mixture credit.--No biodiesel
mixture credit shall be determined under this section
with respect to any mixture unless such mixture is
produced in the United States for consumption in the
United States or is entered into the United States for
consumption in the United States.
``(C) No credits for biodiesel destined for
export.--No credit (other than the small agri-biodiesel
producer credit) shall be determined under this section
with respect to any mixture or biodiesel if such
mixture or biodiesel is destined for export from the
United States (as determined by the Secretary).''.
(3) Excise tax credits.--Section 6426 of such Code is
amended by adding at the end the following new subsection:
``(h) Limitation to Fuels With Connection to the United States.--
``(1) Mixture credits.--No credit shall be determined under
this section with respect to any mixture unless such mixture is
produced in the United States for consumption in the United
States or is entered into the United States for consumption in
the United States.
``(2) Alternative fuel credit.--No alternative fuel credit
shall be determined under this section with respect to any
alternative fuel unless such alternative fuel is produced in
the United States for consumption in the United States or is
entered into the United States for consumption in the United
States.
``(3) No credits for fuels destined for export.--No credit
shall be determined under this section with respect to any
mixture or alternative fuel if such mixture or alternative fuel
is destined for export from the United States (as determined by
the Secretary).''.
(4) Payments.--Subsection (e) of section 6427 of such Code
is amended by redesignating paragraph (5) as paragraph (6) and
by inserting after paragraph (4) the following new paragraph:
``(5) Limitation to fuels with connection to the united
states.--No amount shall be payable under paragraph (1) or (2)
with respect to any mixture or alternative fuel if credit is
not allowed with respect to such mixture or alternative fuel by
reason of section 6426(h).''.
(b) Effective Date.--The amendments made by this section shall
apply to fuel sold or used after the date of the enactment of this Act. | Splash and Dash Correction Act of 2008 - Amends the Internal Revenue Code to disallow income and excise tax credits for alcohol and biodiesel used as fuel and other alternative fuels or mixtures unless such fuels are produced in or imported into the United States for consumption. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to clarify the eligibility for certain fuels credits for fuel with insufficient nexus to the United States."} | 986 | 64 | 0.54979 | 1.315987 | 0.974818 | 2.5 | 18.416667 | 0.875 |
SECTION. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Pike and San
Isabel Restoration Charter Forest Act of 2002''.
(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. Wildland-urban restoration charter forest demonstration project
for Pike and San Isabel National Forests
and Cimarron and Comanche National
Grasslands.
Sec. 4. Independent scientific review and monitoring.
Sec. 5. Community management council.
Sec. 6. Relation to National Environmental Policy Act of 1969.
Sec. 7. Predecisional review process for demonstration project.
Sec. 8. Stewardship contracting authority.
Sec. 9. Retention and use of receipts.
Sec. 10. Authorization of appropriations.
SEC. 2. DEFINITIONS.
In this Act:
(1) The terms ``wildland-urban restoration charter forest
demonstration project'' and ``demonstration project'' mean the
demonstration project required by this Act for covered National
Forest System lands in the State of Colorado.
(2) The terms ``community management council'' and
``council'' mean the community management council appointed
under section 5.
(3) The term ``covered National Forest System lands'' means
the Pike and San Isabel National Forests and the Cimarron and
Comanche National Grasslands.
(4) The terms ``independent scientific panel'' and
``panel'' mean the panel assembled by the Secretary under
section 4.
(5) The term ``Secretary'' means the Secretary of
Agriculture, acting through the Chief of the Forest Service.
SEC. 3. WILDLAND-URBAN RESTORATION CHARTER FOREST DEMONSTRATION PROJECT
FOR PIKE AND SAN ISABEL NATIONAL FORESTS AND CIMARRON AND
COMANCHE NATIONAL GRASSLANDS.
(a) Demonstration Project Required.--The Secretary of Agriculture,
acting through the Chief of the Forest Service, shall conduct a
wildland-urban restoration charter forest demonstration project for the
Pike and San Isabel National Forests and Cimarron and Comanche National
Grasslands for the purpose of increasing community involvement in
decisionmaking regarding the management of the covered National Forest
System lands and evaluating various methods, described in this Act, to
improve the management and health of the covered National Forest System
lands.
(b) Commencement of Demonstration Project.--The Secretary shall
commence the demonstration project as soon as practicable after the
submission of the initial report of the independent scientific panel
under section 4.
(c) Duration.--The Secretary shall terminate the demonstration
project at the end of the 10-year period beginning on the date the
demonstration project is commenced under subsection (b).
(d) Relation to Other National Forest System Laws.--Except as
provided in this Act, during the term of the demonstration project, the
Secretary shall continue to manage the covered National Forest System
lands under all of the laws and regulations governing occupancy, use,
and management of the National Forest System.
SEC. 4. INDEPENDENT SCIENTIFIC REVIEW AND MONITORING.
(a) Review of Ecological, Social, and Economic Sustainability.--
(1) Initial review.--The Secretary shall assemble an
independent scientific panel to conduct an assessment, using
accepted measures and indicators, of the ecological, social,
and economic sustainability of the covered National Forest
System lands, taking into consideration such factors as forest
health, susceptibility to catastrophic fire, biological
diversity, and economic productivity of the covered National
Forest System lands.
(2) Submission of results.--Not later than one year after
the date of the enactment of this Act, the panel shall submit
to the Secretary and Congress a report containing the results
of the assessment conducted under this subsection.
(b) Subsequent Monitoring of Demonstration Project.--
(1) Monitoring plan.--The panel shall prepare a monitoring
plan to be used to track the implementation of the wildland-
urban restoration charter forest demonstration project.
(2) Revised review.--At the end of the first five years of
the demonstration project and upon the completion of the
demonstration project, the panel shall revise the assessment
conducted under subsection (a) and resubmit it to the Secretary
and to Congress.
(3) Effects of charter project.--Using the information
collected from the monitoring plan, the panel shall include in
each revised assessment an evaluation of the positive and
negative impacts of the demonstration project on changes in the
ecological, social, and economic sustainability and
susceptibility to catastrophic wildfire of the covered National
Forest System lands.
SEC. 5. COMMUNITY MANAGEMENT COUNCIL.
(a) Establishment and Purposes.--The Secretary shall establish a
community management council as part of the wildland-urban restoration
charter forest demonstration project for the purpose of--
(1) advising the Secretary and the supervisor of the
covered National Forest System lands on the broad array of
environmental, economic, and social issues related to the
management, occupancy, and use of the covered National Forest
System lands;
(2) assisting in the development of binding priorities for
management activities, including hazardous fuels reduction,
watershed protection, disease and invasive species treatment
and control; and
(3) assisting the Secretary in the development of the
programmatic environmental impact statement and consideration
of proposed projects and activities under section 6.
(b) Appointment and Members.--The council shall consist of 13
members, appointed by the Secretary as follows:
(1) Five members appointed from nominations provided by the
Governor of Colorado.
(2) Four members appointed from nominations provided by the
senior Senator from Colorado.
(3) Four members appointed from nominations provided by the
junior Senator from Colorado.
(c) Qualifications.--The members of the council should be appointed
from communities in close proximity to the covered National Forest
System lands and represent a broad range of interests, including
conservation interests, commodity and forest products interests, and
the interests of county and municipal governments in the area. Members
should have a demonstrated ability to constructively work toward
beneficial solutions with a diverse range of interests on complex land
management issues.
(d) Forest Supervisor.--The Supervisor of the covered National
Forest System lands shall serve as an ex officio member of the council.
(e) Vacancies.--Vacancies on the council shall be filled in the
same manner as the original appointment.
(f) Compensation.--Members of the council who are not Federal
employees shall serve without compensation.
(g) Other Council Authorities and Requirements.--
(1) Staff assistance.--The council may request the
Secretary to provide staff assistance to the council from
Federal employees under the jurisdiction of the Secretary.
(2) Meetings.--All meetings of the council shall be
announced at least one week in advance in a local newspaper of
record and shall be open to the public.
(3) Records.--The council shall maintain records of the
meetings of the council and make the records available for
public inspection.
(4) Relation to other law.--The council shall be exempt
from the provisions of the Federal Advisory Committee Act (5
U.S.C. App.).
SEC. 6. RELATION TO NATIONAL ENVIRONMENTAL POLICY ACT OF 1969.
(a) Programmatic Environmental Impact Statement.--
(1) Preparation.--Not later than 60 days after the
appointment of all of the members to the community management
council, the Secretary shall begin to develop a programmatic
environmental impact statement pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to
establish the wildland-urban restoration charter forest
demonstration project.
(2) Role of council.--The Secretary shall prepare the
programmatic environmental impact statement, and any amendment
thereto, with the advice and cooperation of the council.
(b) Content.--The programmatic environmental impact statement for
the demonstration project shall address the following:
(1) Land and resource management goals and objectives for
the covered National Forest System lands, including desired
landscape conditions and management outcomes and outputs, to be
realized during the term of the demonstration project, and at
various intervals thereof.
(2) Standards and guidelines for achieving the land and
resource management goals and objectives.
(3) A monitoring plan to ensure that project level
activities are consistent with the land and resource management
goals and objectives and related standards and guidelines.
(c) Legal Requirements.--In preparing the programmatic
environmental impact statement, the Secretary shall comply with all
applicable Federal environmental statutes and their implementing
regulations, including the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) and the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.). Upon
establishment, the Secretary shall carry out only those projects and
activities on the covered National Forest System lands that are
consistent with the requirements of this Act and the programmatic
environmental impact statement.
(d) Adoption.--The programmatic environmental impact statement
shall be considered as operative upon the approval of the Secretary and
the majority of the members of the council.
(e) Effect of Adoption.--
(1) Consistent projects and activities.--If the Secretary
determines that a proposed project or activity under the
demonstration project is consistent with the requirements of
this Act and the programmatic environmental impact statement,
the Secretary shall not be required to do additional analysis
under the National Environmental Policy Act of 1969 with regard
to the project or activity notwithstanding other regulations,
policies, and other administrative directives.
(2) Inconsistent projects and activities.--If the Secretary
determines that a proposed project or activity under the
demonstration project is not consistent with the requirements
of this Act and the programmatic environmental impact
statement, the Secretary may not approve the proposed project
or activity unless--
(A) the project or activity is revised so as to be
compatible with the programmatic environmental impact
statement; or
(B) the programmatic environmental impact statement
is amended, consistent with the National Environmental
Policy Act of 1969 and the Forest and Rangeland
Renewable Resources Planning Act of 1974, so that the
project or activity is compatible with the amended
programmatic environmental impact statement.
(f) Challenge.--
(1) Authority to file.--If an individual or entity that
meets the standing requirements necessary to challenge a
determination of the Secretary under subsection (e) disagrees
with the Secretary's determination regarding the compatibility
of an project or activity with the programmatic environmental
impact statement, the person may file a predecisional objection
under section 7 with the Secretary.
(2) Response.--If the Secretary, after consultation with
the council, agrees with the appellant that the project or
activity is not incompatible with the programmatic
environmental impact statement, the Secretary may not conduct
the project or activity unless--
(A) the project or activity is revised, as provided
in subsection (e)(2)(A); or
(B) the programmatic environmental impact statement
is amended, as provided in subsection (e)(2)(B).
SEC. 7. PREDECISIONAL REVIEW PROCESS FOR DEMONSTRATION PROJECT.
(a) In General.--The Secretary shall promulgate rules to establish
a predecisional review process that would be used during the term of
the wildland-urban restoration charter forest demonstration project in
connection with site-specific projects for the covered National Forest
System lands.
(b) Relation to Required Environmental Analysis.--Subject to
section 6, the predecisional review process shall not be construed to
alter or waive any environmental analysis otherwise required as part of
the planning or implementation of a project for the covered National
Forest System lands.
(c) Required Elements of Predecisional Review.--
(1) Notice.--The rules required by subsection (a) shall
provide for notice of a proposed decision and an opportunity to
request review before a final decision on a site-specific
project is made.
(2) Right to request a predecisional review.--For a period
not to exceed 30 days from the date notice is provided pursuant
to paragraph (1), review of a proposed decision may be
requested by any individual or entity, but only if the
individual or entity submitted written comments during the
preparation stage of the project on the specific issue or
issues for which predecisional review is sought.
(3) Completion of review.--The review of a request for
predecisional review shall be completed before issuance of a
final decision regarding the project at issue. The review shall
be completed within 30 days after the date the request was
submitted.
(d) Exemption.--The Secretary may exempt any proposed decision
responding to an unexpected or serious event that would provide relief
from hazards threatening human health, property, and safety, natural
resources, or to provide for rehabilitation and recovery of forest
resources, from the predecisional review rules prescribed under this
section.
(e) Exhaustion of Predecisional Review Process.--Notwithstanding
any other provision of law, an individual or entity must exhaust the
predecisional review process before the individual or entity may bring
an action in court challenging a site-specific project under the
demonstration project.
(f) Presumption.--In any predecisional review of a management
activity under the demonstration project, the official or
administrative entity responsible for the review or the court with
jurisdiction over litigation resulting from the review shall give
deference to the expert judgment of the Secretary in identifying and
interpreting the scientific data that is the basis for the activity.
(g) Relation to Forest Service Decision Making and Appeals
Reform.--Section 322 of the Department of the Interior and Related
Agencies Appropriations Act, 1993 (Public Law 102-381; 16 U.S.C. 1612
note), shall not apply to activities conducted under the demonstration
project.
SEC. 8. STEWARDSHIP CONTRACTING AUTHORITY.
(a) Use of Existing Demonstration Authority.--During the term of
the wildland-urban restoration charter forest demonstration project,
the Secretary may enter into stewardship and end result contracts for
the covered National Forest System lands in accordance with section 347
of the Department of the Interior and Related Agencies Appropriations
Act, 1999 (as contained in section 101(e) of division A of Public Law
105-277; 16 U.S.C. 2104 note), to accomplish the land management goals
specified in subsection (b) of such section.
(b) Additional Contracts.--The contracts entered into under the
authority of subsection (a) shall be in addition to the stewardship and
end result contracts authorized under such section 347, section 338 of
the Department of the Interior and Related Agencies Appropriations Act,
2001 (Public Law 106-291; 16 U.S.C. 2104 note), or any other provision
of law.
SEC. 9. RETENTION AND USE OF RECEIPTS.
(a) Retention.--During the term of the wildland-urban restoration
charter forest demonstration project, the Secretary shall retain the
monetary proceeds from commercial timber sales, special use permit
fees, and all other receipts derived from the covered National Forest
System lands and any funds appropriated with respect to the covered
National Forest System lands. Such receipts and funds shall not be
subject to overhead assessments.
(b) Use.--The Secretary shall use the funds for projects for the
covered National Forest System lands, with priority placed on projects
related to forest health, restoration, watershed protection, hazardous
fuels reduction, and disease and invasive species control.
(c) Role of Council.--The Secretary shall consult with the council
in selecting projects under this section.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary $1,000,000
for each of the fiscal years 2003 through 2005 to implement this Act. | Pike and San Isabel Restoration Charter Forest Act of 2002 - Directs the Secretary of Agriculture, through the Chief of the Forest Service, to conduct a ten-year wildland-urban restoration charter forest demonstration project for the Pike and San Isabel National Forests and Cimarron and Comanche National Grasslands in Colorado, in order to increase community management in such National Forest System lands.Directs the Secretary to: (1) provide for independent scientific review and monitoring of such lands' ecological, social, and economic sustainability; (2) establish a community management council; (3) develop a programmatic environmental impact statement to establish such project; and (4) establish a predecisional review process for use during the project's duration in connection with site-specific projects.Authorizes: (1) the Secretary to enter into stewardship and end result contracts during the project's duration; and (2) FY 2003 through 2005 appropriations. | {"src": "billsum_train", "title": "To require the Secretary of Agriculture to conduct a wildland-urban restoration charter forest demonstration project in the Pike and San Isabel National Forests and Cimarron and Comanche National Grasslands to increase community involvement in decisionmaking regarding the management of those forests and grasslands, to evaluate the feasibility of using a predecisional review process for projects conducted as part of the demonstration project, to provide stewardship contracting authority as part of the demonstration project, and for other purposes."} | 3,463 | 202 | 0.657372 | 1.996042 | 0.835225 | 4.206897 | 17.862069 | 0.942529 |
.
Section 10(m) of the National Labor Relations Act is amended by
adding at the end the following new sentence: ``Whenever a complaint is
issued as provided in subsection (b) upon a charge that any person has
engaged in or is engaging in an unfair labor practice within the
meaning of subsection (a)(3) or (b)(2) of section 8 involving an
unlawful discharge, the Board shall state its findings of fact and
issue and cause to be served on such person an order requiring such
person to cease and desist from such unfair labor practice and to take
such affirmative action, including reinstatement of an employee with or
without backpay, as will effectuate the policies of this Act, or shall
state its findings of fact and issue an order dismissing the said
complaint, not later than 365 days after the filing of the unfair labor
practice charge with the Board except in cases of extreme complexity.
The Board shall submit a report annually to the Committee on Education
and the Workforce of the House of Representatives and the Committee on
Labor and Human Resources of the Senate regarding any cases pending for
more than 1 year, including an explanation of the factors contributing
to such a delay and recommendations for prompt resolution of such
cases.''.
SEC. 304. REGULATIONS.
The Board may issue such regulations as are necessary to carry out
the purposes of this title.
TITLE IV--ATTORNEYS FEES
SEC. 401. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds as follows:
(1) Certain small businesses and labor organizations are at
a great disadvantage in terms of expertise and resources when
facing actions brought by the National Labor Relations Board.
(2) The attempt to ``level the playing field'' for small
businesses and labor organizations by means of the Equal Access
to Justice Act has proven ineffective and has been
underutilized by these small entities in their actions before
the National Labor Relations Board.
(3) The greater expertise and resources of the National
Labor Relations Board as compared with those of small
businesses and labor organizations necessitate a standard that
awards fees and costs to certain small entities when they
prevail against the National Labor Relations Board.
(b) Purpose.--It is the purpose of this title--
(1) to ensure that certain small businesses and labor
organizations will not be deterred from seeking review of, or
defending against, actions brought against them by the National
Labor Relations Board because of the expense involved in
securing vindication of their rights;
(2) to reduce the disparity in resources and expertise
between certain small businesses and labor organizations and
the National Labor Relations Board; and
(3) to make the National Labor Relations Board more
accountable for its enforcement actions against certain small
businesses and labor organizations by awarding fees and costs
to these entities when they prevail against the National Labor
Relations Board.
SEC. 402. AMENDMENT TO NATIONAL LABOR RELATIONS ACT.
The National Labor Relations Act (29 U.S.C. 151 and following) is
amended by adding at the end the following new section:
``awards of attorneys' fees and costs
``Sec. 20. (a) Administrative Proceedings.--An employer who, or a
labor organization that--
``(1) is the prevailing party in an adversary adjudication
conducted by the Board under this or any other Act, and
``(2) had not more than 100 employees and a net worth of
not more than $1,400,000 at the time the adversary adjudication
was initiated,
shall be awarded fees and other expenses as a prevailing party under
section 504 of title 5, United States Code, in accordance with the
provisions of that section, but without regard to whether the position
of the Board was substantially justified or special circumstances make
an award unjust. For purposes of this subsection, the term `adversary
adjudication' has the meaning given that term in section 504(b)(1)(C)
of title 5, United States Code.
``(b) Court Proceedings.--An employer who, or a labor organization
that--
``(1) is the prevailing party in a civil action, including
proceedings for judicial review of agency action by the Board,
brought by or against the Board, and
``(2) had not more than 100 employees and a net worth of
not more than $1,400,000 at the time the civil action was
filed,
shall be awarded fees and other expenses as a prevailing party under
section 2412(d) of title 28, United States Code, in accordance with the
provisions of that section, but without regard to whether the position
of the United States was substantially justified or special
circumstances make an award unjust. Any appeal of a determination of
fees pursuant to subsection (a) or this subsection shall be determined
without regard to whether the position of the United States was
substantially justified or special circumstances make an award
unjust.''.
SEC. 403. APPLICABILITY.
(a) Agency Proceedings.--Subsection (a) of section 20 of the
National Labor Relations Act, as added by section 402 of this Act,
applies to agency proceedings commenced on or after the date of the
enactment of this Act.
(b) Court Proceedings.--Subsection (b) of section 20 of the
National Labor Relations Act, as added by section 402 of this Act,
applies to civil actions commenced on or after the date of the
enactment of this Act.
Passed the House of Representatives March 26, 1998.
Attest:
Clerk. | TABLE OF CONTENTS:
Title I: Truth in Employment
Title II: Fair Hearing
Title III: Justice on Time
Title IV: Attorneys Fees
Fairness for Small Business and Employees Act of 1998 -
Title I: Truth in Employment
- Amends the National Labor Relations Act (NLRA) to provide that nothing in specified prohibitions against unfair labor practices by employers shall be construed as requiring an employer to employ any person who is not a bona fide employee applicant, in that such person seeks or has sought employment with the employer with the primary purpose of furthering another employment or agency status.
(Sec. 103) Declares that this title shall not affect the rights and responsibilities under NLRA of any employee who is or was a bona fide employee applicant, including the right to: (1) self-organization; (2) form, join, or assist labor organizations; (3) bargain collectively through representatives of their own choosing; and (4) engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.
Title II: Fair Hearing
- Directs the National Labor Relations Board (NLRB) to provide for a hearing upon due notice to determine the appropriateness of the bargaining unit, if a petition for an election requests to certify a unit which includes the employees employed at one or more facilities of a multi-facility employer, and in the absence of an agreement by the parties regarding the appropriateness of the bargaining unit at issue. Requires the NLRB, in making such determination, to consider functional integration, centralized control, common skills, functions and working conditions, permanent and temporary employee interchange, geographical separation, local autonomy, the number of employees, bargaining history, and other factors it considers appropriate.
Title III: Justice on Time
- Requires the NLRB to state its findings of fact and to issue and serve corrective orders, including reinstatement of an employee with or without backpay, or issue an order dismissing the complaint, within 365 days after the filing of a charge of unfair labor practice involving an unlawful discharge, except in cases of extreme complexity. Directs the NLRB to report annually to specified congressional committees on any cases pending for more than one year, including an explanation of the factors contributing to such a delay, and recommendations for prompt resolution of such cases.
Title IV: Attorneys Fees
- Provides for awards of attorney's fees and costs in administrative or court proceedings involving the NLRB, without regard to whether the NLRB's position was substantially justified or special circumstances make an award unjust, if the prevailing parties are employers or labor organizations with no more than 100 employees and a net worth of no more than $1.4 million at the time the adversary adjudication was initiated. | {"src": "billsum_train", "title": "Fairness for Small Business and Employees Act of 1998"} | 1,177 | 608 | 0.599883 | 2.008173 | 0.679829 | 1.940741 | 2.059259 | 0.692593 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security for the 21st Century
Act''.
SEC. 2. RETIREMENT SECURITY ACCOUNTS.
(a) Establishment and Maintenance of Retirement Security
Accounts.--Title II of the Social Security Act (42 U.S.C. 401 et seq.)
is amended--
(1) by inserting before section 201 the following:
``Part A--Insurance Benefits'';
and
(2) by adding at the end the following:
``Part B--Retirement Security Accounts
``definitions
``Sec. 251. In this part--
``(1) Commissioner.--The term `Commissioner' means the
Commissioner of Social Security.
``(2) Electing individual.--The term `electing individual'
means an individual with respect to whom an election under
section 252 is in effect.
``(3) Eligible individual.--The term `eligible individual'
means an individual--
``(A) who is 18 years of age or older; and
``(B) who is receiving wages subject to tax under
section 3101(a) of the Internal Revenue Code of 1986 or
self-employment income subject to tax under section
1401(a) of such Code.
``(4) Retirement security account.--The term `retirement
security account' means any retirement security account in the
Retirement Security Fund (established under section 255(a))
which is administered by the Retirement Security Fund
Investment Board (established under section 255(b)).
``(5) Retirement security account contribution.--The term
`retirement security account contribution' has the meaning
given such term by section 252(e)(2)(A).
``election and establishment of retirement security accounts
``Sec. 252. (a) Election.--An eligible individual may elect to make
retirement security account contributions to a retirement security
account established under subsection (d) and maintained for the benefit
of such individual.
``(b) Election Period.--An election under subsection (a) shall be
irrevocable and shall be effective with respect to wages paid or self-
employment income earned during any quarter of coverage beginning after
the date of such election.
``(c) Form of Election.--An election under this section shall be
made--
``(1) on W-4 forms (or any successor form), or
``(2) in such other manner as the Commissioner may
prescribe in order to ensure ease of administration and
reductions in burdens on employers.
``(d) Establishment.--The Commissioner, within 30 days of the
receipt of the first contribution received pursuant to subsection (e)
with respect to any electing individual, shall establish in the name of
such individual a retirement security account. The retirement security
account shall be identified to the account holder by means of the
account holder's social security account number.
``(e) Contributions.--
``(1) In general.--The Secretary of the Treasury shall
transfer from the Federal Old-Age and Survivors Insurance Trust
Fund, for crediting by the Commissioner to a retirement
security account of an electing individual, a retirement
security account contribution of such individual.
``(2) Retirement security account contribution.--
``(A) In general.--For purposes of this part, the
term `retirement security account contribution' means,
with respect to any quarter of coverage during an
election period under subsection (b), an amount equal
to the applicable percentage of the amount collected
under section 3101(a) or 1401(a) of the Internal
Revenue Code of 1986 on account of wages or self-
employment income of an electing individual for such
quarter.
``(B) Applicable percentage.--For purposes of
subparagraph (A), the applicable percentage for any
quarter of coverage during an election period under
subsection (b) shall be equal to--
``(i) in the case of amounts collected
under section 3101(a) of the Internal Revenue
Code of 1986, 2.5 percent for the first 4
quarters, increased (but not above 50 percent)
by 2.5 percentage points for each successive 4
quarters, and
``(ii) in the case of amounts collected
under section 1401(a) of such Code, 1.25
percent for the first 4 quarters, increased
(but not above 25 percent) by 1.25 percentage
points for each successive 4 quarters.
``(f) Designation of Investment Options for Retirement Security
Account.--
``(1) Designation.--Each electing individual shall
designate 1 or more investment options for the individual's
retirement security account to which retirement security
account contributions on behalf of such individual are to be
credited.
``(2) Form of designation.--The designation described in
paragraph (1) shall be made in such manner and at such
intervals as the Commissioner may prescribe in order to ensure
ease of administration and reductions in burdens on employers.
``(3) Designation in absence of designation by
individual.--In any case in which no designation of an
investment option for an individual's retirement security
account is made, the Commissioner shall make such a designation
in accordance with regulations.
``treatment of retirement security accounts
``Sec. 253. Except as otherwise provided in this part, any
retirement security account shall be treated in the same manner as an
individual account in the Thrift Savings Fund under subchapter III of
chapter 84 of title 5, United States Code.
``retirement security account distributions
``Sec. 254. (a) Date of Initial Distribution.--Except as provided
in subsection (c), distributions may only be made from a retirement
security account of an electing individual on and after the date on
which the individual begins receiving benefits under this title.
``(b) Forms of Distribution.--
``(1) Required monthly payments.--Except as provided in
paragraph (2), beginning with the date determined under
subsection (a), an amount equal to not less than 75 percent of
the balance in a retirement security account, as elected by the
account holder (in such form and manner as shall be prescribed
in regulations of the Retirement Security Account Fund
Investment Board), shall be paid by means of the purchase of
annuities or equal monthly payments over the life expectancy of
the electing individual (determined under reasonable actuarial
assumptions) in accordance with requirements (which shall be
provided in regulations of the Board) similar to the
requirements applicable to payments of benefits under
subchapter III of chapter 84 of title 5, United States Code,
and providing for indexing for inflation.
``(2) Payment of excess funds.--To the extent funds remain
in an individual's retirement security account after the
application of paragraph (1), such funds shall be payable to
the individual in such manner and in such amounts as determined
by the individual, in accordance with rules established by the
Retirement Security Fund Investment Board.
``(c) Distribution in the Event of Death Before the Date of Initial
Distribution.--If the individual dies before the date determined under
subsection (a), the balance in such individual's retirement security
account shall be distributed in a lump sum to the individual's heirs,
under rules established by the Retirement Security Fund Investment
Board.
``(d) Tax Treatment of Distributions.--All distributions under this
section shall be exempt from any taxation under the Internal Revenue
Code of 1986.
``retirement security fund
``Sec. 255. (a) Establishment.--There is established and maintained
in the Treasury of the United States a Retirement Security Fund in the
same manner as the Thrift Savings Fund under sections 8437, 8438, and
8439 of title 5, United States Code.
``(b) Retirement Security Fund Investment Board.--
``(1) In general.--There is established and operated in the
Executive Branch of the Government a Retirement Security Fund
Investment Board (referred to in this section as the `Board')
in the same manner as the Federal Retirement Thrift Investment
Board under subchapter VII of chapter 84 of title 5, United
States Code.
``(2) Specific investment and reporting duties.--
``(A) In general.--The Retirement Security Fund
Investment Board shall manage and report on the
activities of the Retirement Security Fund and the
retirement security accounts of such Fund in the same
manner as the Federal Retirement Thrift Investment
Board manages and reports on the Thrift Savings Fund
and the individual accounts of such Fund under
subchapter VII of chapter 84 of title 5, United States
Code.
``(B) Study and report on increased investment
options.--
``(i) Study.--The Retirement Security Fund
Investment Board shall conduct a study
regarding ways to increase an individual's
investment options with respect to such
individual's retirement security account.
``(ii) Report.--Not later than 2 years
after the date of enactment of the Social
Security for the 21st Century Act, the
Retirement Security Fund Investment Board shall
submit a report to the President and Congress
that contains a detailed statement of the
results of the study conducted pursuant to
clause (i), together with the Board's
recommendations for such legislative actions as
the Board considers appropriate.
``budgetary treatment of retirement security fund and accounts
``Sec. 256. The receipts and disbursements of the Retirement
Security Fund and any accounts within such fund shall not be included
in the totals of the budget of the United States Government as
submitted by the President or of the congressional budget and shall be
exempt from any general budget limitation imposed by statute on
expenditures and net lending (budget outlays) of the United States
Government.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to elections made after December 31, 2000.
SEC. 2. ADJUSTMENT OF SOCIAL SECURITY BENEFIT FOR ELECTING INDIVIDUALS.
(a) Reduction of Benefits Under OASDI Upon Election Under Part B.--
Section 215 of the Social Security Act (42 U.S.C. 415) is amended by
adding at the end the following:
``reduction on account of election under part b
``(j)(1) Notwithstanding any other provision of this section, the
primary insurance amount for an electing individual (as defined in
section 251), as determined without regard to this subsection, shall be
reduced by 50 percent.
``(2) A reduction of benefits for an electing individual under
paragraph (1) shall not be taken into account in determining the
benefit of any individual which is dependent upon the wages and self-
employment income of the electing individual.''.
(b) Effective Date.--The amendment made by this section shall take
effect with respect to benefits received after December 31, 2000.
SEC. 3. PERSONAL EARNINGS AND BENEFIT ESTIMATE STATEMENT.
(a) In General.--Section 1143(a)(2) of the Social Security Act (42
U.S.C. 1320b-13(a)(2)) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(E) an estimate of the aggregate of the retirement
security account contributions under part B of title II of the
eligible individual (as defined in section 251) and any amounts
in the retirement security account of such individual as shown
by the records of the Secretary on the date of the request.''.
SEC. 4. ESTABLISHMENT OF SPECIAL RESERVE ACCOUNT.
(a) In General.--Section 201 of the Social Security Act is amended
by adding at the end the following new subsection:
``(n)(1) There is established within the Treasury a special reserve
account to be known as the `Protect Social Security Account' (in this
subsection referred to as the `account'). The account shall be used to
save budget surpluses until a reform measure is enacted to ensure the
long-term solvency of the Federal Old Age and Survivors Insurance Trust
Fund and the Federal Disability Insurance Trust Fund.
``(2) The Secretary of the Treasury shall pay into the account at
the end of each fiscal year in the fiscal-year period beginning on
October 1, 1999, and ending on September 30, 2010, an amount which in
the aggregate, at the end the fiscal-year period, will equal an amount
equal to 70 percent of the projected surplus (if any) in the total
budget of the United States Government for that fiscal-year period.
``(3) Within 10 days after the date of enactment of this
subsection, the Secretary of the Treasury, in consultation with the
Director of the Office of Management and Budget, shall project the
budget surplus (if any) for the total budget of the United States
Government for the fiscal-year period beginning on October 1, 1999, and
ending on September 30, 2010.
``(4) The Secretary of the Treasury shall invest the funds held in
the account pending enactment of the reform measure referred to in
paragraph (1). The purposes for which obligations of the United States
may be issued under chapter 31 of title 31, United States Code, are
hereby extended to authorize, in the manner provided in subsection (d),
the issuance at par of public-debt obligations for purchase for the
account. The interest on, and the proceeds from redemption of, any
obligations held in the account shall be credited to and form a part of
the account.
``(5) In this subsection, the term `total budget of the United
States Government' means all spending and receipt accounts of the
United States Government that are designated as on-budget or off-budget
accounts.''.
(b) Effective Date.--The amendment made by this section shall apply
to fiscal years beginning on or after October 1, 1999. | Directs the Secretary of the Treasury to transfer from the Federal Old-Age and Survivors Insurance Trust fund for crediting by the Commissioner to an elector's RSA of a retirement security account contribution based on an applicable percentage of the elector's FICA (Federal Insurance Contributions Act) or self-employment taxes for investment according to the elector's designated investment options under a system similar to the Thrift Savings Plan for Federal employees, with a Retirement Security Fund (RSF) established in the Treasury that is to be managed by a Retirement Security Fund Investment Board (RSFIB). Provides for the treatment of RSA distributions and the off-budget budgetary treatment of RSF and its RSAs.
Requires RSFIB to study and report to the President and the Congress on increased investment options for electors.
Amends SSA title II to establish in the Treasury the Protect Social Security Account to save budget surpluses until a reform measure is enacted to ensure the long-term solvency of the social security trust funds. Requires the Secretary to: (1) pay into the Account at the end of each fiscal year in the FY 2000 through 2010 period an amount which in the aggregate, at the end of such period, will equal 70 percent of any such surplus projected by the Secretary for that period; and (2) invest all such amounts in public debt obligations. | {"src": "billsum_train", "title": "Social Security for the 21st Century Act"} | 3,038 | 304 | 0.499149 | 1.411341 | 0.680031 | 3.363281 | 11.039063 | 0.886719 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Clean Energy
Development Act of 2009''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Asia-pacific partnership; partnership.--The terms
``Asia-Pacific Partnership'' and ``Partnership'' mean the Asia-
Pacific Partnership on Clean Development and Climate (or any
successor thereto).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the
Committee on Energy and Natural Resources, the
Committee on Environment and Public Works, and the
Committee on Commerce, Science, and Transportation of
the Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Energy and Commerce, the Committee on Natural
Resources, and the Select Committee on Energy
Independence and Global Warming of the House of
Representatives.
(3) Clean and efficient energy technologies.--The term
``clean and efficient energy technology'' means an energy
supply or end-use technology that, compared to a similar
technology already in widespread commercial use in a country,
will--
(A) reduce emissions of greenhouse gases;
(B) increase efficiency of energy production,
transmission, distribution, or end-use; or
(C) decrease intensity of energy usage.
(4) Greenhouse gas.--The term ``greenhouse gas'' means--
(A) carbon dioxide;
(B) methane;
(C) nitrous oxide;
(D) hydrofluorocarbons;
(E) perfluorocarbons; or
(F) sulfur hexafluoride.
(5) Partnership task forces.--The term ``Partnership Task
Forces'' means the task forces established under the Asia-
Pacific Partnership.
(6) Program office.--The term ``Program Office'' means the
Asia-Pacific Partnership on Clean Development and Climate
Program Office of the Department of State (or any successor
thereto).
SEC. 3. ESTABLISHMENT OF DEVELOPMENT AND COMMERCIALIZATION COMMITTEE ON
CLEAN AND EFFICIENT ENERGY TECHNOLOGIES.
(a) In General.--
(1) Establishment.--The Secretary of State shall establish
a Development and Commercialization Committee on Clean and
Efficient Energy Technologies (in this Act referred to as the
``Committee'') within the Program Office.
(2) Composition.--The Committee established pursuant to
paragraph (1) shall be comprised of--
(A) technical and policy experts from each of the
Partnership Task Forces; and
(B) experts from--
(i) the Department of State;
(ii) the Department of Energy;
(iii) the Department of Commerce;
(iv) the Department of the Treasury;
(v) the Environmental Protection Agency;
(vi) the United States Agency for
International Development;
(vii) the United States Trade and
Development Agency;
(viii) the Office of Science and Technology
Policy;
(ix) the Council on Environmental Quality;
and
(x) other Federal departments and agencies,
as the Secretary of State determines necessary.
(3) Chairperson.--The Secretary of State shall designate a
Chairperson or co-Chairpersons of the Committee from among
employees of the Department of State.
(4) Duties.--The Committee shall--
(A) review and evaluate available sources of
information on clean and efficient energy technologies,
including any action plans developed by the
Partnership;
(B) identify and prioritize projects with respect
to the development and commercialization of clean and
efficient energy technologies by the Partnership;
(C) plan and carry out projects described in
subparagraph (B) through established protocols of the
Program Office and the Partnership;
(D) in carrying out such projects, require that a
share of the cost of each such project, to be
determined by the Secretary of State, be paid by
project participants; and
(E) report regularly to the appropriate
congressional committees on the progress and projects
of the Committee with respect to the development and
commercialization of clean and efficient energy
technologies.
(b) Strategy.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall submit
to the appropriate congressional committees a report that
details a strategy to--
(A) facilitate collaboration among the national
laboratories, educational institutions, private
sectors, local and national policymakers, and other
technical and policy experts of the members of the
Partnership with respect to developing and
commercializing clean and efficient energy
technologies;
(B) develop and commercialize clean and efficient
energy technologies, particularly through projects
identified under subsection (a)(4)(B) related to
renewable energy and distributed generation, power
generation and transmission, or cleaner fossil energy;
(C) develop the capacity of members of the
Partnership to accept and utilize clean and efficient
energy technologies, particularly such technologies
developed or commercialized through projects described
in subparagraph (B);
(D) encourage the utilization of clean and
efficient energy technologies developed or
commercialized through projects described in
subparagraph (B) in, and the transfer of such
technologies to, countries that are not members of the
Partnership; and
(E) continue to require that project participants
match funding provided by the United States dollar-for-
dollar in order to increase the value of the projects
for participants and for taxpayers in the United
States.
SEC. 4. REPORT BY THE SECRETARY OF STATE.
(a) In General.--Not later than 1 year after the establishment of
the Committee under section 3(a)(1), and annually thereafter, the
Secretary of State shall transmit to the appropriate congressional
committees a report on the implementation of this Act during the
preceding year.
(b) Contents.--The report required under subsection (a) shall
include the following:
(1) A description of the results of projects and activities
carried out under this Act, including a description of--
(A) the actions taken by the Committee to carry out
the duties required under section 3(a)(4);
(B) the review and evaluation of sources of
information on clean and efficient energy technologies
required under section 3(a)(4)(A); and
(C) the actions taken by the Committee to advance
projects identified as priorities under section
3(a)(4)(B).
(2) An identification and description of priorities for
promoting the development and commercialization of clean and
efficient energy technologies and strategies for promoting such
technologies within the countries that are members of the Asia-
Pacific Partnership on Clean Development and Climate, taking
into account the economic and security interests of the United
States.
(3) An assessment of the integration of representatives of
the private sector and other interested groups in the
development and commercialization of clean and efficient energy
technologies.
(4) Recommendations for the heads of appropriate Federal
departments and agencies with respect to methods to streamline
Federal programs and policies to improve the role of those
Federal departments and agencies in the development and
commercialization of clean and efficient energy technologies on
an international basis.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of State
to carry out this Act $200,000,000 for each of the fiscal years 2010
through 2014. | International Clean Energy Development Act of 2009 - Directs the Secretary of State to establish a Development and Commercialization Committee on Clean and Efficient Energy Technologies within the Asia-Pacific Partnership on Clean Development and Climate Program Office of the Department of State.
Directs the Committee to: (1) evaluate information on clean and efficient energy technologies; (2) identify, prioritize, and carry out projects for the development and commercialization of clean and efficient energy technologies; and (3) report to the appropriate congressional committees on Committee progress and projects. | {"src": "billsum_train", "title": "A bill to establish a Development and Commercialization Committee on Clean and Efficient Energy Technologies within the Asia-Pacific Partnership on Clean Development and Climate Program Office, and for other purposes."} | 1,543 | 105 | 0.640026 | 1.639111 | 1.258064 | 4.607843 | 14.382353 | 0.980392 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Baseline Reform Act of 1994''.
SEC. 2. THE BASELINE.
(a) Except for purposes of adjusting the discretionary spending
limits set forth in section 601(a)(2) of the Congressional Budget Act
of 1974, section 257(c) of the Balanced Budget and Emergency Deficit
Control Act of 1985 is amended--
(1) in the second sentence of paragraph (1), by striking
``sequentially and cumulatively'' and by striking ``for
inflation as specified in paragraph (5),''; and
(2) and by redesignating paragraph (6) as paragraph (5).
(b) Section 1109(a) of title 31, United States Code, is amended by
adding after the first sentence the following new sentence: ``These
estimates shall not include an adjustment for inflation for programs
and activities subject to discretionary appropriations.''.
SEC. 3. THE PRESIDENT'S BUDGET.
(a) Paragraph (5) of section 1105(a) of title 31, United States
Code, is amended to read as follows:
``(5) except as provided in subsection (b) of this section,
estimated expenditures and appropriations for the current year
and estimated expenditures and proposed appropriations the
President decides are necessary to support the Government in
the fiscal year for which the budget is submitted and the 4
fiscal years following that year;''.
(b) Section 1105(a)(6) of title 31, United States Code, is amended
by inserting ``current fiscal year and the'' before ``fiscal year''.
(c) Section 1105(a)(12) of title 31, United States Code, is amended
by striking ``and'' at the end of subparagraph (A), by striking the
period and inserting ``; and'' at the end of subparagraph (B), and by
adding at the end the following new subparagraph:
``(C) the estimated amount for the same activity (if any)
in the current fiscal year.''.
(d) Section 1105(a)(18) of title 31, United States Code, is amended
by inserting ``new budget authority and'' before ``budget outlays''.
(e) Section 1105(a) of title 31, United States Code, is amended by
adding at the end the following new paragraph:
``(30) a comparison of levels of estimated expenditures and
proposed appropriations for each function and subfunction in
the current fiscal year and the fiscal year for which the
budget is submitted, along with the proposed increase or
decrease of spending in percentage terms for each function and
subfunction.''.
SEC. 4. THE CONGRESSIONAL BUDGET.
Section 301(e) of the Congressional Budget Act of 1974 is amended
by--
(1) inserting after the second sentence the following:
``The starting point for any deliberations in the Committee on
the Budget of each House on the concurrent resolution on the
budget for the next fiscal year shall be the estimated level of
outlays for the current year in each function and subfunction.
Any increases or decreases in the Congressional budget for the
next fiscal year shall be from such estimated levels.''; and
(2) striking paragraph (8) and redesignating paragraphs (9)
and (10) as paragraphs (10) and (11), respectively, and by
inserting after paragraph (7) the following new paragraphs:
``(8) a comparison of levels for the current fiscal year
with proposed spending and revenue levels for the subsequent
fiscal years along with the proposed increase or decrease of
spending in percentage terms for each function and subfunction;
and
``(9) information, data, and comparisons indicating the
manner in which and the basis on which, the committee
determined each of the matters set forth in the concurrent
resolution, including information on outlays for the current
fiscal year and the decisions reached to set funding for the
subsequent fiscal years;''.
SEC. 5. CONGRESSIONAL BUDGET OFFICE REPORTS TO COMMITTEES.
(a) The first sentence of section 202(f)(1) of the Congressional
Budget Act of 1974 is amended to read as follows: ``On or before
February 15 of each year, the Director shall submit to the Committees
on the Budget of the House of Representatives and the Senate a report
for the fiscal year commencing on October 1 of that year with respect
to fiscal policy, including (A) alternative levels of total revenues,
total new budget authority, and total outlays (including related
surpluses and deficits) compared to comparable levels for the current
year and (B) the levels of tax expenditures under existing law, taking
into account projected economic factors and any changes in such levels
based on proposals in the budget submitted by the President for such
fiscal year.''.
(b) Section 202(f)(1) of the Congressional Budget Act of 1974 is
amended by inserting after the first sentence the following new
sentence: ``That report shall also include a table on sources of
spending growth under current law in total mandatory spending for the
budget year and the ensuing 4 fiscal years, which shall include changes
in outlays attributable to the following: cost-of-living adjustments;
changes in the number of program recipients; increases in medical care
prices, utilization and intensity of medical care; and residual
factors.''.
(c) Section 308(a)(1) of the Congressional Budget Act of 1974 is
amended--
(1) in subparagraph (C), by inserting ``, and shall include
a comparison of those levels to comparable levels for the
current fiscal year'' before ``if timely submitted''; and
(2) by striking ``and'' at the end of subparagraph (C), by
striking the period and inserting ``; and'' at the end of
subparagraph (D), and by adding at the end the following new
subparagraph:
``(E) comparing the levels in existing programs in
such measure to the estimated levels for the current
fiscal year.''
(d) Title IV of the Congressional Budget Act of 1974 is amended by
adding at the end the following new section:
``gao reports to budget committees
``Sec. 408. On or before January 15 of each year, the Comptroller
General, after consultation with appropriate committees of the House of
Representatives and Senate, shall submit to the Congress a report
listing all programs and activities with permanent appropriations or
that fall within the definition of spending authority under section
401(c)(2).''.
(e) Conforming Amendment.--The table of contents set forth in
section 1(b) of the Congressional Budget and Impoundment Control Act of
1974 is amended by inserting after the item relating to section 407 the
following new item:
``Sec. 408. GAO reports to budget committees.''. | Baseline Reform Act of 1994 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to declare that the estimated budget outlays submitted to the Congress by the President each year shall not include an inflation adjustment for programs and activities subject to discretionary appropriations.
Requires the President's budget to include: (1) estimated expenditures and appropriations for the current year; and (2) a certain comparison of levels of estimated expenditures and proposed appropriations that includes the proposed increase or decrease in spending in percentage terms.
Amends the Congressional Budget Act of 1974 to make conforming changes to the development of the concurrent resolution on the budget. Declares that: (1) the starting point for any deliberations in the Committee on the Budget of each House on the budget resolution for the next fiscal year shall be the estimated level of outlays for the current year in each function and subfunction; and (2) any increases or decreases in the congressional budget for the next fiscal year shall be from such estimated levels.
Requires the Congressional Budget Office (CBO) to include in reports to budget committees certain current year comparisons and a table on sources of spending growth under current law in total mandatory spending for the budget year and the ensuing four fiscal years.
Requires the CBO to include in cost estimates of pending legislation a comparison of prior year spending levels to current year levels.
Requires the Comptroller General to report annually to the Congress all programs and activities with permanent appropriations or that fall within a specified definition of spending authority. | {"src": "billsum_train", "title": "Baseline Reform Act of 1994"} | 1,489 | 349 | 0.577092 | 1.527353 | 0.84532 | 4.643333 | 4.67 | 0.916667 |
SECTION 1. POLICY TOWARD THE FORMER SOVIET UNION.
(a) Findings.--The Congress finds that--
(1) if the transformation of the totalitarian Soviet Union
to independent states does not result in the creation of free
market economies and functioning democracies, there is a real
threat of economic and social collapse, the reemergence of
threatening totalitarian states, and the continued rapid
production of conventional weapons and weapons of mass
destruction;
(2) the national security interests of the United States
are best served by stable, democratic societies and free
markets in Russia and the other former Soviet republics;
(3) the economic interests of the United States are best
served by the full integration of Russia and the other former
Soviet republics into world markets; and
(4) the transformation into working democracies with open
market economies is primarily the responsibility of the former
republics themselves, but the rest of the world can make
significant contributions to this effort, linking such
contributions to well-planned reform programs.
(b) Policy.--It is the sense of the Congress that--
(1) it should be the goal of United States policy toward
the former Soviet Union to help Russia and the other former
Soviet republics, and the Baltic states, achieve economic and
political stability through the establishment of democratic
states with free market economies that are integrated into the
international market economy and political community;
(2) the President should immediately begin consultations
with the Congress with respect to, and promptly prepare and
transmit to the Congress, a comprehensive plan to assist
Russia, and those former Soviet republics with democratically
elected governments which are moving toward free market
economies; and
(3) this plan should include expeditious action--
(A) to provide prompt humanitarian assistance when
necessary to prevent life-threatening shortages of food
and urgently needed medical supplies;
(B) to combat the proliferation of nuclear weapons
and components and nuclear weapons technology;
(C) to provide technical and economic assistance to
facilitate the emergence of free market economies and
democratic institutions; and
(D) to help the former Soviet republics draft laws,
establish political and legal structures, and build
institutions that facilitate open, democratic, free
market societies that protect individual rights.
SEC. 2. REPAYMENT ARRANGEMENTS FOR UNITED STATES ASSISTANCE.
(a) Reimbursement Arrangements.--Assistance provided to Russia and
other former Soviet republics, or any successor entity, shall be
conditioned, to the extent that the President determines to be
appropriate after consultation with the recipient government, upon the
agreement of the recipient government to reimburse the United States
Government within seven years for the cost of such assistance from
natural resources or other materials available to the recipient
government.
(b) Reports to the Congress.--At the end of each fiscal year in
which assistance is provided to Russia and the other former Soviet
republics, the President shall provide a report to the Committee on
Foreign Affairs in the House, the Committee on Foreign Relations in the
Senate, the Committee on Armed Service of the House of Representatives
and Senate, and the Committee on Appropriations of the House of
Representatives and Senate, which shall at a minimum, set forth--
(1) determinations made by the President pertaining to
natural resource compensation in each case in which assistance
is provided to Russia or the other former republics;
(2) the status of any ongoing discussions regarding natural
resource compensation with governments who the President is
considering the provision of assistance;
(3) the amount, type and intended date of delivery of any
natural resource compensation agreed upon by recipient
governments;
(4) the amount, type, value and storage location of any
natural resource compensation received by the United States
Government for assistance to Russia or other former Soviet
republics.
(c) Use of Natural Resources as Repayment.--The President shall
encourage the reimbursement required under subsection (a) to be made
through the provision of natural resources, such as oil and petroleum
products, and those strategic and critical materials stockpiled under
the authority of section 4 of the Strategic and Critical Materials
Stock Piling Act (50 U.S.C. 98c).
SEC. 3. CONDITIONS UNDER WHICH ASSISTANCE IS PROHIBITED.
Notwithstanding any other provision of law, no assistance may be
provided by the United States to any government of a former Soviet
republic which--
(1) has not been freely and democratically chosen, or which
is not moving toward a free society, a free market economy, and
the privatization of most sectors of the economy;
(2) takes action to restrict the emigration of Jews or
Christians or otherwise discriminates against Jews or
Christians on the basis of their religion; or
(3) is providing military or economic assistance to Cuba,
North Korea, Vietnam, Angola, or any organization in any
country which seeks the violent overthrow of a democratically
elected government. | Competitive Consumer Electronics Availability Act of 1995 - Requires the Federal Communications Commission to adopt regulations to assure competitive availability, to consumers of telecommunication services, of converter boxes, interactive communications devices, and other customer premises equipment from manufacturers, retailers, and other vendors not affiliated with any telecommunications system operator. Provides that such regulations shall not prohibit any telecommunications system operator from also offering devices and customer premises equipment to consumers if the system operator's charges to consumers for such devices and equipment are separately stated and not bundled with or subsidized by charges for any telecommunications service.
Authorizes the Commission to waive a regulation adopted pursuant to this Act for a limited time upon an appropriate showing by a telecommunications system operator that such waiver is necessary to the introduction of a new telecommunications service. | {"src": "billsum_train", "title": "To provide the President with the authority to negotiate agreements with the Government of Russia, and other former Soviet republics, providing economic assistance in return for reimbursement from natural resources, and for other purposes."} | 1,019 | 182 | 0.296556 | 0.850362 | 0.594921 | 0.578231 | 6.714286 | 0.482993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ricky Ray Hemophilia Relief Fund Act
of 1995''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) approximately \1/2\ of all individuals in the United
States who suffer from blood-clotting disorders, such as
hemophilia, were exposed, through the use of blood-clotting
agents, to human immunodeficiency virus (HIV), which causes the
fatal illness known as acquired immune deficiency syndrome
(AIDS);
(2) the Federal Government has a shared responsibility with
the blood-products industry for protecting the safety of the
blood supply of the Nation and for regulating the safety of
blood-clotting agents;
(3) blood and blood derivatives (including blood-clotting
agents) are subject to more stringent regulation by the Federal
Government than are most products regulated under the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), because
blood and blood derivatives are subject to regulation under the
Public Health Service Act (42 U.S.C. 201 et seq.) as well as
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et
seq.);
(4) individuals with blood-clotting disorders, such as
hemophilia, were at an unusually high and largely preventable
risk of contracting HIV during the period beginning in 1980
(when technology became available to pasteurize blood-clotting
agents) and ending in 1987 (when the last mass recall of
contaminated anti-hemophilic factor (AHF) occurred);
(5) during the period beginning in 1980 and ending in 1987,
despite growing concerns about blood-borne viruses such as
hepatitis and HIV, the Federal Government did not require the
blood-products industry to use available technology to ensure
the safety of blood products that were allowed on the market
for sale to individuals with blood-clotting disorders, such as
hemophilia;
(6) the Federal Government did not require that, to allow
for fully informed decisionmaking regarding treatment options,
the blood-products industry provide directly to individuals
with blood-clotting disorders, such as hemophilia, all
available information about the risks of contaminated blood
products;
(7) the Federal Government failed to fulfill its
responsibility to properly regulate the blood-products
industry, and thus exposed individuals with blood-clotting
disorders, such as hemophilia, and their families to potential
infection with a fatal disease;
(8) 17 other developed countries have established
government compensation programs to assist individuals with
blood-clotting disorders, such as hemophilia, who were infected
with HIV;
(9) individuals with blood-clotting disorders, such as
hemophilia, who have HIV infections incur annual medical costs
that often exceed $150,000, due to the expense of the necessary
medications and the complications caused by the combination of
the 2 illnesses;
(10) Ricky Ray was born with hemophilia and, like his 2
younger brothers and thousands of others, became infected with
the deadly HIV through use of contaminated blood-clotting
products;
(11) Ricky Ray and his family have brought national
attention to the suffering of individuals with blood-clotting
disorders, such as hemophilia, and their families, who have
been devastated by HIV; and
(12) Ricky Ray died at the age of 15 on December 13, 1992,
of hemophilia-associated AIDS, and this Act should bear his
name.
