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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Good Samaritan Search and Recovery
Act''.
SEC. 2. EXPEDITED ACCESS TO CERTAIN FEDERAL LANDS.
(a) In General.--The Secretary shall develop and implement a
process to expedite access to Federal lands under the administrative
jurisdiction of the Secretary for eligible organizations and eligible
individuals to request access to Federal lands to conduct good
Samaritan search-and-recovery missions. The process developed and
implemented pursuant to this subsection shall include provisions that
clarify that--
(1) an eligible organization or eligible individual granted
access under this section shall be acting for private purposes
and shall not be considered a Federal volunteer;
(2) an eligible organization or eligible individual
conducting a good Samaritan search-and-recovery mission under
this section shall not be considered a volunteer under section
3 of the Volunteers in the Parks Act of 1969 (16 U.S.C. 18i);
(3) the Federal Torts Claim Act shall not apply to an
eligible organization or eligible individual carrying out a
privately requested good Samaritan search-and-recovery mission
under this section; and
(4) the Federal Employee Compensation Act shall not apply
to an eligible organization or eligible individual conducting
good Samaritan search-and-recovery mission under this section
and such activities shall not constitute civilian employment.
(b) Release of the Federal Government From Liability.--The
Secretary shall not require an eligible organization or an eligible
individual to have liability insurance as a condition of accessing
Federal lands under this section if the eligible organization or
eligible individual--
(1) acknowledges and consents, in writing, to the
provisions listed in paragraphs (1) through (4) of subsection
(a); and
(2) signs a waiver releasing the Federal Government from
all liability related to the access granted under this section.
(c) Approval and Denial of Requests.--
(1) In general.--The Secretary shall notify an eligible
organization and eligible individual of the approval or denial
of a request by that eligible organization and eligible
individual to carry out a good Samaritan search-and-recovery
mission under this section not more than 48 hours after the
request is made.
(2) Denials.--If the Secretary denies a request from an
eligible organization or eligible individual to carry out a
good Samaritan search-and-recovery mission under this section,
the Secretary shall notify the eligible organization or
eligible individual of--
(A) the reason for the denial request; and
(B) any actions that eligible organization or
eligible individual can take to meet the requirements
for the request to be approved.
(d) Partnerships.--The Secretary shall develop search-and-recovery
focused partnerships with search-and-recovery organizations to--
(1) coordinate good Samaritan search-and-recovery missions
on Federal lands under the administrative jurisdiction of the
Secretary; and
(2) expedite and accelerate good Samaritan search-and-
recovery mission efforts for missing individuals on Federal
lands under the administrative jurisdiction of the Secretary.
(e) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit a joint report to
Congress describing--
(1) plans to develop partnerships described in subsection
(d)(1); and
(2) efforts being taken to expedite and accelerate good
Samaritan search-and-recovery mission efforts for missing
individuals on Federal lands under the administrative
jurisdiction of the Secretary pursuant to subsection (d)(2).
(f) Definitions.--For the purposes of this section, the following
definitions apply:
(1) Eligible organization and eligible individual.--The
terms ``eligible organization'' and ``eligible individual''
means an organization or individual, respectively, that--
(A) is acting in a not-for-profit capacity; and
(B) is certificated in training that meets or
exceeds standards established by the American Society
for Testing and Materials.
(2) Good samaritan search-and-recovery mission.--The term
``good Samaritan search-and-recovery mission'' means a search
for one or more missing individuals believed to be deceased at
the time that the search is initiated.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior or the Secretary of Agriculture, as
appropriate.
Passed the House of Representatives January 27, 2014.
Attest:
KAREN L. HAAS,
Clerk. | Good Samaritan Search and Recovery Act - Directs the Secretary of the Interior and the Secretary of Agriculture (USDA) to implement a process to provide eligible organizations and individuals expedited access to federal lands to conduct good Samaritan search-and-recovery missions. Requires such process to include provisions that clarify that: (1) an eligible organization or eligible individual granted access shall be acting for private purposes and shall not be considered a federal volunteer, (2) an eligible organization or eligible individual shall not be considered a volunteer under the Volunteers in the Parks Act of 1969, and (3) neither the Federal Torts Claim Act nor the Federal Employee Compensation Act shall apply to an eligible organization or eligible individual. Bars the Secretaries from requiring an eligible organization or eligible individual to have liability insurance as a condition of accessing federal lands under this Act if it: (1) acknowledges and consents, in writing, to these clarifying provisions; and (2) signs a waiver releasing the federal government from all liability related to the access granted. Sets forth procedures for the approval or denial of requests made by eligible organizations or individuals to carry out a good Samaritan search-and-recovery mission. Requires the Secretaries to develop search-and-recovery focused partnerships with search-and-recovery organizations to: (1) coordinate good Samaritan search-and-recovery missions on such lands, and (2) expedite and accelerate mission efforts for missing individuals on such lands. Requires the Secretaries to submit a joint report to Congress that describes: (1) their plans for developing such partnerships, and (2) the efforts being taken to expedite and accelerate such mission efforts. | {"src": "billsum_train", "title": "Good Samaritan Search and Recovery Act"} | 996 | 369 | 0.805432 | 2.696329 | 0.829142 | 5.28483 | 2.767802 | 0.913313 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Quality Health Care Coalition Act of
2011''.
SEC. 2. APPLICATION OF THE FEDERAL ANTITRUST LAWS TO HEALTH CARE
PROFESSIONALS NEGOTIATING WITH HEALTH PLANS.
(a) In General.--Any health care professionals who are engaged in
negotiations with a health plan regarding the terms of any contract
under which the professionals provide health care items or services for
which benefits are provided under such plan shall, in connection with
such negotiations, be exempt from the Federal antitrust laws.
(b) Limitation.--
(1) No new right for collective cessation of service.--The
exemption provided in subsection (a) shall not confer any new
right to participate in any collective cessation of service to
patients not already permitted by existing law.
(2) No change in national labor relations act.--This
section applies only to health care professionals excluded from
the National Labor Relations Act. Nothing in this section shall
be construed as changing or amending any provision of the
National Labor Relations Act, or as affecting the status of any
group of persons under that Act.
(c) No Application to Federal Programs.--Nothing in this section
shall apply to negotiations between health care professionals and
health plans pertaining to benefits provided under any of the
following:
(1) The Medicare Program under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.).
(2) The Medicaid program under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.).
(3) The SCHIP program under title XXI of the Social
Security Act (42 U.S.C. 1397aa et seq.).
(4) Chapter 55 of title 10, United States Code (relating to
medical and dental care for members of the uniformed services).
(5) Chapter 17 of title 38, United States Code (relating to
Veterans' medical care).
(6) Chapter 89 of title 5, United States Code (relating to
the Federal employees' health benefits program).
(7) The Indian Health Care Improvement Act (25 U.S.C. 1601
et seq.).
SEC. 3. DEFINITIONS.
In this Act, the following definitions shall apply:
(1) Antitrust laws.--The term ``antitrust laws''--
(A) has the meaning given it in subsection (a) of
the first section of the Clayton Act (15 U.S.C. 12(a)),
except that such term includes section 5 of the Federal
Trade Commission Act (15 U.S.C. 45) to the extent such
section applies to unfair methods of competition; and
(B) includes any State law similar to the laws
referred to in subparagraph (A).
(2) Group health plan.--The term ``group health plan''
means an employee welfare benefit plan to the extent that the
plan provides medical care (including items and services paid
for as medical care) to employees or their dependents (as
defined under the terms of the plan) directly or through
insurance, reimbursement, or otherwise.
(3) Group health plan, health insurance issuer.--The terms
``group health plan'' and ``health insurance issuer'' include a
third-party administrator or other person acting for or on
behalf of such plan or issuer.
(4) Health care services.--The term ``health care
services'' means any services for which payment may be made
under a health plan, including services related to the delivery
or administration of such services.
(5) Health care professional.--The term ``health care
professional'' means any individual or entity that provides
health care items or services, treatment, assistance with
activities of daily living, or medications to patients and who,
to the extent required by State or Federal law, possesses
specialized training that confers expertise in the provision of
such items or services, treatment, assistance, or medications.
(6) Health insurance coverage.--The term ``health insurance
coverage'' means benefits consisting of medical care (provided
directly, through insurance or reimbursement, or otherwise and
including items and services paid for as medical care) under
any hospital or medical service policy or certificate, hospital
or medical service plan contract, or health maintenance
organization contract offered by a health insurance issuer.
(7) Health insurance issuer.--The term ``health insurance
issuer'' means an insurance company, insurance service, or
insurance organization (including a health maintenance
organization) that is licensed to engage in the business of
insurance in a State and that is subject to State law
regulating insurance. Such term does not include a group health
plan.
(8) Health maintenance organization.--The term ``health
maintenance organization'' means--
(A) a federally qualified health maintenance
organization (as defined in section 1301(a) of the
Public Health Service Act (42 U.S.C. 300e(a));
(B) an organization recognized under State law as a
health maintenance organization; or
(C) a similar organization regulated under State
law for solvency in the same manner and to the same
extent as such a health maintenance organization.
(9) Health plan.--The term ``health plan'' means a group
health plan or a health insurance issuer that is offering
health insurance coverage.
(10) Medical care.--The term ``medical care'' means amounts
paid for--
(A) the diagnosis, cure, mitigation, treatment, or
prevention of disease, or amounts paid for the purpose
of affecting any structure or function of the body; and
(B) transportation primarily for and essential to
receiving items and services referred to in
subparagraph (A).
(11) Person.--The term ``person'' includes a State or unit
of local government.
(12) State.--The term ``State'' includes the several
States, the District of Columbia, Puerto Rico, the Virgin
Islands of the United States, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
SEC. 4. EFFECTIVE DATE.
This Act shall take effect on on the date of the enactment of this
Act and shall not apply with respect to conduct occurring before such
date. | Quality Health Care Coalition Act of 2011 - Exempts health care professionals, including individuals and entities, from federal and state antitrust laws in connection with negotiations with a health plan regarding contract terms under which the professionals provide health care items or services for which plan benefits are provided.
Declares that this Act: (1) applies only to health care professionals excluded from the National Labor Relations Act; and (2) does not apply to such negotiations relating to Medicare or Medicaid programs, the Children's Health Insurance Program (CHIP, formerly known as SCHIP), medical and dental care for members of the uniformed services, veterans' medical care, the federal employees health benefits program, or the Indian Health Care Improvement Act. | {"src": "billsum_train", "title": "To ensure and foster continued patient safety and quality of care by clarifying the application of the antitrust laws to negotiations between groups of health care professionals and health plans and health care insurance issuers."} | 1,366 | 148 | 0.65385 | 1.9975 | 0.8226 | 4.144928 | 9.050725 | 0.927536 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Veterans Affairs
Budget Planning Reform Act of 2013''.
SEC. 2. ESTABLISHMENT OF STRATEGIC PLANS TO IMPROVE PROGRAMS AND
BENEFITS FOR VETERANS.
(a) Future-Years Veterans Program.--
(1) In general.--Chapter 1 of title 38, United States Code,
is amended by adding at the end the following new section:
``Sec. 119. Future-Years Veterans Program
``(a) Submission to Congress.--The Secretary shall submit to
Congress each year, at or about the time that the President's budget is
submitted to Congress pursuant to section 1105(a) of title 31, a
Future-Years Veterans Program reflecting the estimated expenditures and
proposed appropriations included in that budget. Any such Future-Years
Veterans Program shall cover the fiscal year with respect to which the
budget is submitted and at least the four succeeding fiscal years.
``(b) Consistency.--(1) The Secretary shall ensure that amounts
described in subparagraph (A) of paragraph (2) for any fiscal year are
consistent with amounts described in subparagraph (B) of such paragraph
for that fiscal year.
``(2) Amounts referred to in paragraph (1) are the following:
``(A) The amounts specified in program and budget
information submitted to Congress by the Secretary in support
of expenditure estimates and proposed appropriations in the
budget submitted to Congress by the President under section
1105(a) of title 31 for any fiscal year, as shown in the
Future-Years Veterans Program submitted pursuant to subsection
(a).
``(B) The total amounts of estimated expenditures and
proposed appropriations necessary to support the programs,
projects, and activities of the Department of Veterans Affairs
included pursuant to paragraph (5) of section 1105(a) of title
31 in the budget submitted to Congress under that section for
any fiscal year.
``(c) Contents.--The Future-Years Veterans Program under subsection
(a) shall set forth the five-year plan of the Department to address the
commitment of the United States to veterans and the resources necessary
to meet that commitment and shall be developed and updated, as
appropriate, annually by the Secretary. Each Future-Years Veterans
Program shall include an explanation of--
``(1) the information that was used to develop program
planning guidance for the Future-Years Veterans Program; and
``(2) how the resource allocations included in the Future-
Years Veterans Program correlate to such five-year strategy.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 118 the following new item:
``119. Future-Years Veterans Program.''.
(3) Effective date.--Section 119 of title 38, United States
Code, as added by paragraph (1), shall apply with respect to
the preparation and submission of the fiscal year 2018 budget
request for the Department of Veterans Affairs.
(b) Quadrennial Veterans Review.--
(1) In general.--Such chapter is further amended by adding
after section 119, as added by subsection (a)(1), the following
new section:
``Sec. 120. Quadrennial veterans review
``(a) Requirement.--(1) Not later than fiscal year 2017, and every
fourth year thereafter, the Secretary shall conduct a review of the
strategy for meeting the commitment of the United States to veterans
and the resources necessary to meet that commitment (in this section
referred to as a `quadrennial veterans review').
``(2) Each quadrennial veterans review shall include a
comprehensive examination of the policies and strategies of the United
States with respect to veterans, including recommendations regarding
the long-term strategy and priorities for programs, services, benefits,
and outcomes regarding veterans and guidance on the programs, assets,
capabilities, budget, policies, and authorities of the Department.
``(3) The Secretary shall conduct each quadrennial veterans review
in consultation with key officials of the Department, the heads of
other Federal agencies, and other relevant governmental and
nongovernmental entities, including State, local, and tribal government
officials, members of Congress, veterans service organizations, private
sector representatives, academics, and other policy experts.
``(4) The Secretary shall ensure that each quadrennial veterans
review is coordinated with the Future-Years Veterans Program required
under section 119 of this title.
``(b) Contents of Review.--In each quadrennial veterans review, the
Secretary shall--
``(1) delineate a veterans strategy consistent with the
commitment of the United States to veterans and refine a
strategy for the types of, and provision of, programs,
services, benefits, and outcomes consistent with current
authorities and requirements;
``(2) outline and prioritize the full range of programs and
capabilities regarding veterans provided by the Federal
Government;
``(3) identify the budget plan required to provide
sufficient resources to successfully execute the full range of
such programs and capabilities;
``(4) include an assessment of the organizational alignment
of the Department with respect to the strategy referred to in
paragraph (1) and the programs and capabilities referred to in
paragraph (2);
``(5) review and assess the effectiveness of the mechanisms
of the Department for executing the process of turning the
requirements identified in the quadrennial veterans review into
a plan to meet such requirements, including an expenditure plan
for the Department; and
``(6) identify emerging trends, problems, opportunities,
and issues that could affect veterans or the Department during
the ten-year period following the period covered by the review.
``(c) Submission to Congress.--(1) The Secretary shall submit to
the Committees on Veterans' Affairs of the Senate and the House of
Representatives a report regarding each quadrennial veterans review.
The Secretary shall submit the report in the year following the year in
which the review is conducted, but not later than the date on which the
President submits the budget for the next fiscal year to Congress under
section 1105 of title 31, United States Code.
``(2) Each report submitted under paragraph (1) shall include--
``(A) the results of the quadrennial veterans review;
``(B) a description of the challenges to, and opportunities
for, the assumed or defined veterans-related interests of the
Nation that were examined for the purposes of that review;
``(C) the strategy for meeting the Nation's commitment to
veterans, including a prioritized list of the missions of the
Department;
``(D) a description of the interagency cooperation,
preparedness of Federal assets, infrastructure, budget plan,
and other elements of the programs and policies of the Nation
associated with the strategy referred to in subsection (b)(1)
that are required to execute successfully the full range of
programs and capabilities identified in such strategy and the
programs and capabilities outlined under subsection (b)(2);
``(E) an assessment of the organizational alignment of the
Department with the strategy referred to in subsection (b)(1)
and the programs and capabilities outlined under subsection
(b)(2), including the Department's organizational structure,
management systems, budget and accounting systems, human
resources systems, procurement systems, and physical and
technical infrastructure;
``(F) a discussion of the status of cooperation among
Federal agencies in the effort to promote national support for
veterans;
``(G) a discussion of the status of cooperation between the
Federal Government and State, local, and tribal governments in
supporting veterans and providing programs, services, benefits,
and outcomes to assist veterans;
``(H) an explanation of any underlying assumptions used in
conducting the review; and
``(I) any other matter the Secretary considers
appropriate.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 119, as added by subsection (a)(2),
the following new item:
``120. Quadrennial Veterans Review.''.
(c) Policy Guidance.--
(1) In general.--Such chapter is further amended by adding
after section 120, as added by subsection (b)(1), the following
new section:
``Sec. 121. Policy Guidance
``The Secretary shall provide annually to the appropriate officials
of the Department written policy guidance for the preparation and
review of the planning and program recommendations and budget proposals
of the elements of the Department of such officials. Such guidance
shall include guidance on the objectives of the Department in
accordance with Future-Years Veterans Program under section 119 of this
title and the quadrennial veterans review under section 120 and the
resource levels projected to be available for the period of time for
which such recommendations and proposals are to be effective.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 120, as added by subsection (b)(2),
the following new item:
``121. Quadrennial veterans review.''.
SEC. 3. CHIEF STRATEGY OFFICER OF THE DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Chapter 3 of title 38, United States Code, is
amended by adding at the end the following new section:
``Sec. 323. Chief Strategy Officer
``(a) In General.--The Secretary shall designate the Assistant
Secretary whose functions include planning, studies, and evaluations as
the Chief Strategy Officer of the Department. The Chief Strategy
Officer shall advise the Secretary on long-range strategy and
implications.
``(b) Responsibilities.--The Chief Strategy Officer is the
principal advisor to the Secretary and other senior officials of the
Department, and shall provide independent analysis and advice to the
Secretary and such officials. The Chief Strategy Officer shall carry
out the following responsibilities:
``(1) Conducting cost estimation and cost analysis for the
programs of the Department.
``(2) Establishing policies for, and overseeing the
integration of, the planning, programming, budgeting and
execution process for the Department.
``(3) Providing analysis and advice on matters relating to
the planning and programming phase of the planning,
programming, budgeting and execution process, and the
preparation of materials and guidance for such process, as
directed by the Secretary, working in coordination with the
Assistant Secretary for Management.
``(4) Developing and executing the Future-Years Veterans
Program of the Department, as specified under section 119 of
this title.
``(5) Developing resource discussions relating to
requirements under consideration in the quadrennial veterans
review under section 120 of this title.
``(6) Formulating study guidance for analysis of
alternatives for programs and initiatives, including any
necessary acquisitions, development, or procurement
commensurate with such alternatives, and performance of such
analysis as directed by the Secretary.
``(7) Reviewing, analyzing, and evaluating programs for
executing approved strategies and policies, ensuring that
information on programs and expected outcomes is presented
accurately and completely.
``(8) Ensuring that the costs of programs and alternatives
are presented accurately and completely by assisting in
establishing standards, policies, and procedures for the
conduct of cost estimation and cost analysis throughout the
Department, including guidance relating to the proper selection
of confidence levels in cost estimates generally and for
specific programs of the Department.
``(9) Conducting studies at the request of the Secretary
regarding costs, policy assumptions, and strategic implications
of current policies and possible alternatives.
``(10) Communicating directly to the Secretary and the
Deputy Secretary of Veterans Affairs about matters for which
the Chief Strategy Officer is responsible without obtaining the
approval or concurrence of any other official within the
Department.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
322 the following new item:
``323. Chief Strategy Officer.''.
SEC. 4. STUDY ON THE FUNCTIONS AND ORGANIZATIONAL STRUCTURE OF THE
OFFICE OF THE SECRETARY OF VETERANS AFFAIRS AND OF THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) Secretary of Veterans Affairs Study.--The Secretary of Veterans
Affairs shall conduct a study of the functions and organizational
structure of the Office of the Secretary and of the Department of
Veterans Affairs.
(b) Contents of Study.--In conducting the study under subsection
(a), the Secretary shall consider whether the allocation of functions
and the organizational structure of the Department, as of the date of
the enactment of this Act, constitute the most effective, efficient,
and economical allocation and structure to assist the Secretary in
carrying out the duties and responsibilities of the Secretary. The
Secretary shall also consider--
(1) whether the organization of the Office and the
Department is--
(A) optimally structured to assist the Secretary in
the effective exercise of control over the Department,
including--
(i) policy development and strategic
planning;
(ii) programming, planning, and budget
development and policy, program, and budget
execution; and
(iii) contingency planning; and
(B) the most effective and efficient organization
for the initiation, development, and articulation of
veterans' policy and the provision of benefits and
services;
(2) means of improving and strengthening the oversight and
accountability within the Office and Department;
(3) factors inhibiting efficient and effective execution of
the functions of the Office and the Department, including
factors relating to--
(A) any duplication of functions (both within and
between the Office and Department);
(B) the availability to the Secretary of sufficient
and detailed information regarding the operation of the
Department to enable effective planning, policy
execution, and oversight; and
(C) the sufficiency of resources, including
personnel, to carry out current and projected
requirements in a more effective and efficient manner;
and
(4) possible alternative allocations and realignments of
authorities and functions within the Office and Department to
improve the Department's overall operation and better provide
benefits and services.
(c) Independent Contractor Study.--The Secretary shall enter into a
contract with an appropriate entity under which the entity shall carry
out an independent study of the same matters required to be considered
by the Secretary under subsection (b). The Secretary shall ensure that
the entity has full access to such information as the contractor
requires in order to conduct the study and that the contractor
otherwise receives full cooperation from all officials and entities of
the Department of Veterans Affairs.
(d) Report to Congress.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs shall
submit to the Committees on Veterans' Affairs of the Senate and House
of Representatives a report on the Secretary's study under subsection
(a). The report shall include--
(1) the findings and conclusions of the Secretary with
respect to each of the matters set forth in subsection (b);
(2) any recommendations of the Secretary for organizational
changes in the Office of the Secretary and the overall
Department and a description of the means for implementing each
recommendation; and
(3) a copy of the report of the independent contractor
under subsection (c), together with such comments on such
report as the Secretary considers appropriate. | Department of Veterans Affairs Budget Planning Reform Act of 2013 - Directs the Secretary of Veterans Affairs (VA) to submit annually to Congress a future-years veterans program (program) reflecting estimated expenditures and proposed appropriations included in the budget for that fiscal year. Requires each program to set forth a five-year VA plan to address the U.S. commitment to veterans and the resources necessary to meet that commitment. Requires the Secretary, in 2017 and quadrennially thereafter, to conduct a review of the strategy for meeting such commitment and resources requirement (quadrennial veterans review). Requires each review to be coordinated with the above program. Directs the Secretary to report to the congressional veterans committees on each review. Directs the Secretary to provide annually to the appropriate VA officials written policy guidance for the preparation and review of the planning and program recommendations and budget proposals of the VA elements of such officials. Requires the Secretary to designate a Chief Strategy Officer to advise the Secretary on long-range VA strategy and implications. Directs the Secretary to study (through an independent contractor) and report to the veterans committees on the functions and organizational structure of the Office of the Secretary and the VA, including the most efficient and economical allocation and structure for assisting the Secretary in carrying out duties and responsibilities. | {"src": "billsum_train", "title": "Department of Veterans Affairs Budget Planning Reform Act of 2013"} | 3,254 | 283 | 0.596134 | 1.540351 | 0.864318 | 3.197531 | 13.115226 | 0.934156 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting America's Communities
Act''.
SEC. 2. INELIGIBILITY FOR ADMISSION OR PAROLE.
Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182)
is amended--
(1) in subsection (a)(3), by adding at the end the
following:
``(G) Guantanamo bay detainees.--An alien who, as
of January 1, 2009, was being detained by the
Department of Defense at Guantanamo Bay Naval Base, is
inadmissible.''; and
(2) in subsection (d)--
(A) in paragraph (1), by inserting ``or (5)(B)'';
and
(B) in paragraph (5)(B), by adding at the end the
following: ``The Attorney General may not parole any
alien who, as of January 1, 2009, was being detained by
the Department of Defense at Guantanamo Bay Naval
Base.''.
SEC. 3. DETENTION AUTHORITY.
Section 241(a) of the Immigration and Nationality Act (8 U.S.C.