(b) Purpose.--It is the purpose of this Act to establish a
procedure to make partial restitution to individuals who were infected
with HIV after treatment, during the period beginning in 1980 and
ending in 1987, with contaminated blood products.
SEC. 3. TRUST FUND.
(a) Establishment.--There is established in the Treasury of the
United States a trust fund to be known as the ``Ricky Ray Hemophilia
Relief Fund'', which shall be administered by the Secretary of the
Treasury.
(b) Investment of Amounts in Fund.--Amounts in the Fund shall be
invested in accordance with section 9702 of title 31, United States
Code, and any interest on and proceeds from any such investment shall
be credited to and become part of the Fund.
(c) Availability of Fund.--Amounts in the Fund shall be available
only for disbursement by the Attorney General under section 5.
(d) Termination.--The Fund shall terminate upon the expiration of
the 5-year period beginning on the date of the enactment of this Act.
If all of the amounts in the Fund have not been expended by the end of
the 5-year period, investments of amounts in the Fund shall be
liquidated, the receipts of such liquidation shall be deposited in the
Fund, and all funds remaining in the Fund shall be deposited in the
miscellaneous receipts account in the Treasury of the United States.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Fund to carry out this Act $1,000,000,000.
SEC. 4. CLAIMS RELATING TO BLOOD-CLOTTING DISORDERS AND HIV.
Any individual who submits to the Attorney General written medical
documentation that the individual has an HIV infection shall receive
$125,000, from amounts available in the Fund, if each of the following
conditions is met:
(1) Characteristics of individual.--The individual is
described in 1 of the following subparagraphs:
(A) The individual has any form of blood-clotting
disorder, such as hemophilia, and was treated with
blood-clotting agents (in the form of blood components
or blood products) at any time during the period
beginning on January 1, 1980, and ending on December
31, 1987.
(B) The individual--
(i) is the lawful spouse of an individual
described in subparagraph (A); or
(ii) is the former lawful spouse of an
individual described in subparagraph (A) and
was the lawful spouse of the individual at any
time after a date, within the period described
in such subparagraph, on which the individual
was treated as described in such subparagraph.
(C) The individual acquired the HIV infection
through perinatal transmission from a parent who is an
individual described in subparagraph (A) or (B).
(2) Claim.--A claim for the payment is filed with the
Attorney General by or on behalf of the individual.
(3) Determination.--The Attorney General determines, in
accordance with section 5(b), that the claim meets the
requirements of this Act.
SEC. 5. DETERMINATION AND PAYMENT OF CLAIMS.
(a) Establishment of Filing Procedures.--The Attorney General shall
establish procedures under which individuals may submit claims for
payment under this Act. The procedures shall include a requirement that
each claim filed under this Act include written medical documentation
that the relevant individual described in section 4(1)(A) has a blood-
clotting disorder, such as hemophilia, and was treated as described in
such section.
(b) Determination of Claims.--For each claim filed under this Act,
the Attorney General shall determine whether the claim meets the
requirements of this Act.
(c) Payment of Claims.--
(1) In general.--The Attorney General shall pay, from
amounts available in the Fund, each claim that the Attorney
General determines meets the requirements of this Act.
(2) Payments in case of deceased individuals.--
(A) In general.--In the case of an individual
referred to in section 4 who is deceased at the time
that payment is made under this section on a claim
filed by or on behalf of the individual, the payment
shall be made to the estate of the individual, if such
an estate exists. If no such estate exists, the payment
may be made only as follows:
(i) If the individual is survived by a
spouse who is living at the time of payment,
the payment shall be made to such surviving
spouse.
(ii) If the individual is not survived by a
spouse described in clause (i), the payment
shall be made in equal shares to all children
of the individual who are living at the time of
the payment.
(iii) If the individual is not survived by
a person described in clause (i) or (ii), the
payment shall be made in equal shares to the
parents of the individual who are living at the
time of payment.
(B) Filing of claim by estate or survivor.--If an
individual eligible for payment under section 4 dies
before filing a claim under this Act--
(i) the estate of the individual, if such
an estate exists, may file a claim for payment
under this Act on behalf of the individual; or
(ii) if no such estate exists, a survivor
of the individual may file a claim for payment
under this Act on behalf of the individual if
the survivor may receive payment under
subparagraph (A).
(C) Definitions.--For purposes of this paragraph:
(i) The term ``spouse'' means an individual
who was lawfully married to the relevant
individual.
(ii) The term ``child'' includes a
recognized natural child, a stepchild who lived
with the relevant individual in a regular
parent-child relationship, and an adopted
child.
(iii) The term ``parent'' includes fathers
and mothers through adoption.
(3) Timing of payment.--The Attorney General may not make a
payment on a claim under this Act before the expiration of the
90-day period beginning on the date of the enactment of this
Act or after the expiration of the 5-year period beginning on
the date of the enactment of this Act.
(4) Choice of payment methods.--An individual whom the
Attorney General determines to be entitled to a payment under
subsection (c)(1) may choose to receive the payment in the form
of--
(A) a lump sum of $125,000, which shall be paid not
later than 90 days after the Attorney General
determines that the individual is entitled to receive
payment under subsection (c)(1); or
(B) 4 subpayments, of which--
(i) the 1st subpayment shall consist of
$50,000 and shall be paid not later than 90
days after the Attorney General determines that
the individual is entitled to receive payment
under subsection (c)(1); and
(ii) the 2d, 3d, and 4th subpayments
shall each consist of $25,000 and shall each be paid upon the
expiration of the 6-month period beginning on the date of the preceding
subpayment.
(d) Action on Claims.--The Attorney General shall complete the
determination required by subsection (b) regarding a claim not later
than 90 days after the claim is filed under this Act.
(e) Payment in Full Settlement of Claims Against United States.--
Payment under this Act, when accepted by an individual described in
section 4 or by the estate of or a survivor of such an individual on
behalf of the individual, shall be in full satisfaction of all claims
of or on behalf of the individual against the United States (but not
against any other person or entity) that arise out of both an HIV
infection and treatment, at any time during the period beginning on
January 1, 1980, and ending on December 31, 1987, with blood-clotting
agents (in the form of blood components or blood products).
(f) Administrative Costs Not Paid From Fund.--No costs incurred by
the Attorney General in carrying out this Act may be paid from the Fund
or set off against, or otherwise deducted from, any payment made under
subsection (c)(1).
(g) Termination of Duties of Attorney General.--The duties of the
Attorney General under this section shall cease when the Fund
terminates.
(h) Treatment of Payments Under Other Laws.--A payment under
subsection (c)(1) to an individual or an estate--
(1) shall be treated for purposes of the internal revenue
laws of the United States as damages received on account of
personal injuries or sickness; and
(2) shall not be included as income or resources for
purposes of determining the eligibility of the individual to
receive benefits described in section 3803(c)(2)(C) of title
31, United States Code, or the amount of such benefits.
(i) Use of Existing Resources.--The Attorney General should use
funds and resources available to the Attorney General to carry out the
functions of the Attorney General under this Act.
(j) Regulatory Authority.--The Attorney General may issue
regulations necessary to carry out this Act.
(k) Time of Issuance of Regulations, Guidelines, and Procedures.--
The initial regulations, guidelines, and procedures to carry out this
Act shall be issued not later than 90 days after the date of the
enactment of this Act.
(l) Judicial Review.--An individual whose claim for compensation
under this Act is denied may seek judicial review solely in a district
court of the United States. The court shall review the denial on the
administrative record and shall hold unlawful and set aside the denial
if the denial is arbitrary, capricious, an abuse of discretion, or
otherwise not in accordance with law.
SEC. 6. LIMITATION ON TRANSFER AND NUMBER OF CLAIMS.
(a) Claims Not Assignable or Transferable.--A claim under this Act
shall not be assignable or transferable.
(b) 1 Claim With Respect to Each Victim.--With respect to each
individual described in subparagraph (A), (B), or (C) of section 4(1),
the Attorney General may not pay more than 1 claim filed to receive
compensation under this Act for the harm suffered by the individual.
SEC. 7. LIMITATIONS ON CLAIMS.
The Attorney General may not pay any claim filed under this Act
unless the claim is filed within 3 years after the date of the
enactment of this Act.
SEC. 8. CERTAIN CLAIMS NOT AFFECTED BY PAYMENT.
A payment made under section 5(c)(1) shall not be considered as any
form of compensation, or reimbursement for a loss, for purposes of
imposing liability on the individual receiving the payment, on the
basis of such receipt, to repay any insurance carrier for insurance
payments or to repay any person on account of worker's compensation
payments. A payment under this Act shall not affect any claim against
an insurance carrier with respect to insurance or against any person
with respect to worker's compensation.
SEC. 9. LIMITATION ON AGENT AND ATTORNEY FEES.
Notwithstanding any contract, the representative of an individual
may not receive, for services rendered in connection with the claim of
an individual under this Act, more than 5 percent of a payment made
under this Act on the claim. Any such representative who violates this
section shall be fined not more than $50,000.
SEC. 10. DEFINITIONS.
For purposes of this Act:
(1) The term ``AIDS'' means acquired immune deficiency
syndrome.
(2) The term ``Fund'' means the Ricky Ray Hemophilia Relief
Fund.
(3) The term ``HIV'' means human immunodeficiency virus. | Ricky Ray Hemophilia Relief Fund Act of 1995 - Establishes in the U.S. Treasury the Ricky Ray Hemophilia Relief Fund. Authorizes appropriations.
Specifies that any individual who submits to the Attorney General written medical documentation that the individual has a human immunodeficiency virus (HIV) infection shall receive $125,000 from amounts available in the Fund if the individual: (1) has a blood-clotting disorder and was treated with blood-clotting agents between January 1, 1980, and December 31, 1987; (2) is the lawful spouse of such individual or the former lawful spouse and was the lawful spouse of the individual at any time after a date within such period on which the individual was treated; or (3) acquired the HIV infection through perinatal transmission from a parent who is such an individual. Requires that a claim for payment be filed with the Attorney General by or on behalf of such individual and that the Attorney General determine that the claim meets the requirements of this Act.
Specifies that a claim under this Act shall not be assignable or transferable. Sets limits regarding the number of claims per victim. Prohibits the Attorney General from paying claims filed under this Act unless filed within three years after this Act's enactment. | {"src": "billsum_train", "title": "Ricky Ray Hemophilia Relief Fund Act of 1995"} | 3,327 | 283 | 0.497925 | 1.869576 | 0.638209 | 3.987342 | 12.932489 | 0.924051 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Treatment on Demand Assistance
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) According to the Department of Health and Human
Services, each year drug and alcohol related abuse kills more
than 120,000 Americans.
(2) In 1999, an estimated 14,800,000 Americans were current
illicit drug users.
(3) States across the country are faced with increasing
demands for drug treatment programs.
(4) In addition, methamphetamine abuse continues to be on
the rise. Methamphetamine abuse accounts for 5.1 percent of all
treatment admissions, which was the fourth highest percentage
after cocaine, heroin, and marijuana.
(5) Current statistics show that methamphetamine use is
increasing rapidly especially among the nation's youth.
(6) There are over 2,800,000 substance abusers in America
in need of treatment.
(7) This number exceeds the 2,137,100 persons receiving
treatment.
(8) Recent reports indicate that every additional dollar
invested in substance abuse treatment saves taxpayers $7.46 in
societal costs.
(9) In California, the average cost to taxpayers per
inmate, per year, is $23,406 versus the national average cost
of $4,300 for a full treatment program.
(10) Drugs and alcohol cost taxpayers nearly
$276,000,000,000 annually in preventable health care costs,
extra law enforcement, auto crashes, crime and lost
productivity versus $3,100,000,000 appropriated for substance
abuse-related activities in fiscal year 2000.
(11) Nationwide, 59 percent of police chiefs believe that
drug offenders are served better by participation in treatment
programs versus prisons only.
(12) Current treatment on demand programs such as those in
San Francisco and Baltimore focus on the specific drug abuse
needs of the local community and should be encouraged.
(13) Many States have developed programs designed to treat
non-violent drug offenders and this should be encouraged.
(14) Drug treatment prevention programs must be increased
in order to effectively address the needs of those actively
seeking treatment before they commit a crime.
SEC. 3. PURPOSE.
It is the purpose of this Act to--
(1) assist individuals who seek the services of drug abuse
treatment programs by providing them with treatment on demand;
(2) provide assistance to help eliminate the backlog of
individuals on waiting lists to obtain drug treatment for their
addictions;
(3) enhance public safety by reducing drug-related crimes
and preserving jails and prison cells for serious and violent
criminal offenders;
(4) complement the efforts of law enforcement by providing
additional funding to expand current community-based treatment
efforts and prevent the recidivism of those currently in the
correctional system; and
(5) assist States in the implementation of alternative drug
treatment programs that divert non-violent drug offenders to
treatment programs that are more suited for the rehabilitation
of drug offenders.
SEC. 4. DEFINITIONS.
In this Act:
(1) Non-violent.--The term ``non-violent'' with respect to
a criminal offense means an offense that is not a crime of
violence as defined under the applicable State law.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(3) State.--The term ``State'' means each of the 50 States,
the District of Columbia and the Commonwealth of Puerto Rico.
SEC. 5. GRANTS FOR THE EXPANSION OF CAPACITY FOR PROVIDING TREATMENT.
Subpart 1 of part B of title V of the Public Health Service Act (42
U.S.C. 290bb et seq.), as amended by sections 3104 and 3632 of the
Youth Drug and Mental Health Services Act (Public Law 106-310), is
amended--
(1) by redesignating the section 514 relating to the
methamphetamine and amphetamine treatment initiative as section
514B and inserting such section after section 514A; and
(2) and by adding at the end the following:
``SEC. 514C. TREATMENT ON DEMAND.
``(a) In General.--The Secretary, acting through the Director of
the Center for Substance Abuse Treatment, shall--
``(1) award grants, contracts, or cooperative agreements to
public and private nonprofit entities, including Native Alaskan
entities and Indian tribes and tribal organizations; and
``(2) award block grants to States;
for the purpose of providing substance abuse treatment services.
``(b) Eligibility.--
``(1) In general.--To be eligible to receive a grant,
contract, or cooperative agreement under subsection (a) an
entity or a State shall provide assurances to the Secretary
that amounts received under such grant, contract, or agreement
will only be used for substance abuse treatment programs that
have been certified by the State as using licensed or certified
providers.
``(2) Application.--An entity or State desiring a grant,
contract, or cooperative agreement under subsection (a) shall
submit an application to the Secretary at such time, in such
manner, and accompanied by such information as the Secretary
may reasonably require.
``(3) Priority.--In awarding grants, contracts, or
cooperative agreements to entities under subsection (a)(1), the
Secretary shall give priority to applicants who propose to
eliminate the waiting lists for substance abuse treatment on
demand programs in local communities with high incidences of
drug use.
``(c) Amount.--
``(1) Public and private nonprofit entities.--The amount of
each grant, contract, or cooperative agreement awarded to a
public or private nonprofit entity under subsection (a)(1)
shall be determined by the Secretary based on the application
submitted by such an entity.
``(2) States.--The amount of a block grant awarded to a
State under subsection (a)(2) shall be determined by the
Secretary based on the formula contained in section 1933.
``(d) Duration of Grants.--The Secretary shall award grants,
contracts, or cooperative agreements under subsection (a) for periods
not to exceed 5 fiscal years.
``(e) Requirement of Matching Funds.--
``(1) In general.--Subject to paragraph (3), the Director
may not make a grant, contract or cooperative agreement under
subsection (a) unless the entity or State involved agrees, with
respect to the costs of the program to be carried out by the
entity or State pursuant to such subsection, to make available
(directly or through donations from public or private entities)
non-Federal contributions toward such costs in an amount that
is--
``(A) for the first fiscal year for which the
entity or State receives such a grant, contract or
cooperative agreement, not less than $1 for each $9 of
Federal funds provided in the grant, contract or
cooperative agreement;
``(B) for any second or third such fiscal year, not
less than $1 for each $5 of Federal funds provided in
the grant, contract or cooperative agreement; and
``(C) for any subsequent such fiscal year, not less
than $1 for each $3 of Federal funds provided in the
grant, contract or cooperative agreement.
``(2) Determination of amount of non-federal
contribution.--Non-Federal contributions required in paragraph
(1) may be in cash or in kind, fairly evaluated, including
plant, equipment, or services. Amounts provided by the Federal
Government, or services assisted or subsidized to any
significant extent by the Federal Government, may not be
included in determining the amount of such non-Federal
contributions.
``(3) Waiver.--The Director may waive the requirement
established in paragraph (1) if the Director determines--
``(A) that extraordinary economic conditions in the
area to be served by the entity or State involved
justify the waiver; or
``(B) that other circumstances exist with respect
to the entity or State that justify the waiver,
including the limited size of the entity or State or
the ability of the entity or State to raise funds.
``(f) Evaluation.--An entity or State that receives a grant,
contract, or cooperative agreement under subsection (a) shall submit,
in the application for such grant, contract, or cooperative agreement,
a plan for the evaluation of any project undertaken with funds provided
under this section. Such entity or State shall provide the Secretary
with periodic evaluations of the progress of such project and such
evaluation at the completion of such project as the Secretary
determines to be appropriate.
``(g) Use for Construction.--A grantee under this section may use
up to 25 percent of the amount awarded under the grant, contract or
cooperative agreement under this section for the costs of construction
or major renovation of facilities to be used to provide substance abuse
treatment services and for facility maintenance.
``(h) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section--
``(A) $600,000,000 for fiscal year 2002;
``(B) $1,200,000,000 for fiscal year 2003;
``(C) $1,800,000,000 for fiscal year 2004;
``(D) $2,400,000,000 for fiscal year 2005; and
``(E) $3,000,000,000 for fiscal year 2006.
``(2) Allocation of funds.--From the amount appropriated
under paragraph (1) for each fiscal year, the Secretary shall
allocate--
``(A) 50 percent of such amount to award grants,
contracts, or cooperative agreements to public or
nonprofit private entities under subsection (a)(1); and
``(B) 50 percent of such amount to award grants to
States under subsection (a)(2).''.
SEC. 6. ALTERNATIVE TREATMENT PROGRAMS.
(a) Grants.--The Attorney General, in consultation with the
Secretary, shall award grants to eligible States to enable such States,
either directly or through the provision of assistance to counties or
local municipalities, to provide drug treatment services to
individuals who have been convicted of non-violent drug possession
offenses and diverted from incarceration because of the enrollment of
such individuals into community-based drug treatment programs.
(b) Eligibility.--To be eligible to receive a grant under this
section a State shall--
(1) be implementing an alternative drug treatment program
under which any individual in the State who has been convicted
of a non-violent drug possession offense may be enrolled in an
appropriate drug treatment program as an alternative to
incarceration; and
(2) prepare and submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require.
(c) Use of Funds.--Amounts provided to a State under a grant under
this section may be used by the State (or by State or local entities
that receive funding from the State under this section) to pay expenses
associated with--
(1) the construction of treatment facilities;
(2) payments to related drug treatment services providers
that are necessary for the effectiveness of the program,
including aftercare supervision, vocational training,
education, and job placement;
(3) drug testing;
(4) probation services;
(5) counseling, including mental health services; and
(6) the operation of drug courts.
(d) Matching Requirement.--Funds may not be provided to a State
under this section unless the State agrees that, with respect to the
costs to be incurred by the State in carrying out the drug treatment
program involved, the State will make available (directly or through
donations from public or private entities) non-Federal contributions
toward such costs in an amount that is at least equal to the amount of
Federal funds provided to the State under this section.
(e) Authorization of Appropriations.--There is authorized to carry
out this section, $250,000,000 for each of fiscal years 2002 through
2006.
SEC. 7. STUDY BY THE GENERAL ACCOUNTING OFFICE.
(a) In General.--The General Accounting Office shall conduct a
study of the use of funds under this Act and the amendments made by
this Act. In conducting such study, the Office shall make
determinations as to whether such funding meets, exceeds, or falls
short of the level of funding needed to provide substance abuse
treatment to those in need.
(b) Reports.--The General Accounting Office shall prepare and
submit to the appropriate committees of Congress an interim and final
report concerning the study conducted under subsection (a). The reports
required under this subsection shall be submitted--
(1) with respect to the interim report, not later than 2
years after the date of enactment of this Act; and
(2) with respect to the final report, not later than 4
years after the date of enactment of this Act. | Treatment on Demand Assistance Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Director of the Center for Substance Abuse Treatment, to, for the purpose of providing substance abuse treatment services: (1) award grants, contracts, or cooperative agreements to public and private nonprofit entities, including Native Alaskan entities and Indian tribes and tribal organizations; and (2) award block grants to States. Requires giving priority in awarding grants to applicants proposing to eliminate waiting lists of treatment on demand programs.Directs the Attorney General, in consultation with the Secretary, shall award grants to eligible States to enable such States, either directly or through the provision of assistance to counties or local municipalities, to provide drug treatment services to individuals who have been convicted of non-violent drug possession offenses and diverted from incarceration because of the enrollment of such individuals into community-based drug treatment programs.Requires a study by the General Accounting Office of the use funds under this Act. | {"src": "billsum_train", "title": "To provide assistance to States to expand and establish drug abuse treatment programs to enable such programs to provide services to individuals who voluntarily seek treatment for drug abuse."} | 2,736 | 214 | 0.462572 | 1.30518 | 0.710225 | 7.295337 | 13.585492 | 0.963731 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Accountability and Transparency in
Medicare Marketing Act of 2007''.
SEC. 2. STANDARDIZED MARKETING REQUIREMENTS UNDER THE MEDICARE
ADVANTAGE AND MEDICARE PRESCRIPTION DRUG PROGRAMS.
(a) Medicare Advantage Program.--
(1) In general.--Section 1856 of the Social Security Act
(42 U.S.C. 1395w-26) is amended--
(A) in subsection (b)(1), by inserting ``or
subsection (c)'' after ``subsection (a)''; and
(B) by adding at the end the following new
subsection:
``(c) Standardized Marketing Requirements.--
``(1) Development by the naic.--
``(A) Requirements.--The Secretary shall request
the National Association of Insurance Commissioners (in
this subsection referred to as the `NAIC') to--
``(i) develop standardized marketing
requirements for Medicare Advantage
organizations with respect to Medicare
Advantage plans and PDP sponsors with respect
to prescription drug plans under part D; and
``(ii) submit a report containing such
requirements to the Secretary by not later than
the date that is 9 months after the date of
enactment of this subsection.
``(B) Prohibited activities.--Such requirements
shall prohibit the following:
``(i) Cross-selling of non-Medicare
products or services with products or services
offered by a Medicare Advantage plan or a
prescription drug plan under part D.
``(ii) Up-selling from prescription drug
plans under part D to Medicare Advantage plans.
``(iii) Telemarketing (including cold
calling) conducted by an organization with
respect to a Medicare Advantage plan or a PDP
sponsor with respect to a prescription drug
plan under part D (or by an agent of such an
organization or sponsor).
``(iv) A Medicare Advantage organization or
a PDP sponsor providing cash or other monetary
rebates as an inducement for enrollment or
otherwise.
``(C) Election form.--Such requirements may
prohibit a Medicare Advantage organization or a PDP
sponsor (or an agent of such an organization or
sponsor) from completing any portion of any election
form used to carry out elections under section 1851 or
1860D-1 on behalf of any individual.
``(D) Agent and broker commissions.--Such
requirements shall establish standards--
``(i) for fair and appropriate commissions
for agents and brokers of Medicare Advantage
organizations and PDP sponsors, including a
prohibition on extra bonuses or incentives; and
``(ii) for the disclosure of such
commissions.
``(E) Certain conduct of agents.--Such requirements
shall address the conduct of agents engaged in on-site
promotion at a facility of an organization with which
the Medicare Advantage organization or PDP sponsor has
a co-branding relationship.
``(F) Other standards.--Such requirements may
establish such other standards relating to marketing
under Medicare Advantage plans and prescription drug
plans under part D as the NAIC determines appropriate.
``(2) Implementation of requirements.--
``(A) Adoption of naic developed requirements.--If
the NAIC develops standardized marketing requirements
and submits the report pursuant to paragraph (1), the
Secretary shall promulgate regulations for the adoption
of such requirements. The Secretary shall ensure that
such regulations take effect not later than the date
that is 10 months after the date of enactment of this
subsection.
``(B) Requirements if naic does not submit
report.--If the NAIC does not develop standardized
marketing requirements and submit the report pursuant
to paragraph (1), the Secretary shall promulgate
regulations for standardized marketing requirements for
Medicare Advantage organizations with respect to
Medicare Advantage plans and PDP sponsors with respect
to prescription drug plans under part D. Such
regulations shall prohibit the conduct described in
paragraph (1)(B), may prohibit the conduct described in
paragraph (1)(C), shall establish the standards
described in paragraph (1)(D), shall address the
conduct described in paragraph (1)(E), and may
establish such other standards relating to marketing
under Medicare Advantage plans and prescription drug
plans as the Secretary determines appropriate. The
Secretary shall ensure that such regulations take
effect not later than the date that is 10 months after
the date of enactment of this subsection.
``(C) Consultation.--In establishing requirements
under this subsection, the NAIC or Secretary (as the
case may be) shall consult with a working group
composed of representatives of Medicare Advantage
organizations and PDP sponsors, consumer groups, and
other qualified individuals. Such representatives shall
be selected in a manner so as to insure balanced
representation among the interested groups.
``(3) State reporting of violations of standardized
marketing requirements.--The Secretary shall request that
States report any violations of the standardized marketing
requirements under the regulations under subparagraph (A) or
(B) of paragraph (2) to national and regional offices of the
Centers for Medicare & Medicaid Services.
``(4) Report.--The Secretary shall submit an annual report
to Congress on the enforcement of the standardized marketing
requirements under the regulations under subparagraph (A) or
(B) of paragraph (2), together with such recommendations as the
Secretary determines appropriate. Such report shall include--
``(A) a list of any alleged violations of such
requirements reported to the Secretary by a State, a
Medicare Advantage organization, or a PDP sponsor; and
``(B) the disposition of such reported
violations.''.
(2) State authority to enforce standardized marketing
requirements.--
(A) In general.--Section 1856(b)(3) of the Social
Security Act (42 U.S.C. 1395w-26(b)(3)) is amended--
(i) by striking ``or State'' and inserting
``, State''; and
(ii) by inserting ``, or State laws or
regulations enacting the standardized marketing
requirements under subsection (c)'' after
``plan solvency''.
(B) No preemption of state sanctions.--Nothing in
title XVIII of the Social Security Act or the
provisions of, or amendments made by, this Act, shall
be construed to prohibit a State from imposing
sanctions against Medicare Advantage organizations, PDP
sponsors, or agents or brokers of such organizations or
sponsors for violations of the standardized marketing
requirements under subsection (c) of section 1856 of
the Social Security Act (as added by paragraph (1)) as
enacted by that State.
(3) Conforming amendment.--Section 1851(h)(4) of the Social
Security Act (42 U.S.C. 1395w-21(h)(4)) is amended by adding at
the end the following flush sentence:
``Beginning on the effective date of the implementation of the
regulations under subparagraph (A) or (B) of section
1856(c)(2), each Medicare Advantage organization with respect
to a Medicare Advantage plan offered by the organization (and
agents of such organization) shall comply with the standardized
marketing requirements under section 1856(c).''.
(b) Medicare Prescription Drug Program.--Section 1860D-4 of the
Social Security Act (42 U.S.C. 1395w-104) is amended by adding at the
end the following new subsection:
``(l) Standardized Marketing Requirements.--A PDP sponsor with
respect to a prescription drug plan offered by the sponsor (and agents
of such sponsor) shall comply with the standardized marketing
requirements under section 1856(c).''.
SEC. 3. STATE CERTIFICATION PRIOR TO WAIVER OF LICENSURE REQUIREMENTS
UNDER MEDICARE PRESCRIPTION DRUG PROGRAM.
(a) In General.--Section 1860D-12(c) of the Social Security Act (42
U.S.C. 1395w-112(c)) is amended--
(1) in paragraph (1)(A), by striking ``In the case'' and
inserting ``Subject to paragraph (5), in the case''; and
(2) by adding at the end the following new paragraph:
``(5) State certification required.--
``(A) In general.--The Secretary may only grant a
waiver under paragraph (1)(A) if the Secretary has
received a certification from the State insurance
commissioner that the prescription drug plan has a
substantially complete application pending in the
State.
``(B) Revocation of waiver upon finding of fraud
and abuse.--The Secretary shall revoke a waiver granted
under paragraph (1)(A) if the State insurance
commissioner submits a certification to the Secretary
that the recipient of such a waiver--
``(i) has committed fraud or abuse with
respect to such waiver;
``(ii) has failed to make a good faith
effort to satisfy State licensing requirements;
or
``(iii) was determined ineligible for
licensure by the State.''.
(b) Effective Date.--The amendments made by paragraph (1) shall
apply with respect to plan years beginning on or after January 1, 2008.
SEC. 4. NAIC RECOMMENDATIONS ON THE ESTABLISHMENT OF STANDARDIZED
BENEFIT PACKAGES FOR MEDICARE ADVANTAGE PLANS AND
PRESCRIPTION DRUG PLANS.
Not later than 30 days after the date of enactment of this Act, the
Secretary of Health and Human Services shall request the National
Association of Insurance Commissioners to establish a committee to
study and make recommendations to the Secretary and Congress on--
(1) the establishment of standardized benefit packages for
Medicare Advantage plans under part C of title XVIII of the
Social Security Act and for prescription drug plans under part
D of such Act; and
(2) the regulation of such plans. | Accountability and Transparency in Medicare Marketing Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to request the National Association of Insurance Commissioners (NAIC) to develop standardized marketing requirements for Medicare Advantage organizations with respect to Medicare Advantage plans and prescription drug plan (PDP) sponsors with respect to Medicare PDPs. Requires such requirements to prohibit certain activities including the cross-selling of non-Medicare products or services with products or services offered by a Medicare Advantage plan or a Medicare PDP.
Provides for state certification prior to waiver of licensing requirements under the Medicare PDP.
Directs the Secretary of Health and Human Services to request NAIC to establish a committee to study and make recommendations to the Secretary and Congress on the establishment of standardized benefit packages for Medicare Advantage plans and for Medicare PDPs and their regulation. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to provide for standardized marketing requirements under the Medicare Advantage Program and the Medicare Prescription Drug Program and to provide for State certification prior to waiver of licensure requirements under the Medicare Prescription Drug Program, and for other purposes."} | 2,200 | 195 | 0.617368 | 1.601736 | 0.807366 | 4.242424 | 11.569697 | 0.945455 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mortgage Disclosure Enhancement Act
of 2007''.
SEC. 2. AMENDMENTS TO THE TRUTH IN LENDING ACT.
The Truth In Lending Act (15 U.S.C. 1601 et seq.) is amended by
inserting after section 129 the following new section:
``SEC. 129A. ENHANCED MORTGAGE DISCLOSURES.
``(a) Definitions.--As used in this section, the term `mortgage
loan' means any consumer credit transaction in which a security
interest is or will be retained or acquired in any real property
located in the United States which is or, upon completion of the
transaction, will be used as the dwelling of the consumer.
``(b) Disclosures for Mortgage Loans.--Subject to the rules of the
Board, with respect to a mortgage loan, the creditor shall disclose to
the consumer, in addition to any other disclosures required under this
title--
``(1) the amount of the loan;
``(2) the percentage of the loan, as compared to the
appraised value of the property;
``(3) the term of the loan;
``(4) the monthly income of the borrower, as relied upon in
making the loan;
``(5) if the annual percentage rate of interest is fixed--
``(A) the applicable annual percentage rate of
interest for the loan;
``(B) the amount of the monthly payment on the
loan;
``(C) an estimate of the monthly payment, plus
taxes and insurance; and
``(D) the percentage of the stated monthly income
of the borrower represented by the monthly payment,
plus taxes and insurance;
``(6) if the annual percentage rate of interest is
variable--
``(A) the initial interest rate;
``(B) the duration of the initial interest rate;
``(C) an estimate of the monthly payment amount
associated with the initial interest rate;
``(D) an estimate of the monthly payment associated
with the initial interest rate, plus taxes and
insurance;
``(E) the percentage of the stated monthly income
of the borrower represented by the estimated monthly
payment associated with the initial interest rate, plus
taxes and insurance;
``(F) the date on which the interest rate will be
adjusted or reset;
``(G) the fully indexed rate (expressed as an
estimate of the interest rate after it is adjusted or
reset);
``(H) an estimate of the monthly payment amount
associated with the fully indexed interest rate;
``(I) the percentage of the stated monthly income
of the borrower represented by the estimated monthly
payment associated with the fully indexed interest
rate;
``(J) an estimate of the monthly payment associated
with the fully indexed rate, plus taxes and insurance;
and
``(K) an estimate of the maximum possible
applicable annual percentage rate of interest,
including language expressing that if there is no
maximum rate, the applicable State usury rate shall be
disclosed;
``(7) if the loan represents a subordinate lien (also
referred to as a `piggyback loan') on the real property
securing the loan, a brief statement that the loan is
subordinate to an existing primary lien, and that the amount of
the loan and estimated monthly payments described in the
disclosure are in addition to any amounts arising from existing
loan obligations;
``(8) in any case in which a prepayment fee or penalty may
be imposed with respect to the loan--
``(A) the amount of such fee or penalty; and
``(B) a brief description, in plain English, of the
circumstances or events which would trigger the
imposition of the prepayment fee or penalty;
``(9) in any case in which a balloon payment may be
required with respect to the loan--
``(A) the date on which the balloon payment is due,
and the estimated amount of the balloon payment; and
``(B) a brief statement, in plain English, that a
balloon payment mortgage does not fully pay off the
loan, that a large balloon payment of the remaining
principal will be required at the end of the loan term,
and that many borrowers must secure another loan to
make the balloon payment;
``(10) if the borrower has a `payment option' loan--
``(A) a disclosure that the loan is a payment
option loan; and
``(B) a brief statement, in plain English, that a
payment option loan has negative amortization, which
can result in the loan balance becoming higher than the
original amount of the loan, even if the borrower makes
all payments on time;
``(11) total points to be paid at closing, with an
explanation that points are a fee that the borrower pays to the
lender, expressed as a percentage of the total loan; and
``(12) the total actual closing costs, including points, if
known, and if not known, the total estimated closing costs,
including points.
``(c) Timing of Disclosures.--The disclosures required by this
section shall be provided to the consumer at the time of approval of
the mortgage loan, but in no case later than 7 days before the date on
which the mortgage loan is consummated.
``(d) Format.--Disclosures required by this section shall be
presented to the consumer in the form and manner which the Board shall
prescribe by regulation--
``(1) in a simple, clearly legible, and uniform tabular
format, in accordance with subsection (e);
``(2) to the extent possible, as a one-page, single
document;
``(3) when provided in conjunction with or at the same time
as other required written disclosures, as the first of such
documents; and
``(4) in an easily readable font size.
``(e) Tabular Format.--
``(1) In general.--In the regulations prescribed under
subsection (d)(1), the Board shall require that the disclosure
of such information shall be in the form of a table, which--
``(A) contains clear and concise headings for each
item of such information; and
``(B) provides a clear and concise form for stating
each item of information required to be disclosed under
each such heading.
``(2) Board discretion in prescribing order and wording of
table.--In prescribing the form of the table under paragraph
(1), the Board may--
``(A) list the items required to be included in the
table in a different order than the order in which such
items are set forth in subsection (b); and
``(B) employ terminology which is different from
the terminology employed in subsection (b), if such
terminology conveys substantially the same meaning.
``(f) Rules for Reduction of Time Limit of Disclosure Requirements
to 24 Hours.--The Board shall, by rule, provide for procedures to
reduce the time limit described in subsection (c) to 24 hours prior to
the consummation of the mortgage, to the extent that the Board
determines necessary and appropriate, except that such rules shall
provide for a time limit reduction only at the request of the borrower,
and only in those limited circumstances in which the borrower needs to
consummate the mortgage transaction in a more expedited manner than
would otherwise be permitted under this section.
``(g) Tolerances for Accuracy.--The provisions of section 106(f),
relating to tolerances for accuracy, and any rules of the Board issued
under that subsection, shall apply to disclosures required under this
section.''.
SEC. 3. AMENDMENT TO REAL ESTATE SETTLEMENT PROCEDURES.
Section 4 of the Real Estate Settlement Procedures Act of 1974 (12
U.S.C. 2603) is amended by adding at the end the following:
``(c) Truth in Lending Act Disclosures.--The form required under
section 129A of the Truth in Lending Act shall be provided to the
borrower at the time of settlement by the person conducting the
settlement, in addition to any other disclosures required by this Act.
In no case may a federally related mortgage loan be consummated if such
form has not been provided to the borrower, both at the time of the
approval of the loan, in accordance with that section 129A, and at
settlement.''. | Mortgage Disclosure Enhancement Act of 2007 - Amends the Truth In Lending Act to require additional mortgage loan disclosures by a creditor to a consumer, including: (1) ) the percentage of the loan, as compared to the appraised value of the property; (2) the term of the loan; (3) the monthly income of the borrower, as relied upon in making the loan; (4) the annual percentage rate of interest for loans that are fixed, and for loans that are variable; (5) prepayment fees; and (6) balloon payments.
Amends the Real Estate Settlement Procedures Act of 1974 to conform with this Act. | {"src": "billsum_train", "title": "A bill to provide for improved disclosures by all mortgage lenders at the loan approval and settlement stages of all mortgage loans."} | 1,839 | 135 | 0.583927 | 1.554204 | 0.684049 | 4.452381 | 14.039683 | 0.928571 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Airport and Airway
Extension Act of 2016''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--AIRPORT AND AIRWAY PROGRAMS
Sec. 101. Extension of airport improvement program.
Sec. 102. Extension of expiring authorities.
Sec. 103. Federal Aviation Administration operations.
Sec. 104. Air navigation facilities and equipment.
Sec. 105. Research, engineering, and development.
Sec. 106. Compliance with aviation funding requirement.
Sec. 107. Essential air service.
TITLE II--REVENUE PROVISIONS
Sec. 201. Expenditure authority from Airport and Airway Trust Fund.
Sec. 202. Extension of taxes funding Airport and Airway Trust Fund.
TITLE I--AIRPORT AND AIRWAY PROGRAMS
SEC. 101. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM.
(a) Authorization of Appropriations.--
(1) In general.--Section 48103(a) of title 49, United States
Code, is amended by striking ``$1,675,000,000 for the period
beginning on October 1, 2015, and ending on March 31, 2016'' and
inserting ``$2,652,083,333 for the period beginning on October 1,
2015, and ending on July 15, 2016.''.
(2) Obligation of amounts.--Subject to limitations specified in
advance in appropriation Acts, sums made available pursuant to the
amendment made by paragraph (1) may be obligated at any time
through September 30, 2016, and shall remain available until
expended.
(3) Program implementation.--For purposes of calculating
funding apportionments and meeting other requirements under
sections 47114, 47115, 47116, and 47117 of title 49, United States
Code, for the period beginning on October 1, 2015, and ending on
July 15, 2016, the Administrator of the Federal Aviation
Administration shall--
(A) first calculate such funding apportionments on an
annualized basis as if the total amount available under section
48103 of such title for fiscal year 2016 were $3,350,000,000;
and
(B) then reduce by 20.83 percent--
(i) all funding apportionments calculated under
subparagraph (A); and
(ii) amounts available pursuant to sections 47117(b)
and 47117(f)(2) of such title.
(b) Project Grant Authority.--Section 47104(c) of title 49, United
States Code, is amended, in the matter preceding paragraph (1), by
striking ``March 31, 2016,'' and inserting ``July 15, 2016,''.
SEC. 102. EXTENSION OF EXPIRING AUTHORITIES.
(a) Section 47107(r)(3) of title 49, United States Code, is amended
by striking ``April 1, 2016'' and inserting ``July 16, 2016''.
(b) Section 47115(j) of title 49, United States Code, is amended by
striking ``March 31, 2016'' and inserting ``July 15, 2016''.
(c) Section 47124(b)(3)(E) of title 49, United States Code, is
amended by striking ``$5,175,000 for the period beginning on October 1,
2015, and ending on March 31, 2016,'' and inserting ``$8,193,750 for
the period beginning on October 1, 2015, and ending on July 15,
2016,''.
(d) Section 47141(f) of title 49, United States Code, is amended by
striking ``March 31, 2016'' and inserting ``July 15, 2016''.
(e) Section 186(d) of the Vision 100--Century of Aviation
Reauthorization Act (117 Stat. 2518) is amended by striking ``March 31,
2016'' and inserting ``July 15, 2016''.
(f) Section 409(d) of the Vision 100--Century of Aviation
Reauthorization Act (49 U.S.C. 41731 note) is amended by striking
``March 31, 2016'' and inserting ``July 15, 2016''.
(g) Section 411(h) of the FAA Modernization and Reform Act of 2012
(49 U.S.C. 42301 prec. note) is amended by striking ``March 31, 2016''
and inserting ``July 15, 2016''.
(h) Section 822(k) of the FAA Modernization and Reform Act of 2012
(49 U.S.C. 47141 note) is amended by striking ``March 31, 2016'' and
inserting ``July 15, 2016''.
SEC. 103. FEDERAL AVIATION ADMINISTRATION OPERATIONS.
Section 106(k) of title 49, United States Code, is amended--
(1) in paragraph (1), by amending subparagraph (E) to read as
follows:
``(E) $7,711,387,500 for the period beginning on October 1,
2015, and ending on July 15, 2016.''; and
(2) in paragraph (3) by striking ``March 31, 2016'' and
inserting ``July 15, 2016''.
SEC. 104. AIR NAVIGATION FACILITIES AND EQUIPMENT.
Section 48101(a)(5) of title 49, United States Code, is amended to
read as follows:
``(5) $2,058,333,333 for the period beginning on October 1,
2015, and ending on July 15, 2016.''.
SEC. 105. RESEARCH, ENGINEERING, AND DEVELOPMENT.
Section 48102(a)(9) of title 49, United States Code, is amended to
read as follows:
``(9) $124,093,750 for the period beginning on October 1, 2015,
and ending on July 15, 2016.''.
SEC. 106. COMPLIANCE WITH AVIATION FUNDING REQUIREMENT.
The budget authority authorized in this Act, including the
amendments made by this Act, shall be deemed to satisfy the
requirements of subsections (a)(1)(B) and (a)(2) of section 48114 of
title 49, United States Code, for the period beginning on October 1,
2015, and ending on July 15, 2016.
SEC. 107. ESSENTIAL AIR SERVICE.
Section 41742(a)(2) of title 49, United States Code, is amended by
striking ``$77,500,000 for the period beginning on October 1, 2015, and
ending on March 31, 2016,'' and inserting ``$122,708,333 for the period
beginning on October 1, 2015, and ending on July 15, 2016,''.
TITLE II--REVENUE PROVISIONS
SEC. 201. EXPENDITURE AUTHORITY FROM AIRPORT AND AIRWAY TRUST FUND.
(a) In General.--Section 9502(d)(1) of the Internal Revenue Code of
1986 is amended--
(1) in the matter preceding subparagraph (A), by striking
``April 1, 2016'' and inserting ``July 16, 2016''; and
(2) in subparagraph (A), by striking the semicolon at the end
and inserting ``or the Airport and Airway Extension Act of 2016;''.
(b) Conforming Amendment.--Section 9502(e)(2) of such Code is
amended by striking ``April 1, 2016'' and inserting ``July 16, 2016''.
SEC. 202. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST FUND.
(a) Fuel Taxes.--Section 4081(d)(2)(B) of the Internal Revenue Code
of 1986 is amended by striking ``March 31, 2016'' and inserting ``July
15, 2016''.
(b) Ticket Taxes.--
(1) Persons.--Section 4261(k)(1)(A)(ii) of such Code is amended
by striking ``March 31, 2016'' and inserting ``July 15, 2016''.
(2) Property.--Section 4271(d)(1)(A)(ii) of such Code is
amended by striking ``March 31, 2016'' and inserting ``July 15,
2016''.
(c) Fractional Ownership Programs.--
(1) Treatment as non-commercial aviation.--Section 4083(b) of
such Code is amended by striking ``April 1, 2016'' and inserting
``July 16, 2016''.
(2) Exemption from ticket taxes.--Section 4261(j) of such Code
is amended by striking ``March 31, 2016'' and inserting ``July 15,
2016''.
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 March 17, 2016. Airport and Airway Extension Act of 2016 TITLE I--AIRPORT AND AIRWAY PROGRAMS (Sec. 101) This bill reauthorizes for the period March 31, 2016, through July 15, 2016, the airport improvement program and specified related authorities, including: the competition disclosure requirement under a development project grant for a large hub airport or a medium hub airport; the eligibility for small airport grants of sponsors of airports in the Republic of the Marshall Islands, Federated States of Micronesia, and Republic of Palau; the air traffic control contract program; state and local government compatible land use planning and projects; Department of Transportation authority to appropriate funds to acquire, establish, and improve air navigation facilities; civil aviation research and development; Federal Aviation Administration (FAA) operations; and essential air service. (Sec. 102) The Vision 100--Century of Aviation Reauthorization Act is amended to extend through the same period: the authorization for airport development at Midway Island Airport, and the authority of any final order with respect to the eligibility for essential air service compensation. The FAA Modernization and Reform Act of 2012 is amended to extend through: FY2016 the requirement for an Inspector General report on participation in FAA programs by disadvantaged small business concerns, July 15, 2016, the pilot program under which operators of up to four public-use airports may receive grants for activities related to the redevelopment of airport properties, and the same date the advisory committee for aviation consumer protection. TITLE II--REVENUE PROVISIONS (Sec. 201) The Internal Revenue Code is amended to extend through July 15, 2017, expenditure authority from the Airport and Airway Trust Fund, fuel and ticket taxes, as well as the exemption from ticket taxes for aircraft in fractional ownership aircraft programs. | {"src": "billsum_train", "title": "Airport and Airway Extension Act of 2016"} | 2,024 | 398 | 0.597361 | 2.029846 | 0.67097 | 1.934247 | 4.523288 | 0.712329 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Venture Capital Act
of 2009''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator
thereof, respectively;
(2) the term ``New Markets Venture Capital company'' has
the meaning given that term in section 351 of the Small
Business Investment Act of 1958 (15 U.S.C. 689); and
(3) the term ``New Markets Venture Capital Program'' means
the program under part B of title III of the Small Business
Investment Act of 1958 (15 U.S.C. 689 et seq.).
SEC. 3. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Definitions.
Sec. 3. Table of contents.
TITLE I--SMALL BUSINESS INVESTMENT COMPANY PROGRAM
Sec. 101. Reauthorization.
Sec. 102. Leverage.
Sec. 103. Private capital.
Sec. 104. Maximum investment in a company.
TITLE II--NEW MARKETS VENTURE CAPITAL PROGRAM
Sec. 201. Diversification of New Markets Venture Capital Program.
Sec. 202. Establishment of Office of New Markets Venture Capital.
Sec. 203. Low-income geographic areas.
Sec. 204. Applications for New Markets Venture Capital Program.
Sec. 205. Operational assistance grants.
Sec. 206. Authorization.
TITLE I--SMALL BUSINESS INVESTMENT COMPANY PROGRAM
SEC. 101. REAUTHORIZATION.
Section 20 of the Small Business Act (15 U.S.C. 631 note) is
amended--
(1) by redesignating subsection (j) as subsection (f); and
(2) by adding at the end the following:
``(g) Small Business Venture Capital.--For the programs authorized
under part A of title III of the Small Business Investment Act of 1958
(15 U.S.C. 681 et seq.), the Administrator is authorized to make--
``(1) $500,000,000 in purchases of participating securities
for each of fiscal years 2010 through 2013; and
``(2)(A) $2,000,000,000 in guarantees of debentures for
fiscal year 2010;
``(B) $2,250,000,000 in guarantees of debentures for fiscal
year 2011;
``(C) $2,500,000,000 in guarantees of debentures for fiscal
year 2012; and
``(D) $2,750,000,000 in guarantees of debentures for fiscal
year 2013.''.
SEC. 102. LEVERAGE.
Section 303(b)(2) of the Small Business Investment Act of 1958 (15
U.S.C. 683(b)(2)) is amended by adding at the end the following:
``(E) Investments in small business concerns owned
and controlled by women and socially and economically
disadvantaged small business concerns.--
``(i) In general.--The maximum amount of
outstanding leverage made available to--
``(I) any 1 small business
investment company described in clause
(ii) may not exceed the lesser of--
``(aa) 300 percent of
private capital; or
``(bb) $175,000,000; and
``(II) 2 or more small business
investment companies described in
clause (ii) that are commonly
controlled (as determined by the
Administrator) may not exceed
$250,000,000.
``(ii) Applicability.--A small business
investment company described in this clause is
a small business investment company that
certifies in writing that not less than 50
percent of the dollar amount of investments of
the small business investment company are or
will be made in small business concerns owned
and controlled by women, as defined in section
3 of the Small Business Act (15 U.S.C. 632), or
socially and economically disadvantaged small
business concerns, as defined in section
8(a)(4)(A) of the Small Business Act (15 U.S.C.
637(a)(4)(A)).''.
SEC. 103. PRIVATE CAPITAL.
Section 103(9)(A)(ii) of the Small Business Investment Act of 1958
(15 U.S.C. 662(9)(A)(ii)) is amended by inserting ``, except for any
company licensed under section 301(c) on or before September 30, 2004,
that holds commitments from the Administration for participating
security leverage,'' before ``leverage shall not be funded based on
such commitments''.
SEC. 104. MAXIMUM INVESTMENT IN A COMPANY.
Section 306(a) of the Small Business Investment Act of 1958 (15
U.S.C. 686(a)) is amended by striking ``10 percent'' and inserting ``30
percent''.
TITLE II--NEW MARKETS VENTURE CAPITAL PROGRAM
SEC. 201. DIVERSIFICATION OF NEW MARKETS VENTURE CAPITAL PROGRAM.
(a) Selection of Companies in Each Geographic Region.--Section 354
of the Small Business Investment Act of 1958 (15 U.S.C. 689c) is
amended by adding at the end the following:
``(f) Geographic Goal.--In selecting companies to participate as
New Markets Venture Capital companies in the program established under
this part, the Administrator shall, to the maximum extent practicable,
select at least 1 company from each geographic region of the
Administration.''.
(b) Participation in New Markets Venture Capital Program.--
(1) Administration participation required.--Section 353 of
the Small Business Investment Act of 1958 (15 U.S.C. 689b) is
amended in the matter preceding paragraph (1), by striking
``under which the Administrator may'' and inserting ``under
which the Administrator shall''.
(2) Small manufacturer participation.--Section 353(1) of
the Small Business Investment Act of 1958 (15 U.S.C. 689b(1))
is amended by inserting ``, and shall set a goal of entering
into at least 1 such agreement each fiscal year with a company
that is engaged primarily in development of, and investment in,
small manufacturers, as that term is defined in section
501(e)(6)'' after ``section 352''.
SEC. 202. ESTABLISHMENT OF OFFICE OF NEW MARKETS VENTURE CAPITAL.
Title II of the Small Business Investment Act of 1958 (15 U.S.C.
671) is amended by adding at the end the following:
``SEC. 202. OFFICE OF NEW MARKETS VENTURE CAPITAL.
``(a) Establishment.--There is established in the Small Business
Investment Division of the Administration, the Office of New Markets
Venture Capital.
``(b) Director.--The head of the Office of New Markets Venture
Capital shall be an individual appointed by the Administrator in the
competitive service or the excepted service.
``(c) Responsibilities of Director.--The head of the Office of New
Markets Venture Capital shall--
``(1) administer the New Markets Venture Capital Program
under part B of title III;
``(2) assess, not less frequently than once every 2 years,
the nature and scope of the New Markets Venture Capital Program
and advise the Administrator on recommended changes to the
program;
``(3) make efforts to expand the number of small-business
concerns that participate in the New Markets Venture Capital
Program; and
``(4) encourage investment in small manufacturers, as that
term is defined in section 501(e)(6).''.
SEC. 203. LOW-INCOME GEOGRAPHIC AREAS.
(a) In General.--Section 351 of the Small Business Investment Act
of 1958 (15 U.S.C. 689) is amended--
(1) by striking paragraph (2);
(2) by redesignating paragraphs (3) through (8) as
paragraphs (2) through (7), respectively; and
(3) in paragraph (2), as so redesignated--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``the term'' and inserting
``The term''; and
(ii) by striking ``means'';
(B) by striking subparagraph (A) and inserting the
following:
``(A) means a `low-income community' within the
meaning of section 45D(e) of the Internal Revenue Code
of 1986 (relating to the new markets tax credit);
and''; and
(C) in subparagraph (B), in the matter preceding
clause (i), by inserting ``includes'' before ``any
area''.
(b) Application of Amended Definition to Capital Requirement.--The
definition of the term ``low-income geographic area'' under section 351
of the Small Business Investment Act of 1958, as amended by subsection
(a), shall apply to capital raised by a New Markets Venture Capital
company before, on, or after the date of enactment of this Act.
SEC. 204. APPLICATIONS FOR NEW MARKETS VENTURE CAPITAL PROGRAM.
Not later than 1 year after the date of enactment of this Act, the
Administrator shall prescribe standard documents for an application by
a New Markets Venture Capital company for final approval under section
354(e) of the Small Business Investment Act of 1958 (15 U.S.C.
689c(e)). The Administrator shall ensure that such documents are
designed to substantially reduce the cost of the application process
for a company making such an application.
SEC. 205. OPERATIONAL ASSISTANCE GRANTS.
(a) In General.--Section 358(a)(4)(A) of the Small Business
Investment Act of 1958 (15 U.S.C. 689g(a)(4)(A)) is amended to read as
follows:
``(A) New markets venture capital companies.--
Notwithstanding section 354(d), the amount of a grant
made under this subsection to a New Markets Venture
Capital company shall be equal to the lesser of--
``(i) 10 percent of the private capital
raised by the company; or
``(ii) $1,000,000.''.
(b) Requirements To Be Met for Final Approval.--Section 354(d) of
the Small Business Investment Act of 1958 (15 U.S.C. 689c(d)) is
amended to read as follows:
``(d) Requirements To Be Met for Final Approval.--Not later than 2
years after the date on which a company is conditionally approved by
the Administrator under subsection (c)(1), the company shall raise not
less than $5,000,000 of private capital, or binding capital
commitments, from 1 or more investors that--
``(1) are not agencies or departments of the Federal
Government; and
``(2) meet criteria established by the Administrator.''.
(c) Technical and Conforming Amendments.--Section 358(a)(4) of the
Small Business Investment Act of 1958 (15 U.S.C. 689g(a)(4)) is amended
by striking ``section 354(d)(2)'' each place it appears and inserting
``section 354(d)''.
SEC. 206. AUTHORIZATION.