1231(a)) is amended--
(1) by striking ``Attorney General'' each place it appears,
except for the first reference in paragraph (4)(B)(i), and
inserting ``Secretary of Homeland Security''; and
(2) by adding at the end the following:
``(8) Guantanamo bay detainees.--
``(A) Certification requirement.--An alien ordered
removed who, as of January 1, 2009, was being detained
by the Department of Defense at Guantanamo Bay Naval
Base, shall be detained for an additional 6 months
beyond the removal period (including any extension
under paragraph (1)(C)) if the Secretary of Homeland
Security certifies that--
``(i) the alien cannot be removed due to
the refusal of all countries designated by the
alien or under this section to receive the
alien; and
``(ii) the Secretary is making reasonable
efforts to find alternative means for removing
the alien.
``(B) Renewal and delegation of certification.--
``(i) Renewal.--The Secretary may renew a
certification under subparagraph (A) without
limitation after providing the alien with an
opportunity to--
``(I) request reconsideration of
the certification; and
``(II) submit documents or other
evidence in support of the
reconsideration request.
``(ii) Delegation.--Notwithstanding section
103, the Secretary may not delegate the
authority to make or renew a certification
under this paragraph to an official below the
level of the Assistant Secretary for
Immigration and Customs Enforcement.
``(C) Ineligibility for bond or parole.--No
immigration judge or official of United States
Immigration and Customs Enforcement may release from
detention on bond or parole any alien described in
subparagraph (A).''.
SEC. 4. ASYLUM INELIGIBILITY.
Section 208(a)(2) of the Immigration and Nationality Act (8 U.S.C.
1158(a)(2)) is amended by adding at the end the following:
``(E) Guantanamo bay detainees.--Paragraph (1)
shall not apply to any alien who, as of January 1,
2009, was being detained by the Department of Defense
at Guantanamo Bay Naval Base.''.
SEC. 5. MANDATORY DETENTION OF ALIENS FROM GUANTANAMO BAY NAVAL BASE.
Section 236(c)(1) of the Immigration and Nationality Act (8 U.S.C.
1226(c)(1)) is amended--
(1) in each of subparagraphs (A) and (B), by striking the
comma at the end and inserting a semicolon;
(2) in subparagraph (C), by striking ``, or'' and inserting
a semicolon;
(3) in subparagraph (D), by striking the comma at the end
and inserting ``; or''; and
(4) by inserting after subparagraph (D) the following:
``(A) as of January 1, 2009, was being detained by
the Department of Defense at Guantanamo Bay Naval
Base.''.
SEC. 6. STATEMENT OF AUTHORITY.
(a) In General.--Congress reaffirms that--
(1) the United States is in an armed conflict with al
Qaeda, the Taliban, and associated forces; and
(2) the entities referred to in paragraph (1) continue to
pose a threat to the United States and its citizens, both
domestically and abroad.
(b) Authority.--Congress reaffirms that the President is authorized
to detain enemy combatants in connection with the continuing armed
conflict with al Qaeda, the Taliban, and associated forces until the
termination of such conflict, regardless of the place at which they are
captured.
(c) Rule of Construction.--The authority described in this section
may not be construed to alter or limit the authority of the President
under the Constitution of the United States to detain enemy combatants
in the continuing armed conflict with al Qaeda, the Taliban, and
associated forces, or in any other armed conflict. | Protecting America's Communities Act - Amends the Immigration and Nationality Act to prohibit the admission, asylum entry, or parole entry into the United States of an alien who, as of January 1, 2009, was being detained by the Department of Defense (DOD) at Guantanamo Bay Naval Base.
Requires the additional six-month detainment of such an alien ordered removed if the Secretary of Homeland Security (DHS) certifies that: (1) the alien cannot be removed due to the refusal of all countries designated by the alien to receive the alien; and (2) the Secretary is making reasonable efforts to find alternative means for removing the alien.
Authorizes the Secretary to renew such certification after providing the alien with an opportunity to request and provide evidentiary support for reconsideration of the detainment certification.
Prohibits: (1) an immigration judge or official of United States Immigration and Customs Enforcement from releasing a detained alien on bond or parole; and (2) the Secretary from delegating certification authority to an official below the level of the Assistant Secretary for Immigration and Customs Enforcement.
Directs the Attorney General to take into custody upon release an alien who, as of January 1, 2009, was being detained by DOD at Guantanamo Bay Naval Base.
Reaffirms that: (1) the United States is in an armed conflict with Al Qaeda, the Taliban, and associated forces; and (2) the President is authorized to detain enemy combatants in connection with such conflict regardless of their place of capture. | {"src": "billsum_train", "title": "A bill to protect the national security of the United States by limiting the immigration rights of individuals detained by the Department of Defense at Guantanamo Bay Naval Base."} | 1,202 | 330 | 0.66333 | 1.867111 | 0.993133 | 5.017182 | 3.4811 | 0.900344 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Rx Drug Discount Act of
2003''.
SEC. 2. MEDICARE PRESCRIPTION DRUG DISCOUNT CARD ENDORSEMENT PROGRAM.
Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is
amended by inserting after section 1806 the following new sections:
``medicare prescription drug discount card endorsement program
``Sec. 1807. (a) In General.--The Secretary shall establish a
program--
``(1) to endorse prescription drug discount card programs
that meet the requirements of this section; and
``(2) to make available to medicare beneficiaries
information regarding such endorsed programs.
``(b) Requirements for Endorsement.--The Secretary may not endorse
a prescription drug discount card program under this section unless the
program meets the following requirements:
``(1) Savings to medicare beneficiaries.--The program
passes on to medicare beneficiaries who enroll in the program
discounts on prescription drugs, including discounts negotiated
with manufacturers.
``(2) Prohibition on application only to mail order.--The
program applies to drugs that are available other than solely
through mail order.
``(3) Beneficiary services.--The program provides
pharmaceutical support services, such as education and
counseling, and services to prevent adverse drug interactions.
``(4) Information.--The program makes available to medicare
beneficiaries through the Internet and otherwise information,
including information on enrollment fees, prices charged to
beneficiaries, and services offered under the program, that the
Secretary identifies as being necessary to provide for informed
choice by beneficiaries among endorsed programs.
``(5) Demonstrated experience.--The entity operating the
program has demonstrated experience and expertise in operating
such a program or a similar program.
``(6) Quality assurance.--The entity has in place adequate
procedures for assuring quality service under the program.
``(7) Operation of assistance program.--The entity meets
such requirements relating to solvency, compliance with
financial reporting requirements, audit compliance, and
contractual guarantees as the Secretary finds necessary for
participation.
``(8) Enrollment fees.--The program may charge an annual
enrollment fee, but the amount of such annual fee may not
exceed $25.
``(9) Additional beneficiary protections.--The program
meets such additional requirements as the Secretary identifies
to protect and promote the interest of medicare beneficiaries,
including requirements that ensure that beneficiaries are not
charged more than the lower of the negotiated retail price or
the usual and customary price.
The prices negotiated by a prescription drug discount card program
endorsed under this section shall (notwithstanding any other provision
of law) not be taken into account for the purposes of establishing the
best price under section 1927(c)(1)(C).
``(c) Program Operation.--The Secretary shall operate the program
under this section consistent with the following:
``(1) Promotion of informed choice.--In order to promote
informed choice among endorsed prescription drug discount card
programs, the Secretary shall provide for the dissemination of
information which compares the prices and services of such
programs in a manner coordinated with the dissemination of
educational information on Medicare+Choice plans under part C.
``(2) Oversight.--The Secretary shall provide appropriate
oversight to ensure compliance of endorsed programs with the
requirements of this section, including verification of the
discounts and services provided.
``(3) Use of medicare toll-free number.--The Secretary
shall provide through the 1-800-medicare toll free telephone
number for the receipt and response to inquiries and complaints
concerning the program and programs endorsed under this
section.
``(4) Sanctions for abusive practices.--The Secretary may
implement intermediate sanctions or may revoke the endorsement
of a program in the case of a program that the Secretary
determines no longer meets the requirements of this section or
that has engaged in false or misleading marketing practices.
``(5) Enrollment practices.--A medicare beneficiary may not
be enrolled in more than one endorsed program at any time. A
medicare beneficiary may change the endorsed program in which
the beneficiary is enrolled, but may not make such change until
the beneficiary has been enrolled in a program for a minimum
period of time specified by the Secretary.
``(d) Transition.--The Secretary shall provide for an appropriate
transition and discontinuation of the program under this section at the
time outpatient prescription drug benefits first become available under
this title.
``(e) Endorsement Condition.--The Secretary shall require, as
condition of endorsement under of a prescription drug discount card
program under this section that the program implement policies and
procedures to safeguard the use and disclosure of program
beneficiaries' individually identifiable health information in a manner
consistent with the Federal regulations (concerning the privacy of
individually identifiable health information) promulgated under section
264(c) of the Health Insurance Portability and Accountability Act of
1996.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out the program
under this section.''. | Medicare Rx Drug Discount Act of 2003 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to: (1) endorse any Medicare prescription drug discount card program that meets specified criteria; and (2) inform Medicare beneficiaries about such programs. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to authorize the Secretary of Health and Human Services to endorse prescription drug discount cards for use by Medicare beneficiaries."} | 1,118 | 56 | 0.594388 | 1.379703 | 0.918958 | 2.705882 | 19.823529 | 0.901961 |
SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE.
(a) Short Title.--This Act may be cited as the ``Veterans'
Compensation and Readjustment Benefits Amendments of 1996''.
(b) References.--Except as otherwise expressly provided, whenever
in this Act an amendment is expressed in terms of an amendment to a
section or other provision, the reference shall be considered to be
made to a section or other provision of title 38, United States Code.
TITLE I--VETERANS COMPENSATION BENEFITS
SEC. 101. PRESUMPTION THAT BRONCHIOLO-ALVEOLAR CARCINOMA IS SERVICE-
CONNECTED.
Section 1112(c)(2) is amended by adding at the end the following
new subparagraph:
``(P) Bronchiolo-alveolar carcinoma.''.
SEC. 102. PRESUMPTION OF PERMANENT AND TOTAL DISABILITY FOR VETERANS
OVER AGE 65 WHO ARE NURSING HOME PATIENTS.
Section 1502(a) is amended by inserting ``is 65 years of age or
older and a patient in a nursing home or, regardless of age,'' after
``such a person''.
SEC. 103. PILOT PROGRAM FOR USE OF CONTRACT PHYSICIANS FOR DISABILITY
EXAMINATIONS.
(a) Authority.--The Secretary of Veterans Affairs may conduct a
pilot program under this section under which examinations with respect
to medical disability of applicants for benefits under laws
administered by the Secretary that are carried out through the Under
Secretary for Benefits may be made by persons other than employees of
the Department of Veterans Affairs pursuant to contracts entered into
with those persons.
(b) Limitation.--The Secretary may carry out the pilot program
under this section through not more than 10 regional offices of the
Department of Veterans Affairs.
(c) Source of Funds.--Payments for contracts under the pilot
program under this section shall be made from amounts available to the
Secretary of Veterans Affairs for payment of examinations of applicants
for benefits.
(d) Report to Congress.--Not later than three years after the date
of the enactment of this Act, the Secretary shall submit to Congress a
report on the effect of the use of the authority provided by subsection
(a) on the cost, timeliness, and thoroughness of medical disability
examinations.
SEC. 104. LIMITATION ON CLOTHING ALLOWANCE FOR INCARCERATED VETERANS.
(a) Pro Rata Reduction.--Chapter 53 is amended by inserting after
section 5313 the following new section:
``Sec. 5313A. Limitation on payment of clothing allowance to
incarcerated veterans
``In the case of a veteran who is incarcerated in a Federal, State,
or local penal institution for a period in excess of 60 days and who is
furnished clothing without charge by the institution, the amount of an
annual clothing allowance payable to such veteran under section 1162 of
this title shall be reduced on a pro rata basis for each day on which
the veteran was so incarcerated during the 12-month period preceding
the date on which payment of the allowance would be due. This section
shall be carried out under regulations prescribed by the Secretary.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
5313 the following new item:
``5313A. Limitation on payment of clothing allowance to incarcerated
veterans.''.
SEC. 105. EXTENSION OF VETERANS' CLAIMS ADJUDICATION COMMISSION.
(a) Extension of Time for Submission of Final Report.--Section
402(e)(2) of the Veterans' Benefits Improvements Act of 1994 (Public
Law 103-446; 108 Stat. 4659) is amended by striking out ``Not later
than 18 months after such date'' and inserting in lieu thereof ``Not
later than December 31, 1996''.
(b) Funding.--From amounts appropriated to the Department of
Veterans Affairs for each of fiscal years 1996 and fiscal year 1997 for
the payment of compensation and pension, the amount of $75,000 is
hereby made available for the activities of the Veterans' Claims
Adjudication Commission under title IV of the Veterans' Benefits
Improvements Act of 1994 (Public Law 103-446; 108 Stat. 4659).
TITLE II--EDUCATION AND OTHER READJUSTMENT BENEFITS
SEC. 201. PERIOD OF OPERATION FOR APPROVAL.
(a) In General.--(1) Chapter 36 is amended--
(A) by striking out section 3689; and
(B) by striking out the item relating to section 3689 in
the table of sections at the beginning of chapter 36.
(2) Subparagraph (C) of section 3680A(d)(2) is amended by striking
out ``3689(b)(6)'' and inserting in lieu thereof ``3680A(g)''.
(b) Disapproval of Enrollment in Certain Courses.--Section 3680A is
amended by adding after subsection (d) the following new subsections:
``(e) The Secretary shall not approve the enrollment of an eligible
veteran in a course not leading to a standard college degree offered by
a proprietary profit or proprietary nonprofit educational institution
when--
``(1) the educational institution has been operating for
less than two years;
``(2) the course is offered at a branch of the educational
institution and the branch has been operating for less than two
years; or
``(3) following either a change in ownership or a complete
move outside its original general locality the educational
institution does not retain substantially the same faculty,
student body, and courses, as determined in accordance with
regulations the Secretary shall prescribe, as before the change
in ownership or the move outside the general locality.
``(f) The Secretary shall not approve the enrollment of an eligible
veteran in a course as a part of a program of education offered by an
educational institution when the course is provided under contract by
another educational institution or entity and--
``(1) the Secretary would be barred under subsection (e)
from approving the enrollment of an eligible veteran in the
course of the educational institution or entity providing the
course under contract; or
``(2) the educational institution or entity providing the
course under contract has not obtained approval for the course
under this chapter.
``(g) Notwithstanding subsections (e) and (f), the Secretary may
approve the enrollment of an eligible veteran in a course approved
under this chapter if the course is offered by an educational
institution under contract with the Department of Defense or the
Department of Transportation and is given on or immediately adjacent to
a military base, Coast Guard station, National Guard facility, or
facility of the Selected Reserve.''.
(c) Approval of Accredited Courses.--Subsection (b) of section 3675
is amended to read as follows:
``(b) As a condition of approval under this section, the State
approving agency must find the following:
``(1) Adequate records, as prescribed by the State
approving agency, are kept by the educational institution to
show the student's progress and grades and that satisfactory
standards relating to progress and conduct are enforced.
``(2) The educational institution maintains a written
record of the previous education and training of the eligible
person or veteran that clearly indicates that appropriate
credit has been given by the educational institution for
previous education and training, with the training period
shortened proportionately.
``(3) The educational institution and its approved courses
meet the criteria of paragraphs (1), (2), and (3) of section
3676(c) of this title.''.
SEC. 202. ELIMINATION OF DISTINCTION BETWEEN OPEN CIRCUIT TV AND
INDEPENDENT STUDY.
(a) Veterans' Educational Assistance Program.--Subsection (f) of
section 3482 is amended by striking out ``in part''.
(b) Survivors' and Dependents' Educational Assistance.--Section
3523 is amended--
(1) in subsection (a)(4), by inserting ``(including open
circuit television)'' after ``independent study program'' the
second place it appears; and
(2) in subsection (c), by striking out ``radio'' and all
that follows through the end and inserting in lieu thereof
``radio.''.
(c) Administration of Educational Benefits.--Subsection (c) of
section 3680A is amended by striking out ``radio'' and all that follows
through the end and inserting in lieu thereof ``radio.''.
SEC. 203. MEDICAL QUALIFICATIONS FOR FLIGHT TRAINING.
(a) Chapter 30 and 32 Programs.--Sections 3034(d)(2) and 3241(b)(2)
are each amended by inserting before the semicolon at the end the
following: ``on the first day of such training and within 60 days after
successfully completing such training''.
(b) Selected Reserve.--Paragraph (2) of section 16136(c) of title
10, United States Code, is amended by inserting before the period at
the end the following: ``on the first day of such training and within
60 days after successfully completing such training''.
SEC. 204. COOPERATIVE PROGRAMS.
(a) Chapter 30.--Section 3032 of chapter 30 is amended by striking
out subsection (d) and redesignating subsections (e) and (f) as
subsections (d) and (e), respectively.
(b) Chapter 32.--Section 3231 of chapter 32 is amended by striking
out subsection (d) and redesignating subsections (e) and (f) as
subsections (d) and (e), respectively.
(c) Chapter 35.--Subsection (b) of section 3532 is amended by
striking out ``$327'' and inserting in lieu thereof ``$404''.
(d) Chapter 106.--Section 16131 of title 10, United States Code, is
amended--
(1) by striking out subsection (e) and redesignating
subsections (f), (g), (h), (i), and (j) as subsections (e),
(f), (g), (h), and (i), respectively; and
(2) in subsection (b)(1), by striking out ``(g)'' and
inserting in lieu thereof ``(f)''.
SEC. 205. EXTENSION OF ENHANCED LOAN ASSET SALE AUTHORITY.
Paragraph (2) of section 3720(h) is amended by striking out
``December 31, 1996'' and inserting in lieu thereof ``December 31,
1997''.
SEC. 206. EXTENSION OF AUTHORITY FOR THE HOMELESS VETERANS'
REINTEGRATION PROJECTS.
(a) In General.--Paragraph (1) of section 738(e) of the Stewart B.
McKinney Homeless Assistance Act (42 U.S.C. 11448(e)(1)) is amended by
adding at the end the following:
``(E) $10,000,000 for fiscal year 1997.
``(F) $10,000,000 for fiscal year 1998.
``(G) $10,000,000 for fiscal year 1999.''.
(b) Repeal of Certain Extension.--Paragraph (2) of section 102(d)
of the Act entitled ``An Act to amend title 38, United States Code, to
extend the authority of the Secretary of Veterans Affairs to carry out
certain programs and activities, to require certain reports from the
Secretary of Veterans Affairs, and for other purposes'', approved
February 13, 1996 (Public Law 104-110; 110 Stat. 769), is repealed, and
the provisions of section 741 of the Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11450) are amended so as to appear as in
effect immediately before the enactment of Public Law 104-110.
TITLE III--OTHER MATTERS
SEC. 301. REPAIR AND LONG-TERM MAINTENANCE OF WAR MEMORIALS.
Section 5(b)(2) of the Act of March 4, 1923 (36 U.S.C. 125(b)(2)),
is amended--
(1) by inserting ``(A)'' after ``(2)''; and
(2) by adding at the end the following:
``(B) In assuming responsibility for a war memorial under paragraph
(1), the Commission may enter into arrangements with the sponsors of
the memorial to provide for the repair or long-term maintenance of the
memorial. Any funds transferred to the Commission for the purpose of
this subparagraph shall, in lieu of subparagraph (A), be deposited by
the Commission in the fund established by paragraph (3).
``(3)(A) There is established in the Treasury a fund which shall be
available to the Commission for expenses for the maintenance and repair
of memorials with respect to which the Commission enters into
arrangements under paragraph (2)(B). The fund shall consist of (i)
amounts deposited, and interest and proceeds credited, under
subparagraph (B), and (ii) obligations obtained under subparagraph (C).
``(B) The Commission shall deposit in the fund such amounts from
private contributions as may be accepted under paragraph (2)(B). The
Secretary of the Treasury shall credit to the fund the interest on, and
the proceeds from sale or redemption of, obligations held in the fund.
``(C) The Secretary of the Treasury shall invest any portion of the
fund that, as determined by the Commission, is not required to meet
current expenses. Each investment shall be made in an interest bearing
obligation of the United States or an obligation guaranteed as to
principal and interest by the United States that, as determined by the
Commission, has a maturity suitable for the fund.''.
SEC. 302. BURIAL BENEFITS FOR CERTAIN VETERANS WHO DIE IN STATE NURSING
HOMES.
Subsection (a) of section 2303 is amended to read as follows:
``(a)(1) When a veteran dies in a facility described in paragraph
(2), the Secretary shall--
``(A) pay the actual cost (not to exceed $300) of the
burial and funeral or, within such limits, may make contracts
for such services without regard to the laws requiring
advertisement for proposals for supplies and services for the
Department; and
``(B) when such a death occurs in a State, transport the
body to the place of burial in the same or any other State.
``(2) A facility described in this paragraph is--
``(A) a Department facility (as defined in section 1701(4)
of this title) to which the deceased was properly admitted for
hospital, nursing home, or domiciliary care under section 1710
or 1711(a) of this title; or
``(B) an institution at which the deceased veteran was, at
the time of death, receiving--
``(i) hospital care in accordance with section 1703
of this title;
``(ii) nursing home care under section 1720 of this
title; or
``(iii) nursing home care pursuant to payments made
under section 1741 of this title.''.
Passed the House of Representatives July 16, 1996.
Attest:
ROBIN H. CARLE,
Clerk. | TABLE OF CONTENTS:
Title I: Veterans Compensation Benefits
Title II: Education and Other Readjustment Benefits
Title III: Other Matters
Veterans' Compensation and Readjustment Benefits Amendments of 1996 - Title I: Veterans Compensation Benefits - Adds bronchiolo-alveolar carcinoma to the list of diseases that will be considered service-connected (and therefore compensable) when occurring in a radiation-exposed veteran.
(Sec. 102) Considers any veteran age 65 or older and a patient in a nursing home as totally and permanently disabled for purposes of eligibility for veterans' disability compensation.
(Sec. 103) Authorizes the Secretary of Veterans Affairs to conduct a pilot program under which veterans' medical disability evaluation examinations may be made under contract by persons other than employees of the Department of Veterans Affairs.
(Sec. 104) Reduces the annual clothing allowance for veterans who are incarcerated and furnished clothing by the penal institution.
(Sec. 105) Amends the Veterans' Benefits Improvement Act of 1994 to extend the due date for a final report from the Veterans' Claims Adjudication Commission concerning the disposition of claims for veterans' benefits. Provides funding.
Title II: Education and Other Readjustment Benefits
- Repeals provisions prohibiting the Secretary from approving the enrollment of an eligible veteran or other person in a course offered at an educational institution when such institution has been in operation for less than two years. Prohibits the Secretary from approving enrollment in a course not leading to a standard college degree when: (1) the institution or branch thereof offering the course has been operating for less than two years; or (2) following either a change in ownership or a move, the institution does not retain substantially the same faculty, student body, and courses. Provides for the approval or disapproval of courses offered by an institution under contract. Revises approval requirements concerning the adequacy of student records.
(Sec. 202) Eliminates the distinction between the pursuit of education by open circuit television and independent study for purposes of the computation of the educational assistance allowance provided.
(Sec. 203) Authorizes the Secretary to approve the pursuit of flight training if, among other requirements, the individual possesses a valid private pilot's license and meets the medical requirements for a commercial pilot's license on the first day of such training and within 60 days after successfully completing such training.
(Sec. 204) Repeals a provision limiting the monthly educational assistance allowance payable to an individual pursuing a cooperative program. Increases the monthly educational allowance provided to individuals pursuing training in a business or industrial establishment as part of a full-time education program.
(Sec. 205) Extends through 1997 the authority of the Secretary to issue certificates or other securities evidencing an interest in a pool of veterans' mortgage loans guaranteed by the Department.
(Sec. 206) Amends the Stewart B. McKinney Homeless Assistance Act to extend through FY 1999 the authority for veterans' reintegration projects.
Title III: Other Matters
- Authorizes the American Battle Monuments Commission to enter into arrangements for the repair and long-term maintenance of war memorials. Establishes in the Treasury a fund for such repair and maintenance expenses.
(Sec. 302) Provides burial benefits when a veteran dies at an institution at which such veteran was receiving Department-authorized hospital or nursing home care. | {"src": "billsum_train", "title": "Veterans' Compensation and Readjustment Benefits Amendments of 1996"} | 3,478 | 761 | 0.583574 | 1.912632 | 0.620083 | 2.74808 | 4.64977 | 0.852535 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Receiving Electronic Statements To
Improve Retiree Earnings Act''.