Section 368(a) of the Small Business Investment Act of 1958 (15
U.S.C. 689q(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``fiscal years 2001 through 2006'' and inserting ``fiscal years
2010 through 2013''; and
(2) in paragraph (2), by striking ``$30,000,000'' and
inserting ``$20,000,000''. | Small Business Venture Capital Act of 2009 - Amends the Small Business Act to reauthorize for FY2010-FY2013 the venture capital program under the Small Business Investment Act of 1958 (a program under which small business investment companies (SBICs) provide capital financing to small businesses).
Increases the maximum amounts of outstanding leverage made available to SBICs that invest in women-owned or minority businesses.
Allows SBICs who were licensed as participating securities SBICs prior to October 1, 2004, to obtain leverage based on Small Business Administration (SBA)-approved commitments rather than paid-in capital.
Increases from 20% to 30% of total available private capital the maximum authorized SBIC investment in a single business (absent specific SBA approval).
Requires the SBA Administrator, in selecting investment companies to participate in the New Markets Venture Capital program (NMVC program) (investment in small businesses in low-income areas), to select at least one company from each SBA geographic region.
Requires the Administrator to have as a goal to enter into at least one NMVC program agreement with a company engaged primarily in the development of and investment in small manufacturers.
Establishes in the Investment Division of the SBA the Office of New Markets Venture Capital.
Modifies the definition of low-income geographic area to reflect the new markets tax credit under the Internal Revenue Code.
Requires the Administrator to prescribe standard documents for an application for final approval of a company under the NMVC program.
Allows NMVC companies to receive operational assistance grants. Requires the Administrator to grant each conditionally-approved NMVC company up to two years to raise the $5 million in private capital required for participation.
Reauthorizes the NMVC program for FY2010-FY2013. Reduces the authorization for operational assistance grants. | {"src": "billsum_train", "title": "A bill to amend the Small Business Investment Act of 1958 to reauthorize the venture capital program, and for other purposes."} | 2,660 | 394 | 0.528298 | 1.588124 | 0.750147 | 2.032836 | 6.674627 | 0.779104 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Veterans'
Compensation Cost-of-Living Adjustment Act of 2015''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--COMPENSATION COST-OF-LIVING ADJUSTMENT
Sec. 101. Increase in rates of disability compensation and dependency
and indemnity compensation.
Sec. 102. Publication of adjusted rates.
TITLE II--UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
Sec. 201. Extending temporary expansion of United States Court of
Appeals for Veterans Claims.
Sec. 202. Recall of retired judges of United States Court of Appeals
for Veterans Claims.
Sec. 203. Life insurance program relating to judges of United States
Court of Appeals for Veterans Claims.
Sec. 204. Voluntary contributions to enlarge survivors' annuity.
Sec. 205. Salaries of judges of United States Court of Appeals for
Veterans Claims.
Sec. 206. Selection of chief judge of United States Court of Appeals
for Veterans Claims.
TITLE III--IMPROVEMENT OF CLAIMS PROCESSING
Sec. 301. Interim payments of compensation benefits under laws
administered by the Secretary of Veterans
Affairs.
Sec. 302. Claims processors training.
Sec. 303. Notice of average times for processing claims and percentage
of claims approved.
TITLE IV--OTHER MATTERS
Sec. 401. Clarification of eligible recipients of certain accrued
benefits upon death of beneficiary.
Sec. 402. Observance of Veterans Day.
TITLE I--COMPENSATION COST-OF-LIVING ADJUSTMENT
SEC. 101. INCREASE IN RATES OF DISABILITY COMPENSATION AND DEPENDENCY
AND INDEMNITY COMPENSATION.
(a) Rate Adjustment.--Effective on December 1, 2015, the Secretary
of Veterans Affairs shall increase, in accordance with subsection (c),
the dollar amounts in effect on November 30, 2015, for the payment of
disability compensation and dependency and indemnity compensation under
the provisions specified in subsection (b).
(b) Amounts To Be Increased.--The dollar amounts to be increased
pursuant to subsection (a) are the following:
(1) Wartime disability compensation.--Each of the dollar
amounts under section 1114 of title 38, United States Code.
(2) Additional compensation for dependents.--Each of the
dollar amounts under section 1115(1) of such title.
(3) Clothing allowance.--The dollar amount under section
1162 of such title.
(4) Dependency and indemnity compensation to surviving
spouse.--Each of the dollar amounts under subsections (a)
through (d) of section 1311 of such title.
(5) Dependency and indemnity compensation to children.--
Each of the dollar amounts under sections 1313(a) and 1314 of
such title.
(c) Determination of Increase.--
(1) Percentage.--Except as provided in paragraph (2), each
dollar amount described in subsection (b) shall be increased by
the same percentage as the percentage by which benefit amounts
payable under title II of the Social Security Act (42 U.S.C.
401 et seq.) are increased effective December 1, 2015, as a
result of a determination under section 215(i) of such Act (42
U.S.C. 415(i)).
(2) Rounding.--Each dollar amount increased under paragraph
(1), if not a whole dollar amount, shall be rounded to the next
lower whole dollar amount.
(d) Special Rule.--The Secretary of Veterans Affairs may adjust
administratively, consistent with the increases made under subsection
(a), the rates of disability compensation payable to persons under
section 10 of Public Law 85-857 (72 Stat. 1263) who have not received
compensation under chapter 11 of title 38, United States Code.
SEC. 102. PUBLICATION OF ADJUSTED RATES.
The Secretary of Veterans Affairs shall publish in the Federal
Register the amounts specified in section 101(b), as increased under
that section, not later than the date on which the matters specified in
section 215(i)(2)(D) of the Social Security Act (42 U.S.C.
415(i)(2)(D)) are required to be published by reason of a determination
made under section 215(i) of such Act during fiscal year 2016.
TITLE II--UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
SEC. 201. EXTENDING TEMPORARY EXPANSION OF UNITED STATES COURT OF
APPEALS FOR VETERANS CLAIMS.
Section 7253(i)(2) of title 38, United States Code, is amended by
striking ``January 1, 2013'' and inserting ``January 1, 2020''.
SEC. 202. RECALL OF RETIRED JUDGES OF UNITED STATES COURT OF APPEALS
FOR VETERANS CLAIMS.
Paragraph (1) of section 7257(b) of title 38, United States Code,
is amended to read as follows:
``(1)(A) The chief judge may recall for further service on the
Court a recall-eligible retired judge in accordance with this section.
Such a recall shall be made upon written certification by the chief
judge that substantial service is expected to be performed by the
retired judge for such period, not to exceed 90 days (or the
equivalent), as determined by the chief judge to be necessary to meet
the needs of the Court.
``(B)(i) A recall-eligible judge may request that the chief judge
recall the recall-eligible judge for a period of service of not less
than 90 days (or the equivalent).
``(ii) The chief judge shall approve a request made by a recall-
eligible judge pursuant to clause (i) unless the chief judge certifies,
in writing, that the Court does not have--
``(I) sufficient work to assign such recall-eligible judge
during the period of recalled service; or
``(II) sufficient resources to provide to such recall-
eligible judge appropriate administrative and office support.
``(iii) At any time during the period of recalled service of a
judge who is recalled pursuant to clause (i), the chief judge may
terminate such recalled service if the chief judge makes a written
certification described in clause (ii).''.
SEC. 203. LIFE INSURANCE PROGRAM RELATING TO JUDGES OF UNITED STATES
COURT OF APPEALS FOR VETERANS CLAIMS.
(a) In General.--Section 7281 of title 38, United States Code, is
amended by adding at the end the following:
``(j) For purposes of chapter 87 of title 5, a judge who is in
regular active service and a judge who is retired under section 7296 of
this title or under chapter 83 or 84 of title 5 shall be treated as an
employee described in section 8701(a)(5) of title 5.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to any payment made on or after the first day of the
first applicable pay period beginning on or after the date of the
enactment of this Act.
SEC. 204. VOLUNTARY CONTRIBUTIONS TO ENLARGE SURVIVORS' ANNUITY.
Section 7297 of title 38, United States Code, is amended by adding
at the end the following new subsection:
``(p)(1) A covered judge who makes an election under subsection (b)
may purchase, in 3-month increments, up to an additional year of
service credit for each year of Federal judicial service completed,
under the terms set forth in this section.
``(2) In this subsection, the term `covered judge' means any of the
following:
``(A) A judge in regular active service.
``(B) A retired judge who is a recall-eligible retired
judge pursuant to subsection (a) of section 7257 of this title.
``(C) A retired judge who would be a recall-eligible
retired judge pursuant to subsection (a) of section 7257 but
for--
``(i) meeting the aggregate recall service
requirements under subsection (b)(3) of such section;
or
``(ii) being permanently disabled as described by
subsection (b)(4) of such section.''.
SEC. 205. SALARIES OF JUDGES OF UNITED STATES COURT OF APPEALS FOR
VETERANS CLAIMS.
Section 7253(e) of title 38, United States Code, is amended by
striking ``district courts'' and inserting ``courts of appeals''.
SEC. 206. SELECTION OF CHIEF JUDGE OF UNITED STATES COURT OF APPEALS
FOR VETERANS CLAIMS.
Section 7253(d) of title 38, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``and'';
(B) by redesignating subparagraph (B) as
subparagraph (C); and
(C) by inserting after subparagraph (A) the
following new subparagraph (B):
``(B) are 64 years of age or under and have at least 3
years remaining in term of office; and''; and
(2) by amending paragraph (2) to read as follows:
``(2)(A) In any case in which there is no judge of the Court in
regular active service who meets the requirements under paragraph (1),
the judge of the Court in regular active service who is senior in
commission and meets subparagraph (A) or (B) and subparagraph (C) of
paragraph (1) shall act as the chief judge.
``(B) In any case under subparagraph (A) of this paragraph in which
there is no judge of the Court in regular active service who meets
subparagraph (A) or (B) and subparagraph (C) of paragraph (1), the
judge of the Court in regular active service who is senior in
commission and meets subparagraph (C) shall act as the chief judge.''.
TITLE III--IMPROVEMENT OF CLAIMS PROCESSING
SEC. 301. INTERIM PAYMENTS OF COMPENSATION BENEFITS UNDER LAWS
ADMINISTERED BY THE SECRETARY OF VETERANS AFFAIRS.
(a) In General.--Subchapter III of chapter 51 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 5127. Interim payments of compensation benefits
``(a) In General.--In the case of a claim described in subsection
(b), prior to adjudicating the claim, the Secretary shall make interim
payments of monetary benefits to the claimant based on any disability
for which the Secretary has made a decision or, with respect to such a
disability that is not compensable, notify the claimant of the rating
relating to such disability. Upon the adjudication of the claim, the
Secretary shall pay to the claimant any monetary benefits awarded to
the claimant for the period of payment under section 5111 of this title
less the amount of such benefits paid to the claimant under this
section.
``(b) Claim Described.--A claim described in this subsection is a
claim for disability compensation under chapter 11 of this title
(including a claim regarding an increased rating)--
``(1) the adjudication of which requires the Secretary to
make decisions with respect to two or more disabilities; and
``(2) for which, before completing the adjudication of the
claim, the Secretary makes a decision with respect to a
disability that would result in the payment of monetary
benefits to the claimant upon the adjudication of the claim.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end of the items relating to
such subchapter the following new item:
``5127. Interim payments of compensation benefits.''.
SEC. 302. CLAIMS PROCESSORS TRAINING.
(a) Establishment.--The Secretary of Veterans Affairs shall
establish a training program to provide newly hired claims processors
of the Department of Veterans Affairs with training for a period of not
less than 2 years. In carrying out such program, the Secretary shall
identify successful claims processors of the Department who can assist
in the training of newly hired claims processors.
(b) Ability To Process Claims.--The Secretary shall carry out the
training program established under subsection (a) without increasing
the amount of time in which claims are processed by the Department.
(c) Effective Date.--This section shall take effect on the date
that is 1 year after the date of the enactment of this Act.
SEC. 303. NOTICE OF AVERAGE TIMES FOR PROCESSING CLAIMS AND PERCENTAGE
OF CLAIMS APPROVED.
(a) Public Notice.--The Secretary of Veterans Affairs shall post
the information described in subsection (c)--
(1) in a conspicuous place in each regional office and
claims intake facilities of the Department of Veterans Affairs;
and
(2) on the Internet Web site of the Department.
(b) Notice to Applicants.--
(1) In general.--The Secretary shall provide to each person
who submits a claim for benefits under the laws administered by
the Secretary before the person submits such claim--
(A) notice of the information described in
subsection (c); and
(B) notice that the person is eligible to receive
up to an extra year of benefits payments if the person
files a claim that is fully developed.
(2) Acknowledgment of receipt of notice.--Each person who
submits a claim for benefits under the laws administered by the
Secretary shall include in such application a signed form
acknowledging that the person received the information
described in subsection (c).
(c) Information Described.--
(1) In general.--The information described in this
subsection is the following:
(A) The average processing time of the claims
described in paragraph (2) and the percentage of such
submitted claims for which benefits are awarded.
(B) The percentage of each of the following types
of submitted claims for benefits under the laws
administered by the Secretary of Veterans Affairs for
which benefits are awarded:
(i) Claims filed by veterans who authorized
a veterans service organization to act on the
veterans' behalf under a durable power of
attorney.
(ii) Claims filed by veterans who
authorized a person other than a veterans
service organization to act on the veterans'
behalf under a durable power of attorney.
(iii) Claims filed by veterans who did not
authorize a person to act on the veterans'
behalf under a durable power of attorney.
(2) Claims described.--The claims described in this
paragraph are each of the following types of claims for
benefits under the laws administered by the Secretary of
Veterans Affairs:
(A) A fully developed claim that is submitted in
standard electronic form.
(B) A fully developed claim that is submitted in
standard paper form.
(C) A claim that is not fully developed that is
submitted in standard electronic form.
(D) A claim that is not fully developed that is
submitted in standard paper form.
(E) A claim that is not fully developed that is
submitted in non-standard paper form.
(3) Update of information.--The information described in
this subsection shall be updated not less frequently than once
each fiscal quarter.
TITLE IV--OTHER MATTERS
SEC. 401. CLARIFICATION OF ELIGIBLE RECIPIENTS OF CERTAIN ACCRUED
BENEFITS UPON DEATH OF BENEFICIARY.
(a) Eligibility of Estate.--Section 5121(a)(2) of title 38, United
States Code, is amended--
(1) in the matter preceding subparagraph (A), by inserting
``, or estate,'' after ``person''; and
(2) by adding at the end the following new subparagraph:
``(D) The estate of the veteran (unless the estate
will escheat).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to the death of an individual on or after the date
that is 2 years after the date of the enactment of this Act.
SEC. 402. OBSERVANCE OF VETERANS DAY.
(a) Two Minutes of Silence.--Chapter 1 of title 36, United States
Code, is amended by adding at the end the following new section:
``Sec. 145. Veterans Day
``The President shall issue each year a proclamation calling on the
people of the United States to observe 2 minutes of silence on Veterans
Day in honor of the service and sacrifice of veterans throughout the
history of the Nation, beginning at--
``(1) 3:11 p.m. Atlantic standard time;
``(2) 2:11 p.m. eastern standard time;
``(3) 1:11 p.m. central standard time;
``(4) 12:11 p.m. mountain standard time;
``(5) 11:11 a.m. Pacific standard time;
``(6) 10:11 a.m. Alaska standard time; and
``(7) 9:11 a.m. Hawaii-Aleutian standard time.''.
(b) Clerical Amendment.--The table of sections for chapter 1 of
title 36, United States Code, is amended by adding at the end the
following new item:
``145. Veterans Day.''.
Passed the House of Representatives July 28, 2015.
Attest:
KAREN L. HAAS,
Clerk. | (This measure has not been amended since it was reported to the House on July 16, 2015. Veterans' Compensation Cost-of-Living Adjustment Act of 2015 TITLE I--COMPENSATION COST-OF-LIVING ADJUSTMENT (Sec. 101) This bill directs the Department of Veterans Affairs (VA) to increase, as of November 30, 2015, the rates of: veterans' disability compensation, additional compensation for dependents, wartime disability compensation, the clothing allowance for certain disabled veterans, and dependency and indemnity compensation for surviving spouses and children. Each such increase shall be the same percentage as the benefits increase provided under title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act, as of December 1, 2015. (Sec. 102) The VA shall publish such adjusted rates in the Federal Register. TITLE II--UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS (Sec. 201) The temporary expansion of the Court of Appeals for Veterans Claims is extended till January 1, 2020. (Sec. 202) Specified recall requirements for retired judges are amended. A recall-eligible judge may request a recall for a period of service of at least 90 days (or the equivalent). (Sec. 203) A regular active service judge or a retired judge shall be treated as an employee for government life insurance purposes. (Sec. 204) Regular service judges, retired recall-eligible judges, and certain retired but not recall-eligible judges may purchase in three-month increments up to an additional year of service credit for each year of federal judicial service completed. (Sec. 205) The salary of Court judges is set at the rate applicable to federal appellate court judges. (Their salary is currently set at the rate applicable to federal district court judges.) (Sec. 206) The chief judge of the Court, in addition to existing qualifications, must not be older than 64 and have at least 3 years remaining in term of office as a judge of the Court in regular active service. TITLE III--IMPROVEMENT OF CLAIMS PROCESSING (Sec. 301) In the case of a disability compensation claim for two or more disabilities for which the VA, before completing the full adjudication, makes a decision with respect to a disability that would result in the payment of monetary benefits to the claimant, the VA shall make interim payments to the claimant based on such disability. Upon completion of the adjudication of all the disability claims the VA will pay the full amount of accrued benefits, less the amount of the interim payments that the claimant has already received. (Sec. 302) The VA shall: (1) establish a minimum two-year training program for newly hired claims processors, and (2) identify successful claims processors to assist in such training. (Sec. 303) The VA shall: (1) inform each person who submits a claim for benefits that he or she is eligible to receive up to an extra year of benefits payments upon the filing of a fully developed claim; and (2) post at each VA Regional Office, claims-intake facility, and on its website information regarding the average processing time of claims and the percentage of submitted claims for which benefits are awarded. TITLE IV--OTHER MATTERS (Sec. 401) The VA shall pay any accrued benefits due and unpaid, as of a veteran's date of death, to the veteran's estate unless the estate will escheat. (Sec. 402) The President shall issue an annual proclamation calling on the people of the United States to observe two minutes of silence on Veterans Day in honor of the service and sacrifice of veterans throughout the history of the nation. | {"src": "billsum_train", "title": "Veterans' Compensation Cost-of-Living Adjustment Act of 2015"} | 4,026 | 841 | 0.712307 | 2.383794 | 0.690977 | 3.398352 | 4.756868 | 0.903846 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community and Postal Participation
Act of 1998''.
SEC. 2. GUIDELINES FOR RELOCATION, CLOSING, OR CONSOLIDATION OF POST
OFFICES.
Section 404 of title 39, United States Code, is amended by striking
subsection (b) and inserting the following:
``(b)(1) Before making a determination under subsection (a)(3) as
to the necessity for the relocation, closing, or consolidation of any
post office, the Postal Service shall provide adequate notice to
persons served by that post office of the intention of the Postal
Service to relocate, close, or consolidate that post office not later
than 60 days before the proposed date of that relocation, closing, or
consolidation.
``(2)(A) The notification under paragraph (1) shall be in writing,
hand delivered or delivered by mail to persons served by that post
office, and published in 1 or more newspapers of general circulation
within the zip codes served by that post office.
``(B) The notification under paragraph (1) shall include--
``(i) an identification of the relocation, closing, or
consolidation of the post office involved;
``(ii) a summary of the reasons for the relocation,
closing, or consolidation; and
``(iii) the proposed date for the relocation, closing, or
consolidation.
``(3) Any person served by the post office that is the subject of a
notification under paragraph (1) may offer an alternative relocation,
consolidation, or closing proposal during the 60-day period beginning
on the date on which the notice is provided under paragraph (1).
``(4)(A) At the end of the period specified in paragraph (3), the
Postal Service shall make a determination under subsection (a)(3).
Before making a final determination, the Postal Service shall conduct a
hearing, and persons served by the post office that is the subject of a
notice under paragraph (1) may present oral or written testimony with
respect to the relocation, closing, or consolidation of the post
office.
``(B) In making a determination as to whether or not to relocate,
close, or consolidate a post office, the Postal Service shall
consider--
``(i) the extent to which the post office is part of a core
downtown business area;
``(ii) any potential effect of the relocation, closing, or
consolidation on the community served by the post office;
``(iii) whether the community served by the post office
opposes a relocation, closing, or consolidation;
``(iv) any potential effect of the relocation, closing, or
consolidation on employees of the Postal Service employed at
the post office;
``(v) whether the relocation, closing, or consolidation of
the post office is consistent with the policy of the Government
under section 101(b) that requires the Postal Service to provide a
maximum degree of effective and regular postal services to rural areas,
communities, and small towns in which post offices are not self-
sustaining;
``(vi) the quantified long-term economic saving to the
Postal Service resulting from the relocation, closing, or
consolidation;
``(vii) whether postal officials engaged in negotiations
with persons served by the post office concerning the proposed
relocation, closing, or consolidation;
``(viii) whether management of the post office contributed
to a desire to relocate;
``(ix)(I) the adequacy of the existing post office; and
``(II) whether all reasonable alternatives to relocation,
closing, or consolidation have been explored; and
``(x) any other factor that the Postal Service determines
to be necessary for making a determination whether to relocate,
close, or consolidate that post office.
``(5)(A) Any determination of the Postal Service to relocate,
close, or consolidate a post office shall be in writing and shall
include the findings of the Postal Service with respect to the
considerations required to be made under paragraph (4).
``(B) The Postal Service shall respond to all of the alternative
proposals described in paragraph (3) in a consolidated report that
includes--
``(i) the determination and findings under subparagraph
(A); and
``(ii) each alternative proposal and a response by the
Postal Service.
``(C) The Postal Service shall make available to the public a copy
of the report prepared under subparagraph (B) at the post office that
is the subject of the report.
``(6)(A) The Postal Service shall take no action to relocate,
close, or consolidate a post office until the applicable date described
in subparagraph (B).
``(B) The applicable date specified in this subparagraph is--
``(i) if no appeal is made under paragraph (7), the end of
the 60-day period specified in that paragraph; or
``(ii) if an appeal is made under paragraph (7), the date
on which a determination is made by the Commission under
paragraph 7(A), but not later than 120 days after the date on
which the appeal is made.
``(7)(A) A determination of the Postal Service to relocate, close,
or consolidate any post office may be appealed by any person served by
that post office to the Postal Rate Commission during the 60-day period
beginning on the date on which the report is made available under
paragraph (5). The Commission shall review the determination on the
basis of the record before the Postal Service in the making of the
determination. The Commission shall make a determination based on that
review not later than 120 days after appeal is made under this
paragraph.
``(B) The Commission shall set aside any determination, findings,
and conclusions of the Postal Service that the Commission finds to be--
``(i) arbitrary, capricious, an abuse of discretion, or
otherwise not in accordance with the law;
``(ii) without observance of procedure required by law; or
``(iii) unsupported by substantial evidence on the record.
``(C) The Commission may affirm the determination of the Postal
Service that is the subject of an appeal under subparagraph (A) or
order that the entire matter that is the subject of that appeal be
returned for further consideration, but the Commission may not modify
the determination of the Postal Service. The Commission may suspend the
effectiveness of the determination of the Postal Service until the
final disposition of the appeal.
``(D) The provisions of sections 556 and 557, and chapter 7 of
title 5 shall not apply to any review carried out by the Commission
under this paragraph.
``(E) A determination made by the Commission shall not be subject
to judicial review.
``(8) In any case in which a community has in effect procedures to
address the relocation, closing, or consolidation of buildings in the
community, and the public participation requirements of those
procedures are more stringent than those provided in this subsection,
the Postal Service shall apply those procedures to the relocation,
consolidation, or closing of a post office in that community in lieu of
applying the procedures established in this subsection.
``(9) In making a determination to relocate, close, or consolidate
any post office, the Postal Service shall comply with any applicable
zoning, planning, or land use laws (including building codes and other
related laws of State or local public entities, including any zoning
authority with jurisdiction over the area in which the post office is
located).
``(10) The relocation, closing, or consolidation of any post office
under this subsection shall be conducted in accordance with section 110
of the National Historic Preservation Act (16 U.S.C. 470h-2).''.
SEC. 3. POLICY STATEMENT.
Section 101(g) of title 39, United States Code, is amended by
adding at the end the following: ``In addition to taking into
consideration the matters referred to in the preceding sentence, with
respect to the creation of any new postal facility, the Postal Service
shall consider the potential effects of that facility on the community
to be served by that facility and the service provided by any facility
in operation at the time that a determination is made whether to plan
or build that facility.''. | Community and Postal Participation Act of 1998 - Modifies Federal postal provisions to require 60-days' written notice before the relocation, closing, or consolidation (currently, the closing or consolidation) of a post office. Requires such notice to be: (1) hand delivered or delivered by mail; and (2) published in one or more newspapers of general circulation within the zip codes served by such post office.
Sets forth provisions which: (1) allow any person served by the post office to offer an alternative relocation, consolidation, or closing proposal within such 60-day period; and (2) require the Postal Service to conduct a hearing to allow such persons to present oral or written testimony.
Revises factors to be considered in deciding whether to relocate, close, or consolidate a post office to include: (1) the extent to which the post office is part of a core downtown business area; (2) the sentiment of the community served; (3) whether postal officials negotiated with persons served; (4) whether management of the post office contributed to a desire to relocate; and (5) the adequacy of the existing post office. Requires the Postal Service to respond to all alternative proposals by way of a consolidated report containing findings and determinations with respect to each such proposal and to make a copy of such report available at such post office.
Provides for an appeal to the Postal Rate Commission of a decision to relocate, close, or consolidate.
Requires the Postal Service to follow a community's public participation procedures to address the relocation, closing, or consolidation of buildings in the community if participation requirements of such procedures are more stringent than those provided in this Act.
Requires the Postal Service, in making a determination to relocate, close, or consolidate any post office, to comply with any zoning, planning, or land use regulations or building codes applicable to State or local public entities, including the zoning authority of the local jurisdiction.
Includes within the Postal Service policy with respect to planning and building new postal facilities that the Service consider the effect a new facility may have on the community and the service provided by any facility currently in operation at the time that such a decision is made. | {"src": "billsum_train", "title": "Community and Postal Participation Act of 1998"} | 1,775 | 473 | 0.734637 | 2.108762 | 0.792334 | 3.965909 | 3.997727 | 0.902273 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Schools of the Future Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Digital learning technology holds the promise of
transforming rural education by removing barriers of distance
and increasing school capacity.
(2) While many large urban local educational agencies are
at the forefront of implementing new digital learning
innovations, it is often harder for smaller and more rural
local educational agencies to access these tools. Smaller local
educational agencies with less capacity may also find it more
difficult to provide the training needed to effectively
implement new digital learning technologies.
(3) Despite the potential of digital learning in rural
areas, these advancements risk passing rural areas by without
support for their implementation. Rather than having schools
and local educational agencies apply digital learning
innovations designed for urban environments to rural areas, it
is important that digital learning technologies be developed
and implemented in ways that reflect the unique needs of rural
areas.
(4) Digital learning is rapidly expanding, and new tools
for improving teaching and learning are being developed every
day. A growing demand for digital learning tools and products
has made rigorous evaluation of their effectiveness
increasingly important, as this information would allow school
and local educational agency leaders to make informed choices
about how best to use these tools to improve student
achievement and educational outcomes.
SEC. 3. PROGRAM AUTHORIZED.
(a) Grants to Eligible Partnerships.--From the amounts appropriated
to carry out this Act, the Secretary of Education is authorized to
award grants, on a competitive basis, to eligible partnerships to carry
out the activities described in section 6.
(b) Duration of Grant.--A grant under subsection (a) shall be
awarded for not less than a 3-year and not longer than a 5-year period.
(c) Fiscal Agent.--If an eligible partnership receives a grant
under this Act, a school partner in the partnership shall serve as the
fiscal agent for the partnership.
SEC. 4. APPLICATION.
An eligible partnership desiring a grant under this Act shall
submit an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require, which
shall include the following:
(1) A description of the eligible partnership, including
the name of each of the partners and their respective roles and
responsibilities.
(2) A description of the technology-based learning
practice, tool, strategy, or course that the eligible
partnership proposes to develop or implement using the grant
funds.
(3) Information relevant to the selection criteria under
section 5(c).
(4) A description of the evaluation to be undertaken by the
eligible partnership, including--
(A) how the school partner and the evaluation
partner will work together to implement the practice,
tool, strategy, or course in such a way that permits
the use of a rigorous evaluation design that meets the
standards of the What Works Clearinghouse of the
Institute of Education Sciences; and
(B) a description of the evaluation design that
meets such standards, which will be used to measure any
significant effects on the outcomes described in
paragraphs (1) through (3) of section 7(a).
(5) An estimate of the number of students to be reached
through the grant and evidence of its capacity to reach the
proposed number of students during the course of the grant.
(6) An assurance that the school partner in the eligible
partnership will ensure that each school to be served by the
grant under this Act is designated with a school locale code of
Fringe Rural, Distant Rural, or Remote Rural, as determined by
the Secretary.
(7) Any other information the Secretary may require.
SEC. 5. APPLICATION REVIEW AND AWARD BASIS.
(a) Peer Review.--The Secretary shall use a peer review process to
review applications for grants under this Act. The Secretary shall
appoint individuals to the peer review process who have relevant
expertise in digital learning, research and evaluation, and rural
education.
(b) Award Basis.--In awarding grants under this Act, the Secretary
shall ensure, to the extent practicable diversity in the type of
activities funded under the grants.
(c) Selection Criteria.--In evaluating an eligible partnership's
application for a grant under this Act, the Secretary shall consider--
(1) the need for the proposed technology-based learning
practice, tool, strategy, or course;
(2) the quality of the design of the proposed practice,
tool, strategy, or course;
(3) the strength of the existing research evidence with
respect to such practice, tool, strategy, or course;
(4) the experience of the eligible partnership; and
(5) the quality of the evaluation proposed by the eligible
partnership.
SEC. 6. USE OF FUNDS.
(a) Required Use of Funds.--
(1) In general.--An eligible partnership receiving a grant
under this Act shall use such funds to implement and evaluate
the results of technology-based learning practices, strategies,
tools, or courses, including the practices, strategies, tools,
or courses identified under paragraphs (2) through (6).
(2) Tools and courses designed to personalize the learning
experience.--Technology-based tools and courses identified
under this paragraph include the following types of tools and
courses designed to personalize the learning experience:
(A) Technology-based personalized instructional
systems.
(B) Adaptive software, games, or tools, that can be
used to personalize learning.
(C) Computer-based tutoring courses to help
struggling students.
(D) Games, digital tools, and smartphone or tablet
applications to improve students' engagement, focus,
and time on task.
(E) Other tools and courses designed to personalize
the learning experience.
(3) Practices and strategies designed to aid and inform
instruction.--Technology-based practices and strategies
identified under this paragraph include the following types of
practices and strategies designed to aid and inform
instruction:
(A) Adaptive software, games, or tools that can be
used for the purpose of formative assessment.
(B) Web resources that provide teachers and their
students access to instructional and curricular
materials that are--
(i) aligned with high-quality standards;
and
(ii) designed to prepare students for
college and a career, such as a repository of
primary historical sources for use in history
and civics courses or examples of
developmentally appropriate science
experiments.
(C) Online professional development opportunities,
teacher mentoring opportunities, and professional
learning communities.
(D) Tools or web resources designed to addresses
specific instructional problems.
(E) Other practices and strategies designed to
personalize the learning experience.
(4) Tools, courses, and strategies designed to improve the
achievement of students with specific educational needs.--
Technology-based tools, courses, and strategies identified
under this paragraph include the following types of tools,
courses, and strategies designed to meet the needs of students
with specific educational needs:
(A) Digital tools specifically designed to meet the
needs of students with a particular disability.
(B) Online courses that give students who are not
on track to graduate or have already dropped out of
school the opportunity for accelerated credit recovery.
(C) Language instruction courses, games, or
software designed to meet the needs of English language
learners.
(D) Other tools, courses, and strategies designed
to personalize the learning experience.
(5) Tools, courses, and strategies designed to help
students develop 21st century skills.--Technology-based tools,
courses, and strategies identified under this paragraph include
peer-to-peer virtual learning opportunities to be used for the
purposes of project-based learning, deeper learning, and
collaborative learning, and other tools, courses, and
strategies designed to help students develop 21st century
skills, such as the ability to think critically and solve
problems, be effective communicators, collaborate with others,
and learn to create and innovate.
(6) Technology-based or online courses that allow students
to take courses that they would not otherwise have access to.--
Technology-based or online courses identified under this
paragraph include courses or collections of courses that
provide students access to courses that they would not
otherwise have access to, such as the following:
(A) An online repository of elective courses.
(B) Online or software-based courses in foreign
languages, especially in languages identified as
critical or in schools where a teacher is not available
to teach the language or course level a student
requires.
(C) Online advanced or college-level courses that
can be taken for credit.
(b) Authorized Use of Funds.--An eligible partnership receiving a
grant under this Act may use grant funds to--
(1) develop the technology for technology-based learning
strategies, practices, courses, or tools to be carried out
under the grant;
(2) purchase hardware or software needed to carry out such
strategies, practices, courses, or tools under the grant,
except that such purchases may not exceed 50 percent of total
grant funds;
(3) address the particular needs of student subgroups,
including students with disabilities and English-language
learners;
(4) provide technology-based professional development or
professional development on how to maximize the utility of
technology; and
(5) address issues of cost and capacity in rural areas and
shortage subjects.
SEC. 7. DATA COLLECTION AND EVALUATION.
(a) In General.--Each eligible partnership receiving a grant under
this Act shall require its evaluation partner to complete a
comprehensive, well-designed, and well-implemented evaluation that
meets the standards of the What Works Clearinghouse after the third
year of implementation of the grant to measure the effect of the
practice, tool, strategy, or course on--
(1) student achievement, as measured by high quality
assessments that provide objective, valid, reliable measures of
student academic growth and information on whether a student is
on-track to graduate ready for college and career;
(2) where applicable, student achievement gaps, graduation
and dropout rates, college enrollment, college persistence,
college completion, and teacher or principal effectiveness as
measured by student achievement and other applicable measures;
and
(3) costs and savings to the school partner.
(b) Implementation Evaluation.--An evaluation partner may use funds
under this Act to carry out an implementation evaluation designed to
provide information that may be useful for schools, local educational
agencies, States, consortia of schools, and charter school networks
seeking to implement similar practices, tools, strategies, or courses
in the future.
(c) Publication of Results.--Upon completion of an evaluation
described in subsection (a) or (b), the evaluation partner shall--
(1) submit a report of the results of the evaluation to the
Secretary; and
(2) make publicly available such results.
SEC. 8. DEFINITIONS.
In this Act:
(1) Eligible partnership.--The term ``eligible
partnership'' means a partnership that includes a school
partner and not less than 1--
(A) digital learning partner, except that in a case
in which a school partner or evaluation partner
demonstrates expertise in digital learning to the
Secretary; and
(B) evaluation partner.
(2) School partner.--The term ``school partner'' means a--
(A) local educational agency;
(B) a charter school network;
(C) a consortium of elementary schools or secondary
schools;
(D) a regional educational service agency or
similar regional educational service provider; or
(E) a consortium of the entities described in
subparagraphs (A) through (D).
(3) Digital learning partner.--The term ``digital learning
partner'' means an organization with expertise in the
technology required to develop or implement the digital
learning practices, tools, strategies, or courses proposed by
the school partner with which the digital learning partner will
partner or has partnered under this Act, such as--
(A) an institution of higher education;
(B) a nonprofit organization; or
(C) an organization with school development or
turnaround experience.
(4) Evaluation partner.--The term ``evaluation partner''
means a partner that has the expertise and ability to carry out
the evaluation of a grant received under this Act, such as--
(A) an institution of higher education;
(B) a nonprofit organization with expertise in
evaluation; or
(C) an evaluation firm.
(5) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
(6) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(7) Secretary.--The term ``Secretary'' means the Secretary
of Education. | Schools of the Future Act - Authorizes the Secretary of Education to award competitive three- to five-year grants to eligible partnerships to implement and evaluate the results of technology-based learning practices, strategies, tools, or courses at rural schools.
Defines "eligible partnerships" as those composed of a school partner, a digital learning partner, and an evaluation partner.
Describes a "school partner" as a local educational agency, charter school network, consortium of elementary or secondary schools, regional educational service provider, or consortium of such entities.
Includes among the grant-funded technology-based learning practices, strategies, tools, or courses, those that: (1) personalize the learning experience, (2) aid and inform instruction, (3) meet the needs of students with specific educational needs, (4) help students develop 21st century skills, and (5) give students access to courses that would otherwise be unavailable to them.
Requires each partnership's evaluation partner, after the third year of the grant, to evaluate the effect of the technology-based learning practices, strategies, tools, or courses on student achievement. | {"src": "billsum_train", "title": "To authorize a competitive grant program to implement and evaluate digital learning in rural locales."} | 2,670 | 232 | 0.652487 | 1.960568 | 0.959964 | 3.346847 | 12.198198 | 0.932432 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Affordable and Reliable Gas Act of
2005''.
SEC. 2. LIST OF FUELS.
(a) List of Fuels.--Section 211(c)(4)(C) of the Clean Air Act (42
U.S.C. 7545(c)(4)(C)) (as amended by the Energy Policy Act of 2005
(Public Law 109-58; 119 Stat. 1106)) is amended by striking the second
clause (v) and inserting the following:
``(vi)(I) The Administrator shall have no authority, when
considering a State implementation plan or a State implementation plan
revision, to approve under this paragraph any fuel included in such
plan or revision if the effect of such approval would be to increase
the total number of fuels approved under this paragraph as of September
1, 2004 in all State implementation plans.
``(II) The Administrator, in consultation with the Secretary of
Energy, shall determine the total number of fuels approved under this
paragraph as of September 1, 2004, in all State implementation plans
and shall publish a list of such fuels, including the states and
Petroleum Administration for Defense District in which they are used,
in the Federal Register no later than 90 days after enactment.
``(III) The Administrator shall remove a fuel from the list
published under subclause (II) if a fuel ceases to be included in a
State implementation plan or if a fuel in a State implementation plan
is identical to a Federal fuel formulation implemented by the
Administrator and shall reduce the total number of fuels authorized
under the list published under subclause (II) appropriately.
``(IV) Subclause (I) shall not limit the Administrator's authority
to approve a control or prohibition respecting any new fuel under this
paragraph in a State's implementation plan or a revision to that
State's implementation plan after the date of enactment of this Act if
such new fuel completely replaces a fuel on the list published under
subclause (II).
``(V) The Administrator shall have no authority under this
paragraph, when considering any particular State's implementation plan
or a revision to that State's implementation plan, to approve any fuel
unless that fuel was, as of the date of such consideration, approved in
at least one State implementation plan in the applicable Petroleum
Administrator for Defense District. However, the Administrator may
approve as part of a State implementation plan or State implementation
plan revision a fuel with a summertime Reid Vapor Pressure of 7.0 psi.
In no event shall such approval by the Administrator cause an increase
in the total number of fuels on the list published under subclause (II)
as of the date of consideration.
``(VI) Nothing in this clause shall be construed to have any effect
regarding any available authority of States to require the use of any
fuel additive registered in accordance with subsection (b), including
any fuel additive registered in accordance with subsection (b) after
the enactment of this subclause.
``(vii)(I) The provisions of clause (vi), including the limitations
of the authority of the Administrator and the cap on the total number
of fuels permitted, shall remain in effect until the harmonization of
fuels under subclause V of this clause is accomplished. Once such
harmonization has been accomplished, clause (v) shall sunset and the
limitations of the authority of the Administrator under subclause (IV)
of this clause shall apply.
``(II) The Administrator, in coordination with the Secretary of
Energy (hereinafter in this clause referred to as the `Secretary'),
shall identify and publish in the Federal Register, within 12 months
after the enactment of this subclause and after notice and opportunity
for public comment, a list of 5 gasolines and diesel fuels to be used
in States that have not received a waiver under section 209(b) of this
Act. The list shall be referred to as the `Federal Fuels List' and
shall include one Federal on-road diesel fuel (which shall grandfather
the sulfur phase down in the Administrator's ultra low sulfur diesel
fuel regulations in effect as of the date of enactment and shall permit
the implementation of one alternative diesel fuel, approved under this
subparagraph before enactment of this subclause for a State that has
not received a section 209(b) waiver, only in the State in which it was
approved prior to enactment), one conventional gasoline for ozone
attainment areas, one reformulated gasoline (RFG) meeting the
requirements of subsection (k), and 2 additional gasolines with Reid
vapor pressure (RVP) controls for use in ozone attainment areas of
varying degrees of severity. None of the fuels identified under this
subclause shall control fuel sulfur or toxics levels beyond levels
required by regulations of the Administrator.
``(III) Gasolines and diesel fuels shall be included on the Federal
Fuels List based on the Administrator's analysis of their ability to
reduce ozone emissions to assist States in attaining established ozone
standards under this Act, and on an analysis by the Secretary that the
adoption of the Federal Fuels List will not result in a reduction in
supply or in producibility, including that caused by a reduction in
domestic refining capacity as a result of the adoption of the Federal
Fuels List. In the event the Secretary concludes that adoption of the
Federal Fuels List will result in a reduction in supply or in
producibility, the Administrator and the Secretary shall report that
conclusion to Congress, and suspend implementation of this clause. The
Administrator and the Secretary shall conduct the study required under
section 1541(c) of the Energy Policy Act of 2005 on the timetable
required in that section to provide Congress with legislative
recommendations for modifications to the proposed Federal Fuels List
only if the Secretary concludes that adoption of the Federal Fuels List
will result in a reduction in supply or in producibility.
``(IV) Upon publication of the Federal Fuels List, the
Administrator shall have no authority, when considering a State
implementation plan or State implementation plan revisions, to approve
under this subparagraph any fuel included in such plan or plan revision
if the proposed fuel is not one of the fuels on the Federal Fuels List;
or to approve a State's plan or plan revision to move from one fuel on
the Federal Fuels List to another unless, after consultation with the
Secretary, the Administrator publishes in the Federal Register, after
notice and opportunity for public comment, a finding that, in the
Administrator's judgment, such plan or plan revision to adopt a
different fuel on the Federal Fuels List will not cause fuel supply or
distribution disruptions in the affected area or contiguous areas. The
Administrator's finding shall include an assessment of reasonably
foreseeable supply or distribution emergencies that could occur in the
affected area or contiguous area and how adoption of the particular
fuel revisions would effect alternative supply options during
reasonably foreseeable supply or distribution emergencies.
``(V) The Administrator, in consultation with the Secretary, shall
develop a plan to harmonize the currently approved fuels in State
implementation plans with the fuels included on the Federal Fuels List
and shall promulgate implementing regulations for this plan not later
than 18 months after enactment of this subclause. This harmonization
shall be fully implemented by the States by December 31, 2008.''.
(b) Boutique Fuels.--Section 1541 of the Energy Policy Act of 2005
(Public Law 109-58; 119 Stat. 1106) is amended by striking subsection
(c) and inserting the following:
``(c) Study and Report to Congress on Boutique Fuels.--
``(1) Joint study.--The Administrator of the Environmental
Protection Agency and the Secretary of Energy shall undertake a
study of the effects on air quality, on the number of fuel
blends, on fuel availability, on fuel fungibility, and on fuel
costs of the State plan provisions adopted pursuant to section
211(c)(4)(C) of the Clean Air Act (42 U.S.C. 7545(c)(4)(C)).
``(2) Focus of study.--The primary focus of the study
required under paragraph (1) shall be to determine how to
develop a Federal fuels system that maximizes motor fuel
fungibility and supply, preserves air quality standards, and
reduces motor fuel price volatility that results from the
proliferation of boutique fuels, and to recommend to Congress
such legislative changes as are necessary to implement such a
system. The study should include the impacts on overall energy
supply, distribution, and use as a result of the legislative
changes recommended. The study should include an analysis of
the impact on ozone emissions and supply of a mandatory
reduction in the number of fuel blends to 5, including one on-
road Federal diesel fuel (which shall grandfather the sulfur
phase down in the Administrator's ultra low sulfur diesel fuel
regulations and shall permit the implementation of, one
alternative diesel fuel, blend approved under this subparagraph
before enactment of this subclause for a State that has not
received a section 209(b) waiver, only in the State in which it
was approved prior to enactment), one conventional gasoline for
ozone attainment areas, one reformulated gasoline (RFG) meeting
the requirements of subsection (k), and 2 additional gasolines
blends with Reid vapor pressure (RVP) controls for use in ozone
attainment areas of varying degrees of severity.
``(3) Conduct of study.--In carrying out their joint duties
under this section, the Administrator and the Secretary shall
use sound science and objective science practices, shall
consider the best available science, shall use data collected
by accepted means and shall consider and include a description
of the weight of the scientific evidence. The Administrator and
the Secretary shall coordinate the study required by this
section with other studies required by the act and shall
endeavor to avoid duplication of effort with regard to such
studies.
``(4) Responsibility of administrator.--In carrying out the
study required by this section, the Administrator shall
coordinate obtaining comments from affected parties interested
in the air quality impact assessment portion of the study. The
Administrator shall use sound and objective science practices,
shall consider the best available science, and shall consider
and include a description of the weight of the scientific
evidence.
``(5) Responsibility of secretary.--In carrying out the
study required by this section, the Secretary shall coordinate
obtaining comments from affected parties interested in the fuel
availability, number of fuel blends, fuel fungibility and fuel
costs portion of the study.
``(6) Report to congress.--The Administrator and the
Secretary jointly shall submit the results of the study
required by this section in a report to the Congress not later
than 12 months after the date of the enactment of this Act,
together with any recommended regulatory and legislative
changes. Such report shall be submitted to the Committee on
Energy and Commerce of the House of Representatives and the
Committee on Environment and Public Works of the Senate.
``(7) Authorization of appropriations.--There is authorized
to be appropriated jointly to the Administrator and the
Secretary $500,000 for the completion of the study required
under this subsection.''. | Affordable and Reliable Gas Act of 2005 - Amends the Clean Air Act (as amended by the Energy Policy Act of 2005) to: (1) require the Administrator of the Environmental Protection Agency (EPA), in coordination with the Secretary of Energy, to identify and publish in the Federal Register a list of five gasolines and diesel fuels to be used in state implementation plans (SIPs) (Federal Fuels List); (2) require an analysis of the ability of such listed fuels to reduce ozone emissions; (3) restrict the authority of the Administrator to approve fuels proposed in an SIP but not included on the Federal Fuels List; (4) require the Administrator, in consultation with the Secretary, to develop a federal-state fuel harmonization plan to be fully implemented by the states by December 31, 2008; and (5) revise requirements for the joint study of boutique fuels to require an analysis of the impact on ozone emissions and supply of a mandatory reduction to five in the number of approved fuel blends. | {"src": "billsum_train", "title": "A bill to amend the Clean Air Act to provide for a Federal Fuels List, and for other purposes."} | 2,437 | 218 | 0.55905 | 1.552978 | 0.652423 | 4.313131 | 11.343434 | 0.949495 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kids IRA Act of 2009'' or the ``K-
IRA Act''.
SEC. 2. YOUNG SAVERS ACCOUNT.
(a) Establishment of Accounts.--
(1) In general.--Section 408A of the Internal Revenue Code
of 1986 (relating to Roth IRAs) is amended by adding at the end
the following new subsection:
``(g) Young Savers Account.--
``(1) In general.--Except as provided in this subsection, a
young savers account shall be treated in the same manner as a
Roth IRA.
``(2) Young savers account.--For purposes of this
subsection, the term `young savers account' means, with respect
to any taxable year, a Roth IRA which is established and
maintained on behalf of an individual who has not attained age
26 before the close of the taxable year.
``(3) Contribution limits.--In the case of any
contributions for any taxable year to 1 or more young savers
accounts established and maintained on behalf of an individual,
each of the following contribution limits for the taxable year
shall be increased as follows:
``(A) The contribution limit applicable to the
individual under subsection (c)(2) shall be increased
by the aggregate amount of qualified young saver
contributions to such accounts for the taxable year.
``(B) The contribution limits applicable to the
young savers accounts under subsection (a)(1) or
(b)(2)(B) of section 408, whichever is applicable,
shall be increased by the deductible amount in effect
under section 219(b)(5) for such taxable year
(determined without regard to subparagraph (B)
thereof).
``(4) Qualified contributions.--For purposes of this
subsection--
``(A) In general.--The term `qualified young saver
contribution' means a contribution by an individual
(with respect to whom a young savers account is not
established and maintained during the taxable year) to
a young savers account established and maintained on
behalf of another individual.
``(B) Limitations.--
``(i) Limit on accounts with respect to
individual.--The aggregate amount of
contributions which may be made for any taxable
year to all young savers accounts established
and maintained on behalf of an individual shall
not exceed the deductible amount in effect for
the taxable year under section 219(b)(5)
(determined without regard to subparagraph (B)
thereof).
``(ii) Limit on contributors.--The
aggregate amount of qualified contributions an
individual may make for any taxable year to all
young savers accounts shall not exceed the
deductible amount in effect for the taxable
year under section 219(b)(5) (determined
without regard to subparagraph (B) thereof).''.
(b) Partial Deductibility of Qualified Young Saver Contributions.--
Section 219 of such Code (relating to retirement savings) is amended by
adding at the end the following new subsection:
``(f) Qualified Young Saver Contributions.--
``(1) In general.--The amount allowable as a deduction
under this section (determined without regard to this
subsection) to any individual for any taxable year shall be
increased by an amount equal to 20 percent of so much of the
qualified young saver contributions (as defined in section
408A(g)) made by such individual for such taxable year as does
not exceed $5,000.
``(2) Limit based on modified adjusted gross income.--The
amount determined under paragraph (1) shall be reduced in the
same manner as under section 408A(c)(3)(A), except that the
applicable dollar amount shall be--
``(A) in the case of a taxpayer filing a joint
return, $315,000,
``(B) in the case of any other taxpayer (other than
a married individual filing a separate return),
$200,000, and
``(C) in the case of a married individual filing a
separate return, zero.
``(3) Inflation adjustment.--In the case of any taxable
year beginning in a calendar year after 2010, the dollar
amounts in subparagraphs (A) and (B) of paragraph (2) shall
each be increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2009' for `calendar year 1992' in
subparagraph (B) thereof.
Any increase determined under the preceding sentence shall be
rounded to the nearest multiple of $1,000.''.
(c) Conforming Amendment.--Paragraph (1) of section 408A(c) of such
Code (relating to no deduction allowed) is amended by striking ``No
deduction'' and inserting ``Except as provided in section 219(f), no
deduction''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2009. | Kids IRA Act of 2009 or the K-IRA Act - Amends the Internal Revenue Code to establish a tax-exempt individual retirement account for taxpayers under age 26, to be known as a young savers account. Treats such accounts as Roth individual retirement accounts for income tax purposes. Allows an income-based tax deduction for contributions to such accounts, up to $5,000 in any taxable year. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide for tax preferred savings accounts for individuals under age 26, and for other purposes."} | 1,146 | 88 | 0.572417 | 1.301425 | 0.570638 | 1.789474 | 13.381579 | 0.815789 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hudson-Mohawk River Basin Act of
2012''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Hudson-Mohawk River Basin together with the Erie
Canal connects the Great Lakes to the Atlantic Ocean and
includes the 13,400 square mile area encompassing five large
sub-basins: the Upper Hudson River sub-basin, the Mohawk River
sub-basin, the Lower Hudson River sub-basin, the Passaic River
sub-basin, and the Raritan River sub-basin.
(2) The Hudson-Mohawk River Basin played an essential role
in the birth of our Nation and its westward expansion. The
water of the Hudson-Mohawk Basin is the ink used to write the
early United States history of European settlement and the
American Revolution. The Basin's rivers served as a major
transportation corridor connecting the communities along it
from the Atlantic Ocean to the Great Lakes.
(3) The Hudson-Mohawk River Basin includes the largest
metropolitan area of the country: the New York-New Jersey
metropolitan area. This metropolitan area, together with the
many communities in the Upper Hudson, Mohawk, and Lower Hudson
sub-basins, makes the area one of the most densely and heavily
populated river basins in the country with over 15,000,000
people.
(4) The water resources of the Hudson-Mohawk River Basin
are functionally interrelated and their uses are
interdependent. A single entity is essential to provide
effective communication, coordination, and cooperation among
Federal, State, and local governments, non-governmental
organizations, and the private sector for this area.
(5) The New York-New Jersey Harbor Estuary is a complex
natural harbor at the junction of three major water bodies, the
New York Bight, the Hudson River and the Long Island Sound. In
addition, it receives freshwater inputs from the Raritan and
Passaic Rivers. The health and productivity of the New York
Bight is affected directly by the quality of the freshwater
inputs to the estuary from the Hudson, Passaic, and Raritan
Rivers.
(6) The headwaters of the Hudson originate within the
Adirondack Mountains, a treasured northeastern wilderness area,
protected under the New York State constitution since 1894. The
Hudson's path south through the Hudson River Highlands, and the
Mohawk's path south east to its junction with the Hudson,
provides the only natural break in the Appalachian Mountain
chain.
(7) The Mohawk Valley's abundant natural resources, and
fertile floodplain soils provided a rich endowment that first
supported the Mohawk nation and the Iroquois Confederacy and
later supported European settlement and the development of
industry and commerce.
(8) The Mohawk River and its watershed drain directly into
the Hudson River providing the largest freshwater input to the
brackish water mix that characterizes the Hudson River Estuary
and supports a biologically rich and productive ecosystem.
(9) The Mohawk River is integrated with the Erie Canal
along much of its channel. Therefore, tying the operation of
the Canal system to the health of the Mohawk and the Hudson
Rivers.
(10) Individuals in many communities throughout the Basin
have experienced devastating flooding that led to tremendous
costs for businesses, State, and local governments. A holistic
approach to river and stream monitoring, updated floodplain
maps, and development of floodplain management strategies based
upon improved understanding of the Basin's hydrology would make
communities safer and more resistant and resilient to flood
events.
(11) Each of the subwatersheds of the Hudson-Mohawk River
Basin receives support of programs administered by Federal,
State, regional, and local organizations.
(12) There has been little integration of planning and
program implementation to address the Hudson-Mohawk River Basin
in a holistic manner.
(13) New York, New Jersey, Vermont, Massachusetts, and
Connecticut have a long history of achievements working
together on resource management issues through their
memberships in the Delaware River Basin Commission, the
Susquehanna River Basin Commission, the Appalachian Regional
Commission, the New England Interstate Water Pollution Control
Commission, and the Lake Champlain Basin Program.
(14) Development and implementation of projects to control
flooding and improve water quality must be done with the full
participation of local communities and citizens, address the
needs they identify, and be conducted in a manner that respects
private property and is consistent with the authorities of
state and local jurisdictions.
SEC. 3. DEFINITIONS.