SEC. 2. ELECTRONIC COMMUNICATION OF PENSION PLAN INFORMATION.
(a) Amendments to Employee Retirement Income Security Act of
1974.--
(1) In general.--Part 1 of subtitle B of title I of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1021
et seq.) is amended by adding at the end the following:
``SEC. 112. ELECTRONIC COMMUNICATION OF PENSION PLAN INFORMATION.
``A document of any type that is required under this title to be
furnished to a plan participant, beneficiary, or other individual with
respect to a pension plan may be furnished in electronic form if--
``(1) the system for furnishing such a document--
``(A) is designed to result in effective access to
the document by the participant, beneficiary, or other
specified individual through electronic means,
including--
``(i) the direct delivery of material to an
electronic address of such participant,
beneficiary, or individual,
``(ii) the posting of material to a website
or other internet or electronic-based
information repository to which access has been
granted to such participant, beneficiary, or
individual, but only if proper notice of the
posting has been provided (which may include
notice furnished by other electronic means if
the content of the notice conveys the need to
take action to access the posted material), and
``(iii) other electronic means reasonably
calculated to ensure actual receipt of the
material by such participant, beneficiary, or
individual,
``(B) permits the participant, beneficiary, or
other individual to select among the specific
electronic means made available through which such a
document shall be furnished, to modify that selection
at any time, or to elect at any time to begin receiving
paper versions of such documents at no additional
direct cost to the individual, and
``(C) protects the confidentiality of personal
information relating to such participant's,
beneficiary's, or individual's accounts and benefits,
``(2) an annual paper notice is provided to each
participant, beneficiary, or other individual that describes--
``(A) the selection of the specific electronic
means for the furnishing of such documents made by the
participant, beneficiary, or other individual under
paragraph (1)(B) in effect at the time of the provision
of the notice, or
``(B) if applicable, the election made by the
participant, beneficiary, or other individual under
paragraph (1)(B) to be furnished paper versions of such
documents, and
``(3) the electronically furnished document--
``(A) is prepared and furnished in a manner that is
consistent with the style, format, and content
requirements applicable to the particular document, and
``(B) includes a notice that apprises the
individual of the significance of the document when it
is not otherwise reasonably evident as transmitted.
For purposes of this section, the term `document' includes
reports, statements, notices, notifications, and other
information.''.
(2) Conforming amendment.--The table of contents in section
1 of such Act (29 U.S.C. 1001 note) is amended by inserting
after the item relating to section 111 the following:
112. Electronic communication of pension plan information.
(b) Amendment to Internal Revenue Code of 1986.--Section 414 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following:
``(aa) Electronic Communication of Pension Plan Information.--A
document of any type that is required under this title to be furnished
to a plan participant, beneficiary, or other individual with respect to
a plan to which this subchapter or section 457 applies may be furnished
in electronic form if--
``(1) the system for furnishing such a document--
``(A) is designed to result in effective access to
the document by the participant, beneficiary, or other
specified individual through electronic means,
including--
``(i) the direct delivery of material to an
electronic address of such participant,
beneficiary, or individual,
``(ii) the posting of material to a website
or other internet or electronic-based
information repository to which access has been
granted to such participant, beneficiary, or
individual, but only if proper notice of the
posting has been provided (which may include
notice furnished by other electronic means if
the content of the notice conveys the need to
take action to access the posted material), and
``(iii) other electronic means reasonably
calculated to ensure actual receipt of the
material by such participant, beneficiary, or
individual,
``(B) permits the participant, beneficiary, or
other individual to select among the specific
electronic means made available through which such a
document shall be furnished, to modify that selection
at any time, or to elect at any time to begin receiving
paper versions of such documents at no additional
direct cost to the individual, and
``(C) protects the confidentiality of personal
information relating to such participant's,
beneficiary's, or individual's accounts and benefits,
``(2) an annual paper notice is provided to each
participant, beneficiary, or other individual that describes--
``(A) the selection of the specific electronic
means for the furnishing of such documents made by the
participant, beneficiary, or other individual under
paragraph (1)(B) in effect at the time of the provision
of the notice, or
``(B) if applicable, the election made by the
participant, beneficiary, or other individual under
paragraph (1)(B) to be furnished paper versions of such
documents, and
``(3) the electronically furnished document--
``(A) is prepared and furnished in a manner that is
consistent with the style, format, and content
requirements applicable to the particular document, and
``(B) includes a notice that apprises the
individual of the significance of the document when it
is not otherwise reasonably evident as transmitted.
For purposes of this subsection, the term `document' includes
reports, statements, notices, notifications, and other
information.''.
(c) Protection of Existing Methods.--Nothing in the amendments made
by this section shall be construed to prohibit--
(1) the furnishing of documents by electronic means under
any law or under any regulations or guidance prescribed by the
Secretary of Labor or the Secretary of the Treasury (referred
to in this subsection as the ``Secretaries'') prior to the date
of the enactment of this Act, or
(2) the Secretaries from prescribing additional methods for
furnishing documents as the Secretaries deem necessary or
appropriate.
(d) Effective Date.--The amendments made by this section shall
apply with respect to documents furnished with respect to plan years
beginning after December 31, 2016. | Receiving Electronic Statements To Improve Retiree Earnings Act This bill amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to authorize the electronic delivery of pension plan documents required to be furnished to a plan participant, beneficiary, or other individual. The system for furnishing such a document must: (1) be designed to result in effective access to the document, (2) permit the recipient to select the electronic means through which the document is received or request paper documents, and (3) protect the confidentiality of personal information. An annual paper notice must be provided describing the selection of electronic means for furnishing documents and any election that has been made to receive paper documents. An electronically furnished document must be prepared and furnished in a manner that is consistent with the style, format, and content requirements for the document. It must also include a notice that apprises the individual of the significance of the document when it is not otherwise reasonably evident as transmitted. The bill specifies that: (1) documents may continue to be furnished electronically under laws, regulations, or guidance prescribed by the Department of Labor or the Department of the Treasury prior to enactment of this bill; and (2) the departments may prescribe additional methods for furnishing documents. | {"src": "billsum_train", "title": "Receiving Electronic Statements To Improve Retiree Earnings Act"} | 1,472 | 257 | 0.680097 | 2.049971 | 0.872234 | 3.629032 | 5.810484 | 0.879032 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tribal Forest Protection Act of
2004''.
SEC. 2. TRIBAL FOREST ASSETS PROTECTION.
(a) Definitions.--In this section:
(1) Federal land.--The term ``Federal land'' means--
(A) land of the National Forest System (as defined
in section 11(a) of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1609(a)))
administered by the Secretary of Agriculture, acting
through the Chief of the Forest Service; and
(B) public lands (as defined in section 103 of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1702)), the surface of which is administered by
the Secretary of the Interior, acting through the
Director of the Bureau of Land Management.
(2) Indian forest land.--The term ``Indian forest land''
has the meaning given the term in section 304 of the National
Indian Forest Resources Management Act (25 U.S.C. 3103).
(3) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(4) Secretary.--The term ``Secretary'' means--
(A) the Secretary of Agriculture, with respect to
land under the jurisdiction of the Forest Service; and
(B) the Secretary of the Interior, with respect to
land under the jurisdiction of the Bureau of Land
Management.
(b) Authority to Protect Tribal Forest Assets.--
(1) In general.--Not later than 120 days after the date on
which an Indian tribe submits to the Secretary a request to
enter into an agreement or contract to carry out a project to
protect Indian forest land that meets the criteria described in
subsection (c), the Secretary may issue public notice of
initiation of any necessary environmental review or of the
potential of entering into an agreement or contract with the
Indian tribe pursuant to section 347 of the Department of the
Interior and Related Agencies Appropriations Act, 1999 (16
U.S.C. 2104 note; Public Law 105-277) (as amended by section
323 of the Department of the Interior and Related Agencies
Appropriations Act, 2003 (117 Stat. 275)), or such other
authority as appropriate, under which the Indian tribe would
carry out activities described in paragraph (3).
(2) Environmental analysis.--Following completion of any
necessary environmental analysis, the Secretary may enter into
an agreement or contract with the Indian tribe as described in
paragraph (1).
(3) Activities.--Under an agreement or contract entered
into under paragraph (2), the Indian tribe may carry out
activities to achieve land management goals for Federal land
that is--
(A) under the jurisdiction of the Secretary; and
(B) bordering or adjacent to the Indian forest land
under the jurisdiction of the Indian tribe.
(c) Selection Criteria.--The criteria referred to in subsection
(b), with respect to an Indian tribe, are whether--
(1) the Indian forest land under the jurisdiction of the
Indian tribe borders on or is adjacent to land under the
jurisdiction of the Forest Service or the Bureau of Land
Management;
(2) Forest Service or Bureau of Land Management land
bordering on or adjacent to the Indian forest land under the
jurisdiction of the Indian tribe poses a fire, disease, or
other threat to--
(A) the Indian forest land under the jurisdiction
of the Indian tribe; or
(B) a tribal community;
(3) the agreement or contracting activities applied for by
the Indian tribe are not already covered by a stewardship
contract or other instrument that would present a conflict on
the subject land; and
(4) the Forest Service or Bureau of Land Management land
described in the application of the Indian tribe presents or
involves a feature or circumstance unique to that Indian tribe
(including treaty rights or biological, archaeological,
historical, or cultural circumstances).
(d) Notice of Denial.--If the Secretary denies a tribal request
under subsection (b)(1), the Secretary may issue a notice of denial to
the Indian tribe, which--
(1) identifies the specific factors that caused, and
explains the reasons that support, the denial;
(2) identifies potential courses of action for overcoming
specific issues that led to the denial; and
(3) proposes a schedule of consultation with the Indian
tribe for the purpose of developing a strategy for protecting
the forest land of the Indian tribe and interests of the Indian
tribe in Federal land.
(e) Proposal Evaluation and Determination Factors.--In entering
into an agreement or contract in response to a request of an Indian
tribe under subsection (b)(1), the Secretary may--
(1) use a best-value basis; and
(2) give specific consideration to tribally-related factors
in the proposal of the Indian tribe, including--
(A) the status of the Indian tribe as an Indian
tribe;
(B) the trust status of the forest land of the
Indian tribe;
(C) the cultural, traditional, and historical
affiliation of the Indian tribe with the land subject
to the proposal;
(D) the treaty rights or other reserved rights of
the Indian tribe relating to the land subject to the
proposal;
(E) the indigenous knowledge and skills of members
of the Indian tribe;
(F) the features of the landscape of the land
subject to the proposal, including watersheds and
vegetation types;
(G) the working relationships between the Indian
tribe and Federal agencies in coordinating activities
affecting the land subject to the proposal; and
(H) the access by members of the Indian tribe to
the land subject to the proposal.
(f) No Effect on Existing Authority.--Nothing in this Act--
(1) prohibits, restricts, or otherwise adversely affects
the participation of any Indian tribe in stewardship agreements
or contracting under the authority of section 347 of the
Department of the Interior and Related Agencies Appropriations
Act, 1999 (16 U.S.C. 2104 note; Public Law 105-277) (as amended
by section 323 of the Department of the Interior and Related
Agencies Appropriations Act, 2003 (117 Stat. 275)) or other
authority invoked pursuant to this Act; or
(2) invalidates any agreement or contract under that
authority.
(g) Report.--Not later than 4 years after the date of enactment of
this Act, the Secretary shall submit to Congress a report that
describes the Indian tribal requests received and agreements or
contracts that have been entered into under this Act. | Tribal Forest Protection Act of 2004 - Authorizes the Secretary of the Interior (with respect to land under the jurisdiction of the Bureau of Land Management) or the Secretary of Agriculture (with respect to land under the jurisdiction of the Forest Service), upon request of an Indian tribe to enter into an agreement or contract to carry out a project to protect Indian forest land that meets specified criteria, to issue public notice of initiation of any necessary environmental review or of the potential of entering into such an agreement or contract under which the Indian tribe would carry out certain activities.
Authorizes the appropriate Secretary to enter into such an agreement or contract following completion of any necessary environmental analysis. | {"src": "billsum_train", "title": "A bill to authorize the Secretary of Agriculture and the Secretary of the Interior to enter into an agreement or contract with Indian tribes meeting certain criteria to carry out projects to protect Indian forest land."} | 1,432 | 137 | 0.642533 | 1.566226 | 0.726575 | 5.107692 | 10.430769 | 0.953846 |
.
(a) In General.--There shall be in the Department an Office of
Peaceful Coexistence and Nonviolent Conflict Resolution, the head of
which shall be the Assistant Secretary for Peaceful Coexistence and
Nonviolent Conflict Resolution. The Assistant Secretary for Peaceful
Coexistence and Nonviolent Conflict Resolution shall carry out those
functions in the Department affecting research and analysis relating to
creating, initiating, and modeling approaches to peaceful coexistence
and nonviolent conflict resolution.
(b) Responsibilities.--The Assistant Secretary for Peaceful
Coexistence and Nonviolent Conflict Resolution shall--
(1) study the impact of war, especially on the physical and
mental condition of children (using the ten-point agenda in the
United Nations Childrens Fund report, State of the World's
Children 1996, as a guide), which shall include the study of
the effect of war on the environment and public health;
(2) publish a monthly journal of the activities of the
Department and encourage scholarly participation;
(3) gather information on effective community peacebuilding
activities and disseminate such information to local
governments and nongovernmental organizations in the United
States and abroad;
(4) research the effect of violence in the media and make
such reports available to the Congress annually; and
(5) sponsor conferences throughout the United States to
create awareness of the work of the Department.
SEC. 110. OFFICE OF HUMAN RIGHTS AND ECONOMIC RIGHTS.
(a) In General.--There shall be in the Department an Office of
Human Rights and Economic Rights, the head of which shall be the
Assistant Secretary for Human Rights and Economic Rights. The Assistant
Secretary for Human Rights and Economic Rights shall carry out those
functions in the Department supporting the principles of the Universal
Declaration of Human Rights passed by the General Assembly of the
United Nations on December 10, 1948.
(b) Responsibilities.--The Assistant Secretary for Human Rights and
Economic Rights shall--
(1) assist the Secretary, in cooperation with the Secretary
of State, in furthering the incorporation of principles of
human rights, as enunciated in the United Nations General
Assembly Resolution 217A (III) of December 10, 1948, into all
agreements between the United States and other nations to help
reduce the causes of violence;
(2) gather information on and document human rights abuses,
both domestically and internationally, and recommend to the
Secretary nonviolent responses to correct abuses;
(3) make such findings available to other agencies in order
to facilitate nonviolent conflict resolution;
(4) provide trained observers to work with nongovernmental
organizations for purposes of creating a climate that is
conducive to the respect for human rights;
(5) conduct economic analyses of the scarcity of human and
natural resources as a source of conflict and make
recommendations to the Secretary for nonviolent prevention of
such scarcity, nonviolent intervention in case of such
scarcity, and the development of programs of assistance for
people experiencing such scarcity, whether due to armed
conflict, maldistribution of resources, or natural causes;
(6) assist the Secretary, in cooperation with the Secretary
of State and the Secretary of the Treasury, in developing
strategies regarding the sustainability and the management of
the distribution of funds from international agencies, the
conditions regarding the receipt of such funds, and the impact
of those conditions on the peace and stability of the recipient
nations; and
(7) assist the Secretary, in cooperation with the Secretary
of State and the Secretary of Labor, in developing strategies
to promote full compliance with domestic and international
labor rights law.
SEC. 111. INTERGOVERNMENTAL ADVISORY COUNCIL ON PEACE AND NONVIOLENCE.
(a) In General.--There shall be in the Department an advisory
committee to be known as the Intergovernmental Advisory Council on
Peace and Nonviolence (hereinafter in this Act referred to as the
``Council''). The Council shall provide assistance and make
recommendations to the Secretary and the President concerning
intergovernmental policies relating to peace and nonviolent conflict
resolution.
(b) Responsibilities.--The Council shall--
(1) provide a forum for representatives of Federal, State,
and local governments to discuss peace issues;
(2) promote better intergovernmental relations; and
(3) submit, biennially or more frequently if determined
necessary by the Council, a report to the Secretary, the
President, and the Congress reviewing the impact of Federal
peace activities on State and local governments.
SEC. 112. CONSULTATION REQUIRED.
(a) Consultation in Cases of Conflict.--(1) In any case in which a
conflict between the United States and any other government or entity
is imminent or occurring, the Secretary of Defense and the Secretary of
State shall consult with the Secretary concerning nonviolent means of
conflict resolution.
(2) In any case in which such a conflict is ongoing or recently
concluded, the Secretary shall conduct independent studies of
diplomatic initiatives undertaken by the United States and other
parties to the conflict.
(3) In any case in which such a conflict has recently concluded,
the Secretary shall assess the effectiveness of those initiatives in
ending the conflict.
(4) The Secretary shall establish a formal process of consultation
in a timely manner with the Secretary of the Department of State and
the Secretary of the Department of Defense--
(A) prior to the initiation of any armed conflict between
the United States and any other nation; and
(B) for any matter involving the use of Department of
Defense personnel within the United States.
(b) Consultation in Drafting Treaties and Agreements.--The
executive branch shall consult with the Secretary in drafting treaties
and peace agreements.
SEC. 113. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act for a fiscal year beginning after the date of the
enactment of this Act an amount equal to at least 2 percent of the
total amount appropriated for that fiscal year for the Department of
Defense.
(b) Rule of Construction.--Nothing in this section shall be
construed to require a reduction in appropriations for the Department
of Defense.
TITLE II--ADMINISTRATIVE PROVISIONS AND TRANSFERS OF AGENCY FUNCTIONS
SEC. 201. STAFF.
The Secretary may appoint and fix the compensation of such
employees as may be necessary to carry out the functions of the
Secretary and the Department. Except as otherwise provided by law, such
employees shall be appointed in accordance with the civil service laws
and their compensation fixed in accordance with title 5 of the United
States Code.
SEC. 202. TRANSFERS.
There are hereby transferred to the Department the functions,
assets, and personnel of--
(1) the Peace Corps;
(2) the United States Institute of Peace;
(3) the Office of the Under Secretary for Arms Control and
International Security Affairs of the Department of State;
(4) the Gang Resistance Education and Training Program of
the Bureau of Alcohol, Tobacco and Firearms; and
(5) the SafeFutures program of the Office of Juvenile
Justice and Delinquency Prevention of the Department of
Justice.
SEC. 203. CONFORMING AMENDMENTS.
Not later than 90 days after the date of the enactment of this Act,
the Secretary shall prepare and submit to Congress proposed legislation
containing any necessary and appropriate technical and conforming
amendments to the laws of the United States to reflect and carry out
the provisions of this Act.
TITLE III--FEDERAL INTERAGENCY COMMITTEE ON PEACE AND NONVIOLENCE
SEC. 301. FEDERAL INTERAGENCY COMMITTEE ON PEACE AND NONVIOLENCE.
There is established a Federal Interagency Committee on Peace and
Nonviolence (hereinafter in this Act referred to as the ``Committee'').
The Committee shall--
(1) assist the Secretary in providing a mechanism to assure
that the procedures and actions of the Department and other
Federal agencies are fully coordinated; and
(2) study and make recommendations for assuring effective
coordination of Federal programs, policies, and administrative
practices affecting peace.
TITLE IV--ESTABLISHMENT OF PEACE DAY
SEC. 401. PEACE DAY.
All citizens should be encouraged to observe and celebrate the
blessings of peace and endeavor to create peace on a Peace Day. Such
day shall include discussions of the professional activities and the
achievements in the lives of peacemakers. | Department of Peace and Nonviolence Act - Establishes a Department of Peace and Nonviolence, which shall be headed by a Secretary of Peace and Nonviolence appointed by the President with the advice and consent of the Senate. Sets forth the mission of the Department, including to: (1) hold peace as an organizing principle; (2) endeavor to promote justice and democratic principles to expand human rights; and (3) develop policies that promote national and international conflict prevention, nonviolent intervention, mediation, peaceful resolution of conflict, and structured mediation of conflict.
Establishes in the Department the Intergovernmental Advisory Council on Peace and Nonviolence, which shall provide assistance and make recommendations to the Secretary and the President concerning intergovernmental policies relating to peace and nonviolent conflict resolution. Transfers to the Department the functions, assets, and personnel of various federal agencies. Establishes a Federal Interagency Committee on Peace and Nonviolence. Establishes Peace Day. Urges all citizens to observe and celebrate the blessings of peace and endeavor to create peace on such day. | {"src": "billsum_train", "title": "A bill to establish a Department of Peace and Nonviolence."} | 1,807 | 223 | 0.585418 | 1.808176 | 0.857837 | 3.150259 | 8.585492 | 0.870466 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Better Nutrition for School Children
Act of 2001''.
SEC. 2. FOODS OF MINIMAL NUTRITIONAL VALUE.
(a) In General.--Section 10 of the Child Nutrition Act of 1966 (42
U.S.C. 1779) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Foods of Minimal Nutritional Value.--
``(1) Availability of foods of minimal nutritional value
during time of service of food.--The regulations shall prohibit
the sale, donation, or service without charge of foods of
minimal nutritional value on school grounds during the time of
service of food under the school breakfast program under
section 4 or the school lunch program under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.).
``(2) Availability of foods of minimal nutritional value
during the covered period.--
``(A) Definition of covered period.--In this
paragraph, the term `covered period' means the period
of a school day before the service of lunch under the
school lunch program under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.),
other than the period of food service under section 4.
``(B) Review and regulations.--Not later than 18
months after the date of enactment of this paragraph,
the Secretary shall--
``(i) review the Federal, State, and local
laws (including regulations), policies, and
practices relating to the sale, donation, or
service without charge of foods of minimal
nutritional value during the covered period on
school grounds; and
``(ii) taking into account the results of
the review, promulgate final regulations
relating to the sale, donation, or service
without charge of foods of minimal nutritional
value during the covered period on school
grounds.
``(C) Options.--In promulgating regulations under
subparagraph (B)(ii), the Secretary shall establish
such requirements as the Secretary determines are
appropriate, which may include--
``(i) prohibiting the sale, donation, or
service without charge of foods of minimal
nutritional value during the covered period on
all or part of school grounds; or
``(ii) permitting States and local school
authorities to prohibit the sale, donation, or
service without charge of foods of minimal
nutritional value during the covered period on
all or part of school grounds.
``(D) Basis.--The Secretary shall evaluate the
results of the review and promulgate the regulations
required under subparagraph (B) based on sound
nutritional science, as determined by the Secretary.
``(E) Factors.--In conducting the review and
promulgating the regulations required under
subparagraph (B), the Secretary shall consider--
``(i) the nutritional needs of students in
various grade levels;
``(ii) the proximity of any area where
foods of minimal nutritional value may be sold,
donated, or served without charge to the food
service facilities or areas;
``(iii) the extent to which students will
likely substitute consumption of foods of
minimal nutritional value for other food served
in participating schools under this Act and the
Richard B. Russell National School Lunch Act
(42 U.S.C. 1751 et seq.); and
``(iv) the benefits to a school of
permitting the sale, donation, or service
without charge of foods of minimal nutritional
value.''.
(b) Regulations.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Agriculture shall
promulgate such regulations as are necessary to implement the
amendments made by this section.
(2) Procedure.--The promulgation of the regulations and the
administration of the amendments made by this section shall be
made without regard to chapter 35 of title 44, United States
Code (commonly known as the ``Paperwork Reduction Act'').
(3) Congressional review of agency rulemaking.--In carrying
out this subsection, the Secretary shall use the authority
provided under section 808 of title 5, United States Code. | Better Nutrition for School Children Act of 2001 - Amends the Child Nutrition Act of 1966 (CNA) to prohibit the sale, donation, or service without charge of foods of minimal nutritional value on school grounds during the time of service under the school breakfast program under CNA or the school lunch program the Richard B. Russell National School Lunch Act.Directs the Secretary of Agriculture to: (1) review Federal, State, and local laws, policies, and practices relating to the sale, donation, or service without charge of foods of minimal nutritional value on school grounds during a covered period of the school day before service under the school lunch program (excluding the time of school breakfast program service); and (2) taking specified factors into consideration, promulgate related regulations, which may include Federal (or allowance of State or local) prohibition against provision of such foods during such covered period on all or part of school grounds. | {"src": "billsum_train", "title": "A bill to amend the Child Nutrition Act of 1966 to promote better nutrition among school children participating in the school breakfast and lunch programs."} | 933 | 185 | 0.716892 | 1.751363 | 0.874976 | 4.353933 | 4.848315 | 0.91573 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Paul E. Tsongas Fellowship Act''.
SEC. 2. STATEMENT OF PURPOSE.
It is the purpose of this Act to encourage individuals of
exceptional achievement and promise, especially members of
traditionally underrepresented groups, to pursue careers in fields that
confront the global energy and environmental challenges of the 21st
century.
SEC. 3. DOCTORAL FELLOWSHIPS AUTHORIZED.
(a) Program Authorized.--The Secretary of Energy is authorized to
award doctoral fellowships, to be known as Paul E. Tsongas Doctoral
Fellowships, in accordance with the provisions of this Act for study
and research in fields of science or engineering that relate to energy
or the environment such as physics, mathematics, chemistry, biology,
computer science, materials science, environmental science, behavioral
science, and social sciences at institutions proposed by applicants for
such fellowships.
(b) Period of Award.--A fellowship under this section shall be
awarded for a period of three succeeding academic years, beginning with
the commencement of a program of doctoral study.
(c) Fellowship Portability.--Each Fellow shall be entitled to use
the fellowship in a graduate program at any accredited institution of
higher education in which the recipient may decide to enroll.
(d) Number of Fellowships.--As many fellowships as may be fully
funded according to this Act shall be awarded each year.
(e) Designation of Fellows.--Each individual awarded a fellowship
under this Act shall be known as a ``Paul E. Tsongas Fellow''
(hereinafter in this Act referred to as a ``Fellow'').
SEC. 4. ELIGIBILITY AND SELECTION OF FELLOWS.
(a) Eligibility.--Only United States citizens are eligible to
receive awards under this Act.
(b) Fellowship Board.--
(1) Appointment.--The Secretary, in consultation with the
Director of the National Science Foundation, shall appoint a
Paul E. Tsongas Fellowship Board (hereinafter in this part
referred to as the ``Board'') consisting of 5 representatives
of the academic science and engineering communities who are
especially qualified to serve on the Board. The Secretary shall
assure that individuals appointed to the Board are broadly
knowledgeable about and have experience in graduate education
in relevant fields.
(2) Duties.--The Board shall--
(A) establish general policies for the program
established by this part and oversee its operation;
(B) establish general criteria for awarding
fellowships;
(C) award fellowships; and
(D) prepare and submit to the Congress at least
once in every 3-year period a report on any
modifications in the program that the Board determines
are appropriate.
(3) Term.--The term of office of each member of the Board
shall be 3 years, except that any member appointed to fill a
vacancy shall serve for the remainder of the term for which the
predecessor of the member was appointed. No member may serve
for a period in excess of 6 years.
(4) Initial meeting; vacancy.--The Secretary shall call the
first meeting of the Board, at which the first order of
business shall be the election of a Chairperson and a Vice
Chairperson, who shall serve until 1 year after the date of
their appointment. Thereafter each officer shall be elected for
a term of 2 years. In case a vacancy occurs in either office,
the Board shall elect an individual from among the members of
the Board to fill such vacancy.
(5) Quorum; additional meetings.--(A) A majority of the
members of the Board shall constitute a quorum.
(B) The Board shall meet at least once a year or more
frequently, as may be necessary, to carry out its
responsibilities.
(6) Compensation.--Members of the Board, while serving on
the business of the Board, shall be entitled to receive
compensation at rates fixed by the Secretary, but not exceeding
the rate of basic pay payable for level IV of the Executive
Schedule, including traveltime, and while so serving away from
their homes or regular places of business, they may be allowed
travel expenses, including per diem in lieu of subsistence, as
authorized by section 5703 of title 5, United States Code, for
persons in Government service employed intermittently.
(c) Underrepresented Groups.--In designing selection criteria and
awarding fellowships, the Board shall--
(1) consider the need to prepare a larger number of women
and individuals from minority groups, especially from among
such groups that have been traditionally underrepresented in
the professional and academic fields referred to in section 2,
but nothing contained in this or any other provision of this
Act shall be interpreted to require the Secretary to grant any
preference or disparate treatment to the members of any
underrepresented group; and
(2) take into account the need to expand access by women
and minority groups to careers heretofore lacking adequate
representation of women and minority groups.
SEC. 5. PAYMENTS, STIPENDS, TUITION, AND EDUCATION AWARDS.
(a) Amount of Award.--
(1) Stipends.--The Secretary shall pay to each individual
awarded a fellowship under this Act a stipend in the amount of
$15,000, $16,500, and $18,000 during the first, second, and
third years of study, respectively.
(2) Tuition.--The Secretary shall pay to the appropriate
institution an amount adequate to cover the tuition, fees, and
health insurance of each individual awarded a fellowship under
this Act.
(3) Administrative and travel allowance.--The Secretary
shall pay to each host institution an annual $5,000 allowance
for the purpose of covering--
(A) administrative expenses;
(B) travel expenses associated with Fellow
participation in academic seminars or conferences
approved by the host institution; and
(C) round-trip travel expenses associated with
Fellow participation in the internship required by
section 6 of this Act.
SEC. 6. REQUIREMENT.
Each Fellow shall participate in a 3-month internship related to
the dissertation topic of the Fellow at a national laboratory,
equivalent industrial laboratory, or any other institution or agency
approved by the host institution.
SEC. 7. FELLOWSHIP CONDITIONS.
(a) Academic Progress Required.--No student shall receive support
pursuant to an award under this Act--
(1) except during periods in which such student is
maintaining satisfactory progress in, and devoting essentially
full time to, study or research in the field in which such
fellowship was awarded, or
(2) if the student is engaging in gainful employment other
than part-time employment involved in teaching, research, or
similar activities determined by the institution to be in
support of the student's progress toward a degree.
(b) Reports From Recipients.--The Secretary is authorized to
require reports containing such information in such form and filed at
such times as the Secretary determines necessary from any person
awarded a fellowship under the provisions of this Act. The reports
shall be accompanied by a certificate from an appropriate official at
the institution of higher education, or other research center, stating
that such individual is fulfilling the requirements of this section.
(c) Failure To Earn Degree.--A recipient of a fellowship under this
Act found by the Secretary to have failed in or abandoned the course of
study for which assistance was provided under this Act may be required,
at the discretion of the Secretary, to repay a pro rata amount of such
fellowship assistance received, plus interest and, where applicable,
reasonable collection fees, on a schedule and at a rate of interest to
be prescribed by the Secretary by regulations issued pursuant to this
Act.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for this Act $5,000,000 for
fiscal year 2000 and such sums as may be necessary for the succeeding
fiscal years.
SEC. 9. APPLICATION OF GENERAL EDUCATIONAL PROVISIONS ACT.
Section 421 of the General Educational Provisions Act, pertaining
to the availability of funds, shall apply to this Act.
SEC. 10. DEFINITIONS.
For purposes of this Act--
(1) The term ``Secretary'' means the Secretary of Energy.
(2) The term ``host institution'' means an institution
where a Paul E. Tsongas Fellow is enrolled for the purpose of
pursuing doctoral studies for which support is provided under
this Act. | Paul E. Tsongas Fellowship Act - Authorizes the Secretary of Energy to award Paul E. Tsongas Doctoral Fellowships for graduate study and research in fields of science or engineering that relate to energy or the environment such as physics, mathematics, chemistry, biology, computer science, materials science, environmental science, behavioral science, and social sciences at institutions proposed by applicants for such fellowships.
Directs the Secretary to appoint the Paul E. Tsongas Fellowship Board to: (1) establish general policies for the program and oversee its operation; (2) establish general criteria for awarding fellowships; (3) award fellowships; and (4) submit to the Congress at least once in every three-year period a report on any modifications in the program.
Authorizes appropriations. | {"src": "billsum_train", "title": "Paul E. Tsongas Fellowship Act"} | 1,830 | 165 | 0.698351 | 1.943519 | 0.993429 | 6.277778 | 11.631944 | 0.972222 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Junk Fax Prevention Act of 2004''.
SEC. 2. PROHIBITION ON FAX TRANSMISSIONS CONTAINING UNSOLICITED
ADVERTISEMENTS.
(a) Prohibition.--Subparagraph (C) of section 227(b)(1) of the
Communications Act of 1934 (47 U.S.C. 227(b)(1)(C)) is amended to read
as follows:
``(C) to use any telephone facsimile machine,
computer, or other device to send, to a telephone
facsimile machine, an unsolicited advertisement,
unless--
``(i) the unsolicited advertisement is from
a sender with an established business
relationship with the recipient, and
``(ii) the unsolicited advertisement
contains a notice meeting the requirements
under paragraph (2)(D),
except that the exception under clauses (i) and (ii)
shall not apply with respect to an unsolicited
advertisement sent to a telephone facsimile machine by
a sender to whom a request has been made not to send
future unsolicited advertisements to such telephone
facsimile machine that complies with the requirements
under paragraph (2)(E); or''.
(b) Definition of Established Business Relationship.--Subsection
(a) of section 227 of the Communications Act of 1934 (47 U.S.C. 227(a))
is amended--
(1) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) The term `established business relationship', for
purposes only of subsection (b)(1)(C)(i), shall have the
meaning given the term in section 64.1200 of the Commission's
regulations, as in effect on January 1, 2003, except that--
``(A) such term shall include a relationship
between a person or entity and a business subscriber
subject to the same terms applicable under such section
to a relationship between a person or entity and a
residential subscriber; and
``(B) an established business relationship shall be
subject to any time limitation established pursuant to
paragraph (2)(G).''.
(c) Required Notice of Opt-Out Opportunity.--Paragraph (2) of
section 227(b) of the Communications Act of 1934 (47 U.S.C. 227(b)(2))
is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following new subparagraph:
``(D) shall provide that a notice contained in an
unsolicited advertisement complies with the
requirements under this subparagraph only if--
``(i) the notice is clear and conspicuous
and on the first page of the unsolicited
advertisement;
``(ii) the notice states that the recipient
may make a request to the sender of the
unsolicited advertisement not to send any
future unsolicited advertisements to a
telephone facsimile machine or machines and
that failure to comply, within the shortest
reasonable time, as determined by the
Commission, with such a request meeting the
requirements under subparagraph (E) is
unlawful;
``(iii) the notice sets forth the
requirements for a request under subparagraph
(E);
``(iv) the notice includes--
``(I) a domestic contact telephone
and facsimile machine number for the
recipient to transmit such a request to
the sender; and
``(II) a cost-free mechanism for a
recipient to transmit a request
pursuant to such notice to the sender
of the unsolicited advertisement; the
Commission shall by rule require the
sender to provide such a mechanism and
may, in the discretion of the
Commission and subject to such
conditions as the Commission may
prescribe, exempt certain classes of
small business senders, but only if the
Commission determines that the costs to
such class are unduly burdensome given
the revenues generated by such small
businesses;
``(v) the telephone and facsimile machine
numbers and the cost-free mechanism set forth
pursuant to clause (iv) permit an individual or
business to make such a request during regular business hours; and
``(vi) the notice complies with the
requirements of subsection (d);''.
(d) Request To Opt-Out of Future Unsolicited Advertisements.--
Paragraph (2) of section 227(b) of the Communications Act of 1934 (47
U.S.C. 227(b)(2)), as amended by subsection (c) of this section, is
further amended by adding at the end the following new subparagraph:
``(E) shall provide, by rule, that a request not to
send future unsolicited advertisements to a telephone
facsimile machine complies with the requirements under
this subparagraph only if--
``(i) the request identifies the telephone
number or numbers of the telephone facsimile
machine or machines to which the request
relates;
``(ii) the request is made to the telephone
or facsimile number of the sender of such an
unsolicited advertisement provided pursuant to
subparagraph (D)(iv) or by any other method of
communication as determined by the Commission;
and
``(iii) the person making the request has
not, subsequent to such request, provided
express invitation or permission to the sender,
in writing or otherwise, to send such
advertisements to such person at such telephone
facsimile machine;''.
(e) Authority To Establish Nonprofit Exception.--Paragraph (2) of
section 227(b) of the Communications Act of 1934 (47 U.S.C. 227(b)(2)),
as amended by subsections (c) and (d) of this section, is further
amended by adding at the end the following new subparagraph:
``(F) may, in the discretion of the Commission and
subject to such conditions as the Commission may
prescribe, allow professional or trade associations
that are tax-exempt nonprofit organizations to send
unsolicited advertisements to their members in
furtherance of the association's tax-exempt purpose
that do not contain the notice required by paragraph
(1)(C)(ii), except that the Commission may take action
under this subparagraph only by regulation issued after
public notice and opportunity for public comment and
only if the Commission determines that such notice
required by paragraph (1)(C)(ii) is not necessary to
protect the ability of the members of such associations
to stop such associations from sending any future
unsolicited advertisements; and''.
(f) Authority To Establish Time Limit on Established Business
Relationship Exception.--Paragraph (2) of section 227(b) of the
Communications Act of 1934 (47 U.S.C. 227(b)(2)), as amended by
subsections (c), (d), and (e) of this section, is further amended by
adding at the end the following new subparagraph:
``(G)(i) may, consistent with clause (ii), limit
the duration of the existence of an established
business relationship to a period not shorter than 5
years and not longer than 7 years after the last
occurrence of an action sufficient to establish such a
relationship, but only if--
``(I) the Commission determines
that the existence of the exception
under paragraph (1)(C) relating to an
established business relationship has
resulted in a significant number of
complaints to the Commission regarding
the sending of unsolicited
advertisements to telephone facsimile
machines;
``(II) upon review of such
complaints referred to in subclause
(I), the Commission has reason to
believe that a significant number of
such complaints involve unsolicited
advertisements that were sent on the
basis of an established business
relationship that was longer in
duration than the Commission believes
is consistent with the reasonable
expectations of consumers;
``(III) the Commission determines
that the costs to senders of
demonstrating the existence of an
established business relationship
within a specified period of time do
not outweigh the benefits to recipients
of establishing a limitation on such
established business relationship; and
``(IV) the Commission determines
that, with respect to small businesses,
the costs are not unduly burdensome,
given the revenues generated by small
businesses, and taking into account the
number of specific complaints to the
Commission regarding the sending of
unsolicited advertisements to telephone
facsimile machines by small businesses;
and
``(ii) may not commence a proceeding to determine
whether to limit the duration of the existence of an
established business relationship before the expiration
of the 3-year period that begins on the date of the
enactment of the Junk Fax Prevention Act of 2004.''.
(g) Unsolicited Advertisement.--Paragraph (5) of section 227(a) of
the Communications Act of 1934 (47 U.S.C. 227(a)(4)), as so
redesignated by subsection (b)(1) of this section, is amended by
inserting ``, in writing or otherwise'' before the period at the end.
(h) Regulations.--Except as provided in clause (ii) of section
227(b)(2)(G) of the Communications Act of 1934 (as added by subsection
(f) of this section), not later than 270 days after the date of the
enactment of this Act, the Federal Communications Commission shall
issue regulations to implement the amendments made by this section.
SEC. 3. FCC ANNUAL REPORT REGARDING JUNK FAX ENFORCEMENT.
Section 227 of the Communications Act of 1934 (47 U.S.C. 227) is
amended by adding at the end the following new subsection:
``(g) Junk Fax Enforcement Report.--The Commission shall submit a
report to the Congress for each year regarding the enforcement of the
provisions of this section relating to sending of unsolicited
advertisements to telephone facsimile machines, which shall include the
following information:
``(1) The number of complaints received by the Commission
during such year alleging that a consumer received an
unsolicited advertisement via telephone facsimile machine in
violation of the Commission's rules.
``(2) The number of such complaints received during the
year on which the Commission has taken action.
``(3) The number of such complaints that remain pending at
the end of the year.
``(4) The number of citations issued by the Commission
pursuant to section 503 during the year to enforce any law,
regulation, or policy relating to sending of unsolicited
advertisements to telephone facsimile machines.
``(5) The number of notices of apparent liability issued by
the Commission pursuant to section 503 during the year to
enforce any law, regulation, or policy relating to sending of
unsolicited advertisements to telephone facsimile machines.
``(6) For each such notice--
``(A) the amount of the proposed forfeiture penalty
involved;
``(B) the person to whom the notice was issued;
``(C) the length of time between the date on which
the complaint was filed and the date on which the
notice was issued; and
``(D) the status of the proceeding.
``(7) The number of final orders imposing forfeiture
penalties issued pursuant to section 503 during the year to
enforce any law, regulation, or policy relating to sending of
unsolicited advertisements to telephone facsimile machines.
``(8) For each such forfeiture order--
``(A) the amount of the penalty imposed by the
order;
``(B) the person to whom the order was issued;
``(C) whether the forfeiture penalty has been paid;
and
``(D) the amount paid.
``(9) For each case in which a person has failed to pay a
forfeiture penalty imposed by such a final order, whether the
Commission referred such matter for recovery of the penalty.
``(10) For each case in which the Commission referred such
an order for recovery--
``(A) the number of days from the date the
Commission issued such order to the date of such
referral;
``(B) whether an action has been commenced to
recover the penalty, and if so, the number of days from
the date the Commission referred such order for
recovery to the date of such commencement; and
``(C) whether the recovery action resulted in
collection of any amount, and if so, the amount
collected.''.
SEC. 4. GAO STUDY OF JUNK FAX ENFORCEMENT.
(a) In General.--The Comptroller General of the United States shall
conduct a study regarding complaints received by the Federal
Communications Commission concerning unsolicited advertisements sent to
telephone facsimile machines, which shall determine--
(1) the mechanisms established by the Commission to
receive, investigate, and respond to such complaints;
(2) the level of enforcement success achieved by the
Commission regarding such complaints;
(3) whether complainants to the Commission are adequately
informed by the Commission of the responses to their
complaints; and
(4) whether additional enforcement measures are necessary
to protect consumers, including recommendations regarding such
additional enforcement measures.
(b) Additional Enforcement Remedies.--In conducting the analysis
and making the recommendations required under paragraph (7) of
subsection (a), the Comptroller General shall specifically examine--
(1) the adequacy of existing statutory enforcement actions
available to the Commission;
(2) the adequacy of existing statutory enforcement actions
and remedies available to consumers;
(3) the impact of existing statutory enforcement remedies
on senders of facsimiles;
(4) whether increasing the amount of financial penalties is
warranted to achieve greater deterrent effect; and
(5) whether establishing penalties and enforcement actions
for repeat violators or abusive violations similar to those
established by section 4 of the CAN-SPAM Act of 2003 (15 U.S.C.
7703) would have a greater deterrent effect.
(c) Report.--Not later than 270 days after the date of the
enactment of this Act, the Comptroller General shall submit a report on
the results of the study under this section to Committee on Energy and
Commerce of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
Passed the House of Representatives July 20, 2004.
Attest:
JEFF TRANDAHL,
Clerk. | Junk Fax Prevention Act of 2004 - Amends the Communications Act of 1934 to prohibit a person from using any telephone facsimile (fax) machine, computer, or other device to send, to another fax machine, an unsolicited advertisement, unless the advertisement: (1) is from a sender with an established business relationship with the recipient; and (2) contains a notice on its first page that the recipient may request not to be sent any future unsolicited advertisements, and that failure to comply with such request is unlawful. Requires such notice to include a domestic contact telephone and fax machine number for the recipient to transmit such a request, as well as a cost-free mechanism for sending the request.
Requires the Federal Communications Commission (FCC) to provide that a request not to send unsolicited advertisements complies with FCC requirements if: (1) the request identifies the recipient fax number to which the request relates; (2) the request is made to the telephone or fax number of the sender; and (3) the person making the request has not subsequently provided express invitation or permission to the sender to have such advertisements sent. Authorizes the FCC to allow tax-exempt, nonprofit professional or trade associations to send unsolicited advertisements to their members in furtherance of professional or association purposes.
Authorizes the FCC, upon determining a significant number of complaints involving unsolicited fax advertisements, to limit the duration of the existence of an "established business relationship" exemption to a period not shorter than five and not longer than seven years after the last occurrence of an action sufficient to establish such relationship.
Requires the: (1) FCC to report annually to Congress on the enforcement of the above requirements; and (2) Comptroller General to study, and report to specified congressional committees on, complaints received by the FCC concerning unsolicited advertisements sent to fax machines. | {"src": "billsum_train", "title": "To amend section 227 of the Communications Act of 1934 to clarify the prohibition on junk fax transmissions."} | 3,184 | 415 | 0.608683 | 2.039086 | 0.803705 | 3.32493 | 8.142857 | 0.932773 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Auto Relief Act of 2009''
or the ``CAR Act of 2009''.
SEC. 2. TAX INCENTIVES TO CONSUMERS AND LENDERS FOR THE PURCHASE OF A
PASSENGER VEHICLE DURING 2009.
(a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to additional itemized
deductions for individuals) is amended by redesignating section 224 as
section 225 and by inserting after section 223 the following new
section:
``SEC. 224. INCENTIVES TO CONSUMERS AND LENDERS FOR THE PURCHASE OF A
PASSENGER VEHICLE DURING 2009.
``(a) Deduction for Consumer Purchases.--In the case of an
individual, there shall be allowed as a deduction an amount equal to
the purchase price of any qualified vehicle placed in service by the
taxpayer during the taxable year.
``(b) Dollar Limitations.--The deduction allowed by subsection (a)
with respect to each qualified vehicle shall not exceed--
``(1) $7,500 if such vehicle is placed in service during
the 90-day period beginning on the date of the enactment of
this section,
``(2) $5,000 if such vehicle is placed in service during
the 90-day period beginning on the day after the period
described in paragraph (1), and
``(3) $2,500 if such vehicle is placed in service after the
period described in paragraph (2).
``(c) Definitions.--For purposes of this section--
``(1) Qualified vehicle.--
``(A) In general.--The term `qualified vehicle'
means a motor vehicle which is a passenger automobile
or a light truck--
``(i) the original use of which commences
with the taxpayer,
``(ii) which is acquired for use or lease
by the taxpayer and not for resale,
``(iii) which is made by a manufacturer, or
``(iv) which is placed in service by the
taxpayer on or after the date of the enactment
of this section and before January 1, 2010.
``(B) Exceptions.--Such term shall not include--
``(i) property referred to in section
50(b)(1) (relating to property used outside the
United States), or
``(ii) property of a character subject to
the allowance for depreciation or amortization.
``(2) Motor vehicle.--The term `motor vehicle' has the
meaning given such term by section 30(c)(2).
``(3) Other terms.--The terms `passenger automobile',
`light truck', and `manufacturer' have the meanings given such
terms in regulations prescribed by the Administrator of the
Environmental Protection Agency for purposes of the
administration of title II of the Clean Air Act (42 U.S.C. 7521
et seq.).
``(d) Deduction for Consumer Loans To Purchase Qualified Vehicles;
Exclusion From Lender's Gross Income.--In the case of interest on any
loan secured by a qualified vehicle and used by the purchaser to
purchase such vehicle--
``(1) such interest shall not be treated as personal
interest for purposes of section 163(h), and
``(2) the gross income of the lender shall not include 50
percent of such interest received or accrued on such loan
during the taxable year.
``(e) Deduction for State and Local Sales Taxes.--In the case of a
purchase of a qualified vehicle, there shall be allowed as a deduction
the amount of general sales taxes (within the meaning of section
164(b)(5)) paid or incurred during the taxable year on such purchase.
``(f) Special Rules.--
``(1) Reduction in basis.--For purposes of this subtitle,
the basis of any property for which a deduction is allowable
under subsection (a) shall be reduced by the amount of the
deduction so allowed.
``(2) Recapture.--The Secretary shall, by regulations,
provide for recapturing the benefit of any deduction allowable
under subsection (a) with respect to any property which ceases
to be property eligible for such deduction (including recapture
in the case of a lease period of less than the economic life of
a vehicle).''.
(b) Deductions Allowed Whether or Not Taxpayer Itemizes Other
Deductions.--Subsection (a) of section 62 of such Code is amended by
inserting after paragraph (21) the following new paragraph:
``(22) Deductions relating to purchase of passenger vehicle
during 2009.--The deductions allowed by subsection (a), (d),
and (e) of section 224.''.
(c) Conforming Amendments.--
(1) Subsection (a) of section 1016 of such Code is amended
by striking ``and'' at the end of paragraph (36), by striking
the period at the end of paragraph (37) and inserting ``,
and'', and by adding at the end the following new paragraph:
``(38) to the extent provided in section 224(f)(1).''.