(a) Hudson-Mohawk River Basin.--The term ``Hudson-Mohawk River
Basin'' means the area of drainage of the Hudson, Mohawk, Passaic and
Raritan Rivers and their tributaries into the New York-New Jersey
Harbor Estuary. This includes areas in New York, New Jersey, Vermont,
Massachusetts, and Connecticut.
(b) Commission.--The term ``Commission'' means the Hudson-Mohawk
River Basin Commission established under section 4.
(c) Water Resources.--The term ``water resources'' means all
surface waters and ground waters contained or otherwise originating
within the Hudson-Mohawk River Basin.
SEC. 4. HUDSON-MOHAWK RIVER BASIN COMMISSION.
(a) Establishment.--The President shall--
(1) establish the Hudson-Mohawk River Basin Commission in
cooperation with the Governors of the States included in the
Hudson-Mohawk River Basin to coordinate activities being
undertaken by the States, advisory committees, local
governments, institutions of higher education, and non-
governmental organizations to address environmental, economic,
and cultural issues associated with the management and use of
resources in the Hudson-Mohawk Watershed; and
(2) designate the Secretary of Interior to serve as a
member of the Commission and as coordinator of participation of
relevant Federal agencies in the activities of the Commission.
(b) Membership.--The Commission shall include a Federal
representative designated by the President, and the Governors of the 5
States whose territory is encompassed by the Hudson-Mohawk River Basin
and its associated ground waters; New York, New Jersey, Connecticut,
Massachusetts, and Vermont. Each of the 4 Governors shall appoint an
alternate to act on the Governor's behalf including attendance at
meetings of the Commission and with the power to vote in the absence of
the member.
(c) Duties of the Commission.--The Commission shall--
(1) develop and implement plans, policies, and projects
relating to the water resources of the Hudson-Mohawk River
Basin;
(2) adopt and promote uniform and coordinated policies for
management and conservation of water resources in the Hudson-
Mohawk River Basin;
(3) adopt an annual capital budget, including all projects
the Commission proposes to undertake or continue during the
budget period with a statement of the estimated cost of each
project and the method of financing the project; and
(4) coordinate and direct the development, implementation,
operation, and financing of water resources projects consistent
with its plans and policies.
SEC. 5. COMPREHENSIVE PLAN.
(a) Plan Development.--The Commission shall develop and adopt a
comprehensive plan for the development and use of water resources of
the Hudson-Mohawk River Basin. In developing the plan the Commission
shall--
(1) consult with State and Federal agencies with
jurisdiction over water resources, local governments, non-
governmental organizations, public utilities, water users, and
other interested parties;
(2) prior to adoption of the plan or any subsequent
revision of the plan, publish a draft plan and provide
opportunity for public comment; and
(3) periodically review and revise the plan.
(b) Plan Contents.--The plan shall address all projects and
facilities required for development, conservation, use, management, and
control of the water resources of the Hudson-Mohawk River Basin to meet
present and future needs. The plan shall--
(1) identify water resource needs in the Hudson-Mohawk
River Basin related to water supply, water quality, flooding,
ecosystems, fisheries, energy production, navigation,
recreation, agriculture, and economic development and establish
goals for protection or enhancement of water resources to
address the identified needs;
(2) inventory the historic and cultural resources of the
Hudson-Mohawk River Basin and identify projects to provide for
cultural enrichment, preservation of cultural resources, public
education about local heritage and historical significance of
properties, canals, and other historic sites within the Hudson-
Mohawk River Basin;
(3) provide a comprehensive assessment of the status of
water resources in the Hudson-Mohawk River Basin and identify
additional research and information required to support
management of water resources in the Hudson-Mohawk River Basin;
and
(4) provide a mechanism to promote communication and
coordination among the organizations engaged in water resource
management activities to encourage efficient use of scarce
resources, avoid conflicts and inconsistencies, to promote
consistent and fair treatment of all water users, and to
promote collaborative working relationships among all entities
working in the Hudson-Mohawk River Basin.
SEC. 6. WATER RESOURCES PROGRAM.
The Commission shall adopt a water resources program on an annual
basis, based upon the comprehensive plan, that identifies specific
projects and facilities to be undertaken by the Commission, other
governmental and private entities, educational institutions, non-
governmental organizations, and individuals during the immediate 5-year
period. The water resources program shall include a systematic
presentation for each of the five sub-basins of--
(1) the specific needs to be addressed by the water
resources program;
(2) the existing and proposed projects, studies, and
facilities required to satisfy the identified needs;
(3) the subset of projects and studies that will be
undertaken by the Commission during such period; and
(4) the budget for the identified projects and studies.
SEC. 7. SAVINGS PROVISIONS.
Nothing in this Act shall be construed to repeal, modify, or limit
the authority of--
(1) the Federal Government or the State government members
of the Commission to enact legislation or enforce any
additional conditions or restrictions within their
jurisdictions; and
(2) local governments to regulate land use as provided for
by law or regulation.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) Commission.--There is authorized to be appropriated to the
Commission $500,000 for each fiscal year to carry out the duties of the
Commission.
(b) Comprehensive Plan.--There is authorized to be appropriated to
the Secretary of Interior $25,000,000 for each of fiscal years 2014
through 2020 to carry out projects consistent with the comprehensive
plan that are identified in the annual Hudson-Mohawk Water Resources
Program adopted by the Commission in accordance with section 6. | Hudson-Mohawk River Basin Act of 2012 - Directs the President to: (1) establish the Hudson-Mohawk River Basin Commission, in cooperation with the governors of the states included in the Hudson-Mohawk River Basin (New York, New Jersey, Vermont, Massachusetts, and Connecticut), to coordinate activities being undertaken by the states, advisory committees, local governments, institutions of higher education, and nongovernmental organizations to address environmental, economic, and cultural issues associated with the management and use of resources in the Hudson-Mohawk Watershed; and (2) designate the Secretary of the Interior to serve as a member of the Commission and as coordinator of participation of relevant federal agencies in the Commission's activities.
Requires the Commission to: (1) develop and implement plans, policies, and projects relating to the Basin's water resources; (2) adopt and promote uniform and coordinated policies for management and conservation of such resources; (3) coordinate and direct the development, implementation, operation, and financing of water resources projects consistent with its plans and policies; and (4) develop and adopt a comprehensive plan for the development and use of such resources, which shall address all projects and facilities required for development, conservation, use, management, and control of the Basin's water resources to meet present and future needs.
Directs the Commission to adopt a water resources program on an annual basis, based upon the comprehensive plan, that identifies specific projects and facilities to be undertaken during the immediate five-year period. | {"src": "billsum_train", "title": "To authorize the Secretary of Interior to carry out projects and conduct research on water resources in the Hudson-Mohawk River Basin, to establish a Hudson-Mohawk River Basin Commission, and for other purposes."} | 2,315 | 317 | 0.531939 | 1.714775 | 0.643021 | 7.023649 | 7.35473 | 0.983108 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Platform Equality and Remedies for
Rights Holders in Music Act of 2006'' or the ``Perform Act of 2006'' .
SEC. 2. RATE SETTING STANDARDS.
(a) Section 112 Licenses.--Section 112(e)(4) of title 17, United
States Code, is amended in the third sentence by striking ``fees that
would have been negotiated in the marketplace between a willing buyer
and a willing seller'' and inserting ``the fair market value of the
rights licensed under this subsection''.
(b) Section 114 Licenses.--Section 114(f) of title 17, United
States Code, is amended--
(1) by striking paragraph (1);
(2) by redesignating paragraphs (2), (3), (4), and (5) as
paragraphs (1), (2), (3), and (4), respectively; and
(3) in paragraph (1) (as redesignated under this
subsection)--
(A) in subparagraph (A), by striking all after
``Proceedings'' and inserting ``under chapter 8 shall
determine reasonable rates and terms of royalty
payments for eligible transmissions during the 5-year
period beginning on January 1 of the second year
following the year in which the proceedings are to be
commenced, and on January 1 of every 5-year period
thereafter, except when a different transitional period
is provided under section 6(b)(3) of the Copyright
Royalty and Distribution Reform Act of 2004, or such
other period as the parties may agree.'';
(B) in subparagraph (B)--
(i) in the first sentence, by striking
``affected by this paragraph'' and inserting
``under this section'';
(ii) in the second sentence, by striking
``nonsubscription''; and
(iii) in the third sentence--
(I) by striking ``transmissions by
eligible nonsubscription services and
new subscription'' and inserting
``eligible transmission''; and
(II) by striking ``rates and terms
that would have been negotiated in the
marketplace between a willing buyer and
a willing seller'' and inserting ``the
fair market value of the rights
licensed under this section'';
(iv) in the fourth sentence, by striking
``base its'' and inserting ``base their'';
(v) in clause (i), by striking ``and''
after the semicolon;
(vi) in clause (ii), by striking the period
and inserting ``; and'';
(vii) by inserting after clause (ii) the
following:
``(iii) the degree to which reasonable
recording affects the potential market for
sound recordings, and the additional fees that
are required to be paid by services for
compensation.''; and
(viii) in the matter following clause (ii),
by striking ``described in subparagraph (A)'';
and
(C) by striking subparagraph (C) and inserting the
following:
``(C) The procedures under subparagraphs (A) and (B) shall
also be initiated pursuant to a petition filed by any copyright
owners of sound recordings or any transmitting entity
indicating that a new type of service on which sound recordings
are performed is or is about to become operational, for the
purpose of determining reasonable terms and rates of royalty
payments with respect to that new type of service for the
period beginning with the inception of such new type of service
and ending on the date on which the royalty rates and terms for
preexisting subscription services, eligible nonsubscription
services, or new subscription services, as the case may be,
most recently determined under subparagraph (A) or (B) and
chapter 8 expire, or such other period as the parties may
agree.
``(D) In this paragraph, the term `eligible transmission'
means--
``(i) subscription transmissions by preexisting
subscription services;
``(ii) subscription transmissions by preexisting
satellite digital audio radio services;
``(iii) eligible nonsubscription transmissions; and
``(iv) transmissions by new subscription
services.''.
(c) Content Protection.--Section 114(d)(2) of title 17, United
States Code, is amended--
(1) in subparagraph (A)--
(A) in clause (ii), by striking ``and'' after the
semicolon;
(B) in clause (iii), by adding ``and'' after the
semicolon; and
(C) by adding after clause (iii) the following:
``(iv) the transmitting entity takes no
affirmative steps to authorize, enable, cause,
or induce the making of a copy or phonorecord
by or for the transmission recipient and uses
technology that is reasonably available,
technologically feasible, and economically
reasonable to prevent the making of copies or
phonorecords embodying the transmission, in
whole or in part, except for reasonable
recording as defined in subsection (j)(10);'';
(2) in subparagraph (C)--
(A) by striking clause (vi); and
(B) by redesignating clauses (vii) through (ix) as
clauses (vi) through (viii), respectively; and
(3) by adding at the end the following:
``For purposes of subparagraph (A)(iv), the mere offering of a
transmission and accompanying metadata does not in itself enable the
making of a copy or phonorecord. Nothing in subparagraph (A)(iv) shall
preclude or prevent a performing rights society or a mechanical rights
organization, or any entity owned in whole or in part by, or acting on
behalf of, such organizations, from monitoring public performances or
other uses of copyrighted works contained in such transmissions. Any
such organization or entity shall be granted a license on either a
gratuitous basis or for a de minimus fee to cover only the reasonable
costs to the licensor of providing the license, and on reasonable,
nondiscriminatory terms, to access and retransmit as necessary any
content contained in such transmissions protected by content protection
or similar technologies, if such licenses are for purposes of carrying
out the activities of such organizations or entities in monitoring the
public performance or other uses of copyrighted works, and such
organizations or entities employ reasonable methods to protect any such
content accessed from further distribution.''.
(d) Definition.--Section 114(j) of title 17, United States Code, is
amended--
(1) by redesignating paragraphs (10) through (15) as
paragraphs (11) through (16), respectively; and
(2) by inserting after paragraph (9) the following:
``(10)(A) A `reasonable recording' means the making of a
copy or phonorecord of a performance licensed under this
section for private, noncommercial use if technological
measures used by the transmitting entity and incorporated into
a recording device--
``(i) permit automated recording or playback based
on specific programs, time periods, or channels as
selected by or for the user;
``(ii) do not permit automated recording or
playback based on specific sound recordings, albums, or
artists;
``(iii) do not permit the separation of component
segments of the copyrighted material contained in the
transmission program which results in the playback of a
manipulated sequence; and
``(iv) do not permit the redistribution,
retransmission, or other exporting of a phonorecord
embodying all or part of a performance licensed under
this section from the device by digital outputs or
removable media, unless the destination device is part
of a secure in-home network that also complies with
this paragraph.
``(B) Nothing in this paragraph prevents a consumer from
engaging in non-automated manual recording and playback in a
manner that is not an infringement of copyright.''.
(e) Technical and Conforming Amendments.--
(1) Section 114.--Section 114(f) of title 17, United States
Code (as amended by subsection (b) of this section), is further
amended--
(A) in paragraph (1)(B), in the first sentence, by
striking ``paragraph (3)'' and inserting ``paragraph
(2)''; and
(B) in paragraph (4)(C), by striking ``under
paragraph (4)'' and inserting ``under paragraph (3)''.
(2) Chapter 8.--(A) Section 801(b) of title 17, United
States Code, is amended--
(i) in paragraph (1), by striking ``114(1)(B),
115,'' and inserting ``115''; and
(ii) in paragraph (7)(B), by striking ``114(f)(3)''
and inserting ``114(f)(2)''.
(B) Section 803(c)(2)(E)(i)(II) of title 17, United States
Code, is amended--
(i) by striking ``or 114(f)(2)(C)''; and
(ii) by striking ``114(f)(4)(B)'' and inserting
``114(f)(3)(B)''.
(C) Section 804(b)(3)(C) of title 17, United States Code,
is amended--
(i) in clause (i), by striking ``and
114(f)(2)(C)''; and
(ii) in clause (iv), by striking ``or 114(f)(2)(C),
as the case may be''.
SEC. 3. REGISTER OF COPYRIGHTS MEETING AND REPORT.
(a) Meeting.--Not later than 60 days after the Copyright Royalty
Judges make their final determination in Docket No. 2005-1 CRB DTRA,
the Register of Copyrights shall convene a meeting among affected
parties to discuss whether to recommend creating a new category of
limited interactive services, including an appropriate premium rate for
such services, within the statutory license contained in section 114 of
title 17, United States Code.
(b) Report.--Not later than 90 days after the convening of the
meeting under subsection (a), the Register of Copyrights shall submit a
report on the discussions at that meeting to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of the House
of Representatives. | Platform Equality and Remedies for Right Holders in Music Act of 2006 or the Perform Act of 2006 - Requires Copyright Royalty Judges (CRJs) to establish rates for a statutory license for the transmission of sound recordings by organizations that most clearly represent the fair market value of the rights licensed.
Replaces the different processes for setting rates and terms of royalty payments for subscription transmissions by preexisting subscription services, satellite digital radio services, and eligible nonsubscription transmission services with one process for all such transmissions. Directs CRJs, when setting such rates and terms, to consider: (1) the fair market value of the rights licensed; and (2) the degree to which reasonable recording affects the potential market for sound recordings and the additional fees that are required to be paid by services for compensation.
Conditions statutory licensing of transmissions on the transmitting entity using technology that is reasonably available, technologically feasible, and economically reasonable to prevent the making of copies or phonorecords embodying the transmission in whole or in part, except for reasonable recording. (Current law provides for limits on phonorecords of the transmission directly in a digital format.)
Allows a performing rights society or a mechanical rights organization to monitor public performances or other uses of copyrighted works contained in transmissions.
Requires the Register of Copyrights to convene a meeting among affected parties to discuss whether to recommend creating a new category of limited interactive services within certain statutory licenses for subscription transmissions. | {"src": "billsum_train", "title": "To harmonize rate setting standards for copyright licenses under sections 112 and 114 of title 17, United States Code, and for other purposes."} | 2,344 | 329 | 0.546588 | 1.889883 | 0.796252 | 3.727941 | 7.694853 | 0.904412 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Puerto Rico Democracy Act of 2006''.
SEC. 2. FINDINGS.
Congress finds that--
(1) in the Memorandum on the Commonwealth of Puerto Rico
(28 Weekly Comp. Pres. Doc. 2324, dated November 30, 1992),
President George H.W. Bush recognized that ``[a]s long as
Puerto Rico is a territory ... the will of its people regarding
their political status should be ascertained periodically by
means of a general right of referendum . . .'';
(2) consistent with this policy, in Executive Order No.
13183 (65 Fed. Reg. 82889), President William J. Clinton
established the President's Task Force on Puerto Rico's Status
to identify--
(A) options for the territory's future political
status ``... that are not incompatible with the
Constitution and basic laws and policies of the United
States ...''; and
(B) the process for realizing the identified
options;
(3) in Executive Order 13319 (68 Fed. Reg. 68233),
President George W. Bush amended Executive Order No. 13183 (65
Fed. Reg. 82889) to require that the President's Task Force on
Puerto Rico's Status issue a report ``... no less frequently
than once every 2 years, on progress made in the determination
of Puerto Rico's ultimate status.''; and
(4) on December 22, 2005, the Task Force appointed by
President George W. Bush issued a report recommending that not
later than 1 year after the date on which the report was
published, Congress should provide for a federally sanctioned
plebiscite in which the people of Puerto Rico would be asked to
vote on whether the people opt to--
(A) remain a United States territory; or
(B) pursue a constitutionally viable path toward a
permanent nonterritorial status with the United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Puerto
Rico State Elections Commission.
(2) Commonwealth.--The term ``Commonwealth'' means the
Commonwealth of Puerto Rico.
(3) Task force.--The term ``Task Force'' means the
President's Task Force on Puerto Rico's Status.
SEC. 4. FEDERALLY SANCTIONED PROCESS FOR PUERTO RICO'S SELF-
DETERMINATION.
(a) Plebiscite.--
(1) In general.--During the 110th Congress, but not later
than December 31, 2007, the Commission shall conduct a
plebiscite in the Commonwealth, the ballot of which shall
provide for voters to choose only 1 of the following options:
(A) ``The Commonwealth of Puerto Rico should
continue to be a territory of the United States. If you
agree, mark here____.''.
(B) ``The Commonwealth of Puerto Rico should pursue
a path toward permanent non-territory status. If you
agree, mark here ______. ''.
(2) Rules and regulations.--The Commission shall issue any
rules and regulations necessary to conduct the plebiscite under
this subsection.
(3) Certification of results.--The Commission shall certify
the results of the plebiscite conducted under this subsection
to the President and Congress.
(b) Federal Court Jurisdiction.--The Federal courts of the United
States shall have exclusive jurisdiction over any legal claim or
controversy arising from the implementation of this Act.
SEC. 5. AVAILABILITY OF FUNDS FOR THE SELF-DETERMINATION PROCESS.
(a) Availability of Amounts Derived From Tax on Foreign Rum.--
(1) In general.--During the period beginning on October 1,
2006, and ending on the date on which the results of the
plebiscite have been certified under section 4(a)(3), the
Secretary of the Treasury shall allocate to the Commission,
from amounts that would otherwise be covered into the treasury
of the Commonwealth under section 7652(e)(1) of the Internal
Revenue Code of 1986, not more than $5,000,000 to pay the costs
incurred by the Commission in conducting the plebiscite, as
determined under paragraph (2).
(2) Determination by the task force.--The amount needed to
cover the costs of the plebiscite shall be determined by the
Task Force.
(b) Use of Funds for Educational and Other Materials.--The amounts
made available to the Commission under subsection (a)(1) may be used
for the cost of voter education materials if the content of the
materials has been certified by the Task Force as not being
incompatible with the Constitution or any Federal laws or policies. | Puerto Rico Democracy Act of 2006 - Directs the Puerto Rico State Elections Commission to conduct a plebiscite in Puerto Rico during the 110th Congress on the sole question of continued U.S. territorial status or a path toward a permanent non-territorial status. | {"src": "billsum_train", "title": "A bill to provide for a plebiscite in Puerto Rico on the status of the territory."} | 1,036 | 62 | 0.527288 | 1.313338 | 1.056107 | 2.422222 | 20.555556 | 0.822222 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Curb Opioid Misuse By Advancing
Technology Act of 2016''.
SEC. 2. EXTENDED EXCLUSIVITY FOR CERTAIN DRUG PRODUCTS TO PROTECT THE
PUBLIC HEALTH.
(a) New Drug Applications.--Section 505(c)(3)(E) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 355(c)(3)(E)) is amended by
adding at the end the following:
``(vi) With respect to an application
described in clause (iii) or a supplement to an
application described in clause (iv), if such
application or supplement is approved on or
after the date of enactment of the Curb Opioid
Misuse By Advancing Technology Act of 2016, the
3-year period specified in each such clause
shall be extended for an additional period of
12 months if the person submitting such
application or supplement provides
documentation to the Secretary demonstrating
that the drug that is the subject of the
application or supplement--
``(I) is approved, in whole or in
part, on the basis of one or more new
clinical abuse potential studies; and
``(II) is approved with labeling
that characterizes the abuse-deterrent
properties of the drug product.''.
(b) Abbreviated New Drug Applications.--Section 505(j)(5) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)) is amended--
(1) in subparagraph (B), by adding at the end the
following:
``(v) With respect to an abbreviated
application described in clause (iv), if such
application is approved on or after the date of
enactment of the Curb Opioid Misuse By
Advancing Technology Act of 2016, the 180-day
period specified in such clause shall be
extended for an additional period of 60 days if
the first applicant submitting the abbreviated
application provides documentation to the
Secretary demonstrating that the listed drug
referred to paragraph (2)(A)(i) and referenced
in the abbreviated application--
``(I) is approved, in whole or in
part, on the basis of one or more new
clinical abuse potential studies; and
``(II) is approved with labeling
that characterizes the abuse-deterrent
properties of the drug product.''; and
(2) in subparagraph (F), by adding at the end the
following:
``(vi) With respect to an application
described in clause (iii) or a supplement to an
application described in clause (iv), if such
application or supplement is approved on or
after the date of enactment of the Curb Opioid
Misuse By Advancing Technology Act of 2016, the
3-year period specified in each such clause
shall be extended for an additional period of
12 months if the person submitting such
application or supplement provides
documentation to the Secretary demonstrating
that the drug that is the subject of the
application or supplement--
``(I) is approved, in whole or in
part, on the basis of one or more new
clinical abuse potential studies; and
``(II) is approved with labeling
that characterizes the abuse-deterrent
properties of that drug product.''.
(c) Regulations.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, the Secretary of Health and Human
Services (referred to in this section as ``the Secretary'')
shall adopt final regulations, which shall have been
promulgated in accordance with section 553 of title 5, United
States Code, to carry out the amendments made by this section.
(2) Restrictions.--Notwithstanding any other provision of
law, the Secretary shall promulgate regulations implementing
this section only as described in paragraph (1), except that
the Secretary may issue interim guidance for persons claiming
eligibility for the extension provided by clause (vi) of
subsection (c)(3)(E) or (j)(5)(F) of section 505 of the Federal
Food, Drug, and Cosmetic Act (as added by subsections (a) and
(b)) prior to the promulgation of such regulations.
(3) Exclusivity prior to regulations.--The Secretary shall
award the extensions provided by clause (vi) of subsection
(c)(3)(E) or (j)(5)(F) and by clause (v) of subsection
(j)(5)(B) of section 505 of the Federal Food, Drug, and
Cosmetic Act (as added by subsections (a) and (b)) prior to the
promulgation of regulations under this subsection, if an
application, supplement, or abbreviated application meets the
requirements for the applicable extension.
(d) Definitions.--
(1) The term ``new clinical investigations'' in subsections
(c)(3)(E)(iii), (c)(3)(E)(iv), (j)(5)(F)(iii), and
(j)(5)(F)(iv) of section 505 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355) shall include new clinical abuse
potential studies intended to assess the impact of potentially
abuse-deterrent properties of drug products in human subjects.
(2) The terms ``conditions of approval'' and ``change
approved in the supplement'' in subsections (c)(3)(E)(iii) and
(c)(3)(E)(iv) of section 505 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355) shall include any abuse-deterrent
properties of a drug product subject to the extension provided
by subsection (c)(3)(E)(vi) of such section 505 (as added by
subsection (a)), such that the Secretary may not make the
approval of an application submitted under subsection (b)(2) of
such section 505 effective before the expiration of 4 years
from the date of the approval of the application or supplement
under subsection (b) of such section 505, including the
extension under subsection (c)(3)(E)(vi) of such section 505,
unless the application submitted under subsection (b)(2) of
such section 505--
(A) is approved, in whole or in part, on the basis
of one or more new clinical abuse potential studies;
and
(B) is approved with labeling that characterizes
the abuse-deterrent properties of the drug product.
(3) The terms ``conditions of approval'' and ``change
approved in the supplement'' in subsections (j)(5)(F)(iii) and
(j)(5)(F)(iv) of section 505 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355) shall include any abuse-deterrent
properties of a drug product subject to the extension provided
by subsection (j)(5)(F)(vi) of such section 505 (as added by
subsection (b)), such that the Secretary may not make the
approval of an abbreviated application for a drug product
submitted under subsection (j) of such section 505 effective
before the expiration of 4 years from the date of the approval
of the application or supplement under subsection (b) of such
section 505, including the extension under subsection
(j)(5)(F)(vi) of such section 505.
(e) Relation to Other Exclusivity Periods.--Any extension under
clause (vi) in subsection (c)(3)(E) or (j)(5)(F) of section 505 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) (as added by
subsections (a) and (b)) shall be in addition to any extensions under
section 505A or 505E of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355a; 21 U.S.C. 355f) with respect to the drug. | Curb Opioid Misuse By Advancing Technology Act of 2016 This bill amends the Federal Food, Drug, and Cosmetic Act to extend the marketing exclusivity period for certain brand name drugs that the Food and Drug Administration approves: (1) on the basis of new clinical abuse potential studies, and (2) with labeling that characterizes the drug's abuse-deterrent properties. This extension does not apply to the marketing exclusivity period for new chemical entities. The bill also extends the marketing exclusivity period for generics of these drugs. | {"src": "billsum_train", "title": "Curb Opioid Misuse By Advancing Technology Act of 2016"} | 1,792 | 117 | 0.571275 | 1.556836 | 0.584189 | 2.632653 | 15.316327 | 0.77551 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Community
Protection and Hazardous Fuels Reduction Act of 1997''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purpose.
Sec. 3. Definitions.
TITLE I--MANAGEMENT OF WILDLAND/URBAN INTERFACE AREAS
Sec. 101. Identification of wildland/urban interface areas.
Sec. 102. Contracting to reduce hazardous fuels and undertake forest
management projects in wildland/urban
interface areas.
Sec. 103. Monitoring requirements.
Sec. 104. Reporting requirements.
Sec. 105. Termination of authority.
TITLE II--FIRE DANGER REDUCTION BY REMOVAL OF GRASSES AND FORBS
Sec. 201. Removal of excess levels of grasses and forbs.
TITLE III--MISCELLANEOUS PROVISIONS
Sec. 301. Regulations.
Sec. 302. Authorization of appropriations.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) Management of Federal lands has been characterized by
large cyclical variations in fire suppression policies, timber
harvesting levels, and the attention paid to commodity and
noncommodity values.
(2) Forests on Federal lands are experiencing significant
disease epidemics and insect infestations.
(3) The combination of inconsistent management and natural
effects has resulted in a hazardous fuels buildup on Federal
lands that threatens catastrophic wildfire.
(4) While the long-term effect of catastrophic wildfire on
forests and forest systems is a matter of debate, there should
be no question that catastrophic wildfire must be prevented in
areas of the Federal lands where wildlands abut, or are located
in close proximity to, communities, residences, and other
private and public facilities on non-Federal lands.
(5) Wildfire resulting from hazardous fuels buildup in such
wildland/urban interface areas threatens the destruction of
communities, puts human life and property at risk, threatens
community water supplies with erosion that follows wildfire,
destroys wildlife habitat, and damages ambient air quality.
(6) The Secretary of Agriculture and the Secretary of the
Interior must assign a high priority and undertake aggressive
management to achieve the elimination of hazardous fuel buildup
and reduction of the risk of wildfire to the wildland/urban
interface areas on Federal lands. Protection of human life and
property, including water supplies and ambient air quality,
must be given the highest priority.
(7) The noncommodity resources, including riparian zones
and wildlife habitats, in wildland/urban interface areas on
Federal lands which must be protected to provide recreational
opportunities, clean water, and other amenities to neighboring
communities and the public suffer from a backlog of unfunded
forest management projects designed to provide such protection.
(8) In a period of fiscal austerity characterized by
shrinking budgets and personnel levels, Congress must provide
the Secretary of Agriculture and the Secretary of the Interior
with innovative tools to accomplish the required reduction in
hazardous fuels buildup and undertake other forest management
projects in the wildland/urban interface areas on the Federal
lands at least cost.
(b) Purpose.--The purpose of this Act is to provide new authority
and innovative tools to the Secretary of Agriculture and the Secretary
of the Interior to safeguard communities, lives, and property by
reducing or eliminating the threat of catastrophic wildfire, and to
undertake needed forest management projects, in wildland/urban
interface areas on Federal lands.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) Federal lands.--The term ``Federal lands'' means--
(A) federally managed lands administered by the
Bureau of Land Management under the Secretary of the
Interior; and
(B) federally managed lands administered by the
Secretary of Agriculture.
(2) Forest management project.--The term ``forest
management project'' means a project, including riparian zone
enhancement, habitat improvement, forage removal by livestock
grazing or mechanical means, and soil stabilization or other
water quality improvement project, designed to protect one or
more noncommodity resources on or in close proximity to Federal
lands.
(3) Land management plan.--The term ``land management
plan'' means the following:
(A) With respect to Federal lands described in
paragraph (1)(A), a land use plan prepared by the
Bureau of Land Management pursuant to section 202 of
the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1712), or other multiple-use plan currently in
effect.
(B) With respect to Federal lands described in
paragraph (1)(B), a land and resource management plan
(or if no final plan is in effect, a draft land and
resource management plan) prepared by the Forest
Service pursuant to section 6 of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1604).
(4) Secretary concerned.--The term ``Secretary concerned''
means--
(A) with respect to the Federal lands described in
paragraph (1)(A), the Secretary of the Interior; and
(B) with respect to the Federal lands described in
paragraph (1)(B), the Secretary of Agriculture.
(5) Wildland/urban interface area.--The term ``wildland/
urban interface area'' means an area of Federal land in close
proximity to communities and human habitations, such as homes,
cabins, and other property.
(6) Congressional committees.--The term ``congressional
committees'' means the Committee on Resources and the Committee
on Agriculture of the House of Representatives and the
Committee on Energy and Natural Resources and the Committee on
Agriculture, Nutrition, and Forestry of the Senate.
(7) Hazardous fuels buildup.--The term ``hazardous fuels
buildup'' means an accumulation of forage, woody debris, and
predominantly dead and dying timber that has the likelihood of
igniting.
TITLE I--MANAGEMENT OF WILDLAND/URBAN INTERFACE AREAS
SEC. 101. IDENTIFICATION OF WILDLAND/URBAN INTERFACE AREAS.
(a) Annual Identification.--On or before September 30 of each year,
each District Manager of the Bureau of Land Management and each Forest
Supervisor of the Forest Service shall identify those areas on Federal
lands within the jurisdiction of the District Manager or Forest
Supervisor that the District Manager or Forest Supervisor determines--
(1) meet the definition of wildland/urban interface areas;
and
(2) have hazardous fuels buildups and other forest
management needs that warrant the use of forest management
projects as provided in section 102.
(b) Treatment of Identification Process.--The identification of
wildland/urban interface areas under subsection (a) that have hazardous
fuels buildups and other forest management needs that warrant the use
of forest management projects as provided in section 102 shall not be
considered to be agency action for purposes of paragraph (2)(A) or
(2)(E) of section 102 of the National Environmental Policy Act of 1969
(42 U.S.C. 4332).
SEC. 102. CONTRACTING TO REDUCE HAZARDOUS FUELS AND UNDERTAKE FOREST
MANAGEMENT PROJECTS IN WILDLAND/URBAN INTERFACE AREAS.
(a) Contracting Authority.--
(1) In general.--The Secretary concerned is authorized to
enter into contracts under this section for the sale of forest
products in a wildland/urban interface area identified under
section 101 for the purpose of reducing hazardous fuels
buildups in the area.
(2) Inclusion of forest management projects.--Subject to
paragraph (3), the Secretary concerned may require, as a
condition of any sale of forest products referred to in
paragraph (1), that the purchaser of such products undertake
one or more forest management projects in the wildland/urban
interface area.
(3) Conditions on inclusion.--The Secretary concerned may
include a forest management project as a condition in a
contract for the sale of forest products referred to in
paragraph (1) only when the Secretary determines that--
(A) the forest management project is consistent
with the applicable land management plan; and
(B) the objectives of the forest management project
can be accomplished most cost efficiently and
effectively when the project is performed as part of
the sale contract.
(b) Financing and Supplemental Funding.--
(1) Forest management credits.--The financing of a forest
management project required as a condition of a contract for a
sale authorized by subsection (a) shall be accomplished through
the inclusion in the contract of a provision for amortization
of the cost of the forest management project through the
issuance of forest management credits to the purchaser. Such
forest management credits shall offset the cost of the required
forest management project against the purchaser's payment for
forest products.
(2) Use of appropriated funds.--The Secretary concerned may
use appropriated funds to assist the purchaser to undertake a
forest management project required as a condition of a contract
authorized by subsection (a) if such funds are provided from
the resource function or functions that directly benefit from
the performance of the project and are available from the
annual appropriation for such function or functions during the
fiscal year in which the sale is offered. The amount of
assistance to be provided for each forest management project
shall be included in the prospectus, and published in the
advertisement, for the sale.
(c) Determination of Forest Management Credits.--Prior to the
advertisement of a sale authorized by subsection (a), the Secretary
concerned shall determine the amount of forest management credits to be
allocated to each forest management project to be required as a
condition of the sale contract. A description of the forest management
project, and the amount of the forest management credits allocated to
the project, shall be included in the prospectus, and published in the
advertisement, for the sale.
(d) Transfer of Forest Management Credits.--The Secretary concerned
may permit a purchaser that holds forest management credits earned by
the purchaser as part of a sale authorized by subsection (a), but not
used in connection with that sale, to transfer the forest management
credits to another sale authorized by subsection (a) if--
(1) the subsequent sale is also purchased by that
purchaser; and
(2) the sale parcel is located on Federal lands under that
Secretary's jurisdiction.
(e) Treatment of Forest Management Credits as Moneys Received.--
(1) Bureau of land management lands.--In the case of
Federal lands described in section 3(1)(A), all amounts earned
by or allowed to any purchaser of a sale authorized by
subsection (a) in the form of forest management credits shall
be considered to be money received for purposes of title II of
the Act of August 28, 1937 (50 Stat. 875; 43 U.S.C. 1181f), the
first section of the Act of May 24, 1939 (53 Stat. 753; 43
U.S.C. 1181f-1), or other applicable law concerning the
distribution of receipts from the sale of forest products on
such lands.
(2) Forest system lands.--In the case of Federal lands
described in section 3(1)(B), all amounts earned by or allowed
to any purchaser of a sale authorized by subsection (a) in the
form of forest management credits shall be considered to be
money received for purposes of the sixth paragraph under the
heading ``FOREST SERVICE'' in the Act of May 23, 1908 (35 Stat.
260; 16 U.S.C. 500) and section 13 of the Act of March 1, 1911
(36 Stat. 963; commonly known as the Weeks Act; 16 U.S.C. 500).
(f) Cost Considerations.--Because of the strong concern for the
safety of human life and property and the protection of water quality,
air quality, and wildlife habitat, a sale authorized by subsection (a)
shall not be precluded because the costs of the sale may exceed the
revenues derived from the sale, nor shall such sales be considered in
any calculations concerning the revenue effects of the forest products
sales program for the Federal lands or units of the Federal lands.
(g) Other Requirements.--Nothing in this title shall be construed
to require or authorize any alteration in the procedures or
requirements for sales of forest products otherwise authorized by law,
including the applicable provisions of the small business set-aside
program.
SEC. 103. MONITORING REQUIREMENTS.
The Secretary concerned shall monitor the preparation and offering
of contracts, and the performance of forest management projects,
pursuant to section 102 to determine the effectiveness of such
contracts and forest management projects in achieving the purpose of
this Act.
SEC. 104. REPORTING REQUIREMENTS.
(a) Annual Report.--Not later than 90 days after the end of each
full fiscal year in which contracts are entered into under section 102,
the Secretary concerned shall submit to the congressional committees a
report, which shall provide for the Federal lands within the
jurisdiction of the Secretary concerned the following:
(1) A list of the wildland/urban interface areas identified
on or before September 30 of the previous fiscal year pursuant
to section 101.
(2) A summary of all contracts entered into, and all forest
management projects performed, pursuant to section 102 during
the preceding fiscal year;
(3) A discussion of any delays in excess of three months
encountered during the preceding fiscal year, and likely to
occur in the fiscal year in which the report is submitted, in
preparing and offering the sales, and in performing the forest
management projects, pursuant to section 102.
(4) The results of the monitoring required by section 103
of the contracts authorized, and the forest management projects
performed, pursuant to section 102.
(5) Any anticipated problems in the implementation of this
title.
(b) Four Year Report.--The fourth report prepared by the Secretary
concerned under subsection (a) shall contain, in addition to the
matters required by subsection (a), the following:
(1) An assessment by the Secretary concerned regarding
whether the contracting authority provided in section 102
should be reauthorized beyond the period specified in section
105(a).
(2) If reauthorization is warranted, such recommendations
as the Secretary concerned considers appropriate regarding
changes in such authority to better achieve the purpose of this
Act.
SEC. 105. TERMINATION OF AUTHORITY.
(a) Termination Date.--The authority of the Secretary concerned to
offer sales of forest products pursuant to section 102, and to require
the purchasers of such products to undertake forest management projects
as a condition of such sales, shall terminate at the end of the five-
fiscal year beginning on the first October 1st occurring after the date
of the enactment of this Act.
(b) Effect on Existing Sales.--Any contract for a sale of forest
products pursuant to section 102 entered into before the end of the
period specified in subsection (a), and still in effect at the end of
such period, shall remain in effect after the end of such period
pursuant to the terms of the contract.
(c) Effect on Existing Forest Management Credits.--If any forest
management credits from a sale of forest products pursuant to section
102 are not used before the end of the period specified in subsection
(a), and no law providing authority to offer sales pursuant to section
102 after such period is enacted by Congress, such credits may be used
after such period in any sale of forest products that is authorized by
another law, is purchased by the purchaser of the sale in which the
credits were earned, and is conducted by the Secretary concerned who
had jurisdiction over the sale in which the credits were earned.
TITLE II--FIRE DANGER REDUCTION BY REMOVAL OF GRASSES AND FORBS
SEC. 201. REMOVAL OF EXCESS LEVELS OF GRASSES AND FORBS.
(a) Contracting Authority.--Whenever a county commission or other
unit of local government certifies to the Secretary concerned that
there is a danger of fire in a wildland/urban interface area as a
result of excessive levels of grasses and forbs on Federal lands in the
area and requests the removal of the excessive grasses and forbs, the
Secretary is authorized and encouraged to enter into contracts with
livestock operators or other parties for the removal of the excessive
grasses and forbs.
(b) Removal Methods.--In the case of a contract under subsection
(a) with a livestock operator, the operator shall use grazing to remove
the excessive grasses and forbs. In the case of contracts with other
persons, mechanical means, such as discing or mechanical mowing, shall
be used.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
TITLE III--MISCELLANEOUS PROVISIONS
SEC. 301. REGULATIONS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary concerned shall prescribe such regulations as are
necessary and appropriate to implement this Act.
SEC. 302. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for each of the first five
fiscal years beginning after the date of the enactment of this Act such
sums as may be necessary to carry out this Act. | TABLE OF CONTENTS:
Title I: Management of Wildland-Urban Interface Areas
Title II: Fire Danger Reduction By Removal of Grasses and Forbs
Title III: Miscellaneous Provisions
Community Protection and Hazardous Fuels Reduction Act of 1997 -
Title I: Management of Wildland-Urban Interface Areas
- Requires the Bureau of Land Management and the Forest Service to identify wildlife-urban interface areas (areas of Federal land in close proximity to communities and human habitations) with hazardous fuels buildups and other forest management needs.
(Sec. 102) Authorizes the Secretary of Agriculture or of the Interior to (temporarily) enter into forest product sales contracts in order to reduce hazardous fuels buildups in such areas, which may require the purchaser to undertake forest management projects under specified conditions in return for forest management credits.
Title II: Fire Danger Reduction by Removal of Grasses and
Forbs
- Authorizes the Secretary concerned, upon local certification of fire hazard due to excessive grasses and forbs in such areas, to enter into livestock grazing contracts for such vegetation's removal. Authorizes appropriations.
Title III: Miscellaneous Provisions
- Requires the Secretary concerned to issue implementing regulations within a specified time.
Authorizes program appropriations. | {"src": "billsum_train", "title": "Community Protection and Hazardous Fuels Reduction Act of 1997"} | 3,840 | 304 | 0.703899 | 2.079731 | 0.839492 | 2.841667 | 14.375 | 0.866667 |
SECTION 1. MEDICARE DSH REPORT AND PAYMENT ADJUSTMENTS IN RESPONSE TO
COVERAGE EXPANSION INSTEAD OF PPACA AND HCERA REVISIONS.
(a) DSH Report.--Not later than January 1, 2016, the Secretary of
Health and Human Services shall submit to Congress a report on Medicare
DSH taking into account the impact of the health care reforms carried
out under the Patient Protection and Affordable Care Act, as amended by
the Health Care and Education Reconciliation Act of 2010, in reducing
the number of uninsured individuals. The report shall include
recommendations relating to the following:
(1) The appropriate amount, targeting, and distribution of
Medicare DSH to compensate for higher Medicare costs, Medicaid
reimbursement shortfalls, and uncompensated care associated
with serving low-income beneficiaries (taking into account
variations in the empirical justification for Medicare DSH
attributable to hospital characteristics, including bed size),
consistent with the original intent of Medicare DSH.
(2) The appropriate amount, targeting, and distribution of
Medicare DSH to hospitals given their continued uncompensated
care costs, to the extent such costs remain.
(b) Payment Adjustments in Response to Coverage Expansion.--
(1) In general.--If there is a significant decrease in the
national rate of uninsurance as a result of corrected PPACA (as
determined under paragraph (2)(A)), then the Secretary of
Health and Human Services shall, beginning no earlier than
fiscal year 2018, implement the following adjustments to
Medicare DSH:
(A) In lieu of the amount of Medicare DSH payment
that would otherwise be made under section
1886(d)(5)(F) of the Social Security Act, the amount of
Medicare DSH payment shall be an amount based on the
recommendations of the report under subsection (a)(1)
and shall take into account variations in the empirical
justification for Medicare DSH attributable to hospital
characteristics, including bed size.
(B) Subject to paragraph (3), make an additional
payment to a hospital by an amount that is estimated
based on the amount of uncompensated care provided by
the hospital based on criteria for uncompensated care
as determined by the Secretary, which shall exclude bad
debt.
(2) Significant decrease in national rate of uninsurance as
a result of this act.--For purposes of this subsection--
(A) In general.--There is a ``significant decrease
in the national rate of uninsurance as a result of
corrected PPACA'' if there is a decrease in the
national rate of uninsurance (as defined in
subparagraph (B)) from 2012 to 2014 that exceeds 8
percentage points.
(B) National rate of uninsurance defined.--The term
``national rate of uninsurance'' means, for a year,
such rate for the under-65 population for the year as
determined and published by the Bureau of the Census in
its Current Population Survey in or about September of
the succeeding year.
(3) Uncompensated care increase.--
(A) Computation of dsh savings.--For each fiscal
year (beginning with fiscal year 2018), the Secretary
shall estimate the aggregate reduction in the amount of
Medicare DSH payment that would be expected to result
from the adjustment under paragraph (1)(A).
(B) Structure of payment increase.--The Secretary
shall compute the additional payment to a hospital as
described in paragraph (1)(B) for a fiscal year in
accordance with a formula established by the Secretary
that provides that--
(i) the estimated aggregate amount of such
increase for the fiscal year does not exceed 50
percent of the aggregate reduction in Medicare
DSH estimated by the Secretary for such fiscal
year; and
(ii) hospitals with higher levels of
uncompensated care receive a greater increase.
(c) Definitions.--In this section:
(1) The term ``Medicare DSH'' means adjustments in payments
under section 1886(d)(5)(F) of the Social Security Act (42
U.S.C. 1395ww(d)(5)(F)) for inpatient hospital services
furnished by disproportionate share hospitals.
(2) The term ``corrected PPACA'' means the Patient
Protection and Affordable Care Act, as amended by the Health
Care and Education Reconciliation Act of 2010.
(d) Elimination of HCERA Provision.--Section 1886 of the Social
Security Act (42 U.S.C. 1395ww), as amended by sections 3133 and 10316
of the Patient Protection and Affordable Care Act and section 1104 of
the Health Care and Education Reconciliation Act of 2010, is amended--
(1) in subsection (d)(5)(F)(i), by striking ``Subject to
subsection (r), for'' and inserting ``For''; and
(2) by striking subsection (r).
SEC. 2. MEDICAID DSH REVISIONS.
Section 1923(f)(7)(A) of the Social Security Act (42 U.S.C. 1396r-
4(f)(7)(A)), as amended by sections 2551(a)(4) and 10201(e)(1) of the
Patient Protection and Affordable Care Act and section 1203(a) of the
Health Care and Education Reconciliation Act of 2010, is amended--
(1) clause (i), by striking ``2014 through 2020'' and
inserting ``2018 through 2024''; and
(2) in subclauses (I) through (VII) of clause (ii), by
striking ``2014'', ``2015'', ``2016'', ``2017'', ``2018'',
``2019'', and ``2020'' and inserting ``2018'', ``2019'',
``2020'', ``2021'', ``2022'', ``2023'', and ``2024'',
respectively. | Directs the Secretary of Health and Human Services (HHS) to report to Congress on the Medicare DSH (disproportionate share hospital) payment system, taking into account the impact of the health care reforms under the Patient Protection and Affordable Care Act (PPACA), as amended by the Health Care and Education Reconciliation Act of 2010 (HCERA), in reducing the number of uninsured individuals.
Requires the Secretary to make specified adjustments to the Medicare DSH payment system, including an additional payment to hospitals based on the amount of uncompensated care they have provided, if there is a significant decrease in the national rate of uninsurance as a result of corrected PPACA.
Amends title XVIII (Medicare) of the Social Security Act (SSA), as amended by PPACA and HCERA, to eliminate certain current requirements for adjustments to Medicare DSH payments.
Amends SSA title XIX (Medicaid), as amended by PPACA and HCERA, to postpone specified Medicaid DSH reductions scheduled for FY2014-FY2020 until FY2018-FY2024. | {"src": "billsum_train", "title": "To amend titles XIX and XVIII of the Social Security Act, as amended by the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010, with respect to payment of disproportionate share hospitals (DSH) under the Medicare and Medicaid programs."} | 1,277 | 243 | 0.632202 | 1.75846 | 0.819685 | 3.890052 | 5.78534 | 0.853403 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fee Repeal and Expanded Access Act
of 2009''.
SEC. 2. RECREATION FEE AUTHORITIES.
The Federal Lands Recreation Enhancement Act (16 U.S.C. 6801 et
seq.) is amended--
(1) by striking section 801 (16 U.S.C. 6801 note) and
inserting the following:
``SEC. 801. SHORT TITLE.
``This Act may be cited as the `Federal Lands Recreation
Enhancement Act'.'';
(2) by striking sections 802 through 812 (16 U.S.C. 6801
through 6811) and inserting the following:
``SEC. 802. RECREATION FEE AUTHORITY.
``(a) In General.--Beginning January 1, 2010, subject to
subsections (c) and (d), the Secretary of the Interior (referred to in
this section as the `Secretary') may establish and collect any fee from
individuals or groups for--
``(1) admission to a unit of the National Park System,
including a commercial vehicle admission fee for a National
Park at a level determined by the Secretary; and
``(2) the use of only the facilities or services described
in subsection (b) at Federal recreational land or water under
the jurisdiction of the Director of the National Park Service.
``(b) Authorized Facilities and Services.--The facilities and
services referred to in subsection (a)(2) are the following:
``(1) Use of developed campgrounds that provide at least a
majority of the following:
``(A) Tent or trailer spaces.
``(B) Picnic tables.
``(C) Drinking water.
``(D) Access roads.
``(E) The collection of the fee by an employee or
agent of the Federal land management agency.
``(F) Reasonable visitor protection.
``(G) Refuse containers.
``(H) Toilet facilities.
``(I) Simple devices for containing a campfire.
``(2) Use of highly developed boat launches with
specialized facilities or services, such as mechanical or
hydraulic boat lifts or facilities, multilane paved ramps,
paved parking, restrooms, and other improvements, such as
boarding floats, loading ramps, or fish cleaning stations.
``(3) Rental of cabins, boats, stock animals, lookouts,
historic structures, group day-use or overnight sites, audio
tour devices, portable sanitation devices.
``(4) Use of hookups for electricity, cable, or sewer.
``(5) Use of sanitary dump stations.
``(6) Use of transportation services.
``(7) Use of developed swimming sites that provide at least
a majority of the following:
``(A) Bathhouses with showers and flush toilets.
``(B) Refuse containers.
``(C) Picnic areas.
``(D) Paved parking.
``(E) Attendants, including lifeguards.
``(F) Floats encompassing the swimming area.
``(G) Swimming decks.
``(c) Prohibition on Fees for Certain Persons or Places.--The
Secretary shall not charge an admission fee under subsection (a) for--
``(1) a person under 16 years of age;
``(2) an outing conducted for a noncommercial educational
purpose by a school or other academic institution;
``(3)(A) the USS Arizona Memorial;
``(B) the Independence National Historical Park;
``(C) any unit of the National Park System within the
District of Columbia; or
``(D) the Arlington House--Robert E. Lee National Memorial;
``(4) the Flight 93 National Memorial;
``(5) an entrance on other route into the Great Smoky
Mountains National Park or any part of the Park unless fees are
charged for entrance into the Park on main highways and
thoroughfares;
``(6) an entrance to a unit of the National Park System
containing a deed restriction on charging fees; or
``(7) an area or unit covered under section 203 of the
Alaska National Interest Lands Conservation Act (16 U.S.C.
410hh-2), other than the Denali National Park and Preserve.
``(d) Prohibited Sites.--The Secretary shall not charge a fee under
subsection (a) for Federal recreational land or water managed by--
``(1) the Director of the Bureau of Land Management; or
``(2) the Commissioner of Reclamation.
``(e) Requirements.--In establishing fees pursuant to this section,
the Secretary shall--
``(1) establish the minimum practicable number of fees; and
``(2) avoid, to the maximum extent practicable, collection
of multiple or layered fees for a variety of activities or
programs.
``(f) Analysis.--
``(1) In general.--Before establishing a fee under
subsection (a), the Secretary shall analyze--
``(A) the benefits and services provided to
visitors to National Parks;
``(B) the cumulative effect of the assessment of
the fee;
``(C) the direct and indirect cost and benefit to
the Federal Government with respect to the fee;
``(D) applicable public policy and management
objectives;
``(E) the economic and administrative feasibility
of fee collection; and
``(F) such other factors as the Secretary
determines to be appropriate.
``(2) Submission to congress.--Not later than the date that
is 90 days before the date on which a fee established under
subsection (a) is published in the Federal Register, the
Secretary shall submit to Congress--
``(A) the analysis conducted with respect to the
fee under paragraph (1); and
``(B) a description of the level of the fee.
``(g) Publication.--
``(1) In general.--The Secretary shall publish in the
Federal Register a notice of--
``(A) any new fee established pursuant to this
section; and
``(B) any change in the amount of such a fee.
``(2) Effective date.--A fee established pursuant to this
section, and any modification to such a fee, shall not take
effect until the date that is 1 year after the date on which a
notification regarding the fee or modification is published in
the Federal Register under paragraph (1).
``(h) Administration.--
``(1) In general.--The Secretary--
``(A) may waive or discount a fee established
pursuant to this section, as the Secretary determines
to be appropriate; and
``(B) shall provide information to the public
regarding any fee program under this section, including
a description of the costs and benefits of the program.
``(2) Administrative costs.--The Secretary may use not more
than 15 percent of the total amount of fees collected pursuant
to this section for administrative costs of the recreation fee
program, including--
``(A) direct operating or capital costs;
``(B) the costs of fee collection;
``(C) the costs of notification of fee
requirements;
``(D) the costs of direct infrastructure;
``(E) fee program management costs;
``(F) the costs of bonding of volunteers;
``(G) start-up costs; and
``(H) the costs of analyzing and reporting on
program success and effects.
``(i) Distribution of Receipts.--Of amounts received by the
Secretary as a result of a fee collected at a specific area, site, or
facility pursuant to this section--
``(1) not less than 80 percent shall be used at the
specific area, site, or facility in accordance with subsection
(j); and
``(2) not more than 20 percent shall be used for other
activities or facilities of the National Park Service, as the
Secretary determines to be appropriate.
``(j) Use of Funds.--Amounts described in subsection (i)(1) may be
used at an area, site, or facility for--
``(1) repair, maintenance, facility enhancement, media
services, and infrastructure, including projects relating to
visitor enjoyment, visitor access, environmental compliance,
and health and safety;
``(2) interpretation, visitor information, visitor service,
visitor needs assessments, monitoring, and signs;
``(3) habitat enhancement, resource assessment,
preservation, protection, and restoration relating to
recreational uses; and
``(4) law enforcement relating to public use and
recreation.
``(k) Reports.--On January 1, 2014, and every 3 years thereafter,
the Secretary shall submit to Congress a report describing the status
of the recreation fee program under this section, including--
``(1) an evaluation of the program as conducted at each
unit of the National Park System;
``(2) a description of projects funded, activities
accomplished, and future projects and programs proposed to be
conducted using the fees; and
``(3) any recommendations for modifications to the fee
system of the Secretary.''
(3) in section 813 (16 U.S.C. 6812), by striking
subsections (e) and (f); and
(4) by striking section 814 (16 U.S.C. 6813).
SEC. 3. REINSTATEMENT OF CERTAIN ADMISSION AND USE FEE AUTHORITIES.
(a) Repeal.--Subsections (a), (c), and (d) of section 813 of the
Federal Lands Recreation Enhancement Act (16 U.S.C. 6812) are repealed
effective December 8, 2004.
(b) Applicability.--
(1) Land and water conservation fund act of 1965.--
Subsections (a) through (f), and (g) of section 4 of the Land
and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a)
shall be applied and administered as if section 813(a) of the
Federal Lands Recreation Enhancement Act (16 U.S.C. 6812(a))
had not been enacted.