(2) The table of sections for such part VII is amended by
redesignating the item relating to section 224 as relating to
section 225 and by inserting after the item relating to section
223 the following new item:
``Sec. 224. Incentives to consumers and lenders for the purchase of a
passenger vehicle during 2009.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years ending on or after the date of the enactment of
this Act. | Consumer Auto Relief Act of 2009 or the CAR Act of 2009 - Amends the Internal Revenue Code to allow individual taxpayers a tax deduction for: (1) up to $7,500 of the purchase price of a new passenger automobile or light truck that is purchased in 2009; (2) interest paid on any loan to purchase such vehicles; and (3) state and local sales taxes paid on a vehicle purchase. Excludes from the gross income of lenders 50% of the interest paid on any consumer loan for the purchase of a new passenger automobile or light truck. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide tax incentives to consumers and lenders for the purchase of a passenger vehicle during 2009."} | 1,299 | 115 | 0.597223 | 1.459998 | 0.546726 | 2.247706 | 10.422018 | 0.926606 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Enterprise Ecosystem and
Economic Development Commission Act of 2012'' or as the ``SEEED
Commission Act of 2012''.
SEC. 2. COMMISSION ON THE ADVANCEMENT OF SOCIAL ENTERPRISE.
(a) Establishment.--There is established a commission to be known
as the Commission on the Advancement of Social Enterprise (referred to
in this section as the ``Commission''). The purpose of the commission
is to examine and make recommendations with respect to ways the Federal
Government can support and utilize the transformative power of social
enterprises.
(b) Federal Advisory Committee Act.--The Federal Advisory Committee
Act does not apply to the Commission established under this subsection.
(c) Membership.--The membership of the Commission shall be composed
of the following or their designees:
(1) The Administrator of the Small Business Administration.
(2) The Administrator of the Economic Development
Administration.
(3) The Director of the Office of Social Innovation and
Civic Participation.
(4) The Chief Executive Officer of the Corporation for
National and Community Service.
(5) The Assistant to the President for Domestic Policy.
(6) The Director of the Office of Management and Budget.
(7) The Commissioner of Internal Revenue.
(8) The Secretary of Labor.
(9) The Director of the Census.
(10) The Director of the National Economic Council.
(11) The Attorney General.
(12) The Secretary of State.
(13) The Secretary of Education.
(14) The Secretary of the Treasury.
(15) The Secretary of Health and Human Services.
(16) The Commissioner of Social Security.
(17) The Secretary of Agriculture.
(18) The Secretary of Commerce.
(19) The Secretary of Housing and Urban Development.
(20) The Chair of the Council of Economic Advisors.
(21) The Administrator of the General Services
Administration.
(d) Operation.--
(1) Chairperson.--The Director of the Office of Social
Innovation and Civic Participation shall serve as the
Chairperson of the Commission.
(2) Meetings.--
(A) In general.--The Commission shall meet at the
call of the Chairperson.
(B) Initial meeting.--The initial meeting shall
take place not later than 30 days after the date of
enactment of this Act.
(3) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(4) Rules.--The Commission may establish, by majority vote,
any rules for the conduct of Commission business, in accordance
with this Act and other applicable law.
(e) Duties.--
(1) Defining social enterprise.--Not later than 1 year
after the initial meeting of the Commission, the Commission
shall establish criteria for identifying social enterprises for
purposes of Federal programs. The Commission will draw upon
existing leading research and scholarship in this area as well
as the input of practitioners and policy experts within the
social enterprise field.
(2) Study activities.--
(A) In general.--The Commission shall identify
opportunities for the Federal Government to more
effectively engage social enterprises in creating jobs
and strengthening local economies while achieving
optimal outcomes in addressing policy challenges at the
national, state, and local level. The Commission shall
receive and consider reports and testimony from
individuals, government departments, State and local
elected officials, community-based organizations,
nonprofit organizations, faith-based organizations,
foundations, and other public and private organizations
statewide and of national significance on the
following:
(i) How social enterprise can accelerate
progress on social issues.
(ii) How social enterprises work in a
cross-sector manner.
(iii) How social enterprise can advance
social and economic development goals.
(B) Areas of study and recommendation.--The areas
studied and potential recommendations offered by the
Commission under this paragraph shall include the
following:
(i) The role of social enterprises in the
United States economy.
(ii) The role of social enterprises in
addressing economic, social, and environmental
policy challenges across all levels of
government.
(iii) The role of social enterprises as
community support and development entities.
(iv) A statistical and qualitative
examination of social enterprise within the
United States and its contribution to the
social and economic development of the United
States.
(v) Means through which the Federal
Government can assist in enhancing the capacity
of social enterprises.
(vi) Corporate legal structures that foster
or impede the development of social
enterprises.
(vii) How to reform the Internal Revenue
Code to reduce obstacles that social
enterprises face when addressing social issues
and creating economic value through innovative
methods.
(viii) How to reform Federal securities
laws to encourage impact investing.
(ix) How the Federal Government can
leverage existing Community Development
Financial Institutions programs.
(x) How various sectors (including but not
limited to philanthropic, for-profit, and non-
profit sectors) and levels of government
currently interact with social enterprises.
(xi) Review of the current process through
which social enterprises--both for-profit and
nonprofit organizations--can obtain Federal
loans, grants, and contracts and offer
recommendations for improving these processes
in light of the special needs and contributions
of social enterprises.
(xii) Review of the current process,
policies, and procedures through which social
enterprises--both for-profit and nonprofit
organizations--can access Federal contracting
opportunities and offer recommendations for
improving the access of social enterprises to
Federal procurement opportunities.
(xiii) How the Federal Government can play
a role in developing a purchasing directory of
social enterprises within the United States
that can be supported by citizens, businesses,
and government.
(xiv) Opportunities for the Federal
Government to develop and expand research and
the collection and analysis of longitudinal
data on social enterprises.
(xv) Barriers to social enterprise growth.
(xvi) Opportunities for the development of
an entity or initiative to support
intermediaries that will promote and invest in
social enterprise.
(xvii) Identification of the appropriate
entity within the Federal Government that shall
be charged with the responsibility of preparing
an annual report to Congress on the impact of
social enterprises in the United States and the
extent to which the Federal Government
interacts with, supports, and invests in social
enterprises. And, where appropriate, this
entity shall monitor and update the areas of
study listed in this subparagraph.
(f) Powers of the Commission.--
(1) The Commission may hold such hearings and collect such
information as appropriate for carrying out this section.
(2) Except as otherwise prohibited by law, the Commission
may secure directly from any Federal department or agency
information the Commission considers necessary to carry out
this section. Upon the request of the Commission, the head of
the any Federal agency shall furnish information requested
under this paragraph to the Commission.
(3) The Commission may enter into contracts for research to
inform the deliberations of the Commission.
(4) The Commission may use the United States mails in the
same manner and under the same conditions as other agencies of
the Federal Government.
(g) Commission Personnel Matters.--
(1) Travel expenses.--A member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular place of business of
the member in the performance of the duties of the Commission.
(2) Detail of federal employees.--On the affirmative vote
of \2/3\ of the members of the Commission and the approval of
the appropriate Federal agency head, an employee of the Federal
Government at GS-13 level or higher may be detailed to the
Commission without reimbursement, and such detail shall be
without interruption or loss of civil service status, benefits,
or privileges.
(3) Staff.--
(A) In general.--
(i) Appointment and compensation.--The
chairperson, in accordance with rules agreed
upon by the Commission, may appoint and fix the
compensation of a staff director and such other
personnel as may be necessary to enable the
Commission to carry out its functions, without
regard to the provisions of title 5, United
States Code, governing appointments in the
competitive service, and without regard to the
provisions of chapter 51 and subchapter III of
chapter 53 of such title relating to
classification and General Schedule pay rates,
except that no rate of pay fixed under this
subsection may exceed the equivalent of that
payable for a position at Level V of the
Executive Schedule under section 5316 of title
5, United States Code.
(ii) Personnel as federal employees.--
(I) In general.--Any personnel of
the Commission who are employees shall
be employees under section 2105 of
title 5, United States Code, for
purposes of chapters 63, 81, 83, 84,
85, 87, 89, and 90 of that title.
(II) Members of the commission.--
Subparagraph (I) shall not be construed
to apply to members of the Commission.
(B) Volunteer services.--Notwithstanding section
1342 of title 31, United States Code, the Commission
may accept and use voluntary and uncompensated services
as the Commission determines necessary.
(4) Procurement of temporary and intermittent services.--On
request of the Commission, the Attorney General shall provide
to the Commission, on a reimbursable basis, reasonable and
appropriate office space, supplies, and administrative
assistance.
(h) Contracts for Research.--
(1) Researchers and experts.--On an affirmative vote of \2/
3\ of the members of the Commission, the Commission may select
nongovernmental researchers and experts to assist the
Commission in carrying out the duties of the Commission under
this section.
(2) Other organizations.--Nothing in this subsection limits
the ability of the Commission to enter into contracts with any
other entity or organization to carry out research necessary to
carry out the duties of the Commission under this section.
(i) Report.--Not later than 1 year after the Commission establishes
criteria by which to identify social enterprise, the Commission shall
submit to the President and Congress a report on the Commission's
findings, conclusions, and recommendations. The report shall identify
the Federal programs recommended and shall include--
(1) reports on all matters studied as described in
subsection (b); and
(2) how existing Federal Government programs can be
expanded to take advantage of the social and economic benefits
of social enterprises.
(j) Termination.--The Commission shall terminate 90 days after the
date on which the Commission submits the report of the Commission under
subsection (i).
(k) Availability of Appropriations.--Funds appropriated to the
Commission shall be available for the duration of the Commission. | Social Enterprise Ecosystem and Economic Development Commission Act of 2012 or the SEEED Commission Act of 2012 - Establishes the Commission on the Advancement of Social Enterprise to examine and make recommendations on ways the federal government can support and utilize social enterprises. Requires the Commission to: (1) establish criteria for identifying social enterprises for purposes of federal programs, and (2) identify opportunities for the federal government to engage social enterprises in creating jobs and strengthening local economies. | {"src": "billsum_train", "title": "To provide for the establishment of a Commission on the Advancement of Social Enterprise."} | 2,256 | 94 | 0.577813 | 1.352662 | 0.73291 | 4.569767 | 26.116279 | 0.988372 |
SECTION 1. PROVISION OF ASSISTANCE UNDER GOVERNMENT PROGRAMS BY
RELIGIOUS ORGANIZATIONS.
Title XXIV of the Revised Statutes is amended by inserting after
section 1990 (42 U.S.C. 1994) the following:
``SEC. 1994A. CHARITABLE CHOICE.
``(a) Short Title.--This section may be cited as the `Charitable
Choice Expansion Act of 1999'.
``(b) Purpose.--The purposes of this section are--
``(1) to prohibit discrimination against nongovernmental
organizations and certain individuals on the basis of religion
in the distribution of government funds to provide government
assistance and distribution of the assistance, under government
programs described in subsection (c); and
``(2) to allow the organizations to accept the funds to
provide the assistance to the individuals without impairing the
religious character of the organizations or the religious
freedom of the individuals.
``(c) Religious Organizations Included as Nongovernmental
Providers.--For any program carried out by the Federal Government, or
by a State or local government with Federal funds, in which the
Federal, State, or local government is authorized to use
nongovernmental organizations, through contracts, grants, certificates,
vouchers, or other forms of disbursement, to provide assistance to
beneficiaries under the program, the government shall consider, on the
same basis as other nongovernmental organizations, religious
organizations to provide the assistance under the program, so long as
the program is implemented in a manner consistent with the
Establishment Clause of the first amendment to the Constitution.
Neither the Federal Government nor a State or local government
receiving funds under such program shall discriminate against an
organization that provides assistance under, or applies to provide
assistance under, such program, on the basis that the organization has
a religious character.
``(d) Exclusions.--As used in subsection (c), the term `program'
does not include activities carried out under--
``(1) Federal programs providing education to children
eligible to attend elementary schools or secondary schools, as
defined in section 14101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8801) (except for activities
to assist students in obtaining the recognized equivalents of
secondary school diplomas);
``(2) the Higher Education Act of 1965 (20 U.S.C. 1001 et
seq.);
``(3) the Head Start Act (42 U.S.C. 9831 et seq.); or
``(4) the Child Care and Development Block Grant Act of
1990 (42 U.S.C. 9858 et seq.).
``(e) Religious Character and Independence.--
``(1) In general.--A religious organization that provides
assistance under a program described in subsection (c) shall
retain its independence from Federal, State, and local
governments, including such organization's control over the
definition, development, practice, and expression of its
religious beliefs.
``(2) Additional safeguards.--Neither the Federal
Government nor a State or local government shall require a
religious organization--
``(A) to alter its form of internal governance; or
``(B) to remove religious art, icons, scripture, or
other symbols;
in order to be eligible to provide assistance under a program
described in subsection (c).
``(f) Employment Practices.--
``(1) Tenets and teachings.--A religious organization that
provides assistance under a program described in subsection (c)
may require that its employees providing assistance under such
program adhere to the religious tenets and teachings of such
organization, and such organization may require that those
employees adhere to rules forbidding the use of drugs or
alcohol.
``(2) Title vii exemption.--The exemption of a religious
organization provided under section 702 or 703(e)(2) of the
Civil Rights Act of 1964 (42 U.S.C. 2000e-1, 2000e-2(e)(2))
regarding employment practices shall not be affected by the
religious organization's provision of assistance under, or
receipt of funds from, a program described in subsection (c).
``(g) Rights of Beneficiaries of Assistance.--
``(1) In general.--If an individual described in paragraph
(3) has an objection to the religious character of the
organization from which the individual receives, or would
receive, assistance funded under any program described in
subsection (c), the appropriate Federal, State, or local
governmental entity shall provide to such individual (if
otherwise eligible for such assistance) within a reasonable
period of time after the date of such objection, assistance
that--
``(A) is from an alternative organization that is
accessible to the individual; and
``(B) has a value that is not less than the value
of the assistance that the individual would have
received from such organization.
``(2) Notice.--The appropriate Federal, State, or local
governmental entity shall ensure that notice is provided to
individuals described in paragraph (3) of the rights of such
individuals under this section.
``(3) Individual described.--An individual described in
this paragraph is an individual who receives or applies for
assistance under a program described in subsection (c).
``(h) Nondiscrimination Against Beneficiaries.--
``(1) Grants and contracts.--A religious organization
providing assistance through a grant or contract under a
program described in subsection (c) shall not discriminate, in
carrying out the program, against an individual described in
subsection (g)(3) on the basis of religion, a religious belief,
a refusal to hold a religious belief, or a refusal to actively
participate in a religious practice.
``(2) Indirect forms of disbursement.--A religious
organization providing assistance through a voucher,
certificate, or other form of indirect disbursement under a
program described in subsection (c) shall not deny an
individual described in subsection (g)(3) admission into such
program on the basis of religion, a religious belief, or a
refusal to hold a religious belief.
``(i) Fiscal Accountability.--
``(1) In general.--Except as provided in paragraph (2), any
religious organization providing assistance under any program
described in subsection (c) shall be subject to the same
regulations as other nongovernmental organizations to account
in accord with generally accepted accounting principles for the
use of such funds provided under such program.
``(2) Limited audit.--Such organization shall segregate
government funds provided under such program into a separate
account. Only the government funds shall be subject to audit by
the government.
``(j) Compliance.--A party alleging that the rights of the party
under this section have been violated by a State or local government
may bring a civil action pursuant to section 1979 against the official
or government agency that has allegedly committed such violation. A
party alleging that the rights of the party under this section have
been violated by the Federal Government may bring a civil action for
appropriate relief in an appropriate Federal district court against the
official or government agency that has allegedly committed such
violation.
``(k) Limitations on Use of Funds for Certain Purposes.--No funds
provided through a grant or contract to a religious organization to
provide assistance under any program described in subsection (c) shall
be expended for sectarian worship, instruction, or proselytization.
``(l) Effect on State and Local Funds.--If a State or local
government contributes State or local funds to carry out a program
described in subsection (c), the State or local government may
segregate the State or local funds from the Federal funds provided to
carry out the program or may commingle the State or local funds with
the Federal funds. If the State or local government commingles the
State or local funds, the provisions of this section shall apply to the
commingled funds in the same manner, and to the same extent, as the
provisions apply to the Federal funds.
``(m) Treatment of Intermediate Contractors.--If a nongovernmental
organization (referred to in this subsection as an `intermediate
organization'), acting under a contract or other agreement with the
Federal Government or a State or local government, is given the
authority under the contract or agreement to select nongovernmental
organizations to provide assistance under the programs described in
subsection (c), the intermediate organization shall have the same
duties under this section as the government but shall retain all other
rights of a nongovernmental organization under this section.''. | Charitable Choice Expansion Act of 1999 - Requires the Federal Government, or a State or local government receiving Federal funds, when authorized to use a nongovernmental organization to provide assistance to beneficiaries under a program, to consider religious organizations on the same basis as other nongovernmental organizations to provide such assistance, so long as the program is implemented in a manner consistent with the Establishment Clause of the Constitution. Excepts from such requirement activities carried out under: (1) Federal programs providing education to children eligible to attend elementary or secondary schools (except for activities to assist students in obtaining the recognized equivalents of secondary school diplomas); (2) the Higher Education Act of 1965; (3) the Head Start Act; and (4) the Child Care and Development Block Grant Act of 1990.
Declares that a religious organization that provides assistance under such a program shall retain its independence from Federal, State, and local governments and shall not be required to alter its form of internal governance or remove religious art, icons, scripture, or other symbols.
Authorizes an organization to require its employees providing such assistance to adhere to its religious beliefs, including nonuse of alcohol and drugs.
States that the employment practices exemption of a religious organization under title VII of the Civil Rights Act of 1964 shall not be affected by the provision of assistance or the receipt of funds under this Act.
Requires the appropriate governmental entity, if a beneficiary or applicant for assistance under such a program has an objection to the religious character of the organization providing the assistance, to provide such assistance through an alternative organization. Requires the governmental entity to ensure that notice is provided to beneficiaries and applicants of the right to make such objection.
Prohibits a religious organization from discriminating against a beneficiary or applicant in rendering assistance based on religion or religious belief.
Requires any religious organization providing assistance under such a program to segregate government funds provided under such program into a separate account. Subjects only such funds to audit by the government.
Authorizes civil actions by parties alleging that their rights under this Act have been violated by the Federal Government or by a State or local government.
Prohibits any funds provided through a grant or contract to a religious organization to provide assistance under any such program from being expended for sectarian worship, instruction, or proselytization. | {"src": "billsum_train", "title": "Charitable Choice Expansion Act of 1999"} | 1,855 | 500 | 0.731335 | 2.428087 | 0.842054 | 4.365471 | 3.825112 | 0.926009 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``One Percent Spending Reduction Act
of 2014''.
SEC. 2. CONGRESSIONAL FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The fiscal crisis faced by the Federal Government
demands immediate action.
(2) The dramatic growth in spending and debt in recent
years threatens our economic and national security:
(A) Federal spending has grown from 18 percent of
GDP in 2001 to over 20 percent of GDP in 2014.
(B) Total Federal debt exceeds $17,000,000,000,000
and is projected to increase each year over the next 10
years.
(C) Without action, the Federal Government will
continue to run massive deficits in the next decade and
total Federal debt will rise to $27,000,000,000,000 by
2024.
(D) Interest payments on this debt will soon rise
to the point where balancing the budget as a matter of
policy is beyond the reach of Congress.
(3) Due to recent tax hikes, Federal revenues are scheduled
to rise to approximately 18 percent of GDP, inline with the
average of about 18 percent of GDP over the past 40 years.
(4) Absent reform, the growth of Social Security, Medicare,
Medicaid, and other health-related spending will overwhelm all
other Federal programs and consume all projected tax revenues.
(b) Purpose.--The purpose of this Act is to address the fiscal
crisis by--
(1) acting quickly to balance the Federal budget and
eliminate the parade of deficits and ballooning interest
payments;
(2) achieving balance by reducing spending one percent per
year until spending equals projected long-term revenues; and
(3) reforming entitlement programs to ensure long-term
fiscal stability and balance.
SEC. 3. ESTABLISHMENT AND ENFORCEMENT OF SPENDING CAPS.
(a) Outlay Caps.--The Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 900 et seq.) is amended by inserting after
section 253 the following:
``SEC. 253A. ESTABLISHING OUTLAY CAPS.
``(a) Outlay Caps.--In this section, the term `outlay cap' means:
``(1) Fiscal year 2015.--For fiscal year 2015, the
aggregate outlays (less net interest payments) shall be
$3,774,000,000,000, less one percent.
``(2) Fiscal year 2016.--For fiscal year 2016, the
aggregate outlays (less net interest payments) shall be the
amount computed under paragraph (1), less one percent.
``(3) Fiscal year 2017.--For fiscal year 2017, the
aggregate outlays (less net interest payments) shall be the
amount computed under paragraph (2), less one percent.
``(4) Fiscal year 2018 and subsequent fiscal years.--
``(A) In general.--For fiscal year 2018 and each
fiscal year thereafter, the aggregate outlays shall be
18 percent of the gross domestic product for that
fiscal year, as estimated by the Office of Management
and Budget prior to March of the previous fiscal year.
``(B) Limitation.--Notwithstanding subparagraph
(A), for any fiscal year beginning with fiscal year
2019, the aggregate projected outlays may not be less
than the aggregate projected outlays for the preceding
fiscal year.
``(b) Sequestration.--
``(1) In general.--
``(A) Excess spending.--Not later than 45 calendar
days after the beginning of a fiscal year, the Office
of Management and Budget shall prepare and the
President shall order a sequestration to eliminate any
excess outlay amount.
``(B) Definitions.--
``(i) Fiscal years 2015 through 2017.--For
each of fiscal years 2015 through 2017 and for
purposes of this subsection, the term `excess
outlay amount' means the amount by which total
projected Federal outlays (less net interest
payments) for a fiscal year exceeds the outlay
cap for that fiscal year.
``(ii) Fiscal year 2018 and subsequent
fiscal years.--For fiscal year 2018 and each
fiscal year thereafter and for purposes of this
subsection, the term `excess outlay amount'
means the amount by which total projected
Federal outlays for a fiscal year exceeds the
outlay cap for that fiscal year.
``(2) Sequestration.--
``(A) CBO preview report.--On August 15 of each
year, the Congressional Budget Office shall issue a
sequestration preview report as described in section
254(c)(4).
``(B) OMB preview report.--On August 20 of each
year, the Office of Management and Budget shall issue a
sequestration preview report as described in section
254(c)(4).
``(C) Final report.--On October 31 of each year,
the Office of Management and Budget shall issue its
final sequestration report as described in section
254(f)(3). It shall be accompanied by a Presidential
order detailing uniform spending reductions equal to
the excess outlay amount as defined in this section.
``(D) Process.--The reductions shall generally
follow the process set forth in sections 253 and 254,
except as provided in this section.
``(3) Congressional action.--If the August 20 report by the
Office of Management and Budget projects a sequestration, the
Committee on the Budget of the Senate and the Committee on the
Budget of the House of Representatives may report a resolution
directing committees of their House to change the existing law
to achieve the spending reductions outlined in the August 20
report necessary to meet the outlay limits.
``(c) No Exempt Programs.--Section 255 and section 256 shall not
apply to this section or any sequestration order issued under this
section, except that payments for net interest (budget function 900)
shall be exempt from the spending reductions under sequestration.
``(d) Look Back.--If, after November 14, a bill resulting in
outlays for the fiscal year in progress is enacted that causes excess
outlays, the excess outlay amount for the next fiscal year shall be
increased by the amount or amounts of that breach.''.
(b) Conforming Amendments to BBEDCA.--
(1) Sequestration preview reports.--Section 254(c)(4) of
the Balanced Budget and Emergency Deficit Control Act of 1985
(2 U.S.C. 904(c)(4)) is amended to read as follows:
``(4) Outlay cap sequestration reports.--The preview
reports shall set forth for the budget year estimates for the
following:
``(A)(i) For each of budget years 2015 through
2017, the aggregate projected outlays (less net
interest payments), less one percent.
``(ii) For budget year 2018 and each subsequent
budget year, the estimated gross domestic product (GDP)
for that budget year.
``(B) The amount of reductions required under
section 253A.
``(C) The sequestration percentage necessary to
achieve the required reduction under section 253A.''.
(2) Final sequestration reports.--Section 254(f)(3) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 904(f)(3)) is amended to read as follows:
``(3) Outlay caps sequestration reports.--The final reports
shall contain all the information required in the outlay cap
sequestration preview reports. In addition, these reports shall
contain, for the budget year, for each account to be
sequestered, estimates of the baseline level of sequestrable
budgetary resources and resulting outlays and the amount of
budgetary sources to be sequestered and result in outlay
reductions. The reports shall also contain estimates of the
effects on outlays on the sequestration of each outyear for
direct spending programs.''.
(c) Enforcement.--Title III of the Congressional Budget Act of 1974
(2 U.S.C. 631 et seq.) is amended by adding after section 315 the
following:
``SEC. 316. ENFORCEMENT PROCEDURES.
``(a) Outlay Caps.--It shall not be in order in the House of
Representatives or the Senate to consider any bill, joint resolution,
amendment, amendment between the Houses, or conference report that
includes any provision that would cause the most recently reported,
current outlay cap set forth in section 253A of the Balanced Budget and
Emergency Deficit Control Act of 1985 to be breached.
``(b) Waiver or Suspension.--
``(1) In the senate.--The provisions of this section may be
waived or suspended in the Senate only by the affirmative vote
of two-thirds of the Members, duly chosen and sworn.
``(2) In the house.--The provisions of this section may be
waived or suspended in the House of Representatives only by a
rule or order proposing only to waive such provisions by an
affirmative vote of two-thirds of the Members, duly chosen and
sworn.
``(c) Point of Order Protection.--In the House, it shall not be in
order to consider a rule or order that waives the application of
paragraph (2) of subsection (b).
``(d) Motion To Suspend.--It shall not be in order for the Speaker
to entertain a motion to suspend the application of this section under
clause 1 of rule XV.''.
SEC. 4. CONFORMING AMENDMENTS.
The table of contents set forth in--
(1) section 1(b) of the Congressional Budget and
Impoundment Control Act of 1974 is amended by inserting after
the item relating to section 315 the following new item:
``Sec. 316. Enforcement procedures.'';
and
(2) section 250(a) of the Balanced Budget and Emergency
Deficit Control Act of 1985 is amended by inserting after the
item relating to section 253 the following new item:
``Sec. 253A. Establishing outlay caps.''.
SEC. 5. EFFECTIVE DATE.
This Act and the amendments made by this Act shall apply to fiscal
year 2015 and each fiscal year thereafter, including any reports and
calculations required for implementation in fiscal year 2015. | One Percent Spending Reduction Act of 2014 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to establish and enforce new spending caps. Establishes the aggregate outlay cap (less net interest payments) for FY2015 at $3.774 trillion, less 1%. Reduces the outlay cap for FY2016-FY2017 by 1% of the previous fiscal year's outlay cap. Requires the outlay cap for FY2018 and subsequent fiscal years to be 18% of the gross domestic product (GDP) for that fiscal year as estimated by the Office of Management and Budget (OMB). Prohibits outlays from being less than those for the preceding fiscal year for any fiscal year beginning with FY2019. Requires OMB to enforce the spending caps using a sequestration to eliminate any excess spending through automatic cuts. Eliminates most exemptions from sequestration. Permits the budget committees to report a resolution directing the committees of their respective chambers to change existing law to achieve the spending reductions necessary to meet the outlay limits if a sequestration is projected. Amends the Congressional Budget Act of 1974 to create procedures for the House and Senate to enforce the outlay caps established in this Act. | {"src": "billsum_train", "title": "One Percent Spending Reduction Act of 2014"} | 2,272 | 290 | 0.569284 | 1.574791 | 0.794514 | 2.822222 | 8.884444 | 0.813333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``China Fair Trade Act of 2010''.
SEC. 2. RECIPROCAL COMPETITIVE TRADE PRACTICES.
(a) In General.--Section 302(a)(2) of the Trade Agreements Act of
1979 (19 U.S.C. 2512(a)(2)) is amended to read as follows:
``(2) Exceptions.--
``(A) In general.--Paragraph (1) shall not apply in
the case of procurements for which--
``(i) there are no offers of products or
services of the United States or of eligible
products; or
``(ii) the offers of products or services
of the United States or of eligible products
are insufficient to fulfill the requirements of
the United States Government.
``(B) Special rule with respect to the people's
republic of china.--Subparagraph (A) shall not apply in
the case of procurements of products or services of the
People's Republic of China.''.
(b) Waiver.--Section 302(b) of the Trade Agreements Act of 1979 (19
U.S.C. 2512(b)) is amended in the matter preceding paragraph (1), by
inserting ``, except in the case of the People's Republic of China,''
before ``may''.
SEC. 3. REQUIREMENTS TO BUY CERTAIN ITEMS FROM AMERICAN SOURCES.
(a) Buy American Act.--
(1) American materials required for public use.--Section
2(a) of the Buy American Act (41 U.S.C. 10a(a)) is amended by
inserting after the second sentence the following: ``The
exceptions in the previous two sentences shall not apply with
respect to articles, materials, or supplies mined, produced, or
manufactured, as the case may be, in the People's Republic of
China until such time as China becomes a party to the Agreement
on Government Procurement (described in section 101(d)(17) of
the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(17)).''.
(2) Contract specifications.--Section 3(a) of the Buy
American Act (41 U.S.C. 10b(a)) is amended by striking
``exception.'' and inserting ``exception: Provided further,
That such an exception may not permit the use of articles,
materials, or supplies mined, produced, or manufactured, as the
case may be, in the People's Republic of China until such time
as China becomes a party to the Agreement on Government
Procurement (described in section 101(d)(17) of the Uruguay
Round Agreements Act (19 U.S.C. 3511(d)(17)).''.
(3) Reports.--Section 2(b)(2)(A) of the Buy American Act
(41 U.S.C. 10a(b)(2)(A)) is amended by inserting before the
semicolon the following: ``and the country in which such
articles, materials, or supplies were manufactured''.
(b) Defense Contracts for Certain Articles.--Section 2533a of title
10, United States Code, is amended by adding at the end the following
new subsection:
``(l) Inapplicability of Exceptions to Articles From the People's
Republic of China.--The exceptions to the requirement in subsection (a)
provided under subsections (c) through (h) shall not apply with respect
to items grown, reprocessed, reused, or produced in the People's
Republic of China until such time as China becomes a party to the
Agreement on Government Procurement (described in section 101(d)(17) of
the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(17)).''.
(c) Requirements To Use American Iron, Steel, and Manufactured
Goods Under the American Recovery and Reinvestment Act of 2009.--
Section 1605 of the American Recovery and Reinvestment Act of 2009
(Public Law 111-5; 123 Stat. 303) is amended by adding at the end the
following new subsection:
``(e) The exceptions in subsection (b) shall not apply with respect
to iron, steel, and manufactured goods from the People's Republic of
China until such time as China becomes a party to the Agreement on
Government Procurement (described in section 101(d)(17) of the Uruguay
Round Agreements Act (19 U.S.C. 3511(d)(17)).''.
SEC. 4. REPORT ON PRODUCTIVE CAPACITY OF THE PEOPLE'S REPUBLIC OF
CHINA.
(a) In General.--Not later than 180 days, the Secretary of Commerce
shall submit to Congress a report on the productive capacity of the
major industrial sectors in the People's Republic of China.
(b) Contents.--The report required by subsection (a) shall include
an assessment of any steps taken by the Government of the People's
Republic of China to develop, expand, retract, or otherwise alter the
productive capacity of the sectors identified in the report.
SEC. 5. REPORT ON SUBSIDIES PROVIDED BY THE PEOPLE'S REPUBLIC OF CHINA
FOR RENEWABLE ENERGY PRODUCTS AND TECHNOLOGY.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Energy, in consultation with
other appropriate agencies, shall report to Congress regarding the
policies of the Government of the People's Republic of China with
respect to, and the subsidies provided by the People's Republic of
China for, the development and exportation of renewable energy products
and technologies. The report shall include an analysis of the impact of
the policies and subsidies on United States manufacturers of renewable
energy products and technologies.
(b) Definitions.--
(1) Renewable energy.--The term ``renewable energy'' means
energy generated by a renewable energy resource.
(2) Renewable energy product or technology.--The term
``renewable energy product or technology'' means any product,
technology, or component of a product used in the development
or production of renewable energy.
(3) Renewable energy resource.--The term ``renewable energy
resource'' means--
(A) solar, wind, ocean, tidal, hydrokinetic, or
geothermal energy;
(B) biofuel, biomass, or hydropower; or
(C) any other renewable energy resource, as
determined by the Secretary of Energy. | China Fair Trade Act of 2010 - Amends the Trade Agreements Act of 1979 to provide that certain exceptions and waivers to the prohibition on the procurement of the products of a country that is not a party to the Agreement on Government Procurement shall not apply with respect to the procurements of products or services of the People's Republic of China.
Amends the Buy American Act to declare that certain exceptions to the Act requiring only U.S. materials be used for public use shall not apply to the procurement of Chinese made products until China becomes a party to the Agreement.
Declares that certain exceptions to Buy American requirements shall not apply to the procurement of Chinese products by the Department of Defense (DOD) until China becomes a party to such Agreement.
Amends the American Recovery and Reinvestment Act of 2009 to declare that certain exceptions to Buy American requirements under such Act shall not apply to the procurement of Chinese steel and products until China becomes a party to the Agreement.
Requires the Secretary of Commerce to report to Congress on the productive capacity of the major industrial sectors in China.
Directs the Secretary of Energy to report to Congress on: (1) Chinese policies and the subsidies China provides in the development and exportation of renewable energy products and technologies; and (2) the impact such policies and subsidies have on U.S. manufacturers of such products and technologies. | {"src": "billsum_train", "title": "A bill to prohibit the purchases by the Federal Government of Chinese goods and services until China agrees to the Agreement on Government Procurement, and for other purposes."} | 1,489 | 290 | 0.607889 | 1.798468 | 0.74995 | 3.146718 | 4.660232 | 0.907336 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taylor Force Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Palestinian Authority's practice of paying salaries
to terrorists serving in Israeli prisons, as well as to the
families of deceased terrorists, is an incentive to commit acts
of terror.
(2) The United States does not provide direct budgetary
support to the Palestinian Authority. The United States does
pay certain debts held by the Palestinian Authority and fund
programs which the Palestinian Authority would otherwise be
responsible for.
(3) The United States Government supports community-based
programs in the West Bank and Gaza that provide for basic human
needs, such as food, water, health, shelter, protection,
education and livelihoods, and that promote peace and
development.
(4) Since fiscal year 2015, annual appropriations
legislation has provided for the reduction of Economic Support
Fund aid for the Palestinian Authority ``by an amount the
Secretary determines is equivalent to the amount expended by
the Palestinian Authority as payments for acts of terrorism by
individuals who are imprisoned after being fairly tried and
convicted for acts of terrorism and by individuals who died
committing acts of terrorism during the previous calendar
year''.
SEC. 3. SENSE OF CONGRESS.
Congress--
(1) calls on the Palestinian Authority to stop these
payments and repeal the laws authorizing them;
(2) calls on all donor countries providing budgetary
assistance to the Palestinian Authority to cease direct
budgetary support until the Palestinian Authority stops all
payments incentivizing terror;
(3) supports the creation of a general welfare system,
available to all Palestinian citizens within the jurisdictional
control of the Palestinian Authority;
(4) urges the United States Permanent Representative to the
United Nations to use that position to highlight the issue of
Palestinian Authority payments for acts of terrorism and to
urge other member nations of the Security Council and the
General Assembly to join the United States in calling on the
Palestinian Authority to end this system immediately; and
(5) urges the Department of State to use its bilateral and
multilateral engagements with all governments and organizations
committed to the cause of peace to highlight the issue of
Palestinian Authority payments for acts of terrorism and join
the United States in calling on the Palestinian Authority to
end this system immediately.
SEC. 4. LIMITATION ON ASSISTANCE TO THE WEST BANK AND GAZA.
(a) In General.--Funds appropriated or otherwise made available for
assistance under chapter 4 of part II of the Foreign Assistance Act of
1961 (22 U.S.C. 2346 et seq.; relating to Economic Support Fund) and
available for assistance for the West Bank and Gaza that directly
benefit the Palestinian Authority may only be made available for such
purpose if the Secretary of State certifies in writing to the
appropriate congressional committees that the Palestinian Authority--
(1) is taking credible steps to end acts of violence
against Israeli citizens and United States citizens that are
perpetrated by individuals under its jurisdictional control,
such as the March 2016 attack that killed former United States
Army officer Taylor Force, a veteran of the wars in Iraq and
Afghanistan;
(2) has terminated payments for acts of terrorism against
Israeli citizens and United States citizens to any individual,
after being fairly tried, who has been imprisoned for such acts
of terrorism and to any individual who died committing such
acts of terrorism, including to a family member of such
individuals; and;
(3) has revoked any law, decree, regulation, or document
authorizing or implementing a system of compensation for
imprisoned individuals that uses the sentence or period of
incarceration of an individual to determine the level of
compensation paid.; and
(4) is publicly condemning such acts of violence and is
taking steps to investigate or is cooperating in investigations
of such acts to bring the perpetrators to justice.
(b) Exception.--The limitation on assistance under subsection (a)
shall not apply to payments made to the East Jerusalem Hospital
Network.
(c) Rule of Construction.--Amounts withheld pursuant to this
section shall be deemed to satisfy any similar withholding or reduction
required under any other provision of law.
SEC. 5. CONTINUOUS CERTIFICATION.
Funds appropriated or otherwise made available for assistance under
chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C.
2346 et seq.; relating to Economic Support Fund) and available for
assistance for the West Bank and Gaza may only be made available for
such purpose if, not later than 180 days after the date of the
enactment of this Act, and every 180 days thereafter, the Secretary of
State certifies in writing to the appropriate congressional committees
that the Palestinian Authority is taking credible and verifiable steps
to end acts of violence against Israeli citizens and United States
citizens that are perpetrated by individuals under its jurisdictional
control.
SEC. 6. PALESTINIAN AUTHORITY ACCOUNTABILITY FUND.
(a) Establishment of Fund.--There is established in the Treasury a
fund to be known as the ``Palestinian Authority Accountability Fund''
(PAAF). The PAAF shall consist of funds withheld under sections 4 and
5.
(b) Investments.--The Secretary of State shall invest funds in the
PAAF in an interest-bearing obligation of the United States Government,
or an obligation that has its principal and interest guaranteed by the
Government, that the Secretary determines has a maturity suitable for
the Fund.
(c) Use of Funds.--Funds from the PAAF may be made available upon a
certification by the Secretary of State that the Palestinian Authority
has met the conditions set forth in section 4(a).
(d) Disposition of Unused Funds.--On the date that is one year
after the date of the enactment of this Act, and annually thereafter,
all funds that are in the PAAF shall be withdrawn and made available to
the Department of State for the purpose of assistance other than that
deemed benefitting the Palestinian Authority.
SEC. 67. ANNUAL REPORT.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter, the Secretary of State
shall submit to the appropriate congressional committees a report
including at a minimum the following elements:
(1) An estimate of the amount expended by the Palestinian
Authority during the previous calendar year as payments for
acts of terrorism by individuals who are imprisoned for such
acts.
(2) An estimate of the amount expended by the Palestinian
Authority during the previous calendar year as payments to the
families of deceased individuals who committed an act of
terrorism.
(3) An overview of Palestinian laws, decrees, regulations,
or documents in effect the previous calendar year that
authorize or implement any payments reported under paragraphs
(1) and (2).
(4) A description of United States Government policy,
efforts, and engagement with the Palestinian Authority in order
to confirm the revocation of any law, decree, regulation, or
document in effect the previous calendar year that authorizes
or implements any payments reported under paragraphs (1) and
(2).
(5) A description of United States Government policy,
efforts, and engagement with other governments, and at the
United Nations, to highlight the issue of Palestinian payments
for acts of terrorism and to urge other nations to join the
United States in calling on the Palestinian Authority to end
this system immediately.
(b) Form of Report.--The report required by subsection (a) shall be
submitted in unclassified form but may include a classified annex.
SEC. 78. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this Act, the term ``appropriate congressional committees''
means--
(1) the Committee on Appropriations and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Appropriations and the Committee on
Foreign Affairs of the House of Representatives. | Taylor Force Act (Sec. 3) This bill: (1) calls on the Palestinian Authority's (PA) to stop making payments to terrorists in Israeli prisons and to the families of deceased terrorists, (2) calls on countries to cease providing direct budgetary assistance to the PA until it stops all payments incentivizing terror, (3) urges the U.S. Permanent Representative to the United Nations (U.N.) and the Department of State to highlight the issue and urge other nations to call for an end to such payments, and (4) expresses support for creation of a general welfare system for all Palestinian citizens. (Sec. 4) Certain assistance under the Foreign Assistance Act of 1961 that directly benefits the PA may not be made available for the West Bank and Gaza unless the State Department certifies that the PA: is taking steps to end acts of violence against U.S. and Israeli citizens perpetrated by individuals under its jurisdictional control, such as the March 2016 attack that killed former Army officer Taylor Force; has terminated payments for acts of terrorism against U.S. and Israeli citizens to any individual who has been fairly tried and imprisoned for such acts, to any individual who died committing such acts, and to family members of such an individual; has revoked any law, decree, or document authorizing or implementing a system of compensation for imprisoned individuals that uses the sentence or incarceration period to determine compensation; and is publicly condemning such acts and is taking steps to investigate or is cooperating in investigations to bring the perpetrators to justice. This assistance limitation shall not apply to payments made to the East Jerusalem Hospital Network. (Sec. 5) Certain assistance under such Act for the West Bank and Gaza may not be made available unless the State Department certifies every 180 days that the PA is taking verifiable steps to end acts of violence against Israeli and U.S. citizens by individuals under its jurisdictional control. (Sec. 6) The bill establishes the Palestinian Authority Accountability Fund, which shall consist of amounts withheld under this bill. Such amounts may be made available upon a State Department certification that the PA has met the conditions for which they were withheld. (Sec. 7) The State Department shall report to Congress annually with respect to: (1) PA expenditures as payments to individuals and families for acts of terrorism; (2) Palestinian laws, decrees, regulations, or documents that authorize or implement such payments and U.S. policy and engagement with the PA to confirm their revocation; and (3) U.S. policy and engagement with other governments and the U.N. to highlight such payments and urge other nations to join the United States in calling on the PA to end them. | {"src": "billsum_train", "title": "Taylor Force Act"} | 1,699 | 586 | 0.769645 | 2.655313 | 0.749239 | 3.658915 | 3.114341 | 0.910853 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Workforce Investments through Local
Libraries Act'' or the ``WILL Act''.
SEC. 2. DEFINITIONS.
Section 101 of the Workforce Investment Act of 1998 (29 U.S.C.
2801) is amended by adding at the end the following:
``(54) Digital literacy skills.--The term `digital literacy
skills' has the meaning given the term in section 202 of the
Museum and Library Services Act (20 U.S.C. 9101).''.
SEC. 3. STATE WORKFORCE INVESTMENT BOARDS.
Section 111(b)(1)(C)(v) of the Workforce Investment Act of 1998 (29
U.S.C. 2821(b)(1)(C)(v)) is amended by inserting ``, and heads of
public libraries,'' after ``organizations''.
SEC. 4. STATE PLAN.
Section 112(b)(8)(A) of the Workforce Investment Act of 1998 (29
U.S.C. 2822(b)(8)(A)) is amended--
(1) in clause (ix), by striking ``and'' at the end; and
(2) by adding at the end the following:
``(xi) employment and training activities, and
adult education and literacy activities (as defined in
section 203), provided by public libraries; and''.
SEC. 5. LOCAL WORKFORCE INVESTMENT BOARD.
Section 117(b)(2)(A)(iv) of the Workforce Investment Act of 1998
(29 U.S.C. 2832(b)(2)(A)(iv)) is amended by striking ``individuals with
disabilities and'' and inserting ``public libraries, individuals with
disabilities, and''.
SEC. 6. LOCAL PLAN.
Section 118(b) of the Workforce Investment Act of 1998 (29 U.S.C.
2833(b)) is amended--
(1) by redesignating paragraphs (6) through (10) as
paragraphs (7) through (11), respectively; and
(2) by inserting after paragraph (5) the following:
``(6) a description of how the local board will coordinate
workforce investment activities carried out in the local area
with employment and training activities, and adult education
and literacy activities (as defined in section 203), provided
by public libraries;''.
SEC. 7. WORKFORCE INVESTMENT ACTIVITIES PROVIDERS.
Section 121 of the Workforce Investment Act of 1998 (29 U.S.C.
2841) is amended--
(1) in subsection (b)(2)(B)--
(A) in clause (iv), by striking ``and'' at the end;
(B) by redesignating clause (v) as clause (vi); and
(C) by inserting after clause (iv) the following:
``(v) programs of employment and training
activities, and adult education and literacy
activities (as defined in section 203),
provided by public libraries; and''; and
(2) in subsection (d)(2)(B)--
(A) in clause (v), by striking ``and'' at the end;
(B) by redesignating clause (vi) as clause (vii);
and
(C) by inserting after clause (v) the following:
``(vi) a public library; and''.
SEC. 8. USE OF FUNDS FOR EMPLOYMENT AND TRAINING ACTIVITIES.
Section 134(d)(3) of the Workforce Investment Act of 1998 (29
U.S.C. 2864(d)(3)) is amended--
(1) in subparagraph (B)(ii), by striking ``public, private
for-profit,'' and inserting ``public service providers, which
may include public libraries, private for-profit service
providers,''; and
(2) in subparagraph (C)(vi), by inserting ``digital
literacy skills,'' after ``learning skills,''.
SEC. 9. DEMONSTRATION, PILOT, MULTISERVICE, RESEARCH, AND MULTISTATE
PROJECTS.
Section 171(b)(1) of the Workforce Investment Act of 1998 (29
U.S.C. 2916(b)(1)) is amended--
(1) by redesignating subparagraphs (B) through (H) as
subparagraphs (C) through (I), respectively; and
(2) by inserting after subparagraph (A) the following:
``(B) the establishment of employment resource
centers in public libraries to provide unemployed and
underemployed individuals access to workforce
investment activities and information related to
training services (as defined in section 134(d)(4)) and
employment opportunities, which activities may
include--
``(i) resume development activities, job
bank internet searches, and workshops on career
information;
``(ii) adult education and literacy
activities (as defined in section 203); and
``(iii) acquisition of database licenses to
improve access to career certification
activities and licensing practice tests, and to
improve workforce skills;''.
SEC. 10. EVALUATIONS.
Section 172(a) of the Workforce Investment Act of 1998 (29 U.S.C.
2917(a)) is amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) by redesignating paragraph (7) as paragraph (8); and
(3) by inserting after paragraph (6) the following:
``(7) the effectiveness of interagency collaborations and
agreements as described in section 196 in expanding access to
and improving the quality of such programs and activities;
and''.
SEC. 11. INTERAGENCY COLLABORATION AND AGREEMENTS.
Subtitle E of title I of the Workforce Investment Act of 1998 (29
U.S.C. 2931 et seq.) is amended by adding at the end the following:
``SEC. 196. INTERAGENCY COLLABORATION AND AGREEMENTS.
``(a) Interagency Collaboration.--The Secretary shall collaborate
with the heads of relevant Federal departments and agencies, including
the Secretary of Education, the Administrator of the Small Business
Administration, the Secretary of Health and Human Services, the
Secretary of Housing and Urban Development, the Secretary of
Agriculture, the Director of the Institute of Museum and Library
Services, the Director of the Office of Management and Budget, or the
designees of such heads, on initiatives, materials, or technology to
support workforce development activities.
``(b) Interagency Agreements.--The Secretary may--
``(1) enter into interagency agreements to promote or
assist with carrying out the workforce investment activities of
Federal agencies other than the Department of Labor, on either
a reimbursable or nonreimbursable basis; and
``(2) use funds appropriated under this title for the costs
of such promotion and assistance.''.
SEC. 12. ADULT EDUCATION.
Section 231(b) of the Adult Education and Family Literacy Act (20
U.S.C. 9241(b)) is amended by adding at the end the following:
``(4) Programs to promote digital literacy skills, as
defined in section 101.''. | Workforce Investments through Local Libraries Act or WILL Act - Amends the Workforce Investment Act of 1998 to define "digital literacy skills" to mean the skills associated with using technology to enable users to find, evaluate, organize, create, and communicate information. Revises requirements for member composition of state and local workforce investment boards to include heads of public libraries. Requires state workforce investment plans to include a description of the procedures states will take to assure coordination of and avoid duplication among employment and training activities, and adult education and literacy activities, provided by public libraries. Requires local workforce investment plans similarly to describe how local boards will coordinate investment activities carried out in the local area with such activities provided by public libraries. Allows a human resource program operated by a one-stop partner to include programs of employment and training activities, and adult education and literacy activities, provided by public libraries. Revises state allotment eligibility requirements to allow public libraries located in local areas to operate as one-stop centers to provide such activities. Allows public libraries, among other appropriate entities, to contract with the one-stop delivery system to deliver intensive services for employment and training for adults and dislocated workers supported by workforce investment funds. Includes development of digital literacy skills among the intensive short-term prevocational services of a one-stop delivery system. Allows demonstration and pilot, multiservice, research, and multistate projects of the Department of Labor for providing employment opportunities and training services to individuals to include the establishment of employment resource centers in public libraries to provide unemployed and underemployed individuals access to workforce investment services related to such opportunities and services. Directs the Secretary of Labor to collaborate on initiatives, materials, or technology to support workforce development activities with the heads of relevant federal departments and agencies, including the Secretary of Education, the Administrator of the Small Business Administration (SBA), the Secretary of Health and Human Services (HHS), the Secretary of Housing and Urban Development (HUD), the Secretary of Agriculture (USDA), the Director of the Institute of Museum and Library Services, and the Director of the Office of Management and Budget (OMB), or their designees. Amends the Adult Education and Family Literacy Act to require an eligible provider receiving a grant or contract to develop, implement, and improve adult education and literacy activities to use the grant or contract to establish or operate one or more programs to promote digital literacy skills. | {"src": "billsum_train", "title": "WILL Act"} | 1,626 | 513 | 0.568882 | 1.838024 | 0.761567 | 3.193966 | 2.935345 | 0.788793 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Caroline Pryce Walker Conquer
Childhood Cancer Act of 2008''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Cancer kills more children than any other disease.