(2) Admission permits for refuge units.--Section 201 of the
Emergency Wetlands Resources Act of 1986 (16 U.S.C. 3911) shall
be applied and administered as if section 813(c) of the Federal
Lands Recreation Enhancement Act (16 U.S.C. 6812(c)) had not
been enacted.
(3) Golden eagle passport.--Section 502 of the National
Parks Omnibus Management Act of 1998 (16 U.S.C. 5982) shall be
applied and administered as if section 813(d) of the Federal
Lands Recreation Enhancement Act (16 U.S.C. 6812(d)) had not
been enacted.
(4) National park passport program.--
(A) In general.--Title VI of the National Parks
Omnibus Management Act of 1998 (16 U.S.C. 5991 et seq.)
shall be applied and administered as if section 813(d)
of the Federal Lands Recreation Enhancement Act (16
U.S.C. 6812(d)) had not been enacted.
(B) Conforming amendment.--Section 603(c) of the
National Parks Omnibus Management Act of 1998 (16
U.S.C. 5993(c)) is amended by striking paragraph (2)
and inserting the following:
``(2) General use.--Of amounts received by the Secretary as
a result of sales of national park passports at a specific
area, site, or facility--
``(A) not less than 50 percent shall remain
available for use at the specific area, site, or
facility at which the sales occurred; and
``(B) not more than 50 percent shall be used for
other activities or facilities of the National Park
Service, as the Secretary determines to be
appropriate.''.
(c) Admission Fees.--Section 4(a) of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(a)) (as in effect
after subsections (a) and (b) take effect) is amended--
(1) in paragraph (1)--
(A) in the first sentence of subparagraph (A)(i),
by striking ``$25'' and and inserting ``$65''; and
(B) in the second sentence of subparagraph (B), by
striking ``$15'' and inserting ``$40''; and
(2) in paragraph (2)--
(A) in the fourth sentence, by striking ``$5'' and
inserting ``$25''; and
(B) in the sixth sentence, by striking ``$3'' and
inserting ``$12''. | Fee Repeal and Expanded Access Act of 2009 - Revises specified provisions of the Federal Lands Recreation Enhancement Act, including provisions concerning recreation fee authority, use of funds, distribution of revenue, recreation passes, and cooperative agreements.
Provides for the application and administration of certain admission and use fee authorities under the Land and Water Conservation Act of 1965, the Emergency Wetlands Resources Act of 1986, and the National Parks Omnibus Management Act of 1998 as if the Federal Lands Recreation Enhancement Act had not been enacted. | {"src": "billsum_train", "title": "A bill to repeal certain provisions of the Federal Lands Recreation Enhancement Act."} | 2,844 | 115 | 0.508896 | 1.289251 | 0.570012 | 3.572917 | 27.083333 | 0.864583 |
SECTION 1. ENHANCED SECURITY FOR AIRCRAFT.
(a) Security for Larger Aircraft.--
(1) Program required.--Not later than 90 days after the
date of the enactment of this Act, the Administrator of the
Federal Aviation Administration shall commence implementation
of a program to provide security screening for all aircraft
operations conducted with respect to any aircraft having a
maximum certified takeoff weight of more than 12,500 pounds
that is not operating as of the date of the implementation of
the program under security procedures prescribed by the
Administrator.
(2) Waiver.--
(A) Authority to waive.--The Administrator may
waive the applicability of the program under paragraph
(1) with respect to any aircraft or class of aircraft
otherwise described by that paragraph if the
Administrator determines that aircraft described in
that paragraph can be operated safely without the
applicability of the program to such aircraft or class
of aircraft, as the case may be.
(B) Limitations.--A waiver under subparagraph (A)
may not go into effect--
(i) unless approved by the Secretary of
Transportation; and
(ii) until 10 days after the date on which
notice of the waiver has been submitted to the
appropriate committees of Congress.
(3) Program elements.--The program under paragraph (1)
shall require the following:
(A) The search of any aircraft covered by the
program before takeoff.
(B) The screening of all crew members, passengers,
and other persons boarding any aircraft covered by the
program, and their property to be brought on board such
aircraft, before boarding.
(4) Procedures for searches and screening.--The
Administrator shall develop procedures for searches and
screenings under the program under paragraph (1). Such
procedures may not be implemented until approved by the
Secretary.
(b) Security for Smaller Aircraft.--
(1) Program required.--Not later than one year after the
date of the enactment of this Act, the Administrator shall
commence implementation of a program to provide security for
all aircraft operations conducted with respect to any aircraft
having a maximum certified takeoff weight of 12,500 pounds or
less that is not operating as of the date of the implementation
of the program under security procedures prescribed by the
Administrator. The program shall address security with respect
to crew members, passengers, baggage handlers, maintenance
workers, and other individuals with access to aircraft covered
by the program, and to baggage.
(2) Report on program.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall submit
to the appropriate committees of Congress a report containing a
proposal for the program to be implemented under paragraph (1).
(c) Background Checks for Aliens Engaged in Certain Transactions
Regarding Aircraft.--
(1) Requirement.--Notwithstanding any other provision of
law and subject to paragraph (3), no person or entity may sell,
lease, or charter any aircraft to an alien, or any other
individual specified by the Secretary for purposes of this
subsection, within the United States unless the Attorney
General issues a certification of the completion of a
background investigation of the alien, or other individual, as
the case may be, that meets the requirements of paragraph (2).
(2) Background investigation.--A background investigation
or an alien or individual under this subsection shall consist
of the following:
(A) A determination whether or not there is a
record of a criminal history for the alien or
individual, as the case may be, and, if so, a review of
the record.
(B) In the case of an alien, a determination of the
status of the alien under the immigration laws of the
United States.
(C) A determination whether the alien or
individual, as the case may be, presents a risk to the
national security of the United States.
(3) Expiration.--The prohibition in paragraph (1) shall
expire as follows:
(A) In the case of an aircraft having a maximum
certified takeoff weight of more than 12,500 pounds,
upon implementation of the program required by
subsection (a).
(B) In the case of an aircraft having a maximum
certified takeoff weight of 12,500 pounds or less, upon
implementation of the program required by subsection
(b).
(4) Alien defined.--In this subsection, the term ``alien''
has the meaning given that term in section 101(a)(3) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(3)).
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Commerce, Science, and Transportation
of the Senate; and
(2) the Committee on Commerce of the House of
Representatives. | Directs the Administrator of the Federal Aviation Administration to implement programs to provide security screening for all aircraft operations conducted with respect to any larger aircraft (with a maximum certified takeoff weight of more than 12,500 pounds) and any smaller aircraft (12,500 pounds or under) that are not operating under security procedures prescribed by the Administrator. Authorizes a waiver of such requirement to aircraft that can be operated safely without such a program.Prohibits a person or entity from selling, leasing, or chartering an aircraft to an alien, or any other individual specified by the Secretary of Transportation, within the United States unless the Attorney General certifies completion of a background investigation of the alien (or other individual) that meets specified requirements. | {"src": "billsum_train", "title": "A bill to provide for enhanced security with respect to aircraft."} | 1,008 | 152 | 0.586671 | 1.555009 | 0.748141 | 3.562963 | 7.177778 | 0.911111 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mother's Day Centennial
Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress hereby finds as follows:
(1) Anna Jarvis, who is considered to be the founder of the
modern Mother's Day, was born in Webster, West Virginia on May
1, 1864.
(2) A resident of Grafton, West Virginia, Anna Jarvis
dedicated much of her adult life to honoring her mother, Anna
Reeves Jarvis, who passed on May 9, 1905.
(3) In 1908, the Andrews Methodist Episcopal Church of
Grafton, West Virginia, officially proclaimed the third
anniversary of Anna Reeves Jarvis' death to be Mother's Day.
(4) In 1910, West Virginia Governor, William Glasscock,
issued the first Mother's Day Proclamation encouraging all West
Virginians to attend church and wear white carnations.
(5) On May 8, 1914, the Sixty-Third Congress approved H. J.
Res. 263 designating the second Sunday in May to be observed as
Mother's Day and encouraging all Americans to display the
American flag at their homes as a public expression of the love
and reverence for the mothers of our Nation.
(6) On May 9, 1914, President Woodrow Wilson issued a
Presidential Proclamation directing government officials to
display the American flag on all government buildings and
inviting the American people to display the flag at their homes
on the second Sunday of May as a public expression of the love
and reverence for the mothers of our nation.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--The Secretary of the Treasury (hereinafter in
this Act referred to as the ``Secretary'') shall mint and issue not
more than 400,000 $1 coins each of which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5136 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--The design of the coins minted under this
Act shall be emblematic of the 100th anniversary of President Wilson's
proclamation designating the second Sunday in May as Mother's Day.
(b) Designation and Inscriptions.--On each coin minted under this
Act there shall be--
(1) a designation of the value of the coin;
(2) an inscription of the year ``2014''; and
(3) inscriptions of the words ``Liberty'', ``In God We
Trust'', ``United States of America'', and ``E Pluribus Unum''.
(c) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Commission of Fine Arts; and
(2) reviewed by the Citizens Coinage Advisory Committee
established under section 5135 of title 31, United States Code.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning January 1, 2014, except that the Secretary may
initiate sales of such coins, without issuance, before such date.
(c) Termination of Minting Authority.--No coins shall be minted
under this Act after December 31, 2014.
SEC. 6. SALE OF COINS.
(a) Sale Price.--Notwithstanding any other provision of law, the
coins issued under this Act shall be sold by the Secretary at a price
equal to the sum of the face value of the coins, the surcharge required
under section 7(a) for the coins, and the cost of designing and issuing
such coins (including labor, materials, dies, use of machinery,
overhead expenses, and marketing).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders at a Discount.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) Surcharge Required.--All sales shall include a surcharge of $10
per coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges which are received by the Secretary from
the sale of coins issued under this Act shall be promptly paid by the
Secretary as follows:
(1) \1/2\ to the Susan G. Komen for the Cure for the
purpose of furthering research funded by the organization.
(2) \1/2\ to the National Osteoporosis Foundation for the
purpose of furthering research funded by the Foundation.
(c) Audits.--The Susan G. Komen for the Cure and the National
Osteoporosis Foundation shall be subject to the audit requirements of
section 5134(f)(2) of title 31, United States Code, with regard to the
amounts received by the respective organizations under subsection (b).
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of the enactment of this
Act). The Secretary of the Treasury may issue guidance to carry out
this subsection.
Passed the House of Representatives June 10, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Mother's Day Centennial Commemorative Coin Act - Instructs the Secretary of the Treasury to mint and issue not more than 400,000 $1 coins emblematic of the 100th anniversary of President Wilson's proclamation designating the second Sunday in May as Mother's Day.
Authorizes the Secretary to issue such coins beginning January 1, 2014, except that the Secretary may initiate sales of such coins, without issuance, before such date.
Terminates such minting authority after December 31, 2014.
Requires coin sales to include a $10 surcharge per coin, with distribution of such surcharges to the Susan G. Komen for the Cure and the National Osteoporosis Foundation for the purpose of furthering research.
Prohibits any surcharge if the coin's issuance would cause the number of commemorative coin programs issued during the year to exceed the annual two commemorative coin program issuance limitation. | {"src": "billsum_train", "title": "To require the Secretary of the Treasury to mint coins in commemoration of the centennial of the establishment of Mother's Day."} | 1,413 | 199 | 0.474171 | 1.49363 | 0.815661 | 5.622642 | 7.779874 | 0.943396 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Accountability and Identity
Fraud Elimination Act of 2004''.
SEC. 2. WITHHOLDING FUNDS FOR ENACTMENT OF A LAW ALLOWING ISSUANCE OF
IDENTIFICATION CARDS OR DRIVERS' LICENSES FOR CERTAIN
INDIVIDUALS.
(a) In General.--Subchapter I of chapter 1 of title 23, United
States Code, is amended by adding at the end the following:
``Sec. 165. Withholding funds for enactment of a law allowing issuance
of identification cards or drivers' licenses for certain
individuals.
``(a) Withholding of Apportionments.--
``(1) Fiscal year 2006.--The Secretary shall withhold 5
percent of the amount required to be apportioned to any State
under each of paragraphs (1), (3), and (4) of section 104(b) on
October 1, 2005, if the State has enacted a law described in
paragraph (7) on or before that date.
``(2) Fiscal year 2007.--The Secretary shall withhold 10
percent (including any amounts withheld under paragraph (1)) of
the amount required to be apportioned to any State under each
of paragraphs (1), (3), and (4) of section 104(b) on October 1,
2006 , if the State has enacted a law described in paragraph
(7) on or before that date.
``(3) Fiscal year 2008.--The Secretary shall withhold 15
percent of the amount required to be apportioned to any State
under each of paragraphs (1), (3), and (4) of section 104(b) on
October 1, 2007, if the State has enacted a law described in
paragraph (7) on or before that date.
``(4) Fiscal year 2009.--The Secretary shall withhold 20
percent of the amount required to be apportioned to any State
under each of paragraphs (1), (3), and (4) of section 104(b) on
October 1, 2008, if the State has enacted a law described in
paragraph (7) on or before that date.
``(5) Fiscal year 2010.--The Secretary shall withhold 25
percent of the amount required to be apportioned to any State
under each of paragraphs (1), (3), and (4) of section 104(b) on
October 1, 2009, if the State has enacted a law described in
paragraph (7) on or before that date.
``(6) Therafter.--The Secretary shall withhold 25 percent
of the amount required to be apportioned to any State under
each of paragraphs (1), (3), and (4) of section 104(b) on
October 1 of each fiscal year thereafter if the State has
enacted a law described in paragraph (7) on or before that
date.
``(7) Requirement.--A State shall have funds withheld under
this subsection if the State has enacted a law that allows the
issuance of an identification card or a driver's license to an
alien who is not legally authorized to be in the United States.
``(b) Period of Availability; Effect of Compliance and
Noncompliance.--
``(1) Period of availability of withheld funds.--
``(A) Funds withheld on or before september 30,
2007.--Any funds withheld under subsection (a) from
apportionment to any State on or before September 30,
2005, shall remain available until the end of the third
fiscal year following the fiscal year for which the
funds are authorized to be appropriated.
``(B) Funds withheld after september 30, 2007.--No
funds withheld under this section from apportionment to
any State after September 30, 2007, shall be available
for apportionment to the State.
``(2) Apportionment of withheld funds after compliance.--
If, before the last day of the period for which funds withheld
under subsection (a) from apportionment are to remain available
for apportionment to a State under paragraph (1), the State has
repealed a law described in subsection (a)(7), the Secretary
shall, on the first day on which the State repeals such law,
apportion to the State the funds withheld under subsection (a)
that remain available for apportionment to the State.
``(3) Period of availability of subsequently apportioned
funds.--Any funds apportioned pursuant to paragraph (2) shall
remain available for expenditure until the end of the third
fiscal year following the fiscal year in which the funds are so
apportioned. Sums not obligated at the end of that period shall
lapse.
``(4) Effect of noncompliance.--If, at the end of the
period for which funds withheld under subsection (a) from
apportionment are available for apportionment to a State under
paragraph (1), the State does not repeal a law described
subsection (a)(7), the funds shall lapse.''.
(b) Conforming Amendment.--The analysis for such chapter is amended
by inserting after the item relating to section 164 the following:
``165. Withholding of funds for enactment of a law allowing issuance of
identification cards or drivers' licenses
for certain individuals''. | State Accountability and Identity Fraud Elimination Act of 2004 - Directs the Secretary of Transportation to withhold specified Federal highway funds in increasing percentages starting in FY 2006 from any State that has enacted a law that allows the issuance of an identification card or a driver's license to an alien who is not legally authorized to be in the United States. Provides that funds withheld from apportionment to any State: (1) on or before September 30, 2005, shall remain available until the end of the third fiscal year following the fiscal year for which the funds are authorized to be appropriated; and (2) after September 30, 2007, shall not be available for apportionment to the State. | {"src": "billsum_train", "title": "To amend title 23, United States Code, to discourage States from issuing an identification card or driver's license to an alien not legally authorized to be in the United States."} | 1,191 | 148 | 0.646399 | 1.892659 | 0.69586 | 6.315385 | 8.038462 | 0.915385 |
SECTION 1. SHORT TITLE
This Act may be referred to as the ``Small Business Development
Fund Act of 1997''.
SEC. 2. TAX ON CAPITAL GAINS REDUCTION STRATEGY AMOUNT OR ALTERNATIVE
DENIAL OF INTEREST DEDUCTION ON CERTAIN DEBT INSTRUMENTS,
AND ESTABLISHMENT OF TRUST FUND TO RECEIVE TAX AMOUNTS.
(a) Imposition of Tax If Decrease In Capital Gains Rate Enacted In
1997.--
(1) In general.--Part I of subchapter P of chapter 1 of the
Internal Revenue Code of 1986 (relating to treatment of capital
gains) is amended by adding at the end the following new
section:
``SEC. 1203. TAX ON CAPITAL GAINS REDUCTION STRATEGY AMOUNT.
``(a) In General.--There is hereby imposed, on each taxpayer which
has a 50 percent strategy-based reduction for the taxable year, a tax
equal to 1 percent of the capital gains reduction strategy amount for
the taxable year.
``(b) 50 Percent Strategy-Based Reduction.--For purposes of this
section, a taxpayer has a 50 percent strategy-based reduction for the
taxable year if--
``(1) the amount of tax imposed by this title for the
taxable year on capital gains of the taxpayer is 50 percent or
less of,
``(2) the amount of tax which would have been imposed by
this title for the taxable year on capital gains of the
taxpayer but for the use of applicable tax reduction strategies
by the taxpayer (or by a party to a transaction with the
taxpayer or by a person related to the taxpayer or to such
party), as determined by the Secretary.
The Secretary shall make the determination required under paragraph (2)
by reference to transactions which would have yielded substantially the
same non-tax result. For purposes of this subsection, the amount of tax
imposed by this title (or the amount described in paragraph (2) which
would have been so imposed) which is attributable to capital gains
shall be the amount determined by the Secretary pursuant to
regulations.
``(c) Capital Gains Reduction Strategy Amount.--For purposes of
this section, the term `capital gains reduction strategy amount' means
the excess of--
``(1) the amount described in subsection (b)(2), over
``(2) the amount described in subsection (b)(1).
``(d) Applicable Tax Reduction Strategy.--For purposes of this
section--
``(1) In general.--With respect to any transaction, the
term `applicable tax reduction strategy' means any product,
method, strategy, or action--
``(A) generally used by taxpayers primarily for the
purpose of reducing the tax under this title on capital
gains, and
``(B) identified by the Secretary, on a list
published under paragraph (2), as being an applicable
tax reduction strategy for purposes of the calendar
quarter in which such transaction occurs.
``(2) Quarterly listing.--Not less than once each calendar
quarter, the Secretary shall publish in the Federal Register a
list of applicable tax reduction strategies for purposes of the
next calendar quarter.''
(2) Clerical amendment.--The table of sections for part I
of subchapter P of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 1203. Tax on capital gains
reduction strategy amount.''
(3) Effective date.--The amendments made by this
subsection--
(A) shall take effect only if a decrease in the
maximum Federal tax rate applicable to capital gains of
individuals is enacted in 1997, and
(B) if the conditions of subparagraph (A) are met,
shall apply to taxable years beginning after the date
of the enactment of this Act.
(b) Denial of Interest Deduction On Certain Debt Instruments If
Capital Gains Rate Decrease Not Enacted In 1997.--
(1) In general.--Section 385 of such Code (relating to
treatment of certain interests in corporations as stock or
indebtedness) is amended by adding at the end the following new
subsection:
``(d) Certain Interests Treated as Stock.--
``(1) Interests with over-40-year maturity or payable in
stock.--
``(A) In general.--Notwithstanding subsection (c),
for purposes of this title, an interest in a
corporation shall be treated as stock if such
interest--
``(i) has a maximum weighted average
maturity of over 40 years, or
``(ii) is payable in stock of the issuer or
a related person.
``(B) Weighted average maturity.--For purposes of
subparagraph (A), in determining the weighted average
maturity of an interest, any right to extend or renew
shall be treated as exercised, and any right to
accelerate payment shall not be taken into account.
``(C) Payable in stock.--For purposes of
subparagraph (A), an interest shall be treated as
payable in stock if--
``(i) a substantial portion of such
interest is mandatorily convertible, or
convertible at the issuer's option, into stock
of the issuer or a related person,
``(ii) a substantial portion of the
principal (or interest) associated with such
interest is required to be determined, or may
be determined at the option of the issuer or a
related person, by reference to the value of
stock of the issuer or a related person, or
``(iii) such interest is part of an
arrangement designed to result in the payment
of such interest with stock of the issuer or a
related person.
``(2) Certain interests not classified as indebtedness in
sec filing.--
``(A) In general.--For purposes of subsection (c),
an issuer shall be treated as characterizing an
interest as stock (and subsection (c)(2) shall not
apply) if--
``(i) such issuer is a corporation required
to file annual financial statements with the
Securities and Exchange Commission,
``(ii) such financial statements do not
characterize such interest as indebtedness, and
``(iii) such interest has a maximum
weighted average maturity of more than 15
years.
``(B) Special rules.--For purposes of this
paragraph--
``(i) Characterization in financial
statements.--An interest shall not be treated
as characterized in a financial statement
solely by reason of footnotes or other
narrative disclosures.
``(ii) Certain interests treated as
characterized in statement.--An issuer will be
treated as being described in subparagraph
(A)(ii) with respect to an interest if--
``(I) the issuer issues such
interest to a related person (other
than a corporation),
``(II) such interest is not
included on the consolidated return
which includes the issuer and the
holder, and
``(III) the holder (or any person
related to the issuer or the holder)
issues a related interest which is not
characterized as indebtedness on the
consolidated financial statement.
``(iii) Leveraged leases.--This paragraph
shall not apply with respect to leveraged
leases.
``(3) Exceptions.--This subsection shall not apply with
respect to demand loans, redeemable ground rents, or any other
interest specified by the Secretary by regulation.
``(4) Related person.--For purposes of this subsection,
persons shall be treated as related to each other if the
relationship between such persons is described in section
267(b) or 707(b).''
(2) Effective date.--The amendment made by this
subsection--
(A) shall take effect only if no decrease in the
maximum Federal tax rate applicable to capital gains of
individuals is enacted in 1997, and
(B) if the conditions of subparagraph (A) are met,
shall apply to taxable years beginning after the date
of the enactment of this Act.
(c) Small Business Development Fund.--
(1) In general.--Subchapter A of chapter 98 of such Code
(relating to establishment of trust funds) is amended by adding
at the end the following new section:
``SEC. 9512. SMALL BUSINESS DEVELOPMENT FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Small Business
Development Fund', consisting of such amounts as may be appropriated or
credited to such fund as provided in this section or section 9602(b).
``(b) Transfers to Trust Fund.--There are hereby appropriated to
the Small Business Development Fund amounts equivalent to the taxes
received in the Treasury under section 1203 (relating to tax on capital
gains reduction strategy amount) or 385(d), whichever is applicable.
``(c) Expenditures.--Amounts in the Small Business Development Fund
shall be available, as provided in appropriation Acts, for purposes of
the Small Business Development Fund Act of 1997.''
(2) Clerical amendment.--The table of sections for
subchapter A of chapter 98 of such Code is amended by adding at
the end the following new item:
``Sec. 9512. Small Business Development
Fund.''
(3) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning after the date of the
enactment of this Act.
SEC. 3. APPLICATION FOR ASSISTANCE
(a) Form and Procedures.--An application for assistance shall be
submitted in such form and in accordance with such procedures as
established by the Secretary of Commerce.
(b) Minimum Requirements.--The Fund shall require an application to
establish that the applicant is--
(1) a credit union,
(2) a community development corporation,
(3) an entity engaged in job creation or enterprise and
commercial development, or
(4) a financial institution that needs capital to begin or
expand a small business activity in a low-income community.
SEC. 4. ASSISTANCE PROVIDED BY THE FUND
The Fund may provide financial assistance to the entities listed in
section 4(b) through equity investments, deposits, credit union shares,
loans, and grants.
SEC. 5. DEFINITION
The term ``community development corporation'' has the meaning
given such term in section 103(1) of the Community Development Banking
and Financial Institutions Act of 1994 (12 USC 4702(1)). | Small Business Development Fund Act of 1997 - Amends the Internal Revenue Code to impose upon each individual who ha
s a 50
percent strategy-based capital gains tax reduction (as defined in this Act) for the taxable year a tax equal to one percent of the strategy amount for that taxable year. Requires the Secretary of the Treasury to publish a list of applicable tax reduction strategies for the next calendar quarter. Makes the above amendment effective only if a decrease in the maximum Federal capital gains tax rate is enacted during 1997.
Amends Code provisions relating to the treatment of certain interests in corporations as stock or indebtedness to treat a corporate interest as stock if such interest: (1) has a maximum weighted average maturity of over 40 years; or (2) is payable in stock of the issuer or a related person. Requires an issuer to be treated as issuing an interest in stock if: (1) the issuer is a corporation required to file annual financial statements with the Securities and Exchange Commission; (2) such statements do not characterize such interest as indebtedness; and (3) such interest has a maximum weighted average maturity of over 15 years. Provides exceptions. Makes such amendment effective only if no decrease in the maximum Federal capital gains tax rate is enacted during 1997.
Establishes in the Treasury the Small Business Development Fund and appropriates to such Fund amounts equal to any taxes received as a result of amendments made by this Act. Provides Fund assistance application requirements. Allows the Fund to provide such financial assistance to credit unions, community development corporations, entities engaged in job creation or enterprise and commercial development, or financial institutions needing capital to begin or expand a small business activity in a low-income community. | {"src": "billsum_train", "title": "Small Business Development Fund Act of 1997"} | 2,363 | 386 | 0.530343 | 1.631918 | 0.72096 | 3.410557 | 6.152493 | 0.876833 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coastal Jobs Creation Act of 2010''.
SEC. 2. PURPOSE.
The purpose of this Act is to provide employment opportunities for
coastal communities by increasing support for--
(1) cooperative research management and monitoring projects
that improve science-based management decisions;
(2) the revitalization of coastal infrastructure;
(3) marine debris prevention or removal; and
(4) restoration, protection, and stewardship of coastal
resources.
SEC. 3. COASTAL JOBS CREATION GRANT PROGRAM.
(a) Establishment.--The Secretary of Commerce (in this Act referred
to as the ``Secretary'') shall use funds made available under this Act
to implement a Coastal Jobs Creation Grant Program using the
authorities listed in subsection (b). The Secretary shall expend such
funds as quickly as possible consistent with prudent management.
(b) Authorities.--The authorities referred to in subsection (a) are
authorities under the following laws:
(1) Section 306A of the Coastal Zone Management Act of 1972
(16 U.S.C. 1455(a)).
(2) Section 309 of the Coastal Zone Management Act (16
U.S.C. 1456(b)).
(3) Section 315(e) of the Coastal Zone Management Act (16
U.S.C. 1461(e)).
(4) Section 204 of the Coral Reef Conservation Act (16
U.S.C. 6403).
(5) Section 104 of the Estuary Restoration Act of 2000 (33
U.S.C. 2903).
(6) Section 12304 of the Integrated Coastal and Ocean
Observation System Act of 2009 (33 U.S.C. 3603).
(7) The Endangered Species Act of 1973 (16 U.S.C. 1535).
(8) The Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.).
(9) The Atlantic Coastal Fishery Conservation and
Management Act (15 U.S.C. 5101 et seq.).
(10) Section 3 of the Marine Debris Research, Prevention,
and Reduction Act (33 U.S.C. 1952).
(11) Section 408 of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1421f-1).
(12) Section 311 of the National Marine Sanctuaries Act (16
U.S.C. 1442).
(13) Section 205 of the National Sea Grant College Program
Act (33 U.S.C. 1124).
(c) Activities.--Activities funded under the Coastal Jobs Creation
Grant Program shall include activities eligible under one or more of
the authorities listed under subsection (b), and shall include--
(1) cooperative research to collect and compile economic
and social data related to recreational and commercial
fisheries management that the Secretary determines will improve
science-based management decisions;
(2) cooperative research to identify and protect essential
fish habitat and habitat areas of particular concern and to
improve techniques and evaluate effectiveness of habitat
protection and restoration efforts;
(3) improving the quality and accuracy of information
generated by the Marine Recreational Fishery Statistics Survey;
(4) supporting efforts to train and deploy observers
authorized or required under the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.);
(5) preservation, conservation, or restoration of ocean and
coastal resources identified for their conservation,
recreational, ecological, historic, or aesthetic values;
(6) redevelopment of deteriorating and underutilized
working waterfronts and ports to support fisheries or other
ocean-dependent industries;
(7) research, monitoring, and stewardship within the
National Estuarine Research Reserve System, the National Marine
Sanctuary System, and coral reef ecosystems, and under the
National Sea Grant College Program;
(8) implementation of local strategies developed by State
or Federal agencies to conserve coral reef ecosystems;
(9) research to develop, test, and deploy innovations and
improvements in coastal and ocean observation technologies;
(10) cooperative research to collect data to improve,
supplement, or enhance fishery, protected species, and marine
mammal stock assessments, including research on the effects of
climate change and habitat loss on stock dynamics;
(11) cooperative research to assess the amount and type of
bycatch and to engineer gear types designed to reduce or
prevent bycatch;
(12) reducing and preventing the occurrence and adverse
impacts of marine debris on the marine environment and
navigation safety;
(13) establishment and implementation of status and trends
monitoring of coastal habitats for major ecosystems, including
remote sensing technology, ground-truth verification, and
geographic information system data delivery; or
(14) development and implementation of training programs to
build the capacity of citizens of coastal communities to
effectively carry out the purposes of this Act.
(d) Funding Criteria.--The Secretary may not make funds available
under this Act for a proposed project unless the project, to the
maximum extent practicable--
(1) provides the greatest employment opportunities and
prioritizes development of sustainable employment opportunities
for coastal communities and benefits commercial and
recreational fishing industries or other ocean-dependent
industries;
(2) replicates or builds upon a successful local, State,
Federal, or tribal project;
(3) utilizes existing fishing community infrastructure,
including idled fishing vessels;
(4) supports research and monitoring that improves science-
based management decisions;
(5) contributes to restoring, protecting, or preserving
coastal and ocean ecosystems; or
(6) assists in developing a well-trained and informed
workforce capable of implementing activities identified in
section 3(c) of this Act.
(e) Implementation.--Within 180 days after the date of enactment of
this Act, the Secretary shall, in consultation with the Administrator
and the Economic Development Administration, develop in support of the
Coastal Jobs Creation Grant Program established in section 3(a) of this
Act--
(1) a process for solicitation of proposals from Federal,
State, local government agencies and sources, private entities,
academia, and non-profit entities; and
(2) criteria for evaluating any and all proposals received
under the process described in subsection (e)(1), including a
means of predicting how many jobs will be created by each
proposal.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
To carry out the Coastal Jobs Creation Grant Program there is
authorized to be appropriated to the Secretary of Commerce $80,000,000
for each of fiscal years 2011 through 2015, of which no more than 5
percent may be used each fiscal year for administrative expenses of
such program. | Coastal Jobs Creation Act of 2010 - Directs the Secretary of Commerce to implement a Coastal Jobs Creation Grant Program which shall include research and programs regarding: (1) recreational and commercial fisheries management: (2) essential fish habitats; (3) fishery and marine mammal stock assessments; (4) training and deployment of observers under the Magnuson-Stevens Fishery Conservation and Management Act; (5) conservation of ocean and coastal resources; (6) waterfront and port redevelopment; (7) coral reef ecosystem conservation; (8) improvement of coastal and ocean observation technologies; (9) bycatch reduction; and (10) preventing the occurrence and adverse impacts of marine debris on the marine environment and navigation safety. | {"src": "billsum_train", "title": "A bill to promote coastal jobs creation, promote sustainable fisheries and fishing communities, revitalize waterfronts, and for other purposes."} | 1,402 | 147 | 0.631695 | 1.622419 | 0.720375 | 3.477941 | 9.625 | 0.948529 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Citizen Involvement in Campaigns Act
of 2002''.
SEC. 2. TAX CREDIT FOR CERTAIN POLITICAL CONTRIBUTIONS.
(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 25B the
following new section:
``SEC. 25C. CREDIT FOR POLITICAL CONTRIBUTIONS.
``(a) In General.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this chapter for the
taxable year an amount equal to all political contributions paid by the
taxpayer during the taxable year.
``(b) Limitations.--
``(1) Maximum credit.--The credit allowed by subsection (a)
shall not exceed $200 ($400 in the case of a joint return).
``(2) Verification.--The credit allowed by subsection (a)
shall be allowed with respect to any political contribution
only if such contribution is verified in such manner as the
Secretary shall prescribe by regulation.
``(c) Definitions.--For purposes of this section--
``(1) Political contribution.--The term `political
contribution' means a contribution or gift of money, or the
fair market value of a contribution or gift of property, to--
``(A) an individual who is a candidate for
nomination or election to any Federal elective public
office in any primary, general, or special election,
for use by such individual to further the candidacy of
the individual for nomination or election to such
office, or
``(B) the national committee of a national
political party.
``(2) Candidate.--The term `candidate' means, with respect
to any Federal elective public office, an individual who--
``(A) publicly announces before the close of the
calendar year following the calendar year in which the
political contribution is made that the individual is a
candidate for nomination or election to such office;
and
``(B) meets the qualifications prescribed by law to
hold such office.
``(3) National political party.--The term `national
political party' means--
``(A) in the case of political contributions made
during a taxable year of the taxpayer in which the
electors of President and Vice President are chosen, a
political party presenting candidates or electors for
such offices on the official election ballot of ten or
more States; or
``(B) in the case of political contributions made
during any other taxable year of the taxpayer, a
political party which met the qualifications described
in subparagraph (A) in the last preceding election of a
President and Vice President.
``(d) Denial of Double Benefit.--No deduction shall be allowed
under this chapter for any amount taken into account in determining the
credit allowed under this section.
``(e) Cross References.--
``For transfer of appreciated property
to a political organization, see section 84.
``For certain indirect contributions to
political parties, see section 276.''.
(b) Conforming Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code (relating to
nonrefundable personal credits) is amended by inserting after the item
relating to section 25B the following new item:
``Sec. 25C. Credit for political
contributions.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31 of the calendar year
in which this Act is enacted.
SEC. 3. DEDUCTION FOR CERTAIN POLITICAL CONTRIBUTIONS.
(a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by redesignating section 223
as section 224 and by inserting after section 222 the following new
section:
``SEC. 223. POLITICAL CONTRIBUTIONS.
``(a) In General.--In the case of an individual, there shall be
allowed as a deduction for the taxable year an amount equal to the
qualified political contributions made by the taxpayer during the
taxable year.
``(b) Limitation.--The amount allowed as a deduction under
subsection (a) for the taxable year shall not exceed $600 ($1200 in the
case of a joint return).
``(c) Qualified Political Contribution.--For purposes of this
section, the term `qualified political contribution' shall have the
meaning given the term `political contribution' by section
25C(c)(1).''.
(b) Deduction Allowed Whether or Not Taxpayer Itemizes Other
Deductions.--Subsection (a) of section 62 of such Code is amended by
inserting after paragraph (18) the following new item:
``(19) Qualified political contributions.--The deduction
allowed by section 223.''.
(c) Clerical Amendment.--The table of sections for part VII of
subchapter B of chapter 1 of such Code is amended by striking the last
item and inserting the following new items:
``Sec. 223. Political contributions.
``Sec. 224. Cross reference.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31 of the calendar year
in which this Act is enacted. | Citizen Involvement in Campaigns Act of 2002 - Permits an individual a tax credit of up to $200 ($400 in the case of a joint return), equal to the verified amount of certain political contributions the individual made during the taxable year. Denies a deduction for any amount taken into account in determining the credit permitted in this Act.Allows a deduction of up to $600 ($1200 for a joint return). Allows the deduction whether or not a taxpayer itemizes other deductions. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide a credit and a deduction for small political contributions."} | 1,247 | 115 | 0.573512 | 1.361409 | 0.565548 | 4.421053 | 11.357895 | 0.905263 |
PROCEDURES.
(a) In General.--Title 38, United States Code, is amended by
inserting after chapter 7 the following new chapter:
``CHAPTER 8--EMPLOYMENT DISCRIMINATION
``Sec.
``801. Scope of chapter.
``802. Office of Employment Discrimination Complaints Resolution.
``803. Informal complaint resolution.
``804. Investigation of complaints.
``805. Final agency decision; hearings.
``806. Review of final agency decisions.
``807. Unlawful employment discrimination defined.
``Sec. 801. Scope of chapter
``(a) The procedures established in this chapter shall be
implemented in a manner consistent with procedures applicable under
regulations prescribed by the Equal Employment Opportunity Commission.
``(b) In the case of an employee of the Department who alleges that
the employee has been subjected to unlawful employment discrimination
(as defined in section 807), the allegation shall be considered under
the procedures applicable to the Merit Systems Protection Board under
title 5 (rather than under the procedures set forth in this chapter) if
the action (or failure to act) of which the employee complains is an
employment action or practice that is otherwise appealable to the Merit
Systems Protection Board.
``(c) Nothing in this chapter supersedes--
``(1) the rights and remedies available to employees under
title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et
seq.), including the rights and remedies provided in section
1977A of the Revised Statutes (42 U.S.C. 1981a); or
``(2) any right or obligation of an employee to elect (in
lieu of using procedures under this chapter) to raise an
allegation of unlawful employment discrimination under
grievance procedures established under a collective bargaining
agreement.
``Sec. 802. Office of Employment Discrimination Complaints Resolution
``(a)(1) There shall be in the Department an Office of Employment
Discrimination Complaints Resolution (referred to in this chapter as
the `Office'), which shall be headed by a Director. The Director shall
report only to the Secretary and Deputy Secretary.
``(2) Subject to the direction of the Secretary and the Deputy
Secretary, the Director shall have sole responsibility within the
Department for administering the procedures under this chapter for
resolving complaints of unlawful employment discrimination arising
within the Department.
``(3) In addition to the functions of the Director described in
paragraph (2), the Director shall perform such other functions as the
Secretary may prescribe consistent with the functions of the Director
described in paragraph (2).
``(b) The Secretary shall employ within the Office for the purposes
of this chapter administrative law judges appointed in accordance with
section 3105 of title 5 and such other personnel as the Office may
require. In appointing administrative law judges, the Secretary shall
consider the composition of the persons appointed, taken as a group, in
terms of race, sex, and veterans status, compared with the composition
of the total Department workforce in terms of race, sex, and veterans
status.
``(c) The Secretary shall ensure that the Director is furnished
sufficient resources to enable the Director to carry out the functions
of the Office under this chapter in a timely manner.
``(d) The Secretary shall include in the documents submitted to
Congress by the Secretary in support of the President's budget for each
fiscal year--
``(1) detailed information on the budget for the Office;
``(2) the Secretary's opinion as to whether the resources
(including the number of employees) proposed in the budget for
that fiscal year are adequate to enable the Secretary to comply
with statutory and regulatory deadlines for the administration
of the procedures under this chapter and other provisions of
law relating to the resolution of complaints of unlawful
employment discrimination involving the Department; and
``(3) a report on the activities of the Office during the
preceding fiscal year, including--
``(A) a statement of the number and nature of
complaints of unlawful employment discrimination
received and the number and nature of complaints
resolved, and the results of any appellate review of
proceedings involving the complaints, during the year;
``(B) a description of the timeliness of the
resolution of the complaints during the year; and
``(C) a statement of significant decisions and
trends affecting the work of the Office.
``(e)(1) The Director shall prescribe--
``(A) standards of timeliness for the expeditious
resolution of complaints of unlawful employment discrimination
under this chapter;
``(B) qualifications and training requirements for
employees of the Office;
``(C) requirements for recordkeeping pertaining to
counseling and investigations by employees of the Office; and
``(D) standards for the conduct of investigations under
section 804.
``(2) Regulations prescribed under paragraph (1) shall be
consistent with regulations prescribed by the Equal Employment
Opportunity Commission, except that, in the interest of the expeditious
resolution of complaints, the Director may prescribe shorter time
periods than the periods specified in such regulations with respect to
any deadline or administrative period that is applicable only to the
time within which the Government may (or is required to) act.
``Sec. 803. Informal complaint resolution
``Employees of the Office shall counsel employees of the
Department, and applicants for employment with the Department, who file
a complaint with the Department stating that the employees of the
Department and applicants have been subject to unlawful employment
discrimination by an officer or employee of the Department. The Office
shall seek to resolve such complaints in an expeditious and impartial
manner through informal investigation and conciliation using procedures
prescribed by the Director.
``Sec. 804. Investigation of complaints
``(a) If a complaint of unlawful employment discrimination is filed
with the Department under section 803 and the complaint is not resolved
through the informal resolution process under section 803, the Director
shall assign the complaint to an administrative law judge, who shall
determine whether the complaint shall be accepted for investigation.
``(b)(1) The administrative law judge assigned to a complaint shall
make the determination in accordance with regulations of the Equal
Employment Opportunity Commission, except that if the administrative
law judge determines that the complaint is without merit, the
administrative law judge may determine that the complaint is not to be
accepted for investigation.
``(2) A decision that a complaint is not to be accepted for
investigation is a final agency decision of the matter.
``(c)(1) If the administrative law judge determines that the
complaint is to be accepted, the Director shall promptly provide for an
investigation of the complaint, which shall be carried out by employees
of the Office (or by contract personnel acquired by the Director). The
employee (or contractor) conducting the investigation shall submit to
the Director a complete written report of the results of the
investigation.
``(2) If a portion of a complaint is accepted for investigation and
a portion is not accepted, the individual filing the complaint or the
Department may request the administrative law judge to direct the
suspension of the investigation of the portion of the complaint
accepted for investigation pending the results of any review of the
decision not to accept the other portion.
``(3) The Director shall furnish a copy of the investigative report
(including a copy of the investigative file involved) to the
administrative law judge, the individual who filed the complaint, and
the Secretary. The administrative law judge may direct that an
additional investigation be made if the administrative law judge
determines that an additional investigation is warranted.
``Sec. 805. Final agency decision; hearings
``(a) The final agency decision on a complaint of unlawful
employment discrimination filed under section 803, in a case not
resolved through informal procedures under section 803 of this title,
shall be made by an administrative law judge.
``(b) The individual filing the complaint may request a hearing on
the matter involved. Any such request shall be made in such time and
manner as may be prescribed by the Director. The administrative law
judge shall grant the request for a hearing unless, after giving
appropriate notice and allowing an opportunity to respond to such
notice, the administrative law judge determines that there is no
genuine dispute as to a material fact.
``(c) If the administrative law judge grants a request of the
individual filing the complaint for a hearing, the administrative law
judge--
``(1) may conduct the hearing on the matter; or
``(2) may refer the matter for a hearing by a hearing
examiner.
``(d) In any hearing under this section, the administrative law
judge or hearing examiner presiding at the hearing shall have the
authorities set forth in section 556(c) of title 5.
``Sec. 806. Review of final agency decisions
``(a) If the final agency decision in a case involving a complaint
filed under section 803 of unlawful employment discrimination by an
officer or employee of the Department is adverse to the individual
filing the complaint, the individual may appeal the decision to the
Equal Employment Opportunity Commission or may institute an action
regarding the complaint in the appropriate United States district
court, as provided by law.
``(b) If the final agency decision in such a case is adverse to the
Department, the Secretary may appeal the decision to the Equal
Employment Opportunity Commission. Any such appeal shall be made within
30 days after the date of the receipt by the Secretary of the decision.
The Equal Employment Opportunity Commission may act on such an appeal
in the same manner as in the case of an appeal by a Federal employee or
an applicant for Federal employment against a final agency decision
regarding unlawful employment discrimination.
``Sec. 807. Unlawful employment discrimination defined
``For purposes of this chapter, the term `unlawful employment
discrimination' means any action, or failure to act, that is a
violation of any of the following:
``(1) Title VII of the Civil Rights Act of 1964 (42 U.S.C.
2000e et seq.).
``(2) The Age Discrimination in Employment Act of 1967 (29
U.S.C. 621 et seq.).
``(3) Section 6(d) of the Fair Labor Standards Act of 1938
(29 U.S.C. 206(d)).
``(4) Section 501 of the Rehabilitation Act of 1973 (29
U.S.C. 791).''.
(b) Clerical Amendment.--The tables of chapters at the beginning of
title 38, United States Code, and at the beginning of part I of such
title, are amended by inserting after the item relating to chapter 7
the following new item:
``8. Employment Discrimination.............................. 801''.
SEC. 3. TRANSITION.
Chapter 8 of title 38, United States Code, as added by section 2,
shall apply with respect to complaints of unlawful employment
discrimination that are filed after the end of the 6-month period
beginning on the date of enactment of this Act. Any complaint filed
before the end of such period shall be resolved in accordance with the
procedures in effect on the date of enactment of this Act.
SEC. 4. WHISTLEBLOWER PROTECTION FOR TITLE 38 EMPLOYEES.
(a) In General.--
(1) Application.--Chapter 74 of title 38, United States
Code, is amended by inserting at the end of subchapter V the
following new section:
``Sec. 7465. Disclosures of violations of law, gross mismanagement, and
certain other matters: protection of employees
(a) Section 2302(b)(8) of title 5 shall apply with respect to an
employee, or applicant for employment, in a position covered by this
chapter in the same manner as if that position were a `covered
position' within the meaning of section 2302(a)(2)(B) of title 5.
``(b) Subsection (a) shall apply for purposes of applying to such
an employee or applicant the provisions of subchapters II and III of
chapter 12 of title 5 that relate to any authority to conduct
investigations, or to seek or administer any corrective action,
disciplinary action, or other remedy in connection with a prohibited
personnel practice described in section 2302(b)(8) of such title.''.
(2) Table of sections.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 7464 the following new item:
``7465. Disclosures of violations of law, gross mismanagement, and
certain other matters: protection of
employees.''.
(b) Effective Date.--
(1) Application.--Subject to paragraph (2), section 7465 of
title 38, United States Code, as added by subsection (a), shall
apply with respect to personnel actions occurring before, on,
or after the date of enactment of this Act, if an action for
relief relating to the personnel action is commenced prior to
the applicable deadline.
(2) Administrative proceedings.--Such section shall not
affect any administrative proceeding pending on the date of
enactment of this Act, and orders shall be issued in any such
proceeding, and appeals shall be taken from the orders, as if
such section had not been enacted. | Department of Veterans Affairs Employment Discrimination Prevention Act - Establishes in the Department of Veterans Affairs an Office of Employment Discrimination Complaints Resolution headed by a Director who shall be solely responsible for resolving complaints of unlawful employment discrimination (UED) within the Department. Requires the Secretary of Veterans Affairs to employ within such Office such administrative law judges (ALJs) and other personnel as necessary. Directs the Secretary to include in Department budget information submitted annually to the Congress specified information on the Office budget and activities.
Requires the Director to prescribe: (1) standards of timeliness for the resolution of UED complaints; (2) Office employee qualification and training requirements; (3) requirements for recordkeeping pertaining to counseling and investigations conducted by Office employees; and (4) standards for conduct of UED investigations. Requires such standards to be consistent with those prescribed by the Equal Employment Opportunity Commission, while allowing the Director to shorten the time period for the resolution of complaints.
Provides for informal UED complaint resolution procedures within the Office, requiring the Director, if such a complaint is not resolved informally, to assign the complaint to an ALJ for appropriate determination. Requires Office employees to conduct complaint investigations and report results to the Director, who shall then forward such complaint to the presiding ALJ, the complainant, and the Secretary. Requires final complaint resolution by the ALJ when not resolved through informal proceedings. Authorizes the complainant to request a hearing on the matter, to be granted by an ALJ unless there is no dispute as to a material fact.
Provides for Commission review of final Office decisions.
Applies Federal violation reporting protection provisions (whistleblower provisions) to Department employees or applicants. | {"src": "billsum_train", "title": "Department of Veterans Affairs Employment Discrimination Prevention Act"} | 2,860 | 377 | 0.54704 | 1.555752 | 0.789094 | 2.166667 | 8.493827 | 0.851852 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Urban Homestead Act of 1995''.
SEC. 2. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Community development corporation.--The term
``community development corporation'' means a nonprofit
organization whose primary purpose is to promote community
development by providing housing opportunities to low-income
families.
(2) Cost recovery basis.--The term ``cost recovery basis''
means, with respect to any sale of a project or residence by a
unit of general local government to a community development
corporation under section 3(c)(2), that the purchase price paid
by the community development corporation is less than or equal
to the costs incurred by the unit of general local government
in connection with such project or residence during the period
beginning on the date on which the unit of general local
government acquires title to the multifamily housing project or
residential property under subsection (a) and ending on the
date on which the sale is consummated.
(3) Low-income families.--The term ``low-income families''
has the same meaning as in section 3(b) of the United States
Housing Act of 1937.
(4) Multifamily housing project.--The term ``multifamily
housing project'' has the same meaning as in section 203 of the
Housing and Community Development Amendments of 1978.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(6) Severe physical problems.--A dwelling unit shall be
considered to have ``severe physical problems'' if such unit--
(A) lacks hot or cold piped water, a flush toilet,
or both a bathtub and a shower in the unit, for the
exclusive use of that unit;
(B) on not less than 3 separate occasions, during
the preceding winter months was uncomfortably cold for
a period of more than 6 consecutive hours due to a
malfunction of the heating system for the unit;
(C) has no functioning electrical service, exposed
wiring, any room in which there is not a functioning
electrical outlet, or has experienced not less than 3
blown fuses or tripped circuit breakers during the
preceding 90-day period;
(D) is accessible through a public hallway in which
there are no working light fixtures, loose or missing
steps or railings, and no elevator; or
(E) has severe maintenance problems, including
water leaks involving the roof, windows, doors,
basement, or pipes or plumbing fixtures, holes or open
cracks in walls or ceilings, severe paint peeling or
broken plaster, and signs of rodent infestation.
(7) Single family residence.--The term ``single family
residence'' means a 1- to 4-family dwelling that is held by the
Secretary.
(8) Substandard multifamily housing project.--A multifamily
housing project is ``substandard'' if not less than 25 percent
of the dwelling units of the project have severe physical
problems.
(9) Unit of general local government.--The term ``unit of
general local government'' has the same meaning as in section
102(a) of the Housing and Community Development Act of 1974.
(10) Unoccupied multifamily housing project.--The term
``unoccupied multifamily housing project'' means a multifamily
housing project that the unit of general local government
certifies in writing is not inhabited.
SEC. 3. DISPOSITION OF UNOCCUPIED AND SUBSTANDARD PUBLIC HOUSING.
(a) Transfer of Ownership to Units of General Local Government.--
Notwithstanding section 203 of the Housing and Community Development
Amendments of 1978 or any other provision of Federal law pertaining to
the disposition of property, the Secretary shall transfer ownership of
any unoccupied multifamily housing project, substandard multifamily
housing project, or other residential property that is owned by the
Secretary to the appropriate unit of general local government for the
area in which the project or residence is located in accordance with
subsection (b), if the unit of general local government enters into an
agreement with the Secretary described in subsection (c).
(b) Timing.--
(1) In general.--Any transfer of ownership under subsection
(a) shall be completed--
(A) with respect to any multifamily housing project
owned by the Secretary that is determined to be
unoccupied or substandard before the date of enactment
of this Act, not later than 1 year after that date of
enactment; and
(B) with respect to any multifamily housing project
or other residential property acquired by the Secretary
on or after the date of enactment of this Act, not
later than 1 year after the date on which the project
is determined to be unoccupied or substandard or the
residence is acquired, as appropriate.
(2) Satisfaction of indebtedness.--Prior to any transfer of
ownership under paragraph (1), the Secretary shall satisfy any
indebtedness incurred in connection with the project or
residence at issue, either by--
(A) cancellation of the indebtedness; or
(B) reimbursing the unit of general local
government to which the project or residence is
transferred for the amount of the indebtedness.
(c) Sale to Community Development Corporations.--An agreement is
described in this subsection if it is an agreement that requires a unit
of general local government to dispose of the multifamily housing
project or other residential property in accordance with the following
requirements:
(1) Notification to community development corporations.--
Not later than 30 days after the date on which the unit of
general local government acquires title to the multifamily
housing project or other residential property under subsection
(a), the unit of general local government shall notify
community development corporations located in the State in
which the project or residence is located--
(A) of such acquisition of title; and
(B) that, during the 6-month period beginning on
the date on which such notification is made, such
community development corporations shall have the
exclusive right under this subsection to make bona fide
offers to purchase the project or residence on a cost
recovery basis.
(2) Right of first refusal.--During the 6-month period
described in paragraph (1)(B)--
(A) the unit of general local government may not
sell or offer to sell the multifamily housing project
or other residential property other than to a party
notified under paragraph (1), unless each community
development corporation notifies the unit of general
local government that the corporation will not make an
offer to purchase the project or residence; and
(B) the unit of general local government shall
accept a bona fide offer to purchase the project or
residence made during such period if the offer is
acceptable to the unit of general local government,
except that a unit of general local government may not
sell a project or residence to a community development
corporation during that 6-month period other than on a
cost recovery basis.
(3) Other disposition.--During the 6-month period beginning
on the expiration of the 6-month period described in paragraph
(1)(B), the unit of general local government shall dispose of
the multifamily housing project or other residential property
on a negotiated, competitive bid, or other basis, on such terms
as the unit of general local government deems appropriate.
SEC. 4. EXEMPTION FROM PROPERTY DISPOSITION REQUIREMENTS.
No provision of the Multifamily Housing Property Disposition Reform
Act of 1994, or any amendment made by that Act, shall apply to the
disposition of property in accordance with this Act.
SEC. 5. TENANT LEASES.
This Act shall not affect the terms or the enforceability of any
contract or lease entered into before the date of enactment of this
Act.
SEC. 6. PROCEDURES.
Not later than 6 months after the date of enactment of this Act,
the Secretary shall establish, by rule, regulation, or order, such
procedures as may be necessary to carry out this Act. | Urban Homestead Act of 1995 - Directs the Secretary of Housing and Urban Development to transfer ownership of unoccupied or substandard public housing to appropriate units of local government, after first satisfying any related indebtedness. Directs these local governmental units to initially offer such housing for sale exclusively to community development corporations, and then on a competitive basis. | {"src": "billsum_train", "title": "Urban Homestead Act of 1995"} | 1,730 | 75 | 0.392645 | 1.049998 | 0.766687 | 2.079365 | 25.412698 | 0.84127 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Theodore Roosevelt Commemorative
Coin Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) Theodore Roosevelt, one of America's greatest
presidents, was born on October 27, 1858, in New York City, New
York;
(2) at the young age of 23, Theodore Roosevelt was elected
to the first of 3 terms as a representative in the New York
State Assembly (1882-1884);
(3) from 1895 to 1897, Theodore Roosevelt served as
Commissioner of the New York City Police Department;
(4) while serving as Assistant Secretary of the Navy under
President William McKinley (1897-1898), Theodore Roosevelt
organized the First United States Volunteer Cavalry Regiment,
popularly known as the ``Rough Riders'', and then served as
Colonel of this regiment during the Spanish-American War;
(5) from 1898 to 1900, Theodore Roosevelt served as
Governor of New York;
(6) in 1900, with the election of President McKinley,
Theodore Roosevelt was elected as the 25th Vice-President of
the United States;
(7) becoming the 26th President of the United States the
following year, Theodore Roosevelt took a very active role in
foreign affairs, establishing the United States as a new world
power, and instituted broad reforms, at home, particularly with
respect to labor, monopolies, and conservation, until the end
of his presidency in 1909;
(8) Theodore Roosevelt's commitment to conservation stemmed
from his experiences as a rancher in the badlands of North
Dakota from 1883 to 1886 and earned him the title of the
``Conservationist President'' for his efforts in establishing
51 Bird Reserves, 4 Game Preserves, 150 National Forests, 5
National Parks, and 18 National Monuments, totalling nearly 230
million acres of land placed under public protection during his
presidency;
(9) on January 16, 2001, Theodore Roosevelt was
posthumously awarded the Congressional Medal of Honor for
leading a charge up the San Juan Heights in Cuba during the
Spanish-American War, shortly before the war ended, thereby
becoming the first President of the United States to be awarded
the Congressional Medal of Honor; and
(10) 2006 will mark the 100th anniversary of Theodore
Roosevelt receiving the Nobel Peace Prize, the first citizen of
the United States to receive such prize, for drawing up the
1905 peace treaty ending the Russo-Japanese War.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--The Secretary of the Treasury (hereinafter in
this Act referred to as the ``Secretary'') shall mint and issue the
following coins:
(1) $1 silver coins with rough rider design on obverse.--
Not more than 500,000 $1 coins bearing the designs specified in
section 4(a)(2), each of which shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent
copper.
(2) $1 silver coins with adventurer design on obverse.--Not
more than 500,000 $1 coins bearing the designs specified in
section 4(a)(3), each of which shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent
copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5136 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
(d) Use of the United States Mint at West Point, New York.--It is
the sense of Congress that the coins minted under this Act should be
struck at the United States Mint at West Point, New York, to the
greatest extent possible.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall--
(A) be emblematic of the life and legacy of
President Theodore Roosevelt; and
(B) use the designs of James Earle Fraser or
Augustus Saint-Gaudens, 2 sculptors most closely
associated with the revitalization of the United States
coinage, commonly referred to as the ``Golden Age of
American Coin Design'', that was initiated by President
Theodore Roosevelt.
(2) $1 coins with rough rider design.--
(A) Obverse.--The obverse of the coins minted under
section 3(a)(1) shall bear the image of Theodore
Roosevelt as a Rough Rider that was used on the James
Earle Fraser medal of 1920.
(B) Reverse.--The reverse of the coins minted under
section 3(a)(1) shall bear the eagle design, with
motto, from the $20 gold ``double eagle'' coin produced
between 1907 and 1933 and designed by Augustus Saint-
Gaudens.
(3) $1 coins with adventurer design.--
(A) Obverse.--The obverse of the coins minted under
section 3(a)(2) shall bear the image of Theodore
Roosevelt on horseback, based on James Earle Fraser's
monumental 16-foot high bronze equestrian figure of
Roosevelt that--
(i) stands at the east front of the
American Museum of Natural History in New York
City; and
(ii) recognizes Roosevelt's lifelong
activity as a naturalist and conservationist
and emphasizes him as an adventurer,
outdoorsman, and hunter.
(B) Reverse.--The reverse of the coins minted under
section 3(a)(2) shall bear the design based on the
reverse designs by James Earle Fraser used on the
Roosevelt Memorial Association Medal of Honor and the
Association's Founders Medal that--
(i) depict the crusader's flaming sword of
righteousness and evoke the ``Big Stick''
philosophy that President Roosevelt espoused;
and
(ii) to the left and right of the flaming
sword in 4 lines bear the quotation ``If I Must
Choose Between Righteousness and Peace, I
Choose Righteousness.'' from Roosevelt's
historical work, ``Unwise Peace Treaties''.
(4) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2006''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Commission of Fine Arts; and
(2) reviewed by the citizens advisory committee established
under section 5135 of title 31, United States Code.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning January 1, 2006, except that the Secretary may
initiate sales of such coins, without issuance, before such date.
(c) Termination of Minting Authority.--No coins shall be minted
under this Act after December 31, 2006.
SEC. 6. SALE OF COINS.
(a) Sale Price.--Notwithstanding any other provision of law, the
coins minted under this Act shall be sold by the Secretary at a price
equal to the face value, plus the cost of designing and issuing such
coins (including labor, materials, dies, use of machinery, overhead
expenses, and marketing).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
minted under this Act at a reasonable discount.
(c) Prepaid Orders at a Discount.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
(d) Sales of Single Coins and Sets of Coins.--Coins of each design
specified under section 4 may be sold separately or as a set containing
a coin of each such design.
SEC. 7. SURCHARGES.
(a) Surcharge Required.--All sales of coins minted under this Act
shall include a surcharge of $10 per coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, and subsection (c) of this section, all surcharges which
are received by the Secretary from the sale of coins minted under this
Act shall be promptly paid by the Secretary to--
(1) the Theodore Roosevelt Association, to be used
exclusively for--
(A) educational programs at Sagamore Hill National
Historic Site, operated by the National Park Service,
including construction and maintenance of a visitor's
center; and
(B) setting up a curatorial chair and purchase fund
for the Theodore Roosevelt Collection at the Harvard
University Library; and
(2) the Theodore Roosevelt Medora Foundation, to be used
exclusively for educational programs at and around the Theodore
Roosevelt National Park, including construction of the Theodore
Roosevelt Badlands Institute in the badlands of North Dakota.
(c) Distribution of Amounts.--With respect to surcharges received
under this section--
(1) the first $2,250,000 of any such surcharges received
shall be paid to the Theodore Roosevelt Association; and
(2) of amounts of any such surcharges received in excess of
$2,250,000--
(A) three-fifths shall be paid to the Theodore
Roosevelt Association; and
(B) two-fifths shall be paid to the Theodore
Roosevelt Medora Foundation.
(d) Audits.--The Theodore Roosevelt Association and the Theodore
Roosevelt Medora Foundation shall be subject to the audit requirements
of section 5134(f)(2) of title 31, United States Code, for purposes of
this Act. | Theodore Roosevelt Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than: (1) 500,000 $1 coins with the image of Theodore Roosevelt as a Rough Rider on one side and an eagle design on the other side; and (2) 500,000 $1 coins with the image of Roosevelt on horseback on one side and a flaming sword of righteousness on the other side. Calls for the coins to be struck at the U.S. Mint at West Point, New York. Authorizes the Secretary to issue such minted coins beginning on January 1, 2006, and to initiate coin sales before such date (2006 will mark the 100th anniversary of Roosevelt receiving the Nobel Peace Prize). Requires surcharges from the sale of the coins minted under this Act to be paid to: (1) the Theodore Roosevelt Association to be used exclusively for educational programs at Sagamore Hill National Historic Site, including for construction and maintenance of a visitor's center and setting up a curatorial chair and purchase fund for the Theodore Roosevelt Collection at Harvard University Library; and (2) the Theodore Roosevelt Medora Foundation to be used exclusively for educational programs at and around Theodore Roosevelt National Park, including construction of the Theodore Roosevelt Badlands Institute in the badlands of North Dakota. Distributes specified surcharge amounts to the Association and Foundation. | {"src": "billsum_train", "title": "A bill to require the Secretary of the Treasury to mint coins in commemoration of the centenary of the bestowal of the Nobel Peace Prize on President Theodore Roosevelt, and for other purposes."} | 2,337 | 298 | 0.486674 | 1.714343 | 0.615366 | 4.115538 | 8.063745 | 0.960159 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Juvenile Justice Accountability and
Improvement Act of 2007''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Historically, courts in the United States have
recognized the undeniable differences between adult and youth
offenders.
(2) In fact, while writing for the majority in Roper v.
Simmons (125 S. Ct. 1183), a recent Supreme Court decision
abolishing use of the death penalty for juveniles, Justice
Kennedy declared such differences to be ``marked and well
understood.''
(3) Notwithstanding such edicts, many youth are being
sentenced in a manner that has typically been reserved for
adults. These sentences include a term of imprisonment of life
without the possibility of parole.
(4) The decision to sentence youthful offenders to life
without parole is an issue of growing national concern.
(5) While only about a dozen youth are serving such
sentences in the rest of the world, research indicates that
there are at least 2,225 youth offenders serving life without
parole in the United States.
(6) The estimated rate at which the sentence is imposed on
children nationwide remains at least three times higher today
than it was fifteen years ago.
(7) The majority of youth sentenced to life without parole
are first-time offenders.
(8) Sixteen percent of these individuals were fifteen or
younger when they committed their crimes.
(9) Denying such individuals the possibility of a
meaningful opportunity for parole is both cruel and unwise. It
sends a message to our youth that they are beyond
rehabilitation. It also demonstrates a complete lack of
confidence in the ability of our penal institutions to
accomplish one of their main goals and responsibilities.
SEC. 3. ESTABLISHING A MEANINGFUL OPPORTUNITY FOR PAROLE FOR CHILD
OFFENDERS.
(a) In General.--For each fiscal year after the expiration of the
period specified in subsection (d)(1), each State shall have in effect
laws and policies under which each child offender who is under a life
sentence receives, not less than once during the first 15 years of
incarceration, and not less than once every 3 years of incarceration
thereafter, a meaningful opportunity for parole. Not later than one
year after the date of the enactment of this Act, the Attorney General
shall issue guidelines and regulations to interpret and implement this
section. This provision shall in no way be construed to limit the
access of child offenders to other programs and appeals which they were
rightly due prior to the passage of this Act.
(b) Definition.--In this section, the term ``child offender who is
under a life sentence'' means an individual who--
(1) is convicted of an offense committed before the
individual attained the age of 18; and
(2) is sentenced to a term of natural life, or the
functional equivalent in years, for that offense.
(c) Applicability.--This section applies to an individual who is
sentenced on or after the date of the enactment of this Act as well as
to an individual who had already been sentenced as of the date of the
enactment of this Act.
(d) Compliance and Consequences.--
(1) Compliance date.--Each State shall have not more than 3
years from the date of enactment of this Act to be in
compliance with this section, except that the Attorney General
may grant a 2-year extension to a State that is making a good
faith effort to comply with this section.
(2) Consequence of noncompliance.--For any fiscal year
after the expiration of the period specified in paragraph (1),
a State that fails to be in compliance with this section shall
not receive 10 percent of the funds that would otherwise be
allocated for that fiscal year to that State under subpart 1 of
part E of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3750 et seq.), whether characterized as
the Edward Byrne Memorial State and Local Law Enforcement
Assistance Programs, the Local Government Law Enforcement Block
Grants program, the Edward Byrne Memorial Justice Assistance
Grant Program, or otherwise.
(3) Reallocation.--Amounts not allocated under a program
referred to in paragraph (2) to a State for failure to be in
compliance with this section shall be reallocated under that
program to States that have not failed to be in compliance with
this section.
SEC. 4. ESTABLISHING A PARALLEL SYSTEM FOR CHILD OFFENDERS SERVING LIFE
SENTENCES AT THE FEDERAL LEVEL.
In addition to any other method of early release that may apply,
the Attorney General shall establish and implement a system of early
release for each child offender who is under a life sentence (as
defined in section 3) in a Federal facility. The system shall conform
as nearly as practicable to the laws and policies required of a State
under section 3.
SEC. 5. GRANT PROGRAM TO IMPROVE LEGAL REPRESENTATION OF CHILDREN
FACING LIFE IN PRISON.
(a) In General.--The Attorney General shall award grants to States
for the purpose of improving the quality of legal representation
provided to child defendants charged with an offense which could
potentially subject them to the sentence of life in prison.
(b) Defined Term.--In this section, the term ``legal
representation'' means legal counsel and investigative, expert, and
other services necessary for competent representation.
(c) Use of Funds.--Grants awarded under subsection (a) shall be
used to establish, implement, or improve a system for providing
competent legal representation to--
(1) individuals charged with committing, before the
individual attained the age of 18, an offense subject to life
imprisonment; and
(2) individuals convicted of, and sentenced to life for,
committing such an offense who seek appellate or collateral
relief, including review in the Supreme Court of the United
States.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary. | Juvenile Justice Accountability and Improvement Act of 2007 - Requires states to enact laws and adopt policies to grant child offenders who are under a life sentence a meaningful opportunity for parole at least once during their first 15 years of incarceration and at least once every three years thereafter. Defines "child offender who is under a life sentence" as an individual who is convicted of a criminal offense before attaining the age of 18 and sentenced to a term of natural life or its functional equivalent in years.
Requires the Attorney General to: (1) establish and implement a system of early release for each child offender who is under a life sentence in a federal prison; and (2) award grants to states to improve legal representation and other services for child defendants charged with an offense carrying a possible sentence of life in prison. | {"src": "billsum_train", "title": "To establish a meaningful opportunity for parole for each child offender sentenced to life in prison, and for other purposes."} | 1,353 | 186 | 0.570901 | 1.638849 | 0.981967 | 3.840764 | 7.764331 | 0.923567 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Holocaust
Accountability in Insurance Measure''.
TITLE I--PROVISIONS APPLICABLE WITH RESPECT TO CERTAIN FOREIGN
INSURANCE COMPANIES
SEC. 101. PROHIBITION RELATING TO FAILURE TO DISCLOSE FINANCIAL
TRANSACTION INFORMATION.
(a) In General.--Any covered foreign insurance company (as such
term is defined in section 104), or any subsidiary thereof, may not
conduct any form of business in the United States, including
participating, directly or indirectly, in any aspect of the payment
system within the jurisdiction of the United States (including any
clearing or electronic fund transfer system) or conducting any business
with a United States bank, unless the company discloses to the Attorney
General, in accordance with subsection (b), the name of any listed
Holocaust victim (as such term is defined in section 104) with whom the
company had any financial dealing.
(b) Management of Disclosures by Department of Justice.--The
Attorney General shall designate an office in the Department of Justice
to which disclosures shall be made in accordance with subsection (a).
Such office shall take such action as may be appropriate to make the
disclosures available to the public.
SEC. 102. SUBMISSION OF REQUESTS TO COVERED FOREIGN INSURANCE COMPANIES
BY ATTORNEY GENERAL.
(a) Obtaining Information Regarding Requests.--The Attorney General
shall take any action necessary to obtain, from the International
Commission on Holocaust Era Insurance Claims and covered foreign
insurance companies, information regarding any outstanding requests (as
such term is defined in section 104) that is necessary to carry out
this section.
(b) Notification of Victims.--The Attorney General shall notify, in
writing, each listed Holocaust victim, or the heirs or beneficiaries of
such victim, of--
(1) the requirement under subsection (a) to obtain
information;
(2) the requirement under subsection (c) to submit
requests; and
(3) the opportunity of such victim, or heirs or
beneficiaries, under subsection (d) to request that the
Attorney General not submit the request regarding such listed
Holocaust victim.
(c) Submission of Requests on Behalf of Beneficiaries.--Subject to
subsection (d), as soon as practicable after receipt of information
pursuant to subsection (a) regarding an outstanding request but not
later than 60 days after such receipt, the Attorney General shall
submit the request, on behalf of the maker of such outstanding request,
to the covered foreign insurance company involved.
(d) Opt-Out.--If, before the submission of an outstanding request
pursuant to subsection (d), the Attorney General receives a written
request from a listed Holocaust victim, or the heirs or beneficiaries
of such victim, not to submit the outstanding request, the Attorney
General shall not submit such request and shall notify the victim, or
the heirs or beneficiaries, that the outstanding request was not
submitted.
(e) Prohibition Relating To Failure To Comply With Request.--If any
covered foreign insurance company does not respond in a satisfactory
manner to a request submitted to such company pursuant to subsection
(b) before the expiration of the 60-day period beginning upon receipt
of such request by such company, the Attorney General may issue an
order prohibiting such covered foreign insurance company, and any
subsidiary thereof, from conducting any form of business in the United
States, including participating, directly or indirectly, in any aspect
of the payment system within the jurisdiction of the United States
(including any clearing or electronic fund transfer system) or
conducting any business with a United States bank. The Attorney General
shall vacate such order upon a satisfactory response by the company to
such request.
(f) Management of Outstanding Requests by Department of Justice.--
The Attorney General shall designate the same office designated under
section 101(b) as the office in the Department of Justice responsible
for collecting the information obtained pursuant to subsection (a) of
this section and submitting requests pursuant to subsection (b) of this
section.
SEC. 103. AVAILABILITY OF CIVIL ACTIONS.
(a) Federal Cause of Action.--
(1) In general.--There shall exist a Federal cause of
action for any covered claim.
(2) Statute of limitations.--Any action brought under
paragraph (1) shall be filed not later than 20 years after the
date on which the denial of the original request was made.
(b) Subject Matter Jurisdiction.--The district courts shall have
original jurisdiction of any civil action on a covered claim (whether
brought under subsection (a) or otherwise).
(c) Personal Jurisdiction.--Notwithstanding any provision of Rule 4
of the Federal Rules of Civil Procedure to the contrary, in a civil
action on a covered claim (whether brought under subsection (a) or
otherwise) commenced in a district where the defendant is not a
resident--
(1) the court may exercise jurisdiction over such defendant
on any basis not inconsistent with the Constitution of the
United States; and
(2) service of process, summons, and subpoena may be made
on such defendant in any manner not inconsistent with the
Constitution of the United States.
(d) Definitions.--For purposes of this section:
(1) The term ``covered claim'' means a claim against a
covered foreign insurance company that arises out of the
insurance coverage involved in an original request.
(2) The term ``original request'' means a request that--
(A) seeks payment of any claim on insurance
coverage that--
(i) was provided by a covered foreign
insurance company;
(ii) had as the policyholder, insured, or
beneficiary a listed Holocaust victim; and
(iii) was in effect during any portion of
the 13-year period beginning with 1933 and
ending with 1945; and
(B) was made by a listed Holocaust victim, or the
heirs or beneficiaries of such victim, to the covered
foreign insurance company or the International
Commission on Holocaust Era Insurance Claims.
SEC. 104. DEFINITIONS.
For purposes of this title, the following definitions shall apply:
(1) Covered foreign insurance company.--The term ``covered
foreign insurance company'' means the following companies:
(A) Assicurazioni Generali S.p.A.
(B) Union Des Assurances de Paris.
(C) Victoria Lebenversicherungs AG.
(D) Winterthur Lebensversicherungs Gesellschaft.
(E) Allianz Lebensversicherungs AG.
(F) Wiener Allianz Versicherungs AG.
(G) Riunione Adriatica di Sicurta.
(H) Vereinte Lebensversicherungs AG.
(I) Basler Lebens-Versicherungs Gesellschaft.
(J) Deutscher Ring Lebensversicherungs AG.
(K) Nordstern Lebensversicherungs AG.
(L) Gerling Konzern Lebensversicherungs AG.
(M) Manheimer Lebensversicherung AG.
(N) Der Anker.
(O) Allgemeine Versicherungs AG.
(P) Zuerich Lebensversicherungs Gesellschaft.
(Q) Any other foreign insurance company that the
Attorney General determines was in a position to have
financial dealings with any individual who was subject
to the Holocaust.
(2) Listed holocaust victims.--The term ``listed Holocaust
victim'' means an individual whose name which is on either of
the following lists:
(A) List of survivors.--The list of Jewish
Holocaust Survivors maintained by the United States
Holocaust Memorial Museum in Washington, D.C.
(B) List of deceased.--The list of individuals who
died in the Holocaust maintained by the Yad Veshem of
Jerusalem in its Hall of Names.
(3) Outstanding request.--The term ``outstanding request''
means a request that--
(A) seeks payment of any claim on insurance
coverage that--
(i) was provided by a covered foreign
insurance company;
(ii) had as the policyholder, insured, or
beneficiary a listed Holocaust victim; and
(iii) was in effect during any portion of
the 13-year period beginning with 1933 and
ending with 1945;
(B) was made by a listed Holocaust victim, or the
heirs or beneficiaries of such victim, to the covered
foreign insurance company or the International
Commission on Holocaust Era Insurance Claims; and
(C) was not responded to in writing by the covered
foreign insurance company or such International
Commission within the 60-day period beginning on
receipt of the request by the covered foreign insurance
company.
(4) Subsidiary.--The term ``subsidiary'' means, with
respect to a covered foreign insurance company, any company--
(A) 25 percent or more of whose class of voting
securities is directly or indirectly owned or
controlled by such covered foreign insurance company,
or is held by such insurance company with the power to
vote;
(B) the election of a majority of whose directors
or trustees is controlled in any manner by such covered
foreign insurance company; or
(C) with respect to which the management or
policies of which such covered foreign insurance
company has the power, directly or indirectly, to
exercise a controlling influence.
TITLE II--PROVISIONS APPLICABLE TO UNITED STATES BANKING INSTITUTIONS
SEC. 201. LIMITATION ON INSURED DEPOSITORY INSTITUTIONS.
Section 18 of the Federal Deposit Insurance Act (12 U.S.C. 1828) is
amended by adding at the end the following new subsection:
``(x) Prohibition on Transactions With Certain Insurance Companies
or Their Affiliates.--
``(1) In general.--No insured depository institution may
accept any deposit from, maintain any deposit on behalf of,
offer or provide payment services to or on behalf of,
participate directly or indirectly in any aspect of the payment
system (including any clearing or electronic fund transfer
system) for or on behalf of, hold any credit balance for, make
any loan or other extension of credit to or for the benefit of,
or engage in any other financial activity or transaction with
or on behalf of any covered foreign insurance company, as such
term is defined in section 104 of the Comprehensive Holocaust
Accountability in Insurance Measure (including any company the
Attorney General determines is described in subparagraph (Q) of
such section), or any affiliate of such company--
``(A) during the period beginning 15 days after the
enactment of the Comprehensive Holocaust Accountability
in Insurance Measure and ending on the date on which
the Attorney General provides notice through
publication in the Federal Register that such company
has complied with the disclosure requirements contained
in section 101(a) of such Act; or
``(B) during the period that an order issued under
section 102(e) of such Act by the Attorney General,
prohibiting such company from conducting business in
the United States, is in effect.
``(2) Limited exception for affiliates.--
``(A) In general.--If an insured depository
institution is itself an affiliate of a foreign
insurance company described in paragraph (1), paragraph
(1) shall not apply so as to prohibit--
``(i) the payment of dividends on any
shares of stock in such insured depository
institution which are held by the foreign
insurance company or any affiliate of such
company; or
``(ii) the investment of additional capital
in such insured depository institution by the
foreign insurance company or affiliate.
``(B) Regulations.--Any payment or investment
described in subparagraph (A) shall be subject to, and
shall be made in accordance with, such regulations,
including any limitation, as the Attorney General or
the appropriate Federal banking agency may
prescribe.''.
SEC. 202. LIMITATION ON UNINSURED BRANCHES, AGENCIES, AND COMMERCIAL
LENDING COMPANY AFFILIATES OF FOREIGN BANKS.
Section 7 of the International Banking Act of 1978 (12 U.S.C. 3105)
is amended by adding at the end the following new subsection:
``(l) Prohibition on Transactions With Certain Insurance Companies
or Their Affiliates.--
``(1) In general.--No branch, agency, or commercial lending
company which is controlled by a foreign bank may accept any
deposit from, maintain any deposit on behalf of, offer or
provide payment services to, participate directly or indirectly
in any aspect of the payment system (including any clearing or
electronic fund transfer system) for or on behalf of, hold any
credit balance for, make any loan or other extension of credit
to or for the benefit of, or engage in any other financial
activity or transaction with or on behalf of any covered
foreign insurance company, as such term is defined in section
104 of the Comprehensive Holocaust Accountability in Insurance
Measure (including any company the Attorney General determines
is described in subparagraph (Q) of such section), or any
affiliate of such company--
``(A) during the period beginning 15 days after the
enactment of the Comprehensive Holocaust Accountability
in Insurance Measure and ending on the date on which
the Attorney General provides notice through
publication in the Federal Register that such company
has complied with the disclosure requirements contained
in section 101(a) of such Act; or
``(B) during the period that an order issued under
section 102(e) of such Act by the Attorney General,
prohibiting such company from conducting business in
the United States, is in effect.
``(2) Limited exception for affiliates.--
``(A) In general.--If a branch, agency, or
commercial lending company which is controlled by a
foreign bank is itself an affiliate of a foreign
insurance company described in paragraph (1), paragraph
(1) shall not apply so as to prohibit--
``(i) the payment of dividends on any
shares of stock or a similar investment in such
branch, agency, or company which are held by
the foreign insurance company or any affiliate
of such company; or
``(ii) the investment of additional capital
in branch, agency, or company by the foreign
insurance company or affiliate.
``(B) Regulations.--Any payment or investment
described in subparagraph (A) shall be subject to, and
shall be made in accordance with, such regulations,
including any limitation, as the Attorney General, the
Board, the Comptroller of the Currency, or the Federal
Deposit Insurance Corporation may prescribe.''. | Comprehensive Holocaust Accountability in Insurance Measure - Prohibits certain foreign insurance companies from conducting business in the United States, or with a U.S. bank, unless such companies disclose to the Attorney General the name of any listed Holocaust victim with whom such companies had any financial dealing.Instructs the Attorney General to: (1) designate an office in the Department of Justice to manage such disclosures; (2) obtain from both the International Commission on Holocaust Era Insurance Claims and from such foreign insurance companies information regarding any outstanding requests that is necessary to implement this Act; (3) notify victims of the requirements of this Act; (4) submit requests on behalf of beneficiaries; and (5) grant beneficiaries the option of waiving their rights to such request.Authorizes the Attorney General to prohibit a non-complying insurance company from conducting business in the United States (including participation in any aspect of the payment system within the jurisdiction of the United States or conducting business with a U.S. bank).Provides for civil actions to enforce this Act.Amends the Federal Deposit Insurance Act to prohibit domestic insured depository institutions from engaging in business transactions with such non-complying insurance companies.Amends the International Banking Act of 1978 to prohibit uninsured branches, agencies, and commercial lending company affiliates of foreign banks from engaging in transactions with such non-complying insurance companies or their affiliates. | {"src": "billsum_train", "title": "To require foreign insurance companies doing business in the United States to disclose any financial dealings they had with individuals who survived or died in the Holocaust, to provide for the Attorney General of the United States to submit requests to such companies regarding claims on behalf of such individuals, and to prohibit insured depository institutions from transacting any business with or on behalf of any such foreign insurance companies that fail to comply with such disclosure requirements or fail to adequately respond to such requests, and for other purposes."} | 3,119 | 295 | 0.679335 | 2.292996 | 0.91232 | 3.121094 | 11.238281 | 0.878906 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mortgage Fairness Act''.
SEC. 2. COMMUNITY SUPPORT OBLIGATIONS OF MORTGAGE BANKS.
(a) In General.--Each mortgage bank shall have an ongoing
responsibility to meet the credit needs of all the communities in which
such bank makes a significant number of extensions of credit or extends
a significant amount of credit, including extensions of credit in low-
and moderate-income neighborhoods of such communities.
(b) Definitions.--For purposes of this Act, the following
definitions shall apply:
(1) Mortgage bank.--The term ``mortgage bank'' means any
lender who does not accept deposits and originates housing
related loans.
(2) Office.--The term ``Office'' means the Office of
Mortgage Bank and Insurance Supervision established by the
Secretary of Housing and Urban Development pursuant to section
3.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
SEC. 3. ESTABLISHMENT OF OFFICE OF MORTGAGE BANK AND INSURANCE
SUPERVISION.
The Secretary of Housing and Urban Development shall establish
within the Department of Housing and Urban Development an office to be
known as the Office of Mortgage Bank and Insurance Supervision to
evaluate the community support performance of mortgage banks and
mortgage insurance companies.
SEC. 4. MORTGAGE BANK COMMUNITY SUPPORT STATEMENTS.
(a) In General.--The Office shall, on a biennial basis, require
each mortgage bank to submit to the Office a community support
statement, detailing the efforts of such bank at meeting the housing
credit needs of each community in which the bank makes a significant
number of extensions of credit or extends a significant amount of
credit, including extensions of credit in low- and moderate-income
neighborhoods of such communities.
(b) Contents.--The statement submitted by each mortgage bank under
subsection (a) shall include--
(1) the data required to be maintained and disclosed by the
lender under the Home Mortgage Disclosure Act of 1975 for the
previous 2 years, in a format which the Office shall establish;
(2) underwriting criteria employed by the bank for all of
the bank's housing loan products;
(3) descriptions of any activity the bank has undertaken
over the period under review to ascertain and meet identified
credit needs in low- and moderate-income neighborhoods within
communities in which the bank makes a significant number of
extensions of credit or extends a significant amount of credit,
including any partnerships formed with community-based
organizations, nonprofit developers of affordable housing, or
agencies of State or local government;
(4) details of any findings of technical or substantive
violations of the Equal Credit Opportunity Act or the Fair
Housing Act, and any settlements or judgments arising from any
such findings; and
(5) any other information the Office may require.
SEC. 5. MORTGAGE BANK COMMUNITY SUPPORT EVALUATION.
The Office shall determine whether a mortgage bank is maintaining
an adequate community support performance, based on--
(1) community support performance statements received from
mortgage banks;
(2) an analysis of the data required to be maintained and
disclosed by the lender under the Home Mortgage Disclosure Act
of 1975 for the previous 2 years with respect to metropolitan
statistical areas in which the bank originates a significant
number of home loans, which shall emphasize--
(A) the institution's market share in neighborhoods
of different racial and income characteristics;
(B) the number of applications received from
minorities and low- and moderate-income persons; and
(C) the rate at which the institutions rejects
applications from minority and white applicants;
(3) any evidence of illegal discriminatory credit
practices, including prescreening, or offering less favorable
loan products to applicants of different racial backgrounds;
and
(4) public comment, which shall be received by the agency
for not less than 90 days after the Office actively solicits
comment solicitations of comment through notice in the Federal
Register and regular communications with community based
organizations.
SEC. 6. PENALTIES FOR FINDING OF INADEQUATE COMMUNITY SUPPORT
PERFORMANCE BY MORTGAGE BANKS.
(a) Remedial Action.--If the Secretary finds that a mortgage bank
is maintaining an inadequate level of community support, the Secretary
may issue an order--
(1) requiring the bank to file a community support action
plan with the Office not more than 90 days after the finding,
which shall include concrete goals and timetables for
correcting identified deficiencies; and
(2) prohibiting the bank from using any program or product
administered by the Secretary until all identified deficiencies
are met.
(b) Cease and Desist Orders.--
(1) Issuance of order.--
(A) In general.--If the Secretary determines that
there is reasonable cause to believe that a mortgage
bank is violating, has violated, or is about to violate
an order under subsection (a) or a community support
action plan filed pursuant to such an order, the
Secretary may issue an order requiring the mortgage
bank to--
(i) cease and desist from any such
violation; and
(ii) take such affirmative action to
prevent the occurrence or the continuance of
such violation as the Secretary determines to
be appropriate.
(B) Notice of charges.--An order issued under this
paragraph shall include a notice of the charges on
which the order is based and a statement of the facts
constituting the alleged violation.
(C) Effective period.--An order issued under this
paragraph shall--
(i) become effective upon service to the
mortgagee; and
(ii) remain effective and enforceable
pursuant to the terms of the order unless
modified or rescinded by the Secretary or
pursuant to an order of a court under paragraph
(3) or in connection with the court's review of
any administrative proceedings with respect to
the order issued under this subsection.
(2) Hearing.--Any mortgage bank which receives an order
under paragraph (1) shall be afforded an opportunity for a
hearing on the record by the Secretary as soon as practicable
but not later than 20 days after the order has been served.
(3) Judicial hearing.--Within 10 days after a mortgage bank
has been served with a cease-and-desist order under this
subsection, the bank may apply to the United States district
court for the judicial district in which the home office of the
bank is located, or the United States District Court for the
District of Columbia, for an injunction setting aside,
limiting, or suspending the enforcement, operation, or
effectiveness of such order pending the completion of the
administrative proceedings pursuant to the notice of charges
served upon the bank, and such court shall have jurisdiction to
issue such injunction.
(4) Judicial enforcement.--The Secretary may apply to the
United States district court, or the United States court of any
territory, within the jurisdiction of which the home office of
the mortgagee is located, for an injunction to enforce any
effective and outstanding order issued under this subsection
and, if the court determines that there has been a violation or
threatened violation of such order, the court shall issue such
injunction.
(c) Civil Money Penalty.--
(1) Imposition of penalty.--
(A) In general.--The Secretary may impose a civil
money penalty on any mortgage bank, and any director,
officer or employee of a mortgage bank, who violates
any order issued under subsection (a) or (b).
(B) Amount of penalty.--The amount of the penalty,
as determined by the Secretary, may not exceed--
(i) in the case of a violation of an order
issued under subsection (a), $10,000 for each
month during which such violation occurs; and
(ii) in the case of a violation of an order
issued under subsection (b), $10,000 for each
day during which such violation continues.
(C) Notification to attorney general.--Before
taking action to impose a civil money penalty for a
violation under subparagraph (A), the Secretary shall
inform the Attorney General of the United States.
(2) Assessment.--
(A) Written notice.--Any penalty imposed under
paragraph (1) may be assessed and collected by the
Secretary by written notice.
(B) Finality of assessment.--If, with respect to
any assessment under subparagraph (A), a hearing is not
requested pursuant to paragraph (5) within the period
of time allowed under such paragraph, the assessment
shall constitute a final and unappealable order.
(3) Authority to modify or remit penalty.--The Secretary
may compromise, modify, or remit any penalty which the
Secretary may assess or already has assessed under paragraph
(1).
(4) Mitigating factors.--In determining the amount of a
penalty under paragraph (1) with respect to any person, the
Secretary shall take into account the appropriateness of the
penalty with respect to--
(A) the gravity of the offense;
(B) any history of previous violations by the
person;
(C) the ability of the person to pay the penalty;
(D) injury to the public;
(E) benefits received by the person as a result of
the violation;
(F) the deterrent effect of the penalty on future
violations by such person and other persons; and
(G) such other factors as the Secretary may
determine in regulations to be appropriate.
(5) Hearing.--The person against whom a civil money penalty
is assessed under paragraph (1) shall be afforded an
opportunity for a hearing on the record, if such person submits
a request for such hearing within 20 days after the issuance of
the notice of the assessment.
(6) Collection.--
(A) Referral.--If any person fails to pay an
assessment after any penalty assessed under this
subsection has become final, the Secretary shall notify
the Attorney General who shall recover the amount
assessed in the appropriate United States district
court.
(B) Appropriateness of penalty not reviewable.--In
any civil action under subparagraph (A), the validity
and appropriateness of the penalty shall not be subject
to review.
(7) Disbursement.--All penalties collected pursuant to this
subsection shall be deposited into the Treasury of the United
States.
(8) Agency procedures--The Secretary shall, by regulation,
establish standards and procedures for carrying out this
subsection.
SEC. 7. COMMUNITY SUPPORT REQUIREMENTS FOR MORTGAGE INSURANCE
COMPANIES.
(a) In General.--Each mortgage insurance company shall--
(1) report to the Office the number and total dollar amount
of each mortgage insurance policy written by the company, by
census tract, the race, gender, and income of applicants for
mortgage insurance, and the disposition of each application for
mortgage insurance;
(2) demonstrate to the Secretary adequate support for
community credit needs; and
(3) make public to any person the underwriting criteria for
any mortgage insurance the company offers.
(b) 2-Year Reporting Requirement.--At least once during each 2-year
period beginning after the date of enactment of this Act, each mortgage
insurance company shall submit a report to the Office containing the
following information:
(1) Adequacy of availability of mortgage insurance.--The
extent to which adequate mortgage insurance is available in
low- and moderate-income and minority neighborhoods within
areas in which the company writes a significant number of
mortgage insurance policies.
(2) Underwriting guidelines.--The extent to which
underwriting guidelines used by the company do not unreasonably
restrict access to low- and moderate-income families within
areas in which the company writes a significant number of
mortgage insurance policies.
(c) Duties of the Office.--The Office shall conduct biennial
community support reviews of mortgage insurance companies including
analysis of the following:
(1) The data collected by the Agency on the distribution of
the mortgage insurance company's policies by census tract and
data on the disparate treatment of applicants for mortgage
insurance based on the applicants' race, gender, and income.
(2) The underwriting criteria employed by the company and
the extent to which such criteria do not unreasonably restrict
access to credit for low- and moderate-income and minority
persons or neighborhoods.
(3) Community support statements received from the mortgage
insurance company.
(4) Any other information the Secretary may require
mortgage insurance companies to submit.
(5) Any comments received from the public on the community
support performance of the mortgage insurance company during
the period covered by the review under this paragraph.
(d) Duties of the Secretary.--The Secretary shall--
(1) solicit and accept public comment for no fewer than 90
days before issuing a finding in connection with the review of
a mortgage insurance company under subsection (c)(2); and
(2) review the community support performance of each
mortgage insurance company and determine whether the company is
providing an adequate level of community support in the areas
in which such company writes a significant number of mortgage
insurance policies.
(e) Performance Statement.--If, after reviewing any evidence, the
Secretary concludes that a mortgage insurance company is not meeting
the requirements of this section, the Secretary may require such
company to submit a statement indicating how the company expects to
improve its record of providing community support. | Mortgage Fairness Act - Requires each mortgage bank to meet the credit needs of all communities in which it makes a significant number of extensions of credit or extends a significant amount of credit, including extensions of credit in low- and moderate-income communities.
(Sec. 3) Directs the Secretary of Housing and Urban Development (HUD) to establish within HUD the Office of Mortgage Bank and Insurance Supervision.
(Sec. 4) Directs the Office, on a biennial basis, to require each mortgage bank to submit to it a community support statement detailing the bank's efforts at meeting the housing credit needs of the above- referenced communities.
(Sec. 5) Directs the Office to determine whether a mortgage bank is maintaining an adequate community support performance based on specified criteria.
(Sec. 6) Sets forth certain penalties against a mortgage bank that has been found to be maintaining an inadequate level of community support.
(Sec. 7) Requires each mortgage insurance company to: (1) report to the Office the total number and total dollar amount of each mortgage insurance policy written by it, by census tract, the race, gender, and income of applicants for mortgage insurance, and the disposition of each application for such insurance; (2) demonstrate to the Secretary adequate support for community credit needs; and (3) make public to any person the underwriting criteria for any mortgage insurance the company offers.
Requires the Office to conduct biennial community support reviews of mortgage insurance companies. Authorizes the Secretary to require a mortgage insurance company to submit a statement indicating how it expects to improve its record of providing community support whenever the Secretary concludes that such company is not meeting the requirements of this section. | {"src": "billsum_train", "title": "To establish community support requirements for mortgage banks, and for other purposes."} | 2,853 | 369 | 0.701613 | 2.120913 | 0.798701 | 5.326284 | 8.111782 | 0.933535 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Abandoned Mine Land Area
Redevelopment Act of 2005''.
SEC. 2. CREDIT TO HOLDERS OF QUALIFIED ABANDONED MINE LAND AREA
REDEVELOPMENT BONDS.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 30B. CREDIT TO HOLDERS OF QUALIFIED ABANDONED MINE LAND AREA
REDEVELOPMENT BONDS.
``(a) Allowance of Credit.--In the case of a taxpayer who holds a
qualified abandoned mine land area redevelopment bond on a credit
allowance date of such bond which occurs during the 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 sum of the credits
determined under subsection (b) with respect to credit allowance dates
during such year on which the taxpayer holds such bond.
``(b) Amount of Credit.--
``(1) In general.--The amount of the credit determined
under this subsection with respect to any credit allowance date
for a qualified abandoned mine land area redevelopment bond is
25 percent of the annual credit determined with respect to such
bond.
``(2) Annual credit.--The annual credit determined with
respect to any qualified abandoned mine land area redevelopment
bond is the product of--
``(A) the applicable credit rate, multiplied by
``(B) the outstanding face amount of the bond.
``(3) Applicable credit rate.--For purposes of paragraph
(1), the applicable credit rate with respect to an issue is the
rate equal to an average market yield (as of the day before the
date of issuance of the issue) on outstanding long-term
corporate debt obligations (determined under regulations
prescribed by the Secretary).
``(4) Special rule for issuance and redemption.--In the
case of a bond which is issued during the 3-month period ending
on a credit allowance date, the amount of the credit determined
under this subsection with respect to such credit allowance
date shall be a ratable portion of the credit otherwise
determined based on the portion of the 3-month period during
which the bond is outstanding. A similar rule shall apply when
the bond is redeemed.
``(c) Qualified Abandoned Mine Land Area Redevelopment Bond.--For
purposes of this section--
``(1) In general.--The term `qualified abandoned mine land
area redevelopment bond' means any bond issued as part of an
issue if--
``(A) the issuer is an approved special purpose
entity,
``(B) all of the net proceeds of the issue are
deposited into either--
``(i) an approved segregated program fund,
or
``(ii) a sinking fund for payment of
principal on the bonds at maturity,
``(C) the issuer designates such bond for purposes
of this section, and
``(D) the term of each bond which is part of such
issue does not exceed 30 years.
Not more than \1/6\ of the net proceeds of an issue may be
deposited into a sinking fund referred to in subparagraph
(B)(ii).
``(2) Limitation on amount of bonds designated.--The
maximum aggregate face amount of bonds designated by an
approved special purpose entity shall not exceed the portion of
the national volume cap allocated to that entity by the
Administrator of the Environmental Protection Agency.
``(3) National volume cap.--The national volume cap is
$20,000,000,000. The Administrator of the Environmental
Protection Agency shall allocate such amount among the approved
special purpose entities, except that not less than
$2,000,000,000 of such amount shall be allocated to an entity
whose comprehensive plan only covers abandoned mine land areas
containing anthracite coal.
``(4) Approved special purpose entity.--The term `approved
special purpose entity' means a State or local governmental
entity, or an entity described in section 501(c) and exempt
from tax under section 501(a), if--
``(A) such entity is established and operated
exclusively to carry out qualified purposes,
``(B) such entity has a comprehensive plan to
restore and redevelop abandoned mine land areas, and
``(C) such entity and plan are approved by the
Administrator of the Environmental Protection Agency.
``(5) Approved segregated program fund.--The term `approved
segregated program fund' means any segregated fund the amounts
in which may be used only for qualified purposes, but only if
such fund has safeguards approved by such Administrator to
assure that such amounts are only used for such purposes.
``(d) Limitation Based on Amount of Tax.--
``(1) In general.--The credit allowed under subsection (a)
for any taxable year shall not exceed the excess of--
``(A) the sum of the regular tax liability (as
defined in section 26(b)) plus the tax imposed by
section 55, over
``(B) the sum of the credits allowable under part
IV of subchapter A (other than this section and subpart
C thereof, relating to refundable credits).
``(2) Carryover of unused credit.--If the credit allowable
under subsection (a) for any taxable year exceeds the
limitation imposed by paragraph (1) for such taxable year, the
excess shall be carried to the succeeding taxable year and
added to the amount allowable as a credit under subsection (a)
for such succeeding taxable year.
``(e) Other Definitions.--For purposes of this section--
``(1) Abandoned mine land areas.--The term `abandoned mine
land areas' means lands and water eligible pursuant to section
404 of the Surface Mining Control and Reclamation Act of 1977
(30 U.S.C. 1234) for expenditures from the Abandoned Mine
Reclamation Fund under title IV of such Act (30 U.S.C. 1231 et
seq.).
``(2) Qualified purpose.--The term `qualified purpose'
means, with respect to any qualified abandoned mine land area
redevelopment bond--
``(A) the purchase, restoration, and redevelopment
of abandoned mine land areas,
``(B) the cleanup of waterways and their
tributaries, both surface and subsurface, on abandoned
mine land areas from acid mine drainage and other
pollution,
``(C) the provision of financial and technical
assistance for infrastructure construction and
upgrading water and sewer systems on abandoned mine
land areas,
``(D) research and development relating to
abandoned mine land areas,
``(E) other environmental and economic development
purposes relating to abandoned mine land areas, and
``(F) such other purposes as are set forth in the
comprehensive plan prepared by the issuer and approved
by the Administrator of the Environmental Protection
Agency.
``(3) Credit allowance date.--The term `credit allowance
date' means--
``(A) March 15,
``(B) June 15,
``(C) September 15, and
``(D) December 15.
Such term includes the last day on which the bond is
outstanding.
``(4) Bond.--The term `bond' includes any obligation.
``(f) Credit Included in Gross Income.--Gross income includes the
amount of the credit allowed to the taxpayer under this section
(determined without regard to subsection (d)) and the amount so
included shall be treated as interest income.
``(g) Bonds Held by Regulated Investment Companies.--If any
qualified abandoned mine land area redevelopment bond is held by a
regulated investment company, the credit determined under subsection
(a) shall be allowed to shareholders of such company under procedures
prescribed by the Secretary.
``(h) Credits May Be Stripped.--Under regulations prescribed by the
Secretary--
``(1) In general.--There may be a separation (including at
issuance) of the ownership of a qualified abandoned mine land
area redevelopment bond and the entitlement to the credit under
this section with respect to such bond. In case of any such
separation, the credit under this section shall be allowed to
the person who on the credit allowance date holds the
instrument evidencing the entitlement to the credit and not to
the holder of the bond.
``(2) Certain rules to apply.--In the case of a separation
described in paragraph (1), the rules of section 1286 shall
apply to the qualified abandoned mine land area redevelopment
bond as if it were a stripped bond and to the credit under this
section as if it were a stripped coupon.
``(i) Treatment for Estimated Tax Purposes.--Solely for purposes of
sections 6654 and 6655, the credit allowed by this section to a
taxpayer by reason of holding a qualified abandoned mine land area
redevelopment bond on a credit allowance date shall be treated as if it
were a payment of estimated tax made by the taxpayer on such date.
``(j) Credit May Be Transferred.--Nothing in any law or rule of law
shall be construed to limit the transferability of the credit allowed
by this section through sale and repurchase agreements.
``(k) Reporting.--The issuer of qualified abandoned mine land area
redevelopment bonds shall submit reports similar to the reports
required under section 149(e).
``(l) Termination.--This section shall not apply to any bond issued
more than 10 years after the date that the first qualified abandoned
mine land area redevelopment bond is issued.''.
(b) Reporting.--Subsection (d) of section 6049 of such Code
(relating to returns regarding payments of interest) is amended by
adding at the end the following new paragraph:
``(8) Reporting of credit on qualified abandoned mine land
area redevelopment bonds.--
``(A) In general.--For purposes of subsection (a),
the term `interest' includes amounts includible in
gross income under section 30B(f) and such amounts
shall be treated as paid on the credit allowance date
(as defined in section 30B(e)(3)).
``(B) Reporting to corporations, etc.--Except as
otherwise provided in regulations, in the case of any
interest described in subparagraph (A) of this
paragraph, subsection (b)(4) of this section shall be
applied without regard to subparagraphs (A), (H), (I),
(J), (K), and (L)(i).
``(C) Regulatory authority.--The Secretary shall
prescribe such regulations as are necessary or
appropriate to carry out the purposes of this
paragraph, including regulations which require more
frequent or more detailed reporting.''.
(c) Conforming Amendment.--The table of sections for subpart B of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 30B. Credit to holders of qualified abandoned mine land area
redevelopment bonds.''.
(d) Deadline for Regulations.--The Secretary of the Treasury shall
prescribe the regulations required by section 6049(d)(8) of the
Internal Revenue Code of 1986 (as added by this section) not later than
120 days after the date of the enactment of this Act.
(e) Approval of Bonds, Etc., by Administrator of the Environmental
Protection Agency.--The Administrator of the Environmental Protection
Agency shall act on any request for an approval required by section 30B
of the Internal Revenue Code of 1986 (as added by this section) not
later than 60 days after the date such request is submitted to such
Administrator.
(f) Effective Date.--The amendments made by this section shall
apply to obligations issued after December 31, 2005. | Abandoned Mine Land Area Redevelopment Act of 2005 - Amends the Internal Revenue Code to allow a tax credit for investment in abandoned mine land area redevelopment bonds. Sets forth rules and formulae for the tax credit relating to the applicable credit rate, bond issuance and redemption, the amount of bonds designated, and a national volume cap. Specifies the purposes for such bonds, including: (1) the purchase, restoration, and redevelopment of abandoned mine land areas; (2) the cleanup of waterways on abandoned mine land areas from acid mine drainage and other pollution: (3) the provision of financial and technical assistance for infrastructure construction and upgrades on abandoned mine land areas; (4) research and development; and (5) other environmental and economic development relating to abandoned mine land areas. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a credit against income tax to holders of bonds issued to finance land and water reclamation of abandoned mine land areas."} | 2,638 | 165 | 0.62069 | 1.624209 | 0.845145 | 3.529801 | 15.741722 | 0.933775 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Little Shell Tribe of Chippewa
Indians Restoration Act of 2015''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Little Shell Tribe of Chippewa Indians is a
political successor to signatories of the Pembina Treaty of
1863, under which a large area of land in the State of North
Dakota was ceded to the United States;
(2) the Turtle Mountain Band of Chippewa of North Dakota
and the Chippewa-Cree Tribe of the Rocky Boy's Reservation of
Montana, which also are political successors to the signatories
of the Pembina Treaty of 1863, have been recognized by the
Federal Government as distinct Indian tribes;
(3) the members of the Little Shell Tribe continue to live
in the State of Montana, as their ancestors have for more than
100 years since ceding land in the State of North Dakota as
described in paragraph (1);
(4) in the 1930s and 1940s, the Tribe repeatedly petitioned
the Federal Government for reorganization under the Act of June
18, 1934 (25 U.S.C. 461 et seq.) (commonly known as the
``Indian Reorganization Act'');
(5) Federal agents who visited the Tribe and Commissioner
of Indian Affairs John Collier attested to the responsibility
of the Federal Government for the Tribe and members of the
Tribe, concluding that members of the Tribe are eligible for,
and should be provided with, trust land, making the Tribe
eligible for reorganization under the Act of June 18, 1934 (25
U.S.C. 461 et seq.) (commonly known as the ``Indian
Reorganization Act'');
(6) due to a lack of Federal appropriations during the
Depression, the Bureau of Indian Affairs lacked adequate
financial resources to purchase land for the Tribe, and the
members of the Tribe were denied the opportunity to reorganize;
(7) in spite of the failure of the Federal Government to
appropriate adequate funding to secure land for the Tribe as
required for reorganization under the Act of June 18, 1934 (25
U.S.C. 461 et seq.) (commonly known as the ``Indian
Reorganization Act''), the Tribe continued to exist as a
separate community, with leaders exhibiting clear political
authority;
(8) the Tribe, together with the Turtle Mountain Band of
Chippewa of North Dakota and the Chippewa-Cree Tribe of the
Rocky Boy's Reservation of Montana, filed 2 law suits under the
Act of August 13, 1946 (60 Stat. 1049) (commonly known as the
``Indian Claims Commission Act''), to petition for additional
compensation for land ceded to the United States under the
Pembina Treaty of 1863 and the McCumber Agreement of 1892;
(9) in 1971 and 1982, pursuant to Acts of Congress, the
tribes received awards for the claims described in paragraph
(8);
(10) in 1978, the Tribe submitted to the Bureau of Indian
Affairs a petition for Federal recognition, which is still
pending as of the date of enactment of this Act; and
(11) the Federal Government, the State of Montana, and the
other federally recognized Indian tribes of the State have had
continuous dealings with the recognized political leaders of
the Tribe since the 1930s.
SEC. 3. DEFINITIONS.
In this Act:
(1) Member.--The term ``member'' means an individual who is
enrolled in the Tribe pursuant to section 7.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Tribe.--The term ``Tribe'' means the Little Shell Tribe
of Chippewa Indians of Montana.
SEC. 4. FEDERAL RECOGNITION.
(a) In General.--Federal recognition is extended to the Tribe.
(b) Effect of Federal Laws.--Except as otherwise provided in this
Act, all Federal laws (including regulations) of general application to
Indians and Indian tribes, including the Act of June 18, 1934 (25
U.S.C. 461 et seq.) (commonly known as the ``Indian Reorganization
Act''), shall apply to the Tribe and members.
SEC. 5. FEDERAL SERVICES AND BENEFITS.
(a) In General.--Beginning on the date of enactment of this Act,
the Tribe and each member shall be eligible for all services and
benefits provided by the United States to Indians and federally
recognized Indian tribes, without regard to--
(1) the existence of a reservation for the Tribe; or
(2) the location of the residence of any member on or near
an Indian reservation.
(b) Service Area.--For purposes of the delivery of services and
benefits to members, the service area of the Tribe shall be considered
to be the area comprised of Blaine, Cascade, Glacier, and Hill Counties
in the State of Montana.
SEC. 6. REAFFIRMATION OF RIGHTS.
(a) In General.--Nothing in this Act diminishes any right or
privilege of the Tribe or any member that existed before the date of
enactment of this Act.
(b) Claims of Tribe.--Except as otherwise provided in this Act,
nothing in this Act alters or affects any legal or equitable claim of
the Tribe to enforce any right or privilege reserved by, or granted to,
the Tribe that was wrongfully denied to, or taken from, the Tribe
before the date of enactment of this Act.
SEC. 7. MEMBERSHIP ROLL.
(a) In General.--As a condition of receiving recognition, services,
and benefits pursuant to this Act, the Tribe shall submit to the
Secretary, by not later than 18 months after the date of enactment of
this Act, a membership roll consisting of the name of each individual
enrolled as a member of the Tribe.
(b) Determination of Membership.--The qualifications for inclusion
on the membership roll of the Tribe shall be determined in accordance
with sections 1 through 3 of article 5 of the constitution of the Tribe
dated September 10, 1977 (including amendments to the constitution).
(c) Maintenance of Roll.--The Tribe shall maintain the membership
roll under this section.
SEC. 8. TRANSFER OF LAND.
(a) Homeland.--The Secretary shall acquire, for the benefit of the
Tribe, trust title to 200 acres of land within the service area of the
Tribe to be used for a tribal land base.