(2) Each year cancer kills more children between 1 and 20 years
of age than asthma, diabetes, cystic fibrosis, and AIDS, combined.
(3) Every year, over 12,500 young people are diagnosed with
cancer.
(4) Each year about 2,300 children and teenagers die from
cancer.
(5) One in every 330 Americans develops cancer before age 20.
(6) Some forms of childhood cancer have proven to be so
resistant that even in spite of the great research strides made,
most of those children die. Up to 75 percent of the children with
cancer can now be cured.
(7) The causes of most childhood cancers are not yet known.
(8) Childhood cancers are mostly those of the white blood cells
(leukemias), brain, bone, the lymphatic system, and tumors of the
muscles, kidneys, and nervous system. Each of these behaves
differently, but all are characterized by an uncontrolled
proliferation of abnormal cells.
(9) Eighty percent of the children who are diagnosed with
cancer have disease which has already spread to distant sites in
the body.
(10) Ninety percent of children with a form of pediatric cancer
are treated at one of the more than 200 Children's Oncology Group
member institutions throughout the United States.
SEC. 3. PURPOSES.
It is the purpose of this Act to authorize appropriations to--
(1) encourage the support for pediatric cancer research and
other activities related to pediatric cancer;
(2) establish a comprehensive national childhood cancer
registry; and
(3) provide informational services to patients and families
affected by childhood cancer.
SEC. 4. PEDIATRIC CANCER RESEARCH AND AWARENESS; NATIONAL CHILDHOOD
CANCER REGISTRY.
(a) Pediatric Cancer Research and Awareness.--Subpart 1 of part C
of title IV of the Public Health Service Act (42 U.S.C. 285 et seq.) is
amended by adding at the end the following:
``SEC. 417E. PEDIATRIC CANCER RESEARCH AND AWARENESS.
``(a) Pediatric Cancer Research.--
``(1) Programs of research excellence in pediatric cancer.--The
Secretary, in collaboration with the Director of NIH and other
Federal agencies with interest in prevention and treatment of
pediatric cancer, shall continue to enhance, expand, and intensify
pediatric cancer research and other activities related to pediatric
cancer, including therapeutically applicable research to generate
effective treatments, pediatric preclinical testing, and pediatric
clinical trials through National Cancer Institute-supported
pediatric cancer clinical trial groups and their member
institutions. In enhancing, expanding, and intensifying such
research and other activities, the Secretary is encouraged to take
into consideration the application of such research and other
activities for minority, health disparity, and medically
underserved communities. For purposes of this section, the term
`pediatric cancer research' means research on the causes,
prevention, diagnosis, recognition, treatment, and long-term
effects of pediatric cancer.
``(2) Peer review requirements.--All grants awarded under this
subsection shall be awarded in accordance with section 492.
``(b) Public Awareness of Pediatric Cancers and Available
Treatments and Research.--
``(1) In general.--The Secretary may award grants to childhood
cancer professional and direct service organizations for the
expansion and widespread implementation of--
``(A) activities that provide available information on
treatment protocols to ensure early access to the best
available therapies and clinical trials for pediatric cancers;
``(B) activities that provide available information on the
late effects of pediatric cancer treatment to ensure access to
necessary long-term medical and psychological care; and
``(C) direct resource services such as educational outreach
for parents, peer-to-peer and parent-to-parent support
networks, information on school re-entry and postsecondary
education, and resource directories or referral services for
financial assistance, psychological counseling, and other
support services.
In awarding grants under this paragraph, the Secretary is
encouraged to take into consideration the extent to which an entity
would use such grant for purposes of making activities and services
described in this paragraph available to minority, health
disparity, and medically underserved communities.
``(2) Performance measurement, transparency, and
accountability.--For each grant awarded under this subsection, the
Secretary shall develop and implement metrics-based performance
measures to assess the effectiveness of activities funded under
such grant.
``(3) Informational requirements.--Any information made
available pursuant to a grant awarded under paragraph (1) shall
be--
``(A) culturally and linguistically appropriate as needed
by patients and families affected by childhood cancer; and
``(B) approved by the Secretary.
``(c) Rule of Construction.--Nothing in this section shall be
construed as being inconsistent with the goals and purposes of the
Minority Health and Health Disparities Research and Education Act of
2000 (42 U.S.C. 202 note).
``(d) Authorization of Appropriations.--For purposes of carrying
out this section and section 399E-1, there are authorized to be
appropriated $30,000,000 for each of fiscal years 2009 through 2013.
Such authorization of appropriations is in addition to the
authorization of appropriations established in section 402A with
respect to such purpose. Funds appropriated under this subsection shall
remain available until expended.''.
(b) National Childhood Cancer Registry.--Part M of title III of the
Public Health Service Act (42 U.S.C. 280e et seq.) is amended--
(1) by inserting after section 399E the following:
``SEC. 399E-1. NATIONAL CHILDHOOD CANCER REGISTRY.
``(a) In General.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention, shall award a grant to
enhance and expand infrastructure to track the epidemiology of
pediatric cancer into a comprehensive nationwide registry of actual
occurrences of pediatric cancer. Such registry shall be updated to
include an actual occurrence within weeks of the date of such
occurrence.
``(b) Informed Consent and Privacy Requirements and Coordination
With Existing Programs.--The registry established pursuant to
subsection (a) shall be subject to section 552a of title 5, United
States Code, the regulations promulgated under section 264(c) of the
Health Insurance Portability and Accountability Act of 1996, applicable
Federal and State informed consent regulations, any other applicable
Federal and State laws relating to the privacy of patient information,
and section 399B(d)(4) of this Act.''; and
(2) in section 399F(a), by inserting ``(other than section
399E-1)'' after ``this part''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Caroline Pryce Walker Conquer Childhood Cancer Act of 2008 - (Sec. 4) Amends the Public Health Service Act to require the Secretary of Health and Human Services to continue to enhance, expand, and intensify pediatric cancer research and other activities related to pediatric cancer, including therapeutically applicable research to generate effective treatments, pediatric preclinical testing, and pediatric clinical trials through National Cancer Institute-supported pediatric cancer clinical trials groups and their member institutions. Encourages the Secretary to take into consideration the application of such research and other activities for minority, health disparity, and medically underserved communities.
Authorizes the Secretary to award grants to childhood cancer professional and direct service organizations for the expansion and widespread implementation of: (1) activities that provide information on treatment protocols to ensure early access to the best available therapies and clinical trials for pediatric cancers; (2) activities that provide available information on the late effects of pediatric cancer treatment to ensure access to necessary long-term medical and psychological care; and (3) direct resource services such as educational outreach for parents, information on school reentry and postsecondary education, and resource directories or referral services for financial assistance, psychological counseling, and other support services. Encourages the Secretary to take into consideration the extent to which an entity would use such grant for purposes of making activities and services available to minority, health disparity, and medically underserved communities. Requires the Secretary to develop and implement metrics-based performance measures to assess the effectiveness of activities funded under such grants. Requires any information made available pursuant to a grant to be: (1) culturally and linguistically appropriate as needed by patients and families affected by childhood cancer; and (2) approved by the Secretary.
Authorizes appropriations for FY2009-FY2013.
Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to award a grant to enhance and expand infrastructure to track the epidemiology of pediatric cancer into a comprehensive nationwide registry of actual occurrences of pediatric cancer. Requires such registry to be updated to include an actual occurrence within weeks of the date of such occurrence. Subjects such registry to federal laws regarding records maintained on individuals, health information privacy regulations, informed consent regulations, and any other federal laws relating to the privacy of patient information. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to advance medical research and treatments into pediatric cancers, ensure patients and families have access to information regarding pediatric cancers and current treatments for such cancers, establish a national childhood cancer registry, and promote public awareness of pediatric cancer."} | 1,545 | 491 | 0.519025 | 1.690266 | 0.776671 | 5.974771 | 3.233945 | 0.947248 |
SECTION 1. USE OF SAFETY BELTS AND CHILD RESTRAINT SYSTEMS BY CHILDREN.
(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. Use of safety belts and child restraint systems by children
``(a) Definitions.--In this section, the following definitions
apply:
``(1) Child safety restraint law.--The term `child safety
restraint law' means a State law that prohibits the driver of a
passenger motor vehicle from driving the vehicle whenever there
is in the vehicle a child under the age of 16 who does not have
a safety belt properly fastened about the child's body, except
if the child is under the age of 9 and is properly secured in a
child safety seat or other appropriate restraint system in
accordance with the instructions of the manufacturer of such
seat or system.
``(2) Child safety seat.--The term `child safety seat'
means a specially designed seating system (including booster
and child safety seats) which meets the Federal motor vehicle
safety standards set forth in section 571.213 of title 49 of
the Code of Federal Regulations, as such section may be amended
from time to time, and which is either permanently affixed to a
passenger motor vehicle or is affixed to a passenger motor
vehicle by a safety belt or a universal attachment system.
``(3) Motor vehicle.--The term `motor vehicle' means a
vehicle driven or drawn by mechanical power and manufactured
primarily for use on public streets, roads, and highways, but
does not include a vehicle operated only on a rail line.
``(4) Multipurpose passenger vehicle.--The term
`multipurpose passenger vehicle' means a motor vehicle with
motive power (except a trailer), designed to carry not more
than 10 individuals, that is constructed either on a truck
chassis or with special features for occasional off-road
operation.
``(5) Passenger car.--The term `passenger car' means a
motor vehicle with motive power (except a multipurpose
passenger vehicle, motorcycle, or trailer) designed to carry
not more than 10 individuals.
``(6) Passenger motor vehicle.--The term `passenger motor
vehicle' means a passenger car or a multipurpose passenger
vehicle.
``(7) Safety belt.--The term `safety belt' means--
``(A) with respect to open-body passenger motor
vehicles, including convertibles, an occupant restraint
system consisting of a lap belt or a lap belt and a
detachable shoulder belt meeting applicable Federal
motor vehicle safety standards; and
``(B) with respect to other passenger motor
vehicles, an occupant restraint system consisting of
integrated lap and shoulder belts meeting applicable
Federal motor vehicle standards.
``(b) Transfer of Funds.--
``(1) Fiscal year 2009.--On October 1, 2008, if a State has
not enacted a child safety restraint law, the Secretary shall
transfer an amount equal to 4 percent of the funds apportioned
to the State on that date under each of paragraphs (1), (3),
and (4) of section 104(b) to the apportionment of the State
under section 402 to be used to implement a statewide
comprehensive child and other passenger protection education
program to promote child and other passenger safety, including
education programs about proper seating positions for children
in air bag equipped motor vehicles and instruction that
increases the proper use of child restraint systems.
``(2) Fiscal year 2010.--On October 1, 2009, if a State has
not enacted a child safety restraint law, the Secretary shall
transfer an amount equal to 6 percent of the funds apportioned
to the State on that date under each of paragraphs (1), (3),
and (4) of section 104(b) to the apportionment of the State
under section 402 to be used as described in paragraph (1) of
this subsection.
``(3) Fiscal year 2011.--On October 1, 2010, if a State has
not enacted a child safety restraint law, the Secretary shall
transfer an amount equal to 8 percent of the funds apportioned
to the State on that date under each of paragraphs (1), (3),
and (4) of section 104(b) to the apportionment of the State
under section 402 to be used as described in paragraph (1) of
this subsection.
``(4) Fiscal year 2012 and thereafter.--On October 1, 2011,
and each October 1 thereafter, if a State has not enacted a
child safety restraint law, the Secretary shall transfer an
amount equal to 10 percent of the funds apportioned to the
State on that date under each of paragraphs (1), (3), and (4)
of section 104(b) to the apportionment of the State under
section 402 to be used as described in paragraph (1) of this
subsection.
``(c) Federal Share.--The Federal share of the cost of a project
carried out with funds transferred under subsection (b) shall be 100
percent.
``(d) Derivation of Amount to Be Transferred.--The amount to be
transferred under subsection (b)(1), (b)(2), (b)(3), or (b)(4) may be
derived from 1 or more of the following:
``(1) The apportionment of the State under section
104(b)(1).
``(2) The apportionment of the State under section
104(b)(3).
``(3) The apportionment of the State under section
104(b)(4).
``(f) Transfer of Obligation Authority.--
``(1) In general.--If the Secretary transfers under this
section any funds to the apportionment of a State under section
402 for a fiscal year, the Secretary shall transfer an amount,
determined under paragraph (2), of obligation authority
distributed for the fiscal year to the State for Federal-aid
highways and highway safety construction programs for carrying
out projects under section 402.
``(2) Amount.--The amount of obligation authority referred
to in paragraph (1) shall be determined by multiplying--
``(A) the amount of funds transferred under this
section to the apportionment of the State under section
402 for the fiscal year; by
``(B) the ratio that--
``(i) the amount of obligation authority
distributed for the fiscal year to the State
for Federal-aid highways and highway safety
construction programs; bears to
``(ii) the total of the sums apportioned to
the State for Federal-aid highways and highway
safety construction programs (excluding sums
not subject to any obligation limitation) for
the fiscal year.
``(g) Limitation on Applicability of Obligation Limitation.--
Notwithstanding any other provision of law, no limitation on the total
of obligations for highway safety programs under section 402 shall
apply to funds transferred under this section to the apportionment of a
State under such section.''.
(b) Conforming Amendment.--The analysis for such subchapter is
amended by adding at the end the following:
``165. Use of safety belts and child restraint systems by children.''. | Amends Federal highway law to direct the Secretary of Transportation to transfer a specified percentage of Federal-aid highway program funds apportioned to a State to its apportionment of highway safety program funds, if the State has not enacted a child safety restraint law. Requires the State to use such transferred funds to implement a statewide comprehensive child and other passenger protection education program to promote child and other passenger safety, including education programs about proper seating positions for children in air bag-equipped motor vehicles and instruction that increases the proper use of child restraint systems. | {"src": "billsum_train", "title": "To amend title 23, United States Code, relating to the use of safety belts and child restraint systems by children, and for other purposes."} | 1,631 | 130 | 0.494254 | 1.196936 | 0.34596 | 4.349515 | 14.203883 | 0.932039 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Narcotics Control
Corrections Act of 1994''.
TITLE I--INTERNATIONAL NARCOTICS CONTROL
SEC. 101. AMENDMENTS TO THE FOREIGN ASSISTANCE ACT OF 1961.
(a) Use of Herbicides for Aerial Eradication.--Section 481(d) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2291(d)) is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraphs (3) and (4) as paragraphs (2)
and (3), respectively.
(b) Definitions.--Section 481(e) of that Act (22 U.S.C. 2291(e)) is
amended--
(1) in the matter preceding paragraph (1), by striking ``Except
as provided in sections 490 (h) and (i) with respect to the
definition of major illicit drug producing country and major drug-
transit country, for'' and inserting ``For'';
(2) by amending paragraph (2) to read as follows:
``(2) the term `major illicit drug producing country' means a
country in which--
``(A) 1,000 hectares or more of illicit opium poppy is
cultivated or harvested during a year;
``(B) 1,000 hectares or more of illicit coca is cultivated
or harvested during a year; or
``(C) 5,000 hectares or more of illicit cannabis is
cultivated or harvested during a year, unless the President
determines that such illicit cannabis production does not
significantly affect the United States;'';
(3) by striking ``; and'' at the end of paragraph (5);
(4) by redesignating paragraph (6) as paragraph (8); and
(5) by inserting after paragraph (5) the following newP
paragraphs:
``(6) the term `precursor chemical' has the same meaning as the
term `listed chemical' has under paragraph (33) of section 102 of
the Controlled Substances Act (21 U.S.C. 802(33));
``(7) the term `major money laundering country' means a country
whose financial institutions engage in currency transactions
involving significant amounts of proceeds from international
narcotics trafficking; and''.
(c) Advance Notification of Transfer of Seized Assets.--Section 482
of that Act (22 U.S.C. 2291a) is amended by adding at the end the
following new subsection:
``(e) Advance Notification of Transfer of Seized Assets.--The
President shall notify the appropriate congressional committees at
least 10 days prior to any transfer by the United States Government to
a foreign country for narcotics control purposes of any property or
funds seized by or otherwise forfeited to the United States Government
in connection with narcotics-related activity.''.
(d) Reallocation of Funds Withheld From Countries Which Fail To
Take Adequate Steps To Halt Illicit Drug Production or Trafficking.--
Section 486 of that Act (22 U.S.C. 2291e) is amended--
(1) by striking ``(a) Additional Assistance for Countries
Taking Significant Steps.--'';
(2) by striking ``security assistance'' in the matter preceding
paragraph (1) of subsection (a) and inserting ``assistance under
this Act'';
(3) in paragraph (2) of subsection (a)--
(A) in the heading, by striking ``Security'' and inserting
``Other''; and
(B) by striking ``security''; and
(4) by striking subsection (b).
(e) Prohibition on Assistance to Drug Traffickers.--Section
487(a)(1) of that Act (22 U.S.C. 2291f(a)(1)) is amended by inserting
``to'' after ``relating''.
(f) Reporting Requirements.--
(1) In general.--Section 489 of that Act (22 U.S.C. 2291h) is
amended--
(A) in the section heading, by striking ``for fiscal years
1993 and 1994'' and inserting ``for fiscal year 1995'';
(B) in subsection (a)--
(i) in the matter preceding paragraph (1), by striking
``April 1'' and inserting ``March 1''; and
(ii) in paragraph (3)--
(I) by striking subparagraph (B); and
(II) by redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively;
(C) by striking subsection (c);
(D) by redesignating subsection ``(d)'' as subsection
``(c)''; and
(E) by amending subsection (c) (as redesignated) to read as
follows:
``(c) Effective Date of Sections.--This section applies only during
fiscal year 1995. Section 489A does not apply during that fiscal
year.''.
(2) Conforming amendment.--Section 489A of that Act (22 U.S.C.
2291i) is amended in the section heading by striking ``1994'' and
inserting ``1995''.
(g) Annual Certification Procedures.--
(1) In general.--Section 490 of that Act (22 U.S.C. 2291j) is
amended--
(A) in the section heading, by striking ``for fiscal years
1993 and 1994'' and inserting ``for fiscal year 1995'';
(B) in subsection (a)(1), by striking ``(as determined
under subsection (h))'';
(C) in subsection (a)(2), by striking ``April 1'' and
inserting ``March 1'';
(D) in subsection (c), by striking ``that such country has
taken adequate steps'' and all that follows and inserting
``that such country maintains licit production and stockpiles
at levels no higher than those consistent with licit market
demand, and has taken adequate steps to prevent significant
diversion of its licit cultivation and production into the
illicit markets and to prevent illicit cultivation and
production.'';
(E) in subsection (d), by striking ``45'' and inserting
``30'';
(F) in subsection (g)--
(i) by striking ``Congressional'' and all that follows
through ``(1) Senate.--'' and inserting ``Senate
Procedures.--''; and
(ii) by striking paragraph (2);
(G) in subsection (h)--
(i) in the heading, by striking ``for Fiscal Years 1993
and 1994''; and
(ii) by striking ``January 1'' and inserting ``November
1''; and
(H) by amending subsection (i) to read as follows:
``(i) Effective Date of Sections.--This section applies only during
fiscal year 1995. Section 490A does not apply during that fiscal
year.''.
(2) Conforming amendment.--Section 490A of that Act (22 U.S.C.
2291k) is amended--
(A) in the section heading, by striking ``1994'' and
inserting ``1995''; and
(B) in the heading of subsection (g), by striking ``1994''
and inserting ``1995''.
SEC. 102. CONFORMING AMENDMENTS TO OTHER LAWS.
(a) Export-Import Bank Act.--Section 2(b)(6)(C)(ii) of the Export-
Import Bank Act of 1945 (22 U.S.C. 635(b)(6)(C)(ii)) is amended by
striking ``determined under section 490(h) or 481(e), as appropriate,''
and inserting ``defined in section 481(e)''.
(b) Title 18, U.S.C.--Section 981(i)(1)(C) of title 18, United
States Code, is amended by striking ``paragraph (1)(A) of section
481(h)'' and inserting ``section 490(a)(1)''.
(c) Tariff Act of 1930.--Section 616(c)(2)(C) of the Tariff Act of
1930 (19 U.S.C. 1616a(c)(2)(C)) is amended by striking ``481(h)'' and
inserting ``490(b)''.
(d) Controlled Substances Act.--Section 511(e)(1)(E) of the
Controlled Substances Act (21 U.S.C. 881(e)(1)(E)) is amended by
striking ``481(h)'' and inserting ``490(b)''.
SEC. 103. REPEAL OF OBSOLETE PROVISIONS.
(a) 1992 International Narcotics Control Act.--The International
Narcotics Control Act of 1992 (Public Law 102-583) is repealed.
(b) 1988 International Narcotics Control Act.--The International
Narcotics Control Act of 1988 (which is title IV of the Anti-Drug Abuse
Act of 1988; Public Law 100-690) is repealed except for the title
heading and section 4702 (a) through (f).
(c) 1986 International Narcotics Control Act.--The International
Narcotics Control Act of 1986 (which is title II of the Anti-Drug Abuse
Act of 1986; Public Law 99-570) is repealed except for the title
heading and section 2018.
SEC. 104. EXEMPTION OF NARCOTICS-RELATED MILITARY ASSISTANCE FOR
FISCAL YEAR 1995 FROM PROHIBITION ON ASSISTANCE FOR LAW
ENFORCEMENT AGENCIES.
(a) Exemption.--For fiscal year 1995, section 660 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2420) shall not apply with respect
to--
(1) transfers of excess defense articles under section 517 of
that Act (22 U.S.C. 2321k);
(2) funds made available for the ``Foreign Military Financing
Program'' under section 23 of the Arms Export Control Act (22
U.S.C. 2763) that are used for assistance provided for narcotics-
related purposes; or
(3) international military education and training under chapter
5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347
and following) that is provided for narcotics-related purposes.
(b) Notification to Congress.--At least 15 days before any transfer
under subsection (a)(1) or any obligation of funds under subsection
(a)(2) or (a)(3), the President shall notify the appropriate
congressional committees (as defined in section 481(e) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2291(e)) in accordance with the
procedures applicable to reprogramming notifications under section 634A
of that Act (22 U.S.C. 2394).
(c) Coordination With International Narcotics Control Assistance
Program.--Assistance provided pursuant to this section shall be
coordinated with international narcotics control assistance under
chapter 8 of part 1 of the Foreign Assistance Act of 1961 (22 U.S.C.
2291 et seq.).
SEC. 105. WAIVER OF RESTRICTIONS FOR NARCOTICS-RELATED ECONOMIC
ASSISTANCE.
For fiscal year 1995, narcotics-related assistance under part I of
the Foreign Assistance Act of 1961 may be provided notwithstanding any
other provision of law that restricts assistance to foreign countries
(other than section 490(e) of that Act (22 U.S.C. 2291j(e)) if, at
least 15 days before obligating funds for such assistance, the
President notifies the appropriate congressional committees (as defined
in section 481(e) of that Act (22 U.S.C. 2291(e)) in accordance with
the procedures applicable to reprogramming notifications under section
634A of that Act (22 U.S.C. 2394).
SEC. 106. AUTHORITY FOR ANTICRIME ASSISTANCE.
(a) Policy.--International criminal activities, including
international narcotics trafficking, money laundering, smuggling, and
corruption, endanger political and economic stability and democratic
development, and assistance for the prevention and suppression of
international criminal activities should be a priority for the United
States.
(b) Authority.--
(1) In general.--For fiscal year 1995, the President is
authorized to furnish assistance to any country or international
organization, on such terms and conditions as he may determine, for
the prevention and suppression of international criminal
activities.