(b) Additional Land.--The Secretary may acquire additional land for
the benefit of the Tribe pursuant to section 5 of the Act of June 18,
1934 (25 U.S.C. 465) (commonly known as the ``Indian Reorganization
Act''). | . Little Shell Tribe of Chippewa Indians Restoration Act of 2015 (Sec. 4) Extends federal recognition to the Little Shell Tribe of Chippewa Indians of Montana. (Sec. 5) Makes the Tribe and each member eligible for all services and benefits provided by the United States to Indians and federally recognized Indian tribes, without regard to the existence of a reservation for the Tribe or the location of the residence of any member on or near an Indian reservation. Considers the federal service area of the Tribe to be the area comprised of Blaine, Cascade, Glacier, and Hill Counties, Montana. (Sec. 7) Directs the Tribe, as a condition of receiving recognition, services, and benefits pursuant to this Act, to submit to the Department of the Interior a membership roll consisting of the name of each individual enrolled as a member of the Tribe. Requires the Tribe to maintain such membership roll. (Sec. 8) Directs Interior to acquire, for the benefit of the Tribe, trust title to 200 acres of land within the Tribe's service area to be used for a tribal land base. Allows Interior to acquire additional land for the benefit of the Tribe. | {"src": "billsum_train", "title": "Little Shell Tribe of Chippewa Indians Restoration Act of 2015"} | 1,571 | 284 | 0.549258 | 1.678979 | 0.711193 | 6.127193 | 5.872807 | 0.942982 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Credit Availability
Act''.
SEC. 2. EXPANDING ACCESS TO CAPITAL FOR BUSINESS DEVELOPMENT COMPANIES.
(a) In General.--Section 61(a) of the Investment Company Act of
1940 (15 U.S.C. 80a-60(a)) is amended--
(1) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively; and
(2) by striking paragraph (1) and inserting the following:
``(1) Except as provided in paragraph (2), the asset
coverage requirements of subparagraphs (A) and (B) of section
18(a)(1) (and any related rule promulgated under this Act)
applicable to business development companies shall be 200
percent.
``(2) The asset coverage requirements of subparagraphs (A)
and (B) of section 18(a)(1) and of subparagraphs (A) and (B) of
section 18(a)(2) (and any related rule promulgated under this
Act) applicable to a business development company shall be 150
percent if--
``(A) within five business days of the approval of
the adoption of the asset coverage requirements
described in clause (ii), the business development
company discloses such approval and the date of its
effectiveness in a Form 8-K filed with the Commission
and in a notice on its website and discloses in its
periodic filings made under section 13(a) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m(a))--
``(i) the aggregate value of the senior
securities issued by such company and the asset
coverage percentage as of the date of such
company's most recent financial statements; and
``(ii) that such company has adopted the
asset coverage requirements of this paragraph
and the effective date of such requirements;
``(B) with respect to a business development
company that issues equity securities that are
registered on a national securities exchange, the
periodic filings of the company under section 13(a) of
the Securities Exchange Act of 1934 (15 U.S.C. 78m(a))
include disclosures reasonably designed to ensure that
shareholders are informed of--
``(i) the amount of indebtedness and asset
coverage ratio of the company, determined as of
the date of the financial statements of the
company dated on or most recently before the
date of such filing; and
``(ii) the principal risk factors
associated with such indebtedness, to the
extent such risk is incurred by the company;
and
``(C)(i) the application of this paragraph to the
company is approved by the required majority (as
defined in section 57(o)) of the directors of or
general partners of such company who are not interested
persons of the business development company, which
application shall become effective on the date that is
1 year after the date of the approval, and, with
respect to a business development company that issues
equity securities that are not registered on a national
securities exchange, the company extends, to each
person who is a shareholder as of the date of the
approval, an offer to repurchase the equity securities
held by such person as of such approval date, with 25
percent of such securities to be repurchased in each of
the four quarters following such approval date; or
``(ii) the company obtains, at a special or annual
meeting of shareholders or partners at which a quorum
is present, the approval of more than 50 percent of the
votes cast of the application of this paragraph to the
company, which application shall become effective on
the date immediately after the date of the approval.''.
(b) Conforming Amendments.--
(1) Investment company act of 1940.--The Investment Company
Act of 1940 (15 U.S.C. 80a-1 et seq.) is amended--
(A) in section 57--
(i) in subsection (j)(1), by striking
``section 61(a)(3)(B)'' and inserting ``section
61(a)(4)(B)''; and
(ii) in subsection (n)(2), by striking
``section 61(a)(3)(B)'' and inserting ``section
61(a)(4)(B)''; and
(B) in section 63(3), by striking ``section
61(a)(3)'' and inserting ``section 61(a)(4)''.
(2) Investment advisers act of 1940.--Section 205(b)(3) of
the Investment Advisers Act of 1940 (15 U.S.C. 80b-5(b)(3)) is
amended--
(A) by striking ``section 61(a)(3)(B)(iii)'' and
inserting ``section 61(a)(4)(B)(iii)''; and
(B) by striking ``section 61(a)(3)(B)'' and
inserting ``section 61(a)(4)(B)''.
SEC. 3. PARITY FOR BUSINESS DEVELOPMENT COMPANIES REGARDING OFFERING
AND PROXY RULES.
(a) Revision to Rules.--Not later than 1 year after the date of
enactment of this Act, the Securities and Exchange Commission shall
revise any rules to the extent necessary to allow a business
development company that has filed an election pursuant to section 54
of the Investment Company Act of 1940 (15 U.S.C. 80a-53) to use the
securities offering and proxy rules that are available to other issuers
that are required to file reports under section 13(a) or section 15(d)
of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a); 78o(d)). Any
action that the Commission takes pursuant to this subsection shall
include the following:
(1) The Commission shall revise rule 405 under the
Securities Act of 1933 (17 C.F.R. 230.405)--
(A) to remove the exclusion of a business
development company from the definition of a well-known
seasoned issuer provided by that rule; and
(B) to add registration statements filed on Form N-
2 to the definition of automatic shelf registration
statement provided by that rule.
(2) The Commission shall revise rules 168 and 169 under the
Securities Act of 1933 (17 C.F.R. 230.168 and 230.169) to
remove the exclusion of a business development company from an
issuer that can use the exemptions provided by those rules.
(3) The Commission shall revise rules 163 and 163A under
the Securities Act of 1933 (17 C.F.R. 230.163 and 230.163A) to
remove a business development company from the list of issuers
that are ineligible to use the exemptions provided by those
rules.
(4) The Commission shall revise rule 134 under the
Securities Act of 1933 (17 C.F.R. 230.134) to remove the
exclusion of a business development company from that rule.
(5) The Commission shall revise rules 138 and 139 under the
Securities Act of 1933 (17 C.F.R. 230.138 and 230.139) to
specifically include a business development company as an
issuer to which those rules apply.
(6) The Commission shall revise rule 164 under the
Securities Act of 1933 (17 C.F.R. 230.164) to remove a business
development company from the list of issuers that are excluded
from that rule.
(7) The Commission shall revise rule 433 under the
Securities Act of 1933 (17 C.F.R. 230.433) to specifically
include a business development company that is a well-known
seasoned issuer as an issuer to which that rule applies.
(8) The Commission shall revise rule 415 under the
Securities Act of 1933 (17 C.F.R. 230.415)--
(A) to state that the registration for securities
provided by that rule includes securities registered by
a business development company on Form N-2; and
(B) to provide an exception for a business
development company from the requirement that a Form N-
2 registrant must furnish the undertakings required by
item 34.4 of Form N-2.
(9) The Commission shall revise rule 497 under the
Securities Act of 1933 (17 C.F.R. 230.497) to include a process
for a business development company to file a form of prospectus
that is parallel to the process for filing a form of prospectus
under rule 424(b).
(10) The Commission shall revise rules 172 and 173 under
the Securities Act of 1933 (17 C.F.R. 230.172 and 230.173) to
remove the exclusion of an offering of a business development
company from those rules.
(11) The Commission shall revise rule 418 under the
Securities Act of 1933 (17 C.F.R. 230.418) to provide that a
business development company that would otherwise meet the
eligibility requirements of General Instruction I.A of Form S-3
shall be exempt from paragraph (a)(3) of that rule.
(12) The Commission shall revise rule 14a-101 under the
Securities Exchange Act of 1934 (17 C.F.R. 240.14a-101) to
provide that a business development company that would
otherwise meet the requirements of General Instruction I.A of
Form S-3 shall be deemed to meet the requirements of Form S-3
for purposes of Schedule 14A.
(13) The Commission shall revise rule 103 under Regulation
FD (17 C.F.R. 243.103) to provide that paragraph (a) of that
rule applies for purposes of Form N-2.
(b) Revision to Form N-2.--Not later than 1 year after the date of
enactment of this Act, the Commission shall revise Form N-2--
(1) to include an item or instruction that is similar to
item 12 on Form S-3 to provide that a business development
company that would otherwise meet the requirements of Form S-3
shall incorporate by reference its reports and documents filed
under the Securities Exchange Act of 1934 into its registration
statement filed on Form N-2; and
(2) to include an item or instruction that is similar to
the instruction regarding automatic shelf offerings by well-
known seasoned issuers on Form S-3 to provide that a business
development company that is a well-known seasoned issuer may
file automatic shelf offerings on Form N-2.
(c) Treatment if Revisions Not Completed in Timely Manner.--If the
Commission fails to complete the revisions required by subsections (a)
and (b) by the time required by such subsections, a business
development company shall be entitled to treat such revisions as having
been completed in accordance with the actions required to be taken by
the Commission by such subsections until such time as such revisions
are completed by the Commission.
(d) Rule of Construction.--Any reference in this section to a rule
or form means such rule or form or any successor rule or form. | Small Business Credit Availability Act This bill amends the Investment Company Act of 1940 to reduce the required asset-coverage ratio applicable to a Business Development Company (BDC) from 200% to 150% if: (1) the BDC makes specified disclosures on its website and to the Securities and Exchange Commission (SEC); and (2) the modified asset-coverage ratio is approved by the required majority of the BDC's directors, general partners, or shareholders (as applicable). The SEC must allow BDCs to use securities offering and proxy rules that are available to other issuers. | {"src": "billsum_train", "title": "Small Business Credit Availability Act"} | 2,439 | 144 | 0.526681 | 1.520963 | 0.645124 | 3.271028 | 19.271028 | 0.859813 |
Requirements and Procedures.--
(1) Resolution described.--For purposes of this subsection,
the term ``resolution'' means only a joint resolution of the
two Houses of Congress, the matter after the resolving clause
of which is as follows: ``That Congress does not approve the
waiver of section 201 of the Decent Working Conditions and Fair
Competition Act or section 307(b) (2) and (3) of the Tariff Act
of 1930 (19 U.S.C. 1307) recommended by the President to
Congress on _______ with respect to the application of _______
to the goods of_______.'', with the first blank space being
filled with the appropriate date, the second blank space being
filled with the principle or right to be waived, and the third
blank space being filled with the name of the country with
respect to which the waiver of authority is disapproved.
(2) Application of procedural provisions.--The provisions
of section 152 (b) through (f) of the Trade Act of 1974 (19
U.S.C. 2192 (b) through (f)) shall apply to resolutions
described in paragraph (1).
(3) Approval by congress.--If Congress approves the joint
resolution, Congress shall send the resolution to the President
before the end of the 90-day period beginning on the date that
Congress receives the waiver recommendation described in
subsection (a).
(4) Effect of veto.--If the President vetoes the joint
resolution, the resolution is enacted into law if each House of
Congress votes to override the veto on or before the later of
the last day of the 90-day period referred to in paragraph (3)
or the last day of the 15-day period, excluding any day
described in section 154(b) of the Trade Act of 1974 (19 U.S.C.
2194(b)), beginning on the date Congress receives the veto
message from the President.
(5) Introduction.--A joint resolution to which this
subsection applies may be introduced at any time on or after
the date the President transmits to Congress the waiver
recommendation described in subsection (a).
(d) Termination or Extension of Waiver.--A waiver with respect to
the goods of any country terminates on the day after the waiver
authority granted by this subsection ceases to be effective with
respect to such country, unless an extension of the waiver authority is
granted. The President may recommend an extension of the waiver
authority in the same manner as the original recommendation, except
that the President may not recommend an extension later than the date
that is 30 days before the waiver authority expires. The President may,
at any time, terminate by Executive order any waiver under this
section.
TITLE II--FEDERAL TRADE COMMISSION
SEC. 201. VIOLATION OF FEDERAL TRADE COMMISSION ACT.
(a) In General.--It is unlawful for any person to introduce into
commerce, sell, trade, or advertise in commerce, offer to sell or
transport or distribute in commerce any sweatshop good.
(b) Sweatshop Good.--For purposes of this title, the term
``sweatshop good'' means any good, ware, article, or merchandise mined,
produced, or manufactured wholly or in part in violation of core labor
standards, as defined in section 3 of this Act.
(c) Enforcement.--
(1) In general.--The Federal Trade Commission shall enforce
the provisions of this section with respect to the prohibitions
under subsection (a) as if the violation were an unfair or
deceptive act or practice proscribed under section 18(a)(1)(B)
of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(2) Actions by the commission.--The Commission shall
prevent any person from violating this title in the same
manner, by the same means, and with the same jurisdiction,
powers, and duties as though all applicable terms and
provisions of the Federal Trade Commission Act (15 U.S.C. 41 et
seq.) were incorporated into and made a part of this title. Any
person that violates the provisions of this title shall be
subject to the penalties and entitled to the privileges and
immunities provided in the Federal Trade Commission Act in the
same manner, by the same means, and with the same jurisdiction,
power, and duties as though all applicable terms and provisions
of the Federal Trade Commission Act were incorporated into and
made a part of this title.
(3) Investigations.--Notwithstanding any other provision of
law, the Federal Trade Commission shall investigate any
complaint received from a worker alleging a violation of this
title with respect to a good, ware, article, or merchandise
produced by that worker.
(4) Regulations.--Not later than 180 days after the date of
the enactment of this Act, the Federal Trade Commission shall
publish rules to carry out the provisions of this title.
SEC. 202. PRIVATE RIGHT OF ACTION.
(a) Private Suits.--A person with standing to sue under subsection
(c) may bring a civil action against any seller of goods, wares,
articles, or merchandise on grounds of violation of section 201.
(b) Jurisdiction.--The United States district courts shall have
jurisdiction, without regard to the amount in controversy or the
citizenship of the parties, to enforce this section.
(c) Standing to Sue.--The following persons have standing to sue
under this section:
(1) Competitors of the retailer of any good, ware, article,
or merchandise sold in violation of section 201.
(2) Investors of the retailer of any good, ware, article,
or merchandise sold in violation of section 201.
(3) Any employee of a person against whom an enforcement
action has been brought for a violation of section 307 of the
Tariff Act (19 U.S.C. 1307), as amended by this Act.
(4) Any labor organization representing employees of the
manufacturer or contractor or representing employees in the
same industry or sector.
(5) Any human rights organization whose purpose, in whole
or in part, is to promote the enforcement of international
labor rights and standards.
(d) Damages; Injunctive Relief; Attorney Costs and Fees.--
(1) Damages.--When a violation of section 201 is
established in any civil action arising under this section, the
plaintiff shall be entitled to recover $10,000 or the fair
market value of the goods, whichever is greater.
(2) Injunctive relief.--The plaintiff may sue for
injunctive relief against threatened loss or damage due to a
violation of section 201.
(3) Costs and fees.--The court shall award the cost of the
suit, including reasonable attorneys' fees, to a prevailing
plaintiff.
(e) Interagency Cooperation.--All Federal departments and agencies
shall cooperate with the Commissioner of the United States Customs and
Border Protection and the Federal Trade Commission, to the extent
practicable in the enforcement of this title.
(f) List of Violators; Disclosure and Publication by Federal Trade
Commission.--On January 1 and July 1 of each year, the Federal Trade
Commission shall publish in the Federal Register and post on an
Internet website the following information:
(1) An alphabetical list of the name, address, and chief
executive officer of each person that has, during the 2 years
prior to publication, violated the provisions of this title,
along with a summary description of each violation and the
cumulative number of violations by each person on the list.
(2) A detailed description of each violation that includes
the following information:
(A) The name, address, and chief executive officer
of each violator.
(B) The circumstances under which core labor
standards, as defined in section 3 of this Act, were
violated in the course of the mining, production, or
manufacturing of the goods in question.
TITLE III--GOVERNMENT PROCUREMENT
SEC. 301. GOVERNMENT PROCUREMENT OF SWEATSHOP GOODS PROHIBITED.
(a) Amendment to Federal Property and Administrative Services Act
of 1949.--Title III of the Federal Property and Administrative Services
Act of 1949 (41 U.S.C. 251 et seq.) is amended by adding at the end the
following new section:
``SEC. 318. PROHIBITION ON PROCUREMENT OF SWEATSHOP GOODS.
``(a) Certification Requirement.--The head of an executive agency
shall ensure that each covered contract entered into by such official
for the procurement of property includes a clause that requires the
contractor--
``(1) to certify to the contracting officer that the
contractor has made a good faith effort to determine whether
any product furnished under the contract is a sweatshop good,
and that, on the basis of those efforts, the contractor is
unaware that any such product is a sweatshop good; and
``(2) to cooperate fully in providing reasonable access to
the contractor's records, persons, or premises if requested by
the contracting agency, the Department of Homeland Security, or
the Department of Justice for the purpose of determining
whether any product furnished under the contract is a sweatshop
good.
``(b) Investigations.--Whenever a contracting officer of an
executive agency has reason to believe that a product furnished under a
covered contract is a sweatshop good, the head of the executive agency
shall refer the matter for investigation to the Inspector General of
the executive agency and, as the head of the executive agency or the
Inspector General determines appropriate, to the Attorney General and
the Secretary of Homeland Security.
``(c) Remedies.--
``(1) In general.--The head of an executive agency may
impose remedies as provided in this subsection if the head of
the executive agency finds that the contractor--
``(A) has furnished under a covered contract a
product that is a sweatshop good;
``(B) has submitted a false certification under
subsection (a)(1); or
``(C) has failed to cooperate with an investigation
under this section.
``(2) Termination of contract.--The head of an executive
agency may terminate a covered contract on the basis of a
finding of a violation that occurs under paragraph (1) after
the date the requirements of this section are implemented
through the amendment of the Federal Acquisition Regulation
under sections 6 and 25 of the Office of Federal Procurement
Policy Act (41 U.S.C. 405 and 421).
``(3) Debarment and suspension.--The head of an executive
agency may debar or suspend a contractor from eligibility for
Federal contracts on the basis of a finding that the contractor
has committed a violation described in paragraph (1). The
debarment period may not exceed 3 years.
``(4) Inclusion on list of parties excluded from federal
procurement and nonprocurement programs.--The Administrator of
General Services shall include on the List of Parties Excluded
from Federal Procurement and Nonprocurement Programs maintained
by the Administrator under part 9 of the Federal Acquisition
Regulation each contractor that is debarred, suspended,
proposed for debarment or suspension, or declared ineligible by
the head of an executive agency on the basis that the
contractor has committed a violation under paragraph (1).
``(5) Remedies not exclusive.--This section shall not be
construed to limit the use of other remedies available to the
head of an executive agency or any other official of the
Federal Government on the basis of a finding under paragraph
(1).
``(d) Definitions.--In this section:
``(1) Covered contract.--The term `covered contract' means
a contract for a total amount in excess of the micro-purchase
threshold, as that term is defined in section 32(f) of the
Office of Federal Procurement Policy Act (41 U.S.C. 428(f)).
``(2) Sweatshop good.--The term `sweatshop good' means all
goods, wares, articles, and merchandise mined, produced, or
manufactured wholly or in part in violation of core labor
standards, as defined in section 3 of the Decent Working
Conditions and Fair Competition Act.''.
(b) Amendment to Title 10, United States Code.--
(1) In general.--Chapter 137 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2334. Prohibition on procurement of sweatshop goods
``(a) Certification Requirement.--The head of an agency shall
ensure that each covered contract entered into by such official for the
procurement of property includes a clause that requires the
contractor--
``(1) to certify to the contracting officer that the
contractor has made a good faith effort to determine whether
any product furnished under the contract is a sweatshop good,
and that, on the basis of those efforts, the contractor is
unaware that any such product is a sweatshop good; and
``(2) to cooperate fully in providing reasonable access to
the contractor's records, persons, or premises if requested by
the contracting agency, the Department of Homeland Security, or
the Department of Justice for the purpose of determining
whether any product furnished under the contract is a sweatshop
good.
``(b) Investigations.--Whenever a contracting officer of an agency
has reason to believe that a product furnished under a covered contract
is a sweatshop good, the head of the agency shall refer the matter for
investigation to the Inspector General of the agency and, as the head
of the agency or the Inspector General determines appropriate, to the
Attorney General and the Secretary of Homeland Security.
``(c) Remedies.--(1) The head of an agency may impose remedies as
provided in this subsection if the head of the agency finds that the
contractor--
``(A) has furnished under a covered contract a product that
is a sweatshop good;
``(B) has submitted a false certification under subsection
(a)(1); or
``(C) has failed to cooperate with an investigation under
subsection (b).
``(2) The head of an agency may terminate a covered contract on the
basis of a finding of a violation that occurs under paragraph (1) after
the date the requirements of this section are implemented through the
amendment of the Federal Acquisition Regulation under sections 6 and 25
of the Office of Federal Procurement Policy Act (41 U.S.C. 405 and
421).
``(3) The head of an agency may debar or suspend a contractor from
eligibility for Federal contracts on the basis of a finding that the
contractor has committed a violation described in paragraph (1). The
debarment period may not exceed 3 years.
``(4) The Administrator of General Services shall include on the
List of Parties Excluded from Federal Procurement and Nonprocurement
Programs maintained by the Administrator under part 9 of the Federal
Acquisition Regulation each contractor that is debarred, suspended,
proposed for debarment or suspension, or declared ineligible by the
head of an agency on the basis that the contractor has committed a
violation under paragraph (1).
``(5) This section shall not be construed to limit the use of other
remedies available to the head of an agency or any other official of
the Federal Government on the basis of a finding under paragraph (1).
``(d) Definitions.--In this section:
``(1) The term `covered contract' means a contract for a
total amount in excess of the micro-purchase threshold, as that
term is defined in section 32(f) of the Office of Federal
Procurement Policy Act (41 U.S.C. 428(f)).
``(2) The term `sweatshop good' means all goods, wares,
articles, and merchandise mined, produced, or manufactured
wholly or in part in violation of core labor standards, as
defined in section 3 of the Decent Working Conditions and Fair
Competition Act.''.
(2) Clerical amendment.--The table of contents at the
beginning of such chapter is amended by adding at the end the
following new item:
``2334. Prohibition on procurement of sweatshop goods.''.
(c) Implementation Through the Federal Acquisition Regulation.--Not
later than 120 days after the date of the enactment of this Act, the
Federal Acquisition Regulatory Council shall amend the Federal
Acquisition Regulation issued under sections 6 and 25 of the Office of
Federal Procurement Policy Act (41 U.S.C. 405 and 421) to provide for
the implementation of the requirements of section 318 of the Federal
Property of Administrative Services Act of 1949 and section 2334 of
title 10, United States Code, as added by subsections (a) and (b),
respectively.
(d) Report.--Not later than 2 years after the requirements of this
section and of section 318 of the Federal Property of Administrative
Services Act of 1949 and section 2334 of title 10, United States Code,
as added by subsections (a) and (b), respectively, are implemented
through the amendment of the Federal Acquisition Regulation pursuant to
subsection (c), the Administrator of General Services, with the
assistance of other executive agencies, shall submit to the Office of
Management and Budget a report on the actions taken under such
sections.
TITLE IV--EFFECT ON STATE LAW
SEC. 401. RULE OF CONSTRUCTION.
Nothing in this Act or the amendments made by this Act shall be
construed to preempt any law of a State or political subdivision of a
State relating to labor standards required in the mining, production,
or manufacture of any good, ware, article, or merchandise purchased by
the State or political subdivision. | Decent Working Conditions and Fair Competition Act - Amends the Tariff Act of 1930 to revise the prohibition on importing convict-made goods into the United States to make it unlawful to: (1) import into, or export from, the United States any sweatshop good; or (2) introduce into commerce, sell, trade, or advertise in commerce, offer to sell, or transport or distribute in U.S. commerce, any sweatshop good.
Grants the President, for reasons of national interest, authority to recommend waiver of the applications set forth in this Act in connection with the goods of any country with respect to one or more of the principles and rights defined in this Act as a core labor standard.
Sets forth procedures for consideration of such a waiver.
Makes it unlawful for persons to introduce into commerce, sell, trade, or advertise in commerce, offer to sell or transport or distribute in commerce any sweatshop good.
Requires the Federal Trade Commission (FTC) to enforce this prohibition as if it were an unfair or deceptive act or practice proscribed under the Federal Trade Commission Act.
Allows specified persons with standing to bring a civil action in U.S. district courts against sellers of goods, wares, articles, or merchandise on grounds of a violation of such prohibition. Lists those with standing.
Prohibits executive agencies and the Armed Forces from entering into procurement contracts for sweatshop goods.
Prohibits anything in this Act from being construed to preempt a state from regulating labor standards required in the mining, production, or manufacture of merchandise purchased by the state. | {"src": "billsum_train", "title": "To amend the Tariff Act of 1930 to prohibit the import, export, and sale of goods made with sweatshop labor, and for other purposes."} | 3,832 | 345 | 0.437333 | 1.393673 | 0.636778 | 3.811258 | 11.728477 | 0.864238 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``NIST Grants for Energy Efficiency,
New Job Opportunities, and Business Solutions Act of 2010'' or the
``NIST GREEN JOBS Act of 2010''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Over its 20-year existence, the Hollings Manufacturing
Extension Partnership Program has proven its value to
manufacturers as demonstrated by the resulting impact on jobs
and the economies of all 50 States and the Nation as a whole.
(2) The Hollings Manufacturing Extension Partnership
Program has helped thousands of companies reinvest in
themselves through process improvement and business growth
initiatives leading to more sales, new markets, and the
adoption of technology to deliver new products and services.
(3) Manufacturing is an increasingly important part of the
construction sector as the industry moves to the use of more
components and factory built sub-assemblies.
(4) Construction practices must become more efficient and
precise if the United States is to construct and renovate its
building stock to reduce related carbon emissions to levels
that are consistent with combating global warming.
(5) Many companies involved in construction are small,
without access to innovative manufacturing techniques, and
could benefit from the type of training and business analysis
activities that the Manufacturing Extension Partnership
routinely provides to the Nation's manufacturers and their
supply chains.
(6) Broadening the competitiveness grant program under
section 25(f) of the National Institute of Standards and
Technology Act (15 U.S.C. 278k(f)) could help develop and
diffuse knowledge necessary to capture a large portion of the
estimated $100 billion dollars or more in energy savings if
buildings in the United States met the level and quality of
energy efficiency now found in buildings in certain other
countries.
(7) It is therefore in the national interest to expand the
capabilities of the Manufacturing Extension Partnership to be
supportive of the construction and green energy industries.
SEC. 3. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY COMPETITIVE
GRANT PROGRAM.
(a) In General.--Section 25(f)(3) of the National Institute of
Standards and Technology Act (15 U.S.C. 278k(f)(3)) is amended--
(1) by striking ``to develop'' in the first sentence and
inserting ``to add capabilities to the MEP program, including
the development of''; and
(2) by striking the last sentence and inserting ``These
themes--
``(A) shall be related to projects designed to
increase the viability both of traditional
manufacturing sectors and other sectors, such as
construction, that increasingly rely on manufacturing
through the use of manufactured components and
manufacturing techniques, including supply chain
integration and quality management;
``(B) shall be related to projects related to the
transfer of technology based on the technological needs
of manufacturers and available technologies from
institutions of higher education, laboratories, and
other technology producing entities; and
``(C) may extend beyond these traditional areas to
include projects related to construction industry
modernization.''.
(b) Selection.--Section 25(f)(5) of the National Institute of
Standards and Technology Act (15 U.S.C. 278k(f)(5)) is amended to read
as follows:
``(5) Selection.--Awards under this section shall be peer
reviewed and competitively awarded. The Director shall endeavor
to select at least one proposal in each of the 9 statistical
divisions of the United States (as designated by the Bureau of
the Census). The Director shall select proposals to receive
awards that will--
``(A) create jobs or train newly hired employees;
``(B) promote technology transfer and
commercialization of environmentally focused materials,
products, and processes;
``(C) increase energy efficiency; and
``(D) improve the competitiveness of industries in
the region in which the Center or Centers are
located.''.
(c) Other Modifications.--Section 25(f) of the National Institute
of Standards and Technology Act (15 U.S.C. 278k(f)) is amended--
(1) by adding at the end the following:
``(7) Duration.--Awards under this section shall last no
longer than 3 years.
``(8) Eligible participants.--In addition to manufacturing
firms eligible to participate in the Centers program, awards
under this subsection may be used by the Centers to assist
small or medium-sized construction firms.
``(9) Authorization of appropriations.--In addition to any
amounts otherwise authorized or appropriated to carry out this
section, there are authorized to be appropriated to the
Secretary of Commerce $7,000,000 for each of the fiscal years
2011 through 2014 to carry out this subsection.''. | NIST Grants for Energy Efficiency, New Job Opportunities, and Business Solutions Act of 2010 or the NIST GREEN JOBS Act of 2010 - Amends the National Institute of Standards and Technology Act to require the themes under the competitive grant program within the Regional Centers for the Transfer of Manufacturing Technology program to be related to projects: (1) designed to increase the viability both of traditional manufacturing sectors and other sectors, such as construction, that increasingly rely on manufacturing through the use of manufactured components and manufacturing techniques, including supply chain integration and quality management; and (2) related to the transfer of technology based on the technological needs of manufacturers and available technologies from institutions of higher education, laboratories, and other technology producing entities. Authorizes such themes to extend beyond such areas to include projects related to construction industry modernization.
Revises the selection criteria for such grants. Requires the Director of the National Institute of Standards and Technology (NIST) to: (1) endeavor to select at least one proposal in each of the nine statistical divisions of the United States (as designated by the Bureau of the Census) for a grant; and (2) award grants to proposals that will create jobs or train newly hired employees, promote technology transfer and commercialization of environmentally focused materials, products, and processes, increase energy efficiency, and improve the competitiveness of industries in regions in which the Centers are located. Limits award duration to three years. Authorizes awards to be used by Centers to assist small or medium-sized construction firms.
Authorizes appropriations for FY2011-FY2014. | {"src": "billsum_train", "title": "A bill to create jobs, increase energy efficiency, and promote technology transfer, and for other purposes."} | 1,011 | 330 | 0.567494 | 1.961283 | 0.760574 | 4.67893 | 3.177258 | 0.919732 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Impunity for Iranian Aggression
at Sea Act of 2016''.
SEC. 2. IMPOSITION OF SANCTIONS ON INDIVIDUALS WHO WERE COMPLICIT IN
VIOLATIONS OF THE GENEVA CONVENTION OR THE RIGHT UNDER
INTERNATIONAL LAW TO CONDUCT INNOCENT PASSAGE.
(a) Report Required.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a report that includes--
(A) a determination with respect to whether, during
or after the incident that began on January 12, 2016,
in which forces of Iran boarded two United States Navy
riverine combat vessels and detained at gunpoint the
crews of those vessels, any of the actions of the
forces of Iran constituted a violation of--
(i) the Geneva Convention; or
(ii) the right under international law to
conduct innocent passage; and
(B) a certification with respect to whether or not
Federal funds, including the $1,700,000,000 payment
that was announced by the Secretary of State on January
17, 2016, were paid to Iran, directly or indirectly, to
effect the release of--
(i) the members of the United States Navy
who were detained in the incident described in
subparagraph (A); or
(ii) other United States citizens,
including Jason Rezaian, Amir Hekmati, Saeed
Abedini, Nosratollah Khosravi-Roodsari, and
Matthew Trevithick, the release of whom was
announced on January 16, 2016.
(2) Actions to be assessed.--In assessing actions of the
forces of Iran under paragraph (1)(A), the President shall
consider, at a minimum, the following actions:
(A) The stopping, boarding, search, and seizure of
the two United States Navy riverine combat vessels in
the incident described in paragraph (1)(A).
(B) The removal from their vessels and detention of
members of the United States Armed Forces in that
incident.
(C) The theft or confiscation of electronic
navigational equipment or any other equipment from the
vessels.
(D) The forcing of one or more members of the
United States Armed Forces to apologize for their
actions.
(E) The display, videotaping, or photographing of
members of the United States Armed Forces and the
subsequent broadcasting or other use of those
photographs or videos.
(F) The forcing of female members of the United
States Armed Forces to wear head coverings.
(3) Description of actions.--In the case of each action
that the President determines under paragraph (1)(A) is a
violation of the Geneva Convention or the right under
international law to conduct innocent passage, the President
shall include in the report required by that paragraph a
description of the action and an explanation of how the action
violated the Geneva Convention or the right to conduct innocent
passage, as the case may be.
(4) Form of report.--The report required by paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
(b) List of Certain Persons Who Have Been Complicit in Violations
of the Geneva Convention or the Right To Conduct Innocent Passage.--
(1) In general.--Not later than 30 days after the
submission of the report required by subsection (a), if the
President has determined that one or more actions of the forces
of Iran constituted a violation of the Geneva Convention or the
right under international law to conduct innocent passage, the
President shall submit to the appropriate congressional
committees a list of persons who are officials of the
Government of Iran or were acting on behalf of that Government
that, based on credible evidence, are responsible for or
complicit in, or responsible for ordering, controlling, or
otherwise directing, any such violation.
(2) Updates of list.--The President shall submit to the
appropriate congressional committees an updated list under
paragraph (1) as new information becomes available.
(3) Public availability.--To the maximum extent
practicable, the list required by paragraph (1) shall be made
available to the public and posted on publicly accessible
Internet websites of the Department of Defense and the
Department of State.
(c) Imposition of Sanctions.--
(1) In general.--The President shall impose the sanctions
described in paragraph (2) with respect to each person on the
list required by subsection (b).
(2) Sanctions.--
(A) Prohibition on entry and admission to the
united states.--An alien on the list required by
subsection (b) may not--
(i) be admitted to, enter, or transit
through the United States;
(ii) receive any lawful immigration status
in the United States under the immigration
laws; or
(iii) file any application or petition to
obtain such admission, entry, or status.
(B) Blocking of property.--
(i) In general.--The President shall,
pursuant to the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.),
block and prohibit all transactions in all
property and interests in property of a person
on the list required by subsection (b) if such
property and interests in property are in the
United States, come within the United States,
or are or come within the possession or control
of a United States person.
(ii) Exception relating to importation of
goods.--
(I) In general.--The authority to
block and prohibit all transactions in
all property and interests in property
under clause (i) shall not include the
authority to impose sanctions on the
importation of goods.
(II) Good.--In this subparagraph,
the term ``good'' has the meaning given
that term in section 16 of the Export
Administration Act of 1979 (50 U.S.C.
4618) (as continued in effect pursuant
to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.)).
(iii) Penalties.--A person that violates,
attempts to violate, conspires to violate, or
causes a violation of clause (i) or any
regulation, license, or order issued to carry
out clause (i) shall be subject to the
penalties set forth in subsections (b) and (c)
of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) to the
same extent as a person that commits an
unlawful act described in subsection (a) of
that section.
(d) Definitions.--In this section:
(1) Admitted; alien; immigration laws.--The terms
``admitted'', ``alien'', and ``immigration laws'' have the
meanings given those terms in section 101 of the Immigration
and Nationality Act (8 U.S.C. 1101).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee
on Foreign Relations, and the Select Committee on
Intelligence of the Senate; and
(B) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Permanent Select Committee
on Intelligence of the House of Representatives.
(3) Forces of iran.--The term ``forces of Iran'' means the
Islamic Revolutionary Guard Corps, members of other military or
paramilitary units of the Government of Iran, and other agents
of that Government.
(4) Geneva convention.--The term ``Geneva Convention''
means the Convention relative to the Treatment of Prisoners of
War, done at Geneva on August 12, 1949 (6 UST 3316) (commonly
referred to as the ``Geneva Convention (III))''.
(5) Innocent passage.--The term ``innocent passage'' means
the principle under customary international law that all
vessels have the right to conduct innocent passage through
another country's territorial waters for the purpose of
continuous and expeditious traversing.
(6) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
(B) an entity organized under the laws of the
United States or of any jurisdiction within the United
States, including a foreign branch of such an entity. | No Impunity for Iranian Aggression at Sea Act of 2016 This bill requires the President to submit a report that includes: a determination of whether, during the June 2016 incident when Iranian forces boarded two U.S. Navy combat vessels and detained the crews at gunpoint, any of the Iranian actions violated the Geneva Convention or the international right to conduct innocent passage; and a certification of whether or not federal funds were paid to Iran to effect the release of the detained crew members or other U.S. citizens. The bill prescribes specified Iranian actions that the President shall consider, including: (1) the stopping, boarding, search, and seizure of the U.S. Navy vessels and the removal and detention of the crews; and (2) the display, videotaping, or photographing of U.S. service members and the subsequent use of those photographs or videos. The President shall: (1) upon a determination that such a violation occurred, submit and make public a list of Iranian government officials or persons acting on behalf of the Iranian government who are responsible for or complicit in any such violation; and (2) prohibit U.S. entry or admission and block property transactions of listed persons. | {"src": "billsum_train", "title": "No Impunity for Iranian Aggression at Sea Act of 2016"} | 1,850 | 255 | 0.705665 | 2.19197 | 0.818365 | 2.782222 | 7.435556 | 0.897778 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Security Clearance Accountability,
Reform, and Enhancement Act''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``agency'' has the meaning given the term in
Executive Order 13467 (73 Fed. Reg. 38103);
(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. 3. 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. 4. 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.
Passed the Senate December 15, 2014.
Attest:
Secretary.
113th CONGRESS
2d Session
S. 1744
_______________________________________________________________________
AN ACT
To strengthen the accountability of individuals involved in misconduct
affecting the integrity of background investigations, to update
guidelines for position designation, and for other purposes. | Security Clearance Accountability, Reform, and Enhancement Act - (Sec. 3) Deems a federal agency employee to be unfit for federal employment if the agency determines that such employee has engaged in misconduct affecting the integrity of a background investigation, including falsification of any information relating to such an investigation (covered misconduct). 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. Extends such sanctions to employees performing background investigations under a contract between an agency and a prime contractor and subcontractors (covered contract). 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. Requires the President to report to specified congressional committees 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. 4) Requires the President to: (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. | {"src": "billsum_train", "title": "Security Clearance Accountability, Reform, and Enhancement Act"} | 1,703 | 320 | 0.658692 | 2.013889 | 0.867658 | 3.197842 | 5.802158 | 0.92446 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Government Waste
Reduction Act of 2013''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Establishment of Board.
Sec. 3. Duties of the Board.
Sec. 4. Powers of the Board.
Sec. 5. Board personnel matters.
Sec. 6. Congressional consideration of Board recommendations.
Sec. 7. Termination of the Board.
SEC. 2. ESTABLISHMENT OF BOARD.
(a) Establishment.--There is established the Independent Government
Waste Reduction Board (hereafter in this Act referred to as the
``Board'').
(b) Membership.--
(1) In general.--
(A) Appointment.--The Board shall be composed of 15
members appointed by the President, by and with the
advice and consent of Congress.
(B) Qualifications.--The members of the Board shall
include individuals with national recognition for their
expertise in agencies, efficiency, waste reduction,
finance and economics, actuarial sciences, who provide
a mix of different professionals, broad geographic
representation, and a balance between urban and rural
representatives.
(C) Ethical disclosure.--The President shall
establish a system for public disclosure by members of
the Board of financial and other potential conflicts of
interest relating to such members. Members of the Board
shall be treated as officers in the executive branch
for purposes of applying title I of the Ethics in
Government Act of 1978 (Public Law 95-521).
(D) Conflicts of interest.--No individual may serve
as a member of the Board if that individual engages in
any other business, vocation, or employment.
(E) Consultation with congress.--In selecting
individuals for nominations for appointments to the
Board, the President shall consult with--
(i) the majority leader of the Senate
concerning the appointment of 3 members;
(ii) the Speaker of the House of
Representatives concerning the appointment of 3
members;
(iii) the minority leader of the Senate
concerning the appointment of 3 members; and
(iv) the minority leader of the House of
Representatives concerning the appointment of 3
members.
(2) Term of office.--Each member shall hold office for the
duration of the Board.
(3) Chairperson.--
(A) In general.--The Chairperson shall be appointed
by the President, by and with the advice and consent of
the Senate, from among the members of the Board.
(B) Duties.--The Chairperson shall be the principal
executive officer of the Board, and shall exercise all
of the executive and administrative functions of the
Board, including functions of the Board with respect
to--
(i) the appointment and supervision of
personnel employed by the Board;
(ii) the distribution of business among
personnel appointed and supervised by the
Chairperson and among administrative units of
the Board; and
(iii) the use and expenditure of funds.
(C) Governance.--In carrying out any of the
functions under subparagraph (B), the Chairperson shall
be governed by the general policies established by the
Board and by the decisions, findings, and
determinations the Board shall by law be authorized to
make.
(D) Requests for appropriations.--Requests or
estimates for regular, supplemental, or deficiency
appropriations on behalf of the Board may not be
submitted by the Chairperson without the prior approval
of a majority vote of the Board.
(4) Removal.--Any member may be removed by the President
for neglect of duty or malfeasance in office, but for no other
cause.
(c) Vacancies; Quorum; Seal; Vice Chairperson; Voting on Reports.--
(1) Vacancies.--No vacancy on the Board shall impair the
right of the remaining members to exercise all the powers of
the Board.
(2) Quorum.--A majority of the members of the Board shall
constitute a quorum for the transaction of business, but a
lesser number of members may hold hearings.
(3) Seal.--The Board shall have an official seal, of which
judicial notice shall be taken.
(4) Vice chairperson.--The Board shall elect a Vice
Chairperson to act in the absence or disability of the
Chairperson or in case of a vacancy in the office of the
Chairperson.
(5) Voting on proposals.--Any proposal of the Board must be
approved by the majority of members present.
SEC. 3. DUTIES OF THE BOARD.
(a) Submission of Report.--Not later than one year after the date
of the enactment of this Act, the Board shall submit to Congress and
the President a report that advises specific implementation of the
recommendations from the March 2011 Government Accountability Office
report to Congress, entitled ``Opportunities to Reduce Potential
Duplication in Government Programs, Save Tax Dollars, and Enhance
Revenue'' (GAO-11-318SP) and the February 2012 Government
Accountability Office report to Congress, entitled ``Opportunities to
Reduce Duplication, Overlap and Fragmentation, Achieve Savings, and
Enhance Revenue'' (GAO-12-342SP) and shall include--
(1) a summary of the recommendations;
(2) an explanation of each recommendation contained in the
report and the reasons for including such recommendation;
(3) an opinion by the Government Accountability Office on
whether each recommendation is consistent with the intent of
such Government Accountability Office reports;
(4) a legislative proposal that implements the
recommendations; and
(5) other information determined appropriate by the Board.
(b) Recommendations Requirements.--
(1) Requirements.--Each recommendation in the report
submitted under subsection (a)--
(A) shall result in a decrease of overall
Government spending or an increase of Government
revenue; and
(B) shall not result in--
(i) any cut in benefits for veterans,
members of the Armed Forces, or their families;
or
(ii) any cut in benefits for seniors,
including--
(I) the elimination of guaranteed
health insurance benefits for seniors
or people with disabilities;
(II) the conversion of Medicare
into a voucher plan that provides
limited payments to seniors or people
with disabilities to purchase health
care in the private health insurance
market;
(III) cuts in Medicaid health
insurance benefits;
(IV) cuts in nursing home care; or
(V) privatization of Social
Security benefits.
(2) Consultation with other agencies.--The Board shall
consult regularly with the Government Accountability Office and
other agencies in making the recommendations required under
this section.
SEC. 4. POWERS OF THE BOARD.
(a) Hearings.--The Board may hold such hearings, sit and act at
such times and places, take such testimony, and receive such evidence
as the Board considers advisable to carry out this Act.
(b) Obtaining Official Data.--The Board may secure directly from
any department or agency information necessary to enable it to carry
out this section. Upon request of the Chairperson, the head of that
department or agency shall furnish that information to the Board on an
agreed upon schedule.
(c) Postal Services.--The Board may use the United States mails in
the same manner and under the same conditions as other agencies of the
Federal Government.
(d) Gifts.--The Board may accept, use, and dispose of gifts or
donations of services or property.
(e) Offices.--The Board shall maintain a principal office and such
field offices as it determines necessary, and may meet and exercise any
of its powers at any other place.
SEC. 5. BOARD PERSONNEL MATTERS.
(a) Compensation of Members and Chairperson.--Each member of the
Board, other than the Chairperson, shall be compensated at a rate equal
to the annual rate of basic pay prescribed for level III of the
Executive Schedule under section 5315 of title 5, United States Code.
The Chairperson shall be compensated at a rate equal to the daily
equivalent of the annual rate of basic pay prescribed for level II of
the Executive Schedule under section 5315 of title 5, United States
Code.
(b) Travel Expenses.--The members of the Board shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter 57
of title 5, United States Code, while away from their homes or regular
places of business in the performance of services for the Board.
(c) Staff.--
(1) In general.--The Chairperson may, without regard to the
civil service laws and regulations, appoint and terminate an
executive director and such other additional personnel as may
be necessary to enable the Board to perform its duties. The
employment of an executive director shall be subject to
confirmation by the Board.
(2) Compensation.--The Chairperson may fix the compensation
of the executive director and other personnel without regard to
chapter 51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions and
General Schedule pay rates, except that the rate of pay for the
executive director and other personnel may not exceed the rate
payable for level V of the Executive Schedule under section
5316 of such title.
(d) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Board without reimbursement, and such
detail shall be without interruption or loss of civil service status or
privilege.
(e) Procurement of Temporary and Intermittent Services.--The
Chairperson may procure temporary and intermittent services under
section 3109(b) of title 5, United States Code, at rates for
individuals which do not exceed the daily equivalent of the annual rate
of basic pay prescribed for level V of the Executive Schedule under
section 5316 of such title.
SEC. 6. CONGRESSIONAL CONSIDERATION OF BOARD RECOMMENDATIONS.
(a) Introduction.--
(1) In general.--On the day on which the report is
submitted by the Board to the Congress under section 3(a), the
legislative proposal (described in section 3(a)(4)) contained
in the report shall be introduced (by request) in the Senate by
the majority leader of the Senate or by Members of the Senate
designated by the majority leader of the Senate and shall be
introduced (by request) in the House by the majority leader of
the House or by Members of the House designated by the majority
leader of the House.
(2) Not in session.--If either House is not in session on
the day on which such legislative proposal is submitted, the
legislative proposal shall be introduced in that House, as
provided in subparagraph (A), on the first day thereafter on
which that House is in session.
(3) Any member.--If the legislative proposal is not
introduced in either House within 5 days on which that House is
in session after the day on which the legislative proposal is
submitted, then any Member of that House may introduce the
legislative proposal.
(4) Referral.--The legislation introduced under this
subsection in the House of Representatives shall be referred to
the Committee on Oversight and Government Reform of the House
of Representatives. The legislation introduced under this
subsection in the Senate shall be referred to the Committee on
Homeland Security and Governmental Affairs of the Senate.
(b) Discharge.--If the committee to which a legislative proposal
described in subsection (a) is referred has not reported the bill
containing such proposal by the end of the 20-day period beginning on
the date on which the Board submits the report to Congress under
section 3(a), such committee shall be, at the end of such period,
discharged from further consideration of such bill, and such bill shall
be placed on the appropriate calendar of the House involved.
(c) Expedited Consideration.--
(1) Consideration.--On or after the third day after the
date on which the committee to which such a bill is referred
has reported, or has been discharged (under subsection (b))
from further consideration of, such a bill, it is in order
(even though a previous motion to the same effect has been
disagreed to) for any Member of the respective House to move to
proceed to the consideration of the bill. A member may make the
motion only on the day after the calendar day on which the
Member announces to the House concerned the Member's intention
to make the motion, except that, in the case of the House of
Representatives, the motion may be made without such prior
announcement if the motion is made by direction of the
committee to which the bill was referred. The motion is highly
privileged in the House of Representatives and is privileged in
the Senate and is not debatable. The motion is not subject to
amendment, or to a motion to postpone, or to a motion to
proceed to the consideration of other business. A motion to
reconsider the vote by which the motion is agreed to or
disagreed to shall not be in order. If a motion to proceed to
the consideration of the bill is agreed to, the respective
House shall immediately proceed to consideration of the bill
without intervening motion, order, or other business, and the
bill shall remain the unfinished business of the respective
House until disposed of.
(2) Debate.--Debate on the bill, and on all debatable
motions and appeals in connection therewith, shall be limited
to not more than 2 hours, which shall be divided equally
between those favoring and those opposing the bill. An
amendment to the bill is not in order. A motion further to
limit debate is in order and not debatable. A motion to
postpone, or a motion to proceed to the consideration of other
business, or a motion to recommit the bill is not in order. A
motion to reconsider the vote by which the bill is agreed to or
disagreed to is not in order.
(3) Vote on final passage.--Immediately following the
conclusion of the debate on the bill and a single quorum call
at the conclusion of the debate if requested in accordance with
the rules of the appropriate House, the vote on final passage
of the bill shall occur.
(4) Appeals.--Appeals from the decisions of the Chair
relating to the application of the rules of the Senate or the
House of Representatives, as the case may be, to the procedure
relating to the bill shall be decided without debate.
(d) Consideration by Other House.--
(1) Before passage.--If, before the passage by one House of
a bill of that House described in subsection (b), that House
receives from the other House a bill described in subsection
(b), then the following procedures shall apply--
(A) the bill of the other House shall not be
referred to a committee and may not be considered in
the House receiving it except in the case of final
passage as provided in subparagraph (B)(ii); and
(B) with respect to a bill described in subsection
(b) of the House receiving the bill (i) the procedure
in that House shall be the same as if no bill had been
received from the other House; but (ii) the vote on
final passage shall be on the bill of the other House.
(2) After passage.--Upon disposition of the bill received
from the other House, it shall no longer be in order to
consider the bill that originated in the receiving House.
(e) Rules of the Senate and House.--This section is enacted by
Congress--
(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such it is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of a bill described in subsection (b),
and it supersedes other rules only to the extent that it is
inconsistent with such rules; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
(f) Calendar Day Defined.--In this section, the term ``calendar
day'' means a calendar day other than one on which either House is not
in session because of an adjournment of more than three days to a date
certain.
SEC. 7. TERMINATION OF THE BOARD.
The Board shall terminate 120 days after the date on which the
Board submits the report under section 3(a). | Government Waste Reduction Act of 2013 - Establishes the Independent Government Waste Reduction Board, the membership of which shall include individuals with national recognition for expertise in agencies, waste reduction, finance and economics, and actuarial sciences. Requires the Board to submit to Congress and the President a report that advises specific implementation of the recommendations from the March 2011 Government Accountability Office (GAO) report "Opportunities to Reduce Potential Duplication in Government Programs, Save Tax Dollars, and Enhance Revenue" and the February 2012 GAO report "Opportunities to Reduce Duplication, Overlap and Fragmentation, Achieve Savings, and Enhance Revenue." Sets forth procedures for congressional consideration of the Board's recommendations. | {"src": "billsum_train", "title": "Government Waste Reduction Act of 2013"} | 3,591 | 176 | 0.5209 | 1.591454 | 0.891743 | 4.782258 | 27.145161 | 0.895161 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Heritage Conservation Act''.
SEC. 2. SPECIAL LIMITATION FOR CERTAIN CHARITABLE CONTRIBUTIONS OF
ELIGIBLE FARMERS AND RANCHERS.
(a) In General.--Section 170(b)(1) of the Internal Revenue Code of
1986 (relating to percentage limitations of individuals) is amended by
redesignating subparagraph (F) as subparagraph (G) and inserting after
subparagraph (E) the following:
``(F) Special limitation with respect to
contributions described in subparagraph (a) of capital
gain property by eligible farmers or ranchers.--
``(i) In general.--Notwithstanding
subparagraph (C), in the case of a charitable
contribution described in subparagraph (A) of
capital gain property (as defined in
subparagraph (C)) of an eligible farmer or
rancher who makes an election under clause
(ii), the total amount of contributions of such
property which may be taken into account under
subsection (a) for any taxable year shall not
exceed 100 percent of the taxpayer's
contribution base for such year. For purposes
of this subsection, contributions of capital
gain property to which this subparagraph
applies shall be taken into account after all
other charitable contributions.
``(ii) Election.--
``(II) In general.--A taxpayer may
make an election under this clause to
take the deduction under subsection (a)
for any contribution described in
clause (i) for a 15-consecutive-
taxable-year period.
``(II) Effect of election.--A
taxpayer may only make 1 election under
this clause. Such election, once made,
shall be irrevocable.
``(iii) Eligible farmer or rancher.--For
purposes of this subparagraph, the term
`eligible farmer or rancher' means a taxpayer--
``(I) whose gross income from the
trade or business of farming (within
the meaning of section 2032A(e)(5)) is
at least 51 percent of the taxpayer's
gross income for the taxable year, and
``(II) in the case of a C
corporation, the stock of which is not
publicly traded on a recognized
exchange.''.
(b) Conforming Amendments.--
(1) Section 170(b)(1)(C)(i) of the Internal Revenue Code of
1986 is amended by inserting ``or (E)'' after ``subparagraph
(D)''.
(2) The second sentence of section 170(b)(1)(D) of such
Code is amended by inserting ``(other than charitable
contributions to which subparagraph (F) applies)'' before the
period.
(c) Effective Date.--The amendments made by this section shall
apply to contributions made in taxable years beginning after the date
of the enactment of this Act.
SEC. 3. MODIFICATIONS TO ENCOURAGE CONTRIBUTIONS OF CAPITAL GAIN REAL
PROPERTY MADE FOR CONSERVATION PURPOSES.
(a) Exclusion From Percentage Limitation.--Section 170(b)(1)(C) of
the Internal Revenue Code of 1986 (relating to special limitation with
respect to contributions described in subparagraph (A) of capital gain
property) is amended by redesignating clause (iv) as clause (v) and by
inserting after clause (iii) the following:
``(iv) Clauses (i) and (ii) shall not apply
to a contribution of capital gain property
which is a qualified conservation contribution
(as defined in subsection (h)).''.
(b) Unlimited Carryover for Certain Conservation Contributions of
Capital Gain Property.--Paragraph (1) of section 170(d) of the Internal
Revenue Code of 1986 (relating to carryover of excess contributions) is
amended by adding at the end the following:
``(C) Unlimited carryover for certain conservation
contributions.--Subparagraph (A) shall not apply to a
contribution described in subsection (b)(1)(C)(iv). If
the amount of the contribution described in subsection
(b)(1)(C)(iv), payment of which is made within the
taxable year, exceeds the taxpayer's contribution base
for the taxable year, such excess shall be treated as a
contribution so described paid in each succeeding
taxable year, in order of time.''.
(c) Effective Date.--The amendments made by this section shall
apply to contributions made in taxable years beginning after the date
of the enactment of this Act.
SEC. 4. INCREASE IN CHARITABLE CONTRIBUTION LIMIT FOR FARMERS AND
RANCHERS DOING BUSINESS IN CORPORATE FORM.
(a) In General.--Section 170(b)(1) of the Internal Revenue Code of
1986 (relating to percentage limitation of individuals), as amended by
section 2(a), is amended by redesignating subparagraph (G) as
subparagraph (H) and by inserting after subparagraph (F) the following:
``(G) Certain farmers and ranchers.--An eligible
farmer or rancher (as defined in subparagraph (F))
shall be treated as an individual for purposes of this
section with respect to any qualified conservation
contribution.''
(b) Conforming Amendment.--Section 170(b)(2) of the Internal
Revenue Code of 1986 is amended by striking ``corporation,'' and
inserting ``corporation (other than a corporation that is an eligible
farmer or rancher as defined in paragraph (1)(F) with respect to a
qualified conservation contribution),''.
(c) Effective Date.--The amendments made by this section shall
apply to donations of qualified conservation contributions (as defined
in section 170(h) of the Internal Revenue Code of 1986) made after the
date of the enactment of this Act, in taxable years ending after such
date.
SEC. 5. EXPANSION OF ESTATE TAX EXCLUSION FOR LAND SUBJECT TO QUALIFIED
CONSERVATION EASEMENT.
(a) In General.--Subparagraph (A) of section 2031(c)(8) of the
Internal Revenue Code of 1986 (defining land subject to a qualified
conservation easement) is amended by striking clause (i) and by
redesignating clauses (ii) and (iii) as clauses (i) and (ii),
respectively.
(b) Effective Date.--The amendments made by this section shall
apply to qualified conservation contributions (as defined in section
170(h) of the Internal Revenue Code of 1986) made after the date of the
enactment of this Act. | Rural Heritage Conservation Act - Amends the Internal Revenue Code, with respect to farm and ranch land, to: (1) establish special rules for the charitable contribution of such land; (2) treat a farmer or rancher as an individual with respect to any such contribution with respect to the charitable contribution limit; and (3) expand, for estate tax purposes, the definition of land which may qualify for a conservation contribution. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide special rules for the charitable deduction for conservation contributions of land by eligible farmers and ranchers, and for other purposes."} | 1,526 | 84 | 0.547721 | 1.252905 | 0.729248 | 2.048193 | 14.963855 | 0.86747 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission on Wartime Relocation and
Internment of Latin Americans of Japanese Descent Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Based on a preliminary study published in December
1982 by the Commission on Wartime Relocation and Internment of
Civilians, Congress finds the following:
(1) During World War II, the United States--
(A) expanded its internment program and national
security investigations to conduct the program and
investigations in Latin America; and
(B) financed relocation to the United States, and
internment, of approximately 2,300 Latin Americans of
Japanese descent, for the purpose of exchanging the
Latin Americans of Japanese descent for United States
citizens held by Axis countries.
(2) Approximately 2,300 men, women, and children of
Japanese descent from 13 Latin American countries were held in
the custody of the Department of State in internment camps
operated by the Immigration and Naturalization Service from
1941 through 1948.
(3) Those men, women, and children either--
(A) were arrested without a warrant, hearing, or
indictment by local police, and sent to the United
States for internment; or
(B) in some cases involving women and children,
voluntarily entered internment camps to remain with
their arrested husbands, fathers, and other male
relatives.
(4) Passports held by individuals who were Latin Americans
of Japanese descent were routinely confiscated before the
individuals arrived in the United States, and the Department of
State ordered United States consuls in Latin American countries
to refuse to issue visas to the individuals prior to departure.
(5) Despite their involuntary arrival, Latin American
internees of Japanese descent were considered to be and treated
as illegal entrants by the Immigration and Naturalization
Service. Thus, the internees became illegal aliens in United
States custody who were subject to deportation proceedings for
immediate removal from the United States. In some cases, Latin
American internees of Japanese descent were deported to Axis
countries to enable the United States to conduct prisoner
exchanges.
(6) Approximately 2,300 men, women, and children of
Japanese descent were relocated from their homes in Latin
America, detained in internment camps in the United States, and
in some cases, deported to Axis countries to enable the United
States to conduct prisoner exchanges.
(7) The Commission on Wartime Relocation and Internment of
Civilians studied Federal actions conducted pursuant to
Executive Order 9066 (relating to authorizing the Secretary of
War to prescribe military areas). Although the United States
program of interning Latin Americans of Japanese descent was
not conducted pursuant to Executive Order 9066, an examination
of that extraordinary program is necessary to establish a
complete account of Federal actions to detain and intern
civilians of enemy or foreign nationality, particularly of
Japanese descent. Although historical documents relating to the
program exist in distant archives, the Commission on Wartime
Relocation and Internment of Civilians did not research those
documents.
(8) Latin American internees of Japanese descent were a
group not covered by the Civil Liberties Act of 1988 (50 U.S.C.
App. 1989b et seq.), which formally apologized and provided
compensation payments to former Japanese Americans interned
pursuant to Executive Order 9066.
(b) Purpose.--The purpose of this Act is to establish a fact-
finding Commission to extend the study of the Commission on Wartime
Relocation and Internment of Civilians to investigate and determine
facts and circumstances surrounding the relocation, internment, and
deportation to Axis countries of Latin Americans of Japanese descent
from December 1941 through February 1948, and the impact of those
actions by the United States, and to recommend appropriate remedies, if
any, based on preliminary findings by the original Commission and new
discoveries.
SEC. 3. ESTABLISHMENT OF THE COMMISSION.
(a) In General.--There is established the Commission on Wartime
Relocation and Internment of Latin Americans of Japanese descent
(referred to in this Act as the ``Commission'').
(b) Composition.--The Commission shall be composed of 9 members,
who shall be appointed not later than 60 days after the date of
enactment of this Act, of whom--
(1) 3 members shall be appointed by the President;
(2) 3 members shall be appointed by the Speaker of the
House of Representatives, on the joint recommendation of the
majority leader of the House of Representatives and the
minority leader of the House of Representatives; and
(3) 3 members shall be appointed by the President pro
tempore of the Senate, on the joint recommendation of the
majority leader of the Senate and the minority leader of the
Senate.
(c) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. A vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as the
original appointment was made.
(d) Meetings.--
(1) First meeting.--The President shall call the first
meeting of the Commission not later than the later of--
(A) 60 days after the date of enactment of this
Act; or
(B) 30 days after the date of enactment of
legislation making appropriations to carry out this
Act.
(2) Subsequent meetings.--Except as provided in paragraph
(1), the Commission shall meet at the call of the Chairperson.
(e) Quorum.--Five members of the Commission shall constitute a
quorum, but a lesser number of members may hold hearings.
(f) Chairperson and Vice Chairperson.--The Commission shall elect a
Chairperson and Vice Chairperson from among its members. The
Chairperson and Vice Chairperson shall serve for the life of the
Commission.
SEC. 4. DUTIES OF THE COMMISSION.
(a) In General.--The Commission shall--
(1) extend the study of the Commission on Wartime
Relocation and Internment of Civilians, established by the
Commission on Wartime Relocation and Internment of Civilians
Act--
(A) to investigate and determine facts and
circumstances surrounding the United States'
relocation, internment, and deportation to Axis
countries of Latin Americans of Japanese descent from
December 1941 through February 1948, and the impact of
those actions by the United States; and
(B) in investigating those facts and circumstances,
to review directives of the United States Armed Forces
and the Department of State requiring the relocation,
detention in internment camps, and deportation to Axis
countries of Latin Americans of Japanese descent ; and
(2) recommend appropriate remedies, if any, based on
preliminary findings by the original Commission and new
discoveries.
(b) Report.--Not later than 1 year after the date of the first
meeting of the Commission pursuant to section 3(d)(1), the Commission
shall submit a written report to Congress, which shall contain findings
resulting from the investigation conducted under subsection (a)(1) and
recommendations described in subsection (a)(2).
SEC. 5. POWERS OF THE COMMISSION.
(a) Hearings.--The Commission or, at its direction, any
subcommittee or member of the Commission, may, for the purpose of
carrying out this Act--
(1) hold such public hearings in such cities and countries,
sit and act at such times and places, take such testimony,
receive such evidence, and administer such oaths as the
Commission or such subcommittee or member considers advisable;
and
(2) require, by subpoena or otherwise, the attendance and
testimony of such witnesses and the production of such books,
records, correspondence, memoranda, papers, documents, tapes,
and materials as the Commission or such subcommittee or member
considers advisable.
(b) Issuance and Enforcement of Subpoenas.--
(1) Issuance.--Subpoenas issued under subsection (a) shall
bear the signature of the Chairperson of the Commission and
shall be served by any person or class of persons designated by
the Chairperson for that purpose.
(2) Enforcement.--In the case of contumacy or failure to
obey a subpoena issued under subsection (a), the United States
district court for the judicial district in which the
subpoenaed person resides, is served, or may be found may issue
an order requiring such person to appear at any designated
place to testify or to produce documentary or other evidence.
Any failure to obey the order of the court may be punished by
the court as a contempt of that court.
(c) Witness Allowances and Fees.--Section 1821 of title 28, United
States Code, shall apply to witnesses requested or subpoenaed to appear
at any hearing of the Commission. The per diem and mileage allowances
for witnesses shall be paid from funds available to pay the expenses of
the Commission.
(d) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to perform its duties. Upon request of
the Chairperson of the Commission, the head of such department or
agency shall furnish such information to the Commission.
(e) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
SEC. 6. PERSONNEL AND ADMINISTRATIVE PROVISIONS.
(a) Compensation of Members.--Each member of the Commission who is
not an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day (including
travel time) during which such member is engaged in the performance of
the duties of the Commission. All members of the Commission who are
officers or employees of the United States shall serve without
compensation in addition to that received for their services as
officers or employees of the United States.
(b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
(c) Staff.--
(1) In general.--The Chairperson of the Commission may,
without regard to the civil service laws and regulations,
appoint and terminate the employment of such personnel as may
be necessary to enable the Commission to perform its duties.
(2) Compensation.--The Chairperson of the Commission may
fix the compensation of the personnel without regard to chapter
51 and subchapter III of chapter 53 of title 5, United States
Code, relating to classification of positions and General
Schedule pay rates, except that the rate of pay for the
personnel may not exceed the rate payable for level V of the
Executive Schedule under section 5316 of such title.
(d) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Commission without reimbursement, and
such detail shall be without interruption or loss of civil service
status or privilege.
(e) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals that do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level V of the Executive Schedule
under section 5316 of such title.
(f) Other Administrative Matters.--The Commission may--
(1) enter into agreements with the Administrator of General
Services to procure necessary financial and administrative
services;
(2) enter into contracts to procure supplies, services, and
property; and
(3) enter into contracts with Federal, State, or local
agencies, or private institutions or organizations, for the
conduct of research or surveys, the preparation of reports, and
other activities necessary to enable the Commission to perform
its duties.
SEC. 7. TERMINATION.
The Commission shall terminate 90 days after the date on which the
Commission submits its report to Congress under section 4(b).
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated such sums
as may be necessary to carry out this Act.
(b) Availability.--Any sums appropriated under the authorization
contained in this section shall remain available, without fiscal year
limitation, until expended. | Commission on Wartime Relocation and Internment of Latin Americans of Japanese Descent Act - Establishes the Commission on Wartime Relocation and Internment of Latin Americans of Japanese descent.
Directs the Commission to: (1) extend the study of the Commission on Wartime Relocation and Internment of Civilians to investigate U.S. relocation, internment, and (in some cases) deportation to Axis countries of Latin Americans of Japanese descent held in U.S. custody from December 1941 through February 1948; and (2) recommend appropriate remedies to Congress based on preliminary findings by the original Commission and new discoveries.
Terminates the Commission 90 days after submission of its report to Congress (as required by this Act). | {"src": "billsum_train", "title": "To establish a fact-finding Commission to extend the study of a prior Commission to investigate and determine facts and circumstances surrounding the relocation, internment, and deportation to Axis countries of Latin Americans of Japanese descent from December 1941 through February 1948, and the impact of those actions by the United States, and to recommend appropriate remedies, and for other purposes."} | 2,738 | 153 | 0.585062 | 1.672046 | 0.678288 | 5.740157 | 19.535433 | 0.937008 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eastern New Mexico Rural Water
System Authorization Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Authority.--The term ``Authority'' means the Eastern
New Mexico Rural Water Authority, an entity formed under State
law for the purposes of planning, financing, developing, and
operating the System.
(2) Engineering report.--The term ``engineering report''
means the report entitled ``Eastern New Mexico Rural Water
System Preliminary Engineering Report'' and dated October 2006.
(3) Plan.--The term ``plan'' means the operation,
maintenance, and replacement plan required by section 4(b).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of New
Mexico.
(6) System.--
(A) In general.--The term ``System'' means the
Eastern New Mexico Rural Water System, a water delivery
project designed to deliver approximately 16,500 acre-
feet of water per year from the Ute Reservoir to the
cities of Clovis, Elida, Grady, Melrose, Portales, and
Texico and other locations in Curry, Roosevelt, and
Quay Counties in the State.
(B) Inclusions.--The term ``System'' includes the
major components and associated infrastructure
identified as the ``Best Technical Alternative'' in the
engineering report.
(7) Ute reservoir.--The term ``Ute Reservoir'' means the
impoundment of water created in 1962 by the construction of the
Ute Dam on the Canadian River, located approximately 32 miles
upstream of the border between New Mexico and Texas.
SEC. 3. EASTERN NEW MEXICO RURAL WATER SYSTEM.
(a) Financial Assistance.--
(1) In general.--The Secretary may provide financial and
technical assistance to the Authority to assist in planning,
designing, conducting related preconstruction activities for,
and constructing the System.
(2) Use.--
(A) In general.--Any financial assistance provided
under paragraph (1) shall be obligated and expended
only in accordance with a cooperative agreement entered
into under section 5(a)(2).
(B) Limitations.--Financial assistance provided
under paragraph (1) shall not be used--
(i) for any activity that is inconsistent
with constructing the System; or
(ii) to plan or construct facilities used
to supply irrigation water for irrigated
agricultural purposes.
(b) Cost-Sharing Requirement.--
(1) In general.--The Federal share of the total cost of any
activity or construction carried out using amounts made
available under this Act shall be not more than 75 percent of
the total cost of the System.
(2) System development costs.--For purposes of paragraph
(1), the total cost of the System shall include any costs
incurred by the Authority or the State on or after October 1,
2003, for the development of the System.
(c) Limitation.--No amounts made available under this Act may be
used for the construction of the System until--
(1) a plan is developed under section 4(b); and
(2) the Secretary and the Authority have complied with any
requirements of the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) applicable to the System.
(d) Title to Project Works.--Title to the infrastructure of the
System shall be held by the Authority or as may otherwise be specified
under State law.
SEC. 4. OPERATION, MAINTENANCE, AND REPLACEMENT COSTS.
(a) In General.--The Authority shall be responsible for the annual
operation, maintenance, and replacement costs associated with the
System.
(b) Operation, Maintenance, and Replacement Plan.--The Authority,
in consultation with the Secretary, shall develop an operation,
maintenance, and replacement plan that establishes the rates and fees
for beneficiaries of the System in the amount necessary to ensure that
the System is properly maintained and capable of delivering
approximately 16,500 acre-feet of water per year.
SEC. 5. ADMINISTRATIVE PROVISIONS.
(a) Cooperative Agreements.--
(1) In general.--The Secretary may enter into any contract,
grant, cooperative agreement, or other agreement that is
necessary to carry out this Act.
(2) Cooperative agreement for provision of financial
assistance.--
(A) In general.--The Secretary shall enter into a
cooperative agreement with the Authority to provide
financial assistance and any other assistance requested
by the Authority for planning, design, related
preconstruction activities, and construction of the
System.
(B) Requirements.--The cooperative agreement
entered into under subparagraph (A) shall, at a
minimum, specify the responsibilities of the Secretary
and the Authority with respect to--
(i) ensuring that the cost-share
requirements established by section 3(b) are
met;
(ii) completing the planning and final
design of the System;
(iii) any environmental and cultural
resource compliance activities required for the
System; and
(iv) the construction of the System.
(b) Technical Assistance.--At the request of the Authority, the
Secretary may provide to the Authority any technical assistance that is
necessary to assist the Authority in planning, designing, constructing,
and operating the System.
(c) Biological Assessment.--The Secretary shall consult with the
New Mexico Interstate Stream Commission and the Authority in preparing
any biological assessment under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) that may be required for planning and constructing
the System.
(d) Effect.--Nothing in this Act---
(1) affects or preempts--
(A) State water law; or
(B) an interstate compact relating to the
allocation of water; or
(2) confers on any non-Federal entity the ability to
exercise any Federal rights to--
(A) the water of a stream; or
(B) any groundwater resource.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--In accordance with the adjustment carried out
under subsection (b), there is authorized to be appropriated to the
Secretary to carry out this Act an amount not greater than
$327,000,000.
(b) Adjustment.--The amount made available under subsection (a)
shall be adjusted to reflect changes in construction costs occurring
after January 1, 2007, as indicated by engineering cost indices
applicable to the types of construction necessary to carry out this
Act.
(c) Nonreimbursable Amounts.--Amounts made available to the
Authority in accordance with the cost-sharing requirement under section
3(b) shall be nonreimbursable and nonreturnable to the United States.
(d) Availability of Funds.--At the end of each fiscal year, any
unexpended funds appropriated pursuant to this Act shall be retained
for use in future fiscal years consistent with this Act.
Passed the House of Representatives June 19, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Eastern New Mexico Rural Water System Authorization Act - Authorizes the Secretary of the Interior to provide financial and technical assistance to the Eastern New Mexico Rural Water Authority to assist in planning, designing, conducting preconstruction activities for, and constructing the Eastern New Mexico Rural Water System.
Limits the federal share of the cost of any activity to 75%. Provides that the total cost of the System shall include any costs incurred by the Authority or the state of New Mexico on or after October 1, 2003, for System development.
Makes the Authority responsible for annual operation, maintenance, and replacement costs. Directs the Authority to develop an operation, maintenance, and replacement plan that establishes rates and fees necessary to ensure that the System is properly maintained and capable of delivering approximately 16,500 acre-feet of water per year. Prohibits the use of funds under this Act until such plan is developed and the Secretary and the Authority have complied with applicable requirements of the National Environmental Policy Act of 1969.
Directs the Secretary to: (1) enter into a cooperative agreement with the Authority to provide financial and any other assistance requested by the Authority for planning, design, related preconstruction activities, and construction of the System; and (2) consult with the New Mexico Interstate Stream Commission and the Authority in preparing any required biological assessment under the Endangered Species Act of 1973. Authorizes the Secretary, at the Authority's request, to provide technical assistance.
Authorizes appropriations. | {"src": "billsum_train", "title": "To authorize the Secretary of the Interior to provide financial assistance to the Eastern New Mexico Rural Water Authority for the planning, design, and construction of the Eastern New Mexico Rural Water System, and for other purposes."} | 1,596 | 312 | 0.642402 | 1.916418 | 0.924645 | 5.089286 | 4.975 | 0.953571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Expand and Rebuild America's Schools
Act of 1998''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Many States and school districts will need to build new
schools to accommodate increasing student enrollments; the
Department of Education has predicted that the Nation will need
6,000 more schools by the year 2006.
(2) In response to reduced class mandates enforced by State
governments and increased enrollment, many school districts
have been forced to utilize temporary classrooms and other
structures to accommodate increased school populations, along
with resorting to year-round schedules for students.
(3) Research has proven a direct correlation between the
condition of school facilities and student achievement.
Recently, researchers found that the test scores of students
assigned to schools in poor condition can be expected to fall
10.9 percentage points behind the test scores of students in
buildings in excellent condition. Similar studies have
demonstrated up to a 20 percent improvement in test scores when
students were moved from a school with poor facilities to a new
facility.
(4) While school construction and maintenance are primarily
a State and local concern, States and communities have not, on
their own, met the increasing burden of providing acceptable
school facilities, and the poorest communities have had the
greatest difficulty meeting this need.
(5) Many local educational agencies have difficulties
securing financing for school facility construction and
renovation, especially in States that require a \2/3\ majority
of voter approval for the passage of local bond initiatives.
(6) The Federal Government, by providing interest subsidies
and similar types of support, can lower the costs of State and
local school infrastructure investment, creating an incentive
for businesses to support local school infrastructure
improvement efforts.
(7) The United States competitive position within the world
economy is vulnerable if America's future workforce continues
to be educated in schools not equipped for the 21st century.
America must do everything in its power to properly educate its
people to compete in the global marketplace.
SEC. 3. PURPOSE.
The purpose of this Act is to help local educational agencies bring
all public school facilities up to an acceptable standard and build the
additional classrooms needed to educate the growing number of students
who will enroll in the next decade.
SEC. 4. CREDIT TO HOLDERS OF SCHOOL CONSTRUCTION BONDS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following new section:
``SEC. 45D. CREDIT TO HOLDERS OF SCHOOL CONSTRUCTION BONDS.
``(a) Allowance of Credit.--In the case of a taxpayer who holds a
school construction bond on the credit allowance date of such bond
which occurs during the taxable year, there shall be allowed as a
credit against the tax imposed by this chapter for such taxable year
the amount determined under subsection (b).
``(b) Amount of Credit.--The amount of the credit determined under
this subsection with respect to any school construction bond is the
amount equal to the product of--
``(1) the credit rate determined by the Secretary under
section 1397E(b)(2) for the month in which such bond was
issued, multiplied by
``(2) the face amount of the bond held by the taxpayer on
the credit allowance date.
``(c) Limitation Based on Amount of Tax.--The credit allowed under
subsection (a) for any taxable year shall not exceed the excess of--
``(1) the sum of the regular tax liability (as defined in
section 26(b)) plus the tax imposed by section 55, over
``(2) the sum of the credits allowable under this part
(other than under this section and subpart C thereof, relating
to refundable credits) and section 1397E.
``(d) School Construction Bond.--For purposes of this section--
``(1) In general.--The term `school construction bond'
means any bond issued as part of an issue if--
``(A) 95 percent or more of the proceeds of such
issue are to be used for a qualified purpose with
respect to a qualified school established by an
eligible local education agency,
``(B) the bond is issued by a State or local
government within the jurisdiction of which such school
is located,
``(C) the issuer--
``(i) designates such bond for purposes of
this section, and
``(ii) certifies that it has the written
approval of the eligible local education agency
for such bond issuance, and
``(D) the term of each bond which is part of such
issue does not exceed the maximum term permitted under
section 1397E(d)(3).
``(3) Qualified school.--
``(A) In general.--The term `qualified school'
means any public school which is established by and
operated under the supervision of an eligible local
education agency to provide education or training below
the postsecondary level if--
``(i) such public school is designed to
enhance the academic curriculum, increase
graduation and employment rates, and better
prepare students for postsecondary education
and the workforce,
``(ii) students in such public school will
be subject to the academic achievement
standards and assessments established by the
State,
``(iii) a program to alleviate overcrowding
and to improve students' education has been
constructed,
``(iv) the average student-teacher ratio
for the school district in which such school is
located as of the date of the issuance of the
bonds is at least 28 to 1, and
``(v) at least 1 of the following
requirements is met:
``(I) The proceeds from the
issuance of the bonds will be used for
new school construction, the
rehabilitation of school facilities
which are more than 30 years old as of
the date of such issuance, or the
provision of advanced or improved
communications infrastructure.
``(II) There is a reasonable
expectation (as of the date of issuance
of the bonds) that the student growth
rate over the next 5 years for the
school district in which such public
school is to be located will be at
least 10 percent.
``(III) Construction or
rehabilitation activities are needed as
the result of natural disasters or to
mitigate the cost of potential
disasters.
``(B) Eligible local education agency.--The term
`eligible local education agency' means any local
educational agency as defined in section 14101 of the
Elementary and Secondary Education Act of 1965.
``(4) Qualified purpose.--
``(A) In general.--The term `qualified purpose'
means, with respect to any qualified school,
constructing or rehabilitating a school facility.
``(B) School facility.--The term `school facility'
means a public structure suitable for use as a
classroom, laboratory, library, media center, or
related facility whose primary purpose is the
instruction of public elementary or secondary students.
Such term does not include an athletic stadium, or any
other structure or facility intended primarily for
athletic exhibitions, contests, games, or events for
which admission is charged to the general public.
``(e) Limitation on Amount of Bonds Designated.--
``(1) National limitation.--There is a national school
construction bond limitation for each calendar year. Such
limitation is $1,400,000,000 for 1999 and 2000, and, except for
carryovers as provided under the rules applicable under
paragraph (2), zero thereafter.
``(2) Allocation of limitation.--
``(A) State allocation.--The national school
construction bond limitation for a calendar year shall
be allocated by the Secretary among the States on the
combined basis of the following factors:
``(i) The respective populations of
individuals below the poverty line (as defined
by the Office of Management and Budget).
``(ii) The respective projected growth
rates in the number of students over the next 5
years and 10 years (as determined by the
Secretary of Education).
``(B) School allocation.--The limitation amount
allocated to a State under the subparagraph (A) shall
be allocated by the Secretary of Education to qualified
schools within such State.
``(3) Designation subject to limitation amount.--The
maximum aggregate face amount of bonds issued during any
calendar year which may be designated under subsection (d)(1)
with respect to any qualified school shall not exceed the
limitation amount allocated to such school under paragraph
(2)(B) for such calendar year.
``(4) Carryover of unused limitation.--If for any calendar
year--
``(A) the limitation amount for any State, exceeds
``(B) the amount of bonds issued during such year
which are designated under subsection (d)(1) with
respect to qualified schools within such State,
the limitation amount for such State for the following calendar
year shall be increased by the amount of such excess.
``(f) Other Definitions.--The definitions in subsections (d)(6) and
(f) of section 1397E shall apply for purposes of this section.
``(g) Credit Included in Gross Income.--Gross income includes the
amount of the credit allowed to the taxpayer under this section.''
(b) Conforming Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45D. Credit to holders of school
construction bonds.''
(c) Effective Date.--The amendments made by this section shall
apply to obligations issued after December 31, 1998. | Expand and Rebuild America's Schools Act of 1998 - Amends the Internal Revenue Code to allow a limited credit to taxpayers holding school construction bonds. Defines such bonds. Sets a national school construction bond limit. | {"src": "billsum_train", "title": "Expand and Rebuild America's Schools Act of 1998"} | 2,091 | 51 | 0.428936 | 1.055139 | 0.57331 | 2.512195 | 49.146341 | 0.756098 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Americans Giving Care to Elders
(AGE) Act of 2018''.
SEC. 2. CREDIT FOR ELDERCARE EXPENSES.
(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. EXPENSES FOR ELDERCARE.
``(a) Allowance of Credit.--
``(1) In general.--In the case of an individual for which
there are 1 or more qualifying individuals with respect to such
individual, there shall be allowed as a credit against the tax
imposed by this chapter for the taxable year an amount equal to
the applicable percentage of the eldercare expenses paid by
such individual during the taxable year.
``(2) Applicable percentage.--For purposes of paragraph
(1), the term `applicable percentage' means 20 percent, reduced
(but not below zero) by 1 percentage point for each $4,000 (or
fraction thereof) by which the taxpayer's adjusted gross income
for the taxable year exceeds $120,000.
``(b) Definitions.--For purposes of this section--
``(1) Qualifying individual.--The term `qualifying
individual' means an individual--
``(A) who has attained age 65,
``(B) who requires assistance with activities of
daily living, and
``(C) who is, with respect to the taxpayer or the
taxpayer's spouse--
``(i) the father or mother or an ancestor
of such father or mother,
``(ii) the father-in-law or mother-in-law
or an ancestor of such father-in-law or mother-
in-law,
``(iii) the stepfather or stepmother or an
ancestor of such stepfather or stepmother, or
``(iv) any other person who, for the
taxable year, has the same principal place of
abode as the taxpayer and is a member of the
household of the taxpayer.
``(2) Eldercare expenses.--
``(A) In general.--The term `eldercare expenses'
means the following amounts paid for expenses relating
to the care of a qualifying individual:
``(i) Medical care (as defined in section
213(d)(1), without regard to subparagraph D
thereof).
``(ii) Lodging away from home in accordance
with section 213(d)(2).
``(iii) Adult day care.
``(iv) Custodial care.
``(v) Respite care.
``(vi) Assistive technologies and devices
(including remote health monitoring).
``(vii) Environmental modifications
(including home modifications).
``(viii) Counseling or training for a
caregiver.
``(B) Definitions.--For purposes of subparagraph
(A)--
``(i) Adult day care.--The term `adult day
care' means care provided for adults with
functional or cognitive impairments through a
structured, community-based group program which
provides health, social, and other related
support services on a less than 24-hour basis.
``(ii) Custodial care.--The term `custodial
care' means reasonable personal care services
provided to assist with daily living which do
not require the skills of qualified technical
or professional personnel.
``(iii) Respite care.--The term `respite
care' means planned or emergency care intended
to provide temporary relief to a caregiver.
``(C) Care centers.--
``(i) In general.--Eldercare expenses
described in subparagraph (A) which are
incurred for services provided outside the
taxpayer's household by a care center shall be
taken into account only if such center complies
with all applicable laws and regulations of a
State or unit of local government.
``(ii) Care center.--For purposes of this
subparagraph, the term `care center' means any
facility which--
``(I) provides care for more than 6
individuals, and
``(II) receives a fee, payment, or
grant for providing services for any of
the individuals (regardless of whether
such facility is operated for profit).
``(c) Dollar Limitation.--
``(1) In general.--The amount of the eldercare expenses
incurred during any taxable year which may be taken into
account under subsection (a) shall not exceed $6,000.
``(2) Coordination with dependent care assistance
exclusion.--The dollar amount in paragraph (1) shall be reduced
by the aggregate amount excluded from gross income under
section 129 for the taxable year, if any.
``(d) Special Rules.--For purposes of this section--
``(1) Payments to related individuals.--No credit shall be
allowed under subsection (a) for any amount paid to an
individual with respect to whom, for the taxable year, a
deduction under section 151(c) is allowable either to the
taxpayer or the taxpayer's spouse. For purposes of this
paragraph, the term `taxable year' means the taxable year of
the taxpayer in which the service is performed.
``(2) Identifying information required with respect to
service provider.--No credit shall be allowed under subsection
(a) for any amount paid to any person unless--
``(A) the name, address, and taxpayer
identification number of such person are included on
the return claiming the credit, or
``(B) if such person is an organization described
in section 501(c)(3) and exempt from tax under section
501(a), the name and address of such person are
included on the return claiming the credit.
In the case of a failure to provide the information required
under the preceding sentence, the preceding sentence shall not
apply if it is shown that the taxpayer exercised due diligence
in attempting to provide the information so required.
``(3) Identifying information required with respect to
qualifying individuals.--No credit shall be allowed under
subsection (a) with respect to any qualifying individual unless
the taxpayer identification number of such individual is
included on the return claiming the credit.
``(e) Denial of Double Benefit.--No credit shall be allowed under
subsection (a) for any amount with respect to which a credit is allowed
under section 21.
``(f) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out the purposes of this section.''.
(b) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 25D the
following new item:
``Sec. 25E. Expenses for eldercare.''.
(c) Conforming Amendments.--
(1) Section 213(e) of the Internal Revenue Code of 1986 is
amended--
(A) by inserting ``or section 25E'' after ``section
21'', and
(B) by inserting ``and Elders'' after ``Certain
Dependents'' in the heading.
(2) Section 6213(g)(2) of such Code is amended--
(A) by inserting ``, section 25E (relating to
expenses for care of elders),'' after ``(relating to
expenses for household and dependent care services
necessary for gainful employment)'' in subparagraph
(H), and
(B) by inserting ``, 25E'' after ``24'' in
subparagraph (L).
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Americans Giving Care to Elders (AGE) Act of 2018 This bill amends the Internal Revenue Code to allow a tax credit for a portion of a taxpayer's expenses for eldercare. The credit applies to expenses to care for certain relatives or members of the taxpayer's household who have attained the age of 65 and require assistance with activities of daily living. Eldercare expense include amounts paid for: medical care, lodging away from home, adult day care, custodial care, respite care, assistive technologies and devices (including remote health monitoring), environmental modifications (including home modifications), and counseling or training for a caregiver. The amount of eldercare expenses incurred during any year that may be taken into account for the credit may not exceed $6,000. | {"src": "billsum_train", "title": "Americans Giving Care to Elders (AGE) Act of 2018"} | 1,763 | 160 | 0.551829 | 1.323882 | 0.697652 | 2.603896 | 10.181818 | 0.863636 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Abuse Reform and Enforcement
Act of 1999'' or ``CARE Act of 1999''.
TITLE I--WITHHOLDING AND REDISTRIBUTION OF CERTAIN STATE CHILD
PROTECTION FUNDS
SEC. 101. WITHHOLDING AND REDISTRIBUTION OF STATE FUNDS.
(a) Child Abuse Prevention and Treatment Act.--Beginning 1 year
after the date of the enactment of this Act, the Secretary of Health
and Human Services shall reduce, by 25 percent, the allocation to a
State for a fiscal year under title I of the Child Abuse Prevention and
Treatment Act of 1974 that does not meet each of the requirements of
title II of this Act.
(b) National Child Protection Act of 1993.--Beginning 1 year after
the date of the enactment of this Act, the Attorney General shall
reduce, by 25 percent, amounts under a grant under section 4(b) of the
National Child Protection Act of 1993 to a State for a fiscal year that
does not meet each of the requirements of title II of this Act.
(c) Redistribution of Funds.--The Attorney General shall, using
funds withheld under this section and amounts appropriated under
section 102, provide grants to States that meet the requirements of
title II of this Act. A grant made under this subsection shall be
used--
(1) for the computerization of data and criminal history
files for purposes of title II of this Act;
(2) for the improvement of existing data and computerized
criminal history files for purposes of title II of this Act;
and
(3) to assist the State in the transmittal of data and
criminal records to, or the indexing of data and criminal
history record in, the national data and criminal history
systems for purposes of title II of this Act.
SEC. 102. AUTHORIZATION OF APPROPRIATIONS FOR ADDITIONAL FUNDING GRANTS
FOR THE IMPROVEMENT OF CHILD ABUSE CRIME INFORMATION.
There are authorized to be appropriated for additional grants under
section 101(c) $50,000,000 for each of the fiscal years 2000 through
2003.
TITLE II--CHILD SEXUAL ABUSE PROTECTION AND SENTENCING REFORM
SEC. 201. REQUIREMENT TO EQUALIZE SENTENCING REQUIREMENTS FOR
INTRAFAMILIAL AND EXTRAFAMILIAL CHILD SEXUAL ABUSE.
(a) State Study of Laws Regarding Intrafamilial and Extrafamilial
Child Sexual Abuse.--A State meets the requirements of this subsection
if, not later than 1 year after the date of enactment of this Act, the
State--
(1) has studied the laws in the State that apply to
intrafamilial and extrafamilial sexual abuse of children; and
(2) has examined, at a minimum--
(A) issues concerning differences in laws
applicable to intrafamilial and extrafamilial child
sexual abuse;
(B) issues concerning disparities in charging and
sentencing perpetrators of child sexual abuse,
resulting from differences in applicable laws; and
(C) issues concerning legislative actions necessary
to equalize charging and sentencing of perpetrators of
sexual abuse without regard to familial relationship of
perpetrator to child victim.
(b) Report to the Attorney General.--A State meets the requirements
of this subsection if the State submits to the Attorney General a
report that contains the results of the study conducted under
subsection (a).
(c) Legislative Actions To Equalize Sentencing Requirements.--
(1) In general.--Except as provided in paragraph (2), a
State meets the requirements of this subsection if, not later
than 1 year after the date of enactment of this Act, the State
has implemented legislative actions necessary to equalize
charging and sentencing of perpetrators of sexual abuse without
regard to familial relationship of perpetrator to child victim.
(2) Exception.--The Attorney General may provide for an
extension of the 1-year time requirement in paragraph (1) for
any State if the Attorney General determines that State
legislation (other than legislation appropriating funds) is
required to meet the additional requirements imposed by this
Act.
SEC. 202. REQUIREMENT TO GATHER INFORMATION ON SEXUAL ABUSE OF
CHILDREN.
A State meets the requirements of this section if the State--
(1) compiles and analyzes data relating to intrafamilial
and extrafamilial sexual abuse of children;
(2) promotes regulations requiring the gathering of such
data by State courts and State agencies for compilation and
analysis purposes;
(3) provides, on an annual basis, to the Attorney General,
the Secretary of Health and Human Services, and the Bureau of
Justice Statistics a report containing the data referred to in
paragraph (1) and a description of the regulations referred to
in paragraph (2). | Authorizes appropriations.
Title II: Child Sexual Abuse Protection And Sentencing Reform
- Includes the following criteria as prerequisites for eligibility for funding under this Act: (1) State study of its laws pertaining to intrafamilial and extrafamilial sexual abuse of children; (2) State examination of disparities in charging and sentencing perpetrators of child sexual abuse; (3) State examination and implementation of legislative actions necessary to equalize charging and sentencing without regard to familial relationship of such perpetrators to the child victim; (4) State compilation and analysis of relevant data; and (5) State promotion of regulations requiring State courts and agencies to compile such data. | {"src": "billsum_train", "title": "CARE Act"} | 1,101 | 145 | 0.612235 | 1.687632 | 0.40502 | 2.666667 | 7.447154 | 0.845528 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``No Taxpayer
Funding for Abortion and Abortion Insurance Full Disclosure Act of
2017''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--PROHIBITING FEDERALLY FUNDED ABORTIONS
Sec. 101. Prohibiting taxpayer funded abortions.
Sec. 102. Amendment to table of chapters.
TITLE II--APPLICATION UNDER THE AFFORDABLE CARE ACT
Sec. 201. Clarifying application of prohibition to premium credits and
cost-sharing reductions under ACA.
Sec. 202. Revision of notice requirements regarding disclosure of
extent of health plan coverage of abortion
and abortion premium surcharges.
TITLE I--PROHIBITING FEDERALLY FUNDED ABORTIONS
SEC. 101. PROHIBITING TAXPAYER FUNDED ABORTIONS.
Title 1, United States Code is amended by adding at the end the
following new chapter:
``CHAPTER 4--PROHIBITING TAXPAYER FUNDED ABORTIONS
``301. Prohibition on funding for abortions.
``302. Prohibition on funding for health benefits plans that cover
abortion.
``303. Limitation on Federal facilities and employees.
``304. Construction relating to separate coverage.
``305. Construction relating to the use of non-Federal funds for health
coverage.
``306. Non-preemption of other Federal laws.
``307. Construction relating to complications arising from abortion.
``308. Treatment of abortions related to rape, incest, or preserving
the life of the mother.
``309. Application to District of Columbia.
``Sec. 301. Prohibition on funding for abortions
``No funds authorized or appropriated by Federal law, and none of
the funds in any trust fund to which funds are authorized or
appropriated by Federal law, shall be expended for any abortion.
``Sec. 302. Prohibition on funding for health benefits plans that cover
abortion
``None of the funds authorized or appropriated by Federal law, and
none of the funds in any trust fund to which funds are authorized or
appropriated by Federal law, shall be expended for health benefits
coverage that includes coverage of abortion.
``Sec. 303. Limitation on Federal facilities and employees
``No health care service furnished--
``(1) by or in a health care facility owned or operated by
the Federal Government; or
``(2) by any physician or other individual employed by the
Federal Government to provide health care services within the
scope of the physician's or individual's employment,
may include abortion.
``Sec. 304. Construction relating to separate coverage
``Nothing in this chapter shall be construed as prohibiting any
individual, entity, or State or locality from purchasing separate
abortion coverage or health benefits coverage that includes abortion so
long as such coverage is paid for entirely using only funds not
authorized or appropriated by Federal law and such coverage shall not
be purchased using matching funds required for a federally subsidized
program, including a State's or locality's contribution of Medicaid
matching funds.
``Sec. 305. Construction relating to the use of non-Federal funds for
health coverage
``Nothing in this chapter shall be construed as restricting the
ability of any non-Federal health benefits coverage provider from
offering abortion coverage, or the ability of a State or locality to
contract separately with such a provider for such coverage, so long as
only funds not authorized or appropriated by Federal law are used and
such coverage shall not be purchased using matching funds required for
a federally subsidized program, including a State's or locality's
contribution of Medicaid matching funds.
``Sec. 306. Non-preemption of other Federal laws
``Nothing in this chapter shall repeal, amend, or have any effect
on any other Federal law to the extent such law imposes any limitation
on the use of funds for abortion or for health benefits coverage that
includes coverage of abortion, beyond the limitations set forth in this
chapter.
``Sec. 307. Construction relating to complications arising from
abortion
``Nothing in this chapter shall be construed to apply to the
treatment of any infection, injury, disease, or disorder that has been
caused by or exacerbated by the performance of an abortion. This rule
of construction shall be applicable without regard to whether the
abortion was performed in accord with Federal or State law, and without
regard to whether funding for the abortion is permissible under section
308.
``Sec. 308. Treatment of abortions related to rape, incest, or
preserving the life of the mother
``The limitations established in sections 301, 302, and 303 shall
not apply to an abortion--
``(1) if the pregnancy is the result of an act of rape or
incest; or
``(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness that would, as
certified by a physician, place the woman in danger of death
unless an abortion is performed, including a life-endangering
physical condition caused by or arising from the pregnancy
itself.
``Sec. 309. Application to District of Columbia
``In this chapter:
``(1) Any reference to funds appropriated by Federal law
shall be treated as including any amounts within the budget of
the District of Columbia that have been approved by Act of
Congress pursuant to section 446 of the District of Columbia
Home Rule Act (or any applicable successor Federal law).
``(2) The term `Federal Government' includes the government
of the District of Columbia.''.
SEC. 102. AMENDMENT TO TABLE OF CHAPTERS.
The table of chapters for title 1, United States Code, is amended
by adding at the end the following new item:
``4. Prohibiting taxpayer funded abortions.................. 301''.
TITLE II--APPLICATION UNDER THE AFFORDABLE CARE ACT
SEC. 201. CLARIFYING APPLICATION OF PROHIBITION TO PREMIUM CREDITS AND
COST-SHARING REDUCTIONS UNDER ACA.
(a) In General.--
(1) Disallowance of refundable credit and cost-sharing
reductions for coverage under qualified health plan which
provides coverage for abortion.--
(A) In general.--Subparagraph (A) of section
36B(c)(3) of the Internal Revenue Code of 1986 is
amended by inserting before the period at the end the
following: ``or any health plan that includes coverage
for abortions (other than any abortion or treatment
described in section 307 or 308 of title 1, United
States Code)''.
(B) Option to purchase or offer separate coverage
or plan.--Paragraph (3) of section 36B(c) of such Code
is amended by adding at the end the following new
subparagraph:
``(C) Separate abortion coverage or plan allowed.--
``(i) Option to purchase separate coverage
or plan.--Nothing in subparagraph (A) shall be
construed as prohibiting any individual from
purchasing separate coverage for abortions
described in such subparagraph, or a health
plan that includes such abortions, so long as
no credit is allowed under this section with
respect to the premiums for such coverage or
plan.
``(ii) Option to offer coverage or plan.--
Nothing in subparagraph (A) shall restrict any
non-Federal health insurance issuer offering a
health plan from offering separate coverage for
abortions described in such subparagraph, or a
plan that includes such abortions, so long as
premiums for such separate coverage or plan are
not paid for with any amount attributable to
the credit allowed under this section (or the
amount of any advance payment of the credit
under section 1412 of the Patient Protection
and Affordable Care Act).''.
(2) Disallowance of small employer health insurance expense
credit for plan which includes coverage for abortion.--
Subsection (h) of section 45R of the Internal Revenue Code of
1986 is amended--
(A) by striking ``Any term'' and inserting the
following:
``(1) In general.--Any term''; and
(B) by adding at the end the following new
paragraph:
``(2) Exclusion of health plans including coverage for
abortion.--
``(A) In general.--The term `qualified health plan'
does not include any health plan that includes coverage
for abortions (other than any abortion or treatment
described in section 307 or 308 of title 1, United
States Code).
``(B) Separate abortion coverage or plan allowed.--
``(i) Option to purchase separate coverage
or plan.--Nothing in subparagraph (A) shall be
construed as prohibiting any employer from
purchasing for its employees separate coverage
for abortions described in such subparagraph,
or a health plan that includes such abortions,
so long as no credit is allowed under this
section with respect to the employer
contributions for such coverage or plan.
``(ii) Option to offer coverage or plan.--
Nothing in subparagraph (A) shall restrict any
non-Federal health insurance issuer offering a
health plan from offering separate coverage for
abortions described in such subparagraph, or a
plan that includes such abortions, so long as
such separate coverage or plan is not paid for
with any employer contribution eligible for the
credit allowed under this section.''.
(3) Conforming aca amendments.--Section 1303(b) of Public
Law 111-148 (42 U.S.C. 18023(b)) is amended--
(A) by striking paragraph (2);
(B) by striking paragraph (3), as amended by
section 202(a); and
(C) by redesignating paragraph (4) as paragraph
(2).
(b) Application to Multi-State Plans.--Paragraph (6) of section
1334(a) of Public Law 111-148 (42 U.S.C. 18054(a)) is amended to read
as follows:
``(6) Coverage consistent with federal abortion policy.--In
entering into contracts under this subsection, the Director
shall ensure that no multi-State qualified health plan offered
in an Exchange provides health benefits coverage for which the
expenditure of Federal funds is prohibited under chapter 4 of
title 1, United States Code.''.
(c) Effective Date.--The amendments made by subsection (a) shall
apply to taxable years ending after December 31, 2017, but only with
respect to plan years beginning after such date, and the amendment made
by subsection (b) shall apply to plan years beginning after such date.
SEC. 202. REVISION OF NOTICE REQUIREMENTS REGARDING DISCLOSURE OF
EXTENT OF HEALTH PLAN COVERAGE OF ABORTION AND ABORTION
PREMIUM SURCHARGES.
(a) In General.--Paragraph (3) of section 1303(b) of Public Law
111-148 (42 U.S.C. 18023(b)) is amended to read as follows:
``(3) Rules relating to notice.--
``(A) In general.--The extent of coverage (if any)
of services described in paragraph (1)(B)(i) or
(1)(B)(ii) by a qualified health plan shall be
disclosed to enrollees at the time of enrollment in the
plan and shall be prominently displayed in any
marketing or advertising materials, comparison tools,
or summary of benefits and coverage explanation made
available with respect to such plan by the issuer of
the plan, by an Exchange, or by the Secretary,
including information made available through an
Internet portal or Exchange under sections 1311(c)(5)
and 1311(d)(4)(C).
``(B) Separate disclosure of abortion surcharges.--
In the case of a qualified health plan that includes
the services described in paragraph (1)(B)(i) and where
the premium for the plan is disclosed, including in any
marketing or advertising materials or any other
information referred to in subparagraph (A), the
surcharge described in paragraph (2)(B)(i)(II) that is
attributable to such services shall also be disclosed
and identified separately.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to materials, tools, or other information made available more
than 30 days after the date of the enactment of this Act. | No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2017 This bill makes permanent the prohibition on the use of federal funds, including funds in the budget of the District of Columbia, for abortion or health coverage that includes abortion. The prohibitions in this bill, and current prohibitions, do not apply to abortions in cases of rape or incest, or where a physical condition endangers a woman's life unless an abortion is performed. Abortions may not be provided in a federal health care facility or by a federal employee. This bill amends the Internal Revenue Code and the Patient Protection and Affordable Care Act to prohibit qualified health plans from including coverage for abortions. (Qualified health plans are sold on health insurance exchanges, are the only plans eligible for premium subsidies and small employer health insurance tax credits, and fulfill an individual's requirement to maintain minimum essential coverage.) Currently, qualified health plans may cover abortion, but the portion of the premium attributable to abortion coverage is not eligible for subsidies. | {"src": "billsum_train", "title": "No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2017"} | 2,814 | 226 | 0.5979 | 1.501734 | 0.799093 | 2.286458 | 12.880208 | 0.859375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Our Students and
Taxpayers Act of 2015'' or ``POST Act of 2015''.
SEC. 2. 85/15 RULE.
(a) In General.--Section 102(b) of the Higher Education Act of 1965
(20 U.S.C. 1002(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (D), by striking ``and'' after
the semicolon;
(B) in subparagraph (E), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(F) meets the requirements of paragraph (2).'';
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following:
``(2) Revenue sources.--
``(A) In general.--In order to qualify as a
proprietary institution of higher education under this
subsection, an institution shall derive not less than
15 percent of the institution's revenues from sources
other than Federal funds, as calculated in accordance
with subparagraphs (B) and (C).
``(B) Federal funds.--In this paragraph, the term
`Federal funds' means any Federal financial assistance
provided, under this Act or any other Federal law,
through a grant, contract, subsidy, loan, guarantee,
insurance, or other means to a proprietary institution,
including Federal financial assistance that is
disbursed or delivered to an institution or on behalf
of a student or to a student to be used to attend the
institution, except that such term shall not include
any monthly housing stipend provided under the Post-9/
11 Veterans Educational Assistance Program under
chapter 33 of title 38, United States Code.
``(C) Implementation of non-federal revenue
requirement.--In making calculations under subparagraph
(A), an institution of higher education shall--
``(i) use the cash basis of accounting;
``(ii) consider as revenue only those funds
generated by the institution from--
``(I) tuition, fees, and other
institutional charges for students
enrolled in programs eligible for
assistance under title IV;
``(II) activities conducted by the
institution that are necessary for the
education and training of the
institution's students, if such
activities are--
``(aa) conducted on campus
or at a facility under the
control of the institution;
``(bb) performed under the
supervision of a member of the
institution's faculty; and
``(cc) required to be
performed by all students in a
specific educational program at
the institution; and
``(III) a contractual arrangement
with a Federal agency for the purpose
of providing job training to low-income
individuals who are in need of such
training;
``(iii) presume that any Federal funds that
are disbursed or delivered to an institution on
behalf of a student or directly to a student
will be used to pay the student's tuition,
fees, or other institutional charges,
regardless of whether the institution credits
such funds to the student's account or pays
such funds directly to the student, except to
the extent that the student's tuition, fees, or
other institutional charges are satisfied by--
``(I) grant funds provided by an
outside source that--
``(aa) has no affiliation
with the institution; and
``(bb) shares no employees
with the institution; and
``(II) institutional scholarships
described in clause (v);
``(iv) include no loans made by an
institution of higher education as revenue to
the school, except for payments made by
students on such loans;
``(v) include a scholarship provided by the
institution--
``(I) only if the scholarship is in
the form of monetary aid based upon the
academic achievements or financial need
of students, disbursed to qualified
student recipients during each fiscal
year from an established restricted
account; and
``(II) only to the extent that
funds in that account represent
designated funds, or income earned on
such funds, from an outside source
that--
``(aa) has no affiliation
with the institution; and
``(bb) shares no employees
with the institution; and
``(vi) exclude from revenues--
``(I) the amount of funds the
institution received under part C of
title IV, unless the institution used
those funds to pay a student's
institutional charges;
``(II) the amount of funds the
institution received under subpart 4 of
part A of title IV;
``(III) the amount of funds
provided by the institution as matching
funds for any Federal program;
``(IV) the amount of Federal funds
provided to the institution to pay
institutional charges for a student
that were refunded or returned; and
``(V) the amount charged for books,
supplies, and equipment, unless the
institution includes that amount as
tuition, fees, or other institutional
charges.
``(D) Report to congress.--Not later than July 1,
2016, and by July 1 of each succeeding year, the
Secretary shall submit to the authorizing committees a
report that contains, for each proprietary institution
of higher education that receives assistance under
title IV and as provided in the audited financial
statements submitted to the Secretary by each
institution pursuant to the requirements of section
487(c)--
``(i) the amount and percentage of such
institution's revenues received from Federal
funds; and
``(ii) the amount and percentage of such
institution's revenues received from other
sources.''.
(b) Repeal of Existing Requirements.--Section 487 of the Higher
Education Act of 1965 (20 U.S.C. 1094) is amended--
(1) in subsection (a)--
(A) by striking paragraph (24);
(B) by redesignating paragraphs (25) through (29)
as paragraphs (24) through (28), respectively;
(C) in paragraph (24)(A)(ii) (as redesignated by
subparagraph (B)), by striking ``subsection (e)'' and
inserting ``subsection (d)''; and
(D) in paragraph (26) (as redesignated by
subparagraph (B)), by striking ``subsection (h)'' and
inserting ``subsection (g)'';
(2) by striking subsection (d);
(3) by redesignating subsections (e) through (j) as
subsections (d) through (i), respectively;
(4) in subsection (f)(1) (as redesignated by paragraph
(3)), by striking ``subsection (e)(2)'' and inserting
``subsection (d)(2)''; and
(5) in subsection (g)(1) (as redesignated by paragraph
(3)), by striking ``subsection (a)(27)'' in the matter
preceding subparagraph (A) and inserting ``subsection
(a)(26)''.
(c) Conforming Amendments.--The Higher Education Act of 1965 (20
U.S.C. 1001 et seq.) is amended--
(1) in section 152 (20 U.S.C. 1019a)--
(A) in subsection (a)(1)(A), by striking
``subsections (a)(27) and (h) of section 487'' and
inserting ``subsections (a)(26) and (g) of section
487''; and
(B) in subsection (b)(1)(B)(i)(I), by striking
``section 487(e)'' and inserting ``section 487(d)'';
(2) in section 153(c)(3) (20 U.S.C. 1019b(c)(3)), by
striking ``section 487(a)(25)'' each place the term appears and
inserting ``section 487(a)(24)'';
(3) in section 496(c)(3)(A) (20 U.S.C. 1099b(c)(3)(A)), by
striking ``section 487(f)'' and inserting ``section 487(e)'';
and
(4) in section 498(k)(1) (20 U.S.C. 1099c(k)(1)), by
striking ``section 487(f)'' and inserting ``section 487(e)''. | Protecting Our Students and Taxpayers Act of 2015 or the POST Act of 2015 This bill amends the Higher Education Act of 1965 (HEA) to modify requirements for a proprietary (i.e., for-profit) institution of higher education (IHE) to participate in title IV (Student Assistance) federal student aid programs. Current law requires a proprietary IHE to derive at least 10% of its revenue from sources other than title IV federal student aid. This legislation requires a proprietary IHE to derive at least 15% of its revenue from sources other than federal funds (i.e., it replaces the so-called 90/10 rule with an 85/15 rule). It defines federal funds to mean title IV federal student aid, as well as education benefits for military personnel and veterans. Additionally, the bill limits what a proprietary institution may treat as revenue to the school in calculating whether it derives at least 15% of its revenue from sources other than federal funds. Finally, the bill moves the 85/15 rule from title IV to title I (General Provisions) of the HEA, making compliance a condition of institutional eligibility to participate in title IV federal student aid programs (i.e., failure to comply results in immediate loss of institutional eligibility). Currently, a proprietary IHE must violate the rule for two consecutive years before losing eligibility for title IV programs. | {"src": "billsum_train", "title": "POST Act of 2015"} | 1,872 | 290 | 0.541497 | 1.603035 | 0.882257 | 1.362934 | 6.617761 | 0.706564 |
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