(2) Waiver of prohibition of police training.--Section 660 of
the Foreign Assistance Act of 1961 (22 U.S.C. 2420) shall not apply
with respect to assistance furnished under paragraph (1).
SEC. 107. ASSISTANCE TO DRUG TRAFFICKERS.
The President shall take all reasonable steps provided by law to
ensure that the immediate relatives of any individual described in
section 487(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2291f(a)), and the business partners of any such individual or of any
entity described in such section, are not permitted entry into the
United States, consistent with the provisions of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
TITLE II--NATO PARTICIPATION ACT OF 1994
SEC. 201. SHORT TITLE.
This title may be cited as the ``NATO Participation Act of 1994''.
SEC. 202. SENSE OF THE CONGRESS.
It is the sense of the Congress that--
(1) the leaders of the NATO member nations are to be commended
for reaffirming that NATO membership remains open to Partnership
for Peace countries emerging from communist domination and for
welcoming eventual expansion of NATO to include such countries;
(2) full and active participants in the Partnership for Peace
in a position to further the principles of the North Atlantic
Treaty and to contribute to the security of the North Atlantic area
should be invited to become full NATO members in accordance with
Article 10 of such Treaty at an early date, if such participants--
(A) maintain their progress toward establishing democratic
institutions, free market economies, civilian control of their
armed forces, and the rule of law; and
(B) remain committed to protecting the rights of all their
citizens and respecting the territorial integrity of their
neighbors;
(3) the United States, other NATO member nations, and NATO
itself should furnish appropriate assistance to facilitate the
transition to full NATO membership at an early date of full and
active participants in the Partnership for Peace; and
(4) in particular, Poland, Hungary, the Czech Republic, and
Slovakia have made significant progress toward establishing
democratic institutions, free market economies, civilian control of
their armed forces, and the rule of law since the fall of their
previous communist governments.
SEC. 203. AUTHORITY FOR PROGRAM TO FACILITATE TRANSITION TO NATO
MEMBERSHIP.
(a) In General.--The President may establish a program to assist
the transition to full NATO membership of Poland, Hungary, the Czech
Republic, Slovakia, and other Partnership for Peace countries emerging
from communist domination designated pursuant to subsection (d).
(b) Conduct of Program.--The program established under subsection
(a) shall facilitate the transition to full NATO membership of the
countries described in such subsection by supporting and encouraging,
inter alia--
(1) joint planning, training, and military exercises with NATO
forces;
(2) greater interoperability of military equipment, air defense
systems, and command, control, and communications systems; and
(3) conformity of military doctrine.
(c) Type of Assistance.--In carrying out the program established
under subsection (a), the President may provide to the countries
described in such subsection the following types of security
assistance:
(1) The transfer of excess defense articles under section 516
of the Foreign Assistance Act of 1961, without regard to the
restrictions in paragraphs (1) through (3) of subsection (a) of
such section (relating to the eligibility of countries for such
articles under such section).
(2) The transfer of nonlethal excess defense articles under
section 519 of the Foreign Assistance Act of 1961, without regard
to the restriction in subsection (a) of such section (relating to
the justification of the foreign military financing program for the
fiscal year in which a transfer is authorized).
(3) Assistance under chapter 5 of part II of the Foreign
Assistance Act of 1961 (relating to international military
education and training).
(4) Assistance under section 23 of the Arms Export Control Act
(relating to the ``Foreign Military Financing Program'').
(d) Designation of Partnership for Peace Countries Emerging From
Communist Domination.--The President may designate countries emerging
from communism and participating in the Partnership for Peace,
especially Poland, Hungary, the Czech Republic, and Slovakia, to
receive assistance under the program established under subsection (a)
if the President determines and reports to the Committee on Foreign
Affairs of the House of Representatives and the Committee on Foreign
Relations of the Senate that such countries--
(1) are full and active participants in the Partnership for
Peace;
(2) have made significant progress toward establishing
democratic institutions, a free market economy, civilian control of
their armed forces, and the rule of law;
(3) are likely in the near future to be in a position to
further the principles of the North Atlantic Treaty and to
contribute to the security of the North Atlantic area; and
(4) are not selling or transferring defense articles to a state
that has repeatedly provided support for acts of international
terrorism, as determined by the Secretary of State under section
6(j) of the Export Administration Act of 1979.
(e) Notification.--At least 15 days before designating any country
pursuant to subsection (d), the President shall notify the appropriate
congressional committees in accordance with the procedures applicable
under section 634A of the Foreign Assistance Act of 1961.
(f) Determination.--It is hereby determined that Poland, Hungary,
the Czech Republic, and Slovakia meet the criteria required in
paragraphs (1), (2), and (3) of subsection (d).
SEC. 204. ADDITIONAL AUTHORITIES.
(a) Arms Export Control Act.--The President is authorized to
exercise the authority of sections 63 and 65 of the Arms Export Control
Act with respect to any country designated under section 203(d) of this
title on the same basis authorized with respect to NATO countries.
(b) Other NATO Authorities.--The President should designate any
country designated under section 203(d) of this title as eligible under
sections 2350c and 2350f of title 10, United States Code.
(c) Sense of Congress.--It is the sense of Congress that, in the
interest of maintaining stability and promoting democracy in Poland,
Hungary, the Czech Republic, Slovakia, and any other Partnership for
Peace country designated under section 203(d) of this title, those
countries should be included in all activities under section 2457 of
title 10, United States Code, related to the increased standardization
and enhanced interoperability of equipment and weapons systems, through
coordinated training and procurement activities, as well as other
means, undertaken by the North Atlantic Treaty Organization members and
other allied countries.
SEC. 205. REPORTING REQUIREMENT.
The President shall include in the report required by section
514(a) of Public Law 103-236 (22 U.S.C. 1928 note) the following:
(1) A description of all assistance provided under the program
established under section 203(a), or otherwise provided by the
United States Government to facilitate the transition to full NATO
membership of Poland, Hungary, the Czech Republic, Slovakia, and
other Partnership for Peace countries emerging from communist
domination designated pursuant to section 203(d).
(2) A description, on the basis of information received from
the recipients and from NATO, of all assistance provided by other
NATO member nations or NATO itself to facilitate the transition to
full NATO membership of Poland, Hungary, the Czech Republic,
Slovakia, and other Partnership for Peace countries emerging from
communist domination designated pursuant to section 203(d).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | TABLE OF CONTENTS:
Title I: International Narcotics Control
Title II: NATO Participation Act of 1994
International Narcotics Control Corrections Act of 1994 -
Title I: International Narcotics Control
- Amends the Foreign Assistance Act of 1961 to redefine a "major illicit drug producing country" as a country in which 1,000 hectares or more of illicit opium poppy or coca is cultivated or harvested annually or 5,000 hectares or more of illicit cannabis is cultivated or harvested annually unless the President determines that such cannabis production does not significantly affect the United States.
Provides for advance notification to the appropriate congressional committees of any transfer by the Government to a foreign country, for narcotics control purposes, of property or funds seized or forfeited in connection with narcotics-related activities.
Reallocates foreign assistance (currently, security assistance) withheld from countries that fail to take adequate steps to halt illicit drug production or trafficking.
Extends certain international narcotics control strategy reporting requirements and annual certification procedures for FY 1993 and 1994 through FY 1995. Makes such requirements and procedures currently applicable after September 30, 1994, effective after September 30, 1995 (the beginning of FY 1996).
Repeals specified international narcotics control Acts.
Exempts specified narcotics control-related transfers of excess defense articles, foreign military financing, and international military education and training from a prohibition on assistance to foreign law enforcement agencies.
Waives all restrictions on assistance (except for countries that are "decertified" under narcotics control certification provisions) with respect to narcotics-related assistance provided during FY 1995 if the President notifies the appropriate congressional committees in advance.
Authorizes the President to furnish assistance to any country or international organization during FY 1995 for the prevention and suppression of international criminal activities. Exempts such assistance from the prohibition on assistance to foreign law enforcement agencies.
Requires the President to take steps to ensure that the immediate relatives of any individual involved in drug trafficking are not permitted entry into the United States consistent with the Immigration and Nationality Act.
Title II: NATO Participation Act of 1994
- NATO Participation Act of 1994 - Authorizes the President to establish a program to assist the transition to full North Atlantic Treaty Organization (NATO) membership of Poland, Hungary, the Czech Republic, Slovakia, and other designated Partnership for Peace countries.
Permits the President, in carrying out such program, to provide excess defense articles, international military education and training, and foreign military financing assistance to such countries. | {"src": "billsum_train", "title": "International Narcotics Control Corrections Act of 1994"} | 4,594 | 559 | 0.569383 | 1.766253 | 0.678484 | 3.243697 | 8.214286 | 0.894958 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Caregiver Credit Act
of 2017''.
SEC. 2. FINDINGS AND SENSE OF THE SENATE.
(a) Findings.--Congress finds that:
(1) Caregiving is an essential element of family life and a
vital service for children, the ill, the disabled, and the
elderly.
(2) The establishment of a caregiver credit would bolster
the economic prospects of unpaid caregivers and would provide
them with vital retirement security.
(3) The 2015 Annual Report of the Board of Trustees of the
Federal Old-Age and Survivors Insurance and Federal Disability
Insurance Trust Funds concluded that the combined Trust Funds
will be able to pay scheduled benefits in full until 2034.
(4) While there is no immediate crisis, policy options
should be considered to extend OASDI solvency, including by
eradicating the gender wage gap, increasing overall employment,
or increasing the minimum wage.
(b) Sense of the Senate.--It is the sense of Senate that the United
States Congress must address the unfair exclusion of professional and
hardworking home care providers who are not eligible to receive Social
Security or Medicare because they provide paid care to a family member
with a disability under programs operated at the State and local level
for general health and welfare protection.
SEC. 3. DEEMED WAGES FOR CAREGIVERS OF DEPENDENT RELATIVES.
(a) In General.--Title II of the Social Security Act is amended by
adding after section 234 (42 U.S.C. 434) the following new section:
``deemed wages for caregivers of dependent relatives
``Sec. 235. (a) Definitions.--For purposes of this section--
``(1)(A) Subject to subparagraph (B), the term `qualifying
month' means, in connection with an individual, any month--
``(i) beginning after the date which is 60 months
prior to the date of the enactment of the Social
Security Caregiver Credit Act of 2017, and
``(ii) during which such individual was engaged for
not less than 80 hours in providing care to a dependent
relative without monetary compensation.
``(B) The term `qualifying month' does not include any
month ending after the date on which such individual attains
retirement age (as defined in section 216(l)).
``(2) The term `dependent relative' means, in connection
with an individual--
``(A) a child, grandchild, niece, or nephew (of
such individual or such individual's spouse or domestic
partner), or a child to which the individual or the
individual's spouse or domestic partner is standing in
loco parentis, who is under the age of 12, or
``(B) a child, grandchild, niece, or nephew (of
such individual or such individual's spouse or domestic
partner), a child to which the individual or the
individual's spouse or domestic partner is standing in
loco parentis, a parent, grandparent, sibling, aunt, or
uncle (of such individual or his or her spouse or
domestic partner), or such individual's spouse or
domestic partner, if such child, grandchild, niece,
nephew, parent, grandparent, sibling, aunt, uncle,
spouse, or domestic partner is a chronically dependent
individual.
``(3)(A) The term `chronically dependent individual' means
an individual who--
``(i) is dependent on a daily basis on verbal
reminding, physical cueing, supervision, or other
assistance provided to the individual by another person
in the performance of at least two of the activities of
daily living (described in subparagraph (B)) or
instrumental activities of daily living (described in
subparagraph (C)), and
``(ii) without the assistance described in clause
(i), could not perform such activities of daily living
or instrumental activities of daily living.
``(B) The `activities of daily living' referred to in
subparagraph (A) means basic personal everyday activities,
including--
``(i) Eating.
``(ii) Bathing.
``(iii) Dressing.
``(iv) Toileting.
``(v) Transferring in and out of a bed or in and
out of a chair.
``(C) The `instrumental activities of daily living'
referred to in subparagraph (A) means activities related to
living independently in the community, including--
``(i) Meal planning and preparation.
``(ii) Managing finances.
``(iii) Shopping for food, clothing, or other
essential items.
``(iv) Performing essential household chores.
``(v) Communicating by phone or other form of
media.
``(vi) Traveling around and participating in the
community.
``(b) Deemed Wages of Caregiver.--(1)(A) For purposes of
determining entitlement to and the amount of any monthly benefit for
any month after December 2017, or entitlement to and the amount of any
lump-sum death payment in the case of a death after such month, payable
under this title on the basis of the wages and self-employment income
of any individual, and for purposes of section 216(i)(3), such
individual shall be deemed to have been paid during each qualifying
month (in addition to wages or self-employment income actually paid to
or derived by such individual during such month) at an amount per month
equal to--
``(i) in the case of a qualifying month during which no
wages or self-employment income were actually paid to or
derived by such individual, 50 percent of the national average
wage index (as defined in section 209(k)(1)) for the second
calendar year preceding the calendar year in which such month
occurs; and
``(ii) in the case of any other qualifying month, the
excess of the amount determined under clause (i) over \1/2\ of
the wages or self-employment income actually paid to or derived
by such individual during such month.
``(B) In any case in which there are more than 60 qualifying months
for an individual, only the last 60 of such months shall be taken into
account for purposes of this section.
``(2) Paragraph (1) shall not be applicable in the case of any
monthly benefit or lump-sum death payment if a larger such benefit or
payment, as the case may be, would be payable without its application.
``(c) Rules and Regulations.--
``(1) Not later than one year after the date of the
enactment of this section, the Commissioner of Social Security
shall promulgate such regulations as are necessary to carry out
this section and to prevent fraud and abuse with respect to the
benefits under this section, including regulations establishing
procedures for the application and certification requirements
described in paragraph (2).
``(2) A qualifying month shall not be taken into account
under this section with respect to an individual unless--
``(A) the individual submits to the Commissioner of
Social Security an application for benefits under this
section that includes--
``(i) the name and identifying information
of the dependent relative with respect to whom
the individual was engaged in providing care
during such month;
``(ii) if the dependent relative is not a
child under the age of 12, documentation from
the physician of the dependent relative
explaining why the dependent relative is a
chronically dependent individual; and
``(iii) such other information as the
Commissioner may require to verify the status
of the dependent relative; and
``(B) for every qualifying month or period of up to
12 consecutive qualifying months that occurs after the
first period of 12 consecutive qualifying months, the
individual certifies, in such form and manner as the
Commissioner shall require, that the information
provided in the individual's application for benefits
under this section has not changed.''.
(b) Conforming Amendment.--Section 209(k)(1) of such Act (42 U.S.C.
409(k)(1)) is amended--
(1) by striking ``and'' before ``230(b)(2)'' the first time
it appears; and
(2) by inserting ``and 235(b)(1)(A)(i),'' after ``1977),''.
SEC. 4. PROMOTING STATE PROGRAMS TO PROVIDE MEDICAL TRAINING TO
CAREGIVERS.
(a) In General.--The Secretary of Health and Human Services is
authorized to make grants to States to support State programs that
provide medical training to individuals who provide care to dependent
relatives without monetary compensation.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section. | Social Security Caregiver Credit Act of 2017 This bill amends title II (Old Age, Survivors, and Disability Insurance) (OASDI) of the Social Security Act, for purposes of determining OASDI benefits, to credit individuals who serve as caregivers of dependent relatives with deemed wages for up to five years of such service. Specifically, an individual shall be deemed to have been paid a wage (according to a specified formula) during each month in which the individual was engaged for at least 80 hours in providing care to a dependent relative without monetary compensation. However, this requirement shall not apply if a larger benefit or payment would otherwise be payable. The bill also authorizes the Department of Health and Human Services to make grants to support state programs that provide medical training to individuals who provide care to dependent relatives without monetary compensation. | {"src": "billsum_train", "title": "Social Security Caregiver Credit Act of 2017"} | 1,932 | 197 | 0.51907 | 1.483958 | 0.73429 | 3.296774 | 11.645161 | 0.883871 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gambling Impact Study Commission
Act''.
SEC. 2. FINDINGS.
Congress finds that:
(1) Many State and local governments and Native American
tribal governments support development of a gambling industry
as a source of jobs and additional revenue.
(2) The benefits to residents and communities of revenue
generated by gambling bring problems as well as benefits.
SEC. 3. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as the Gambling Impact Study Commission (hereafter in this Act referred
to as the ``Commission'').
(b) Membership.--
(1) Composition.--The Commission shall be composed of 9
members of whom--
(A) 3 shall be appointed by the President;
(B) 3 shall be appointed by the President pro
tempore of the Senate, upon the recommendation of the
majority and minority leaders of the Senate; and
(C) 3 shall be appointed by the Speaker of the
House of Representatives, in consultation with the
minority leader of the House of Representatives.
(c) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as the
original appointment.
(d) Initial Meeting.--No later than 30 days after the date on which
all members of the Commission have been appointed, the Commission shall
hold its first meeting as directed by the President.
(e) Meetings.--After the initial meeting, the Commission shall meet
at the call of the Chairman.
(f) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
(g) Chairman and Vice Chairman.--The Commission shall select a
Chairman and Vice Chairman from among its members.
SEC. 4. DUTIES OF THE COMMISSION.
(a) Study.--
(1) In general.--The Commission shall conduct a thorough
study of all matters relating to the impact of gambling on
States, political subdivisions of States, and Native American
tribes.
(2) Matters studied.--The matters studied by the Commission
shall include--
(A) the impact of gambling on States, political
subdivisions of States, and Native American tribes; and
(B) possible alternative sources of revenue for
States, political subdivisions of States, and Native
American Indian tribes.
(b) Report.--No later than 18 months after the date of the
enactment of this Act, the Commission shall submit a report to the
President and the Congress which shall contain a detailed statement of
the findings and conclusions of the Commission, together with its
recommendations for such legislation and administrative actions as it
considers appropriate.
SEC. 5. POWERS OF THE COMMISSION.
(a) Hearings.--The Commission may hold such hearings, sit and act
at such times and places, take such testimony, and receive such
evidence as the Commission considers advisable to carry out the
purposes of this Act.
(b) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out the provisions of this Act.
Upon request of the Chairman of the Commission, the head of such
department or agency shall furnish such information to the Commission.
SEC. 6. COMMISSION PERSONNEL MATTERS.
(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 Chairman of the Commission 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
Commission to perform its duties. The employment of an
executive director shall be subject to confirmation by the
Commission.
(2) Compensation.--The executive director shall be
compensated at $75,000 annually. The Chairman of the Commission
may fix the compensation of other personnel without regard to
the provisions of chapter 51 and subchapter III of chapter 53
of title 5, United States Code, relating to classification of
positions and General Schedule pay rates, except that the rate
of pay for such 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
Chairman of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level V of the Executive Schedule
under section 5316 of such title.
SEC. 7. TERMINATION OF THE COMMISSION.
The Commission shall terminate 90 days after the date on which the
Commission submits its report under section 4.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated $250,000 to
the Commission to carry out the purposes of this Act.
(b) Availability.--Any sums appropriated under the authorization
contained in this section shall remain available, without fiscal year
limitation, until expended. | Gambling Impact Study Commission Act - Establishes the Gambling Impact Study Commission to study all matters relating to the impact of gambling on States, political subdivisions of States, and Native American tribes for a report to the Congress and the President. Authorizes appropriations. | {"src": "billsum_train", "title": "Gambling Impact Study Commission Act"} | 1,370 | 61 | 0.63836 | 1.444889 | 0.772803 | 5.333333 | 26.270833 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dollar-for-Dollar Deficit Reduction
Act''.
SEC. 2. AMENDMENT TO TITLE 31.
(a) In General.--Subchapter I of chapter 31 of title 31, United
States Code, is amended by inserting after section 3101A the following:
``Sec. 3101B. Debt limit control
``(a) Declaration of a Debt Limit Warning.--
``(1) In general.--In the event of a near breach of the
public debt limit established by section 3101, the Secretary of
the Treasury shall issue a debt limit warning to the Committee
on Finance of the Senate and the Committee on Ways and Means of
the House of Representatives that shall include a determination
as to when extraordinary measures may be necessary in order to
prolong the funding of the United States Government.
``(2) Definitions.--In this subsection:
``(A) Extraordinary measures.--The term
`extraordinary measures' means measures that may be
taken by the Secretary of the Treasury in the event of
a breach of the debt limit by the United States to
prolong the function of the United States Government in
the absence of a debt limit increase.
``(B) Near breach.--The term `near breach' means
the point at which the Secretary of the Treasury
determines that the United States Government will reach
the statutorily prescribed debt limit within 60
calendar days notwithstanding the implementation of
extraordinary measures.
``(b) Presidential Submission of Debt Limit Legislation.--
``(1) Savings recommendations from the president.--Any
formal Presidential request to increase the debt limit under
this section shall include the amount of the proposed debt
limit increase and be accompanied by proposed legislation to
reduce spending over the sum of the current and following 10
years by an amount equal to or greater than the amount of the
requested debt limit increase. Net interest savings may not be
counted towards spending reductions required by this paragraph.
``(2) Calculation.--The spending savings under paragraph
(1) shall be calculated against a budget baseline consistent
with section 257 of the Balanced Budget and Emergency Deficit
Control Act of 1985. This baseline shall exclude the
extrapolation of any spending that had been enacted under an
emergency designation.''.
(b) Subchapter Analysis.--The table of sections for chapter 31 of
title 31, United States Code, is amended by inserting after the item
for section 3101A the following:
``3101B. Debt limit control.''.
SEC. 3. CONGRESSIONAL REQUIREMENT TO RESTRAIN SPENDING WHILE RAISING
THE DEBT LIMIT.
(a) In General.--Title III of the Congress and Budget Act of 1974
(2 U.S.C. 631 et seq.) is amended by inserting at the end the
following:
``SEC. 316. DEBT LIMIT INCREASE POINT OF ORDER.
``(a) In General.--
``(1) Point of order.--Except as provided in subsection
(b), it shall not be in order in the Senate or the House of
Representatives to consider any bill, joint resolution,
amendment, motion, or conference report that increases the
statutory debt limit unless the bill contains net spending
reductions of an equal or greater amount over the sum of the
current and next 10 fiscal years. Net interest savings may not
be counted towards spending reductions required by this
paragraph.
``(2) Components of net spending reduction.--
``(A) Calculation.--The savings resulting from the
proposed spending reductions under paragraph (1) shall
be calculated by the Congressional Budget Office
against a budget baseline consistent with section 257
of the Balanced Budget and Emergency Deficit Control
Act of 1985. This baseline shall exclude the
extrapolation of any spending that had been enacted
under an emergency designation.
``(B) Availability.--The Senate and the House of
Representatives may not vote on any bill, joint
resolution, amendment, motion, or conference report
that increases the public debt limit unless the cost
estimate of that measure prepared by the Congressional
Budget Office has been publicly available on the Web
site of the Congressional Budget Office for at least 24
hours.
``(C) Prohibit timing shifts.--Any provision that
shifts outlays or revenues from within the 10-year
window to outside the window shall not count towards
the budget savings target for purposes of this
subsection.
``(b) Senate Supermajority Waiver and Appeal.--
``(1) Waiver.--In the Senate, subsection (a)(1) may be
waived or suspended only by an affirmative vote of three-fifths
of the Members, duly chosen and sworn.
``(2) Appeal.--An affirmative vote of three-fifths of the
Members of the Senate, duly chosen and sworn, shall be required
to sustain an appeal of the ruling of the Chair on a point of
order raised under subsection (a)(1).''.
(b) 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 section 315 the following new item:
``Sec. 316. Debt limit increase point of order.''. | Dollar-for-Dollar Deficit Reduction Act This bill requires the Department of the Treasury to issue a debt limit warning to Congress if Treasury determines that the United States will reach the statutory debt limit within 60 days. The warning must include a determination of when extraordinary measures may be necessary to prolong the funding of the U.S. government in the absence of a debt limit increase. Any formal Presidential request to increase the debt limit must include: (1) the amount of the proposed increase, and (2) proposed legislation to reduce spending over the sum of the current and following 10 years by at least the amount of the requested increase. The bill amends the Congressional Budget Act of 1974 to create a point of order in the House and Senate against legislation increasing the debt limit, unless the legislation reduces spending over the sum of the current and following 10 years by at least the amount of the increase. | {"src": "billsum_train", "title": "Dollar-for-Dollar Deficit Reduction Act"} | 1,192 | 189 | 0.633209 | 1.582393 | 0.727359 | 4.255682 | 5.920455 | 0.926136 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Solid Waste International
Transportation Act of 2001''.
SEC. 2. INTERNATIONAL TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID
WASTE.
(a) In General.--Subtitle D of the Solid Waste Disposal Act (42
U.S.C. 6941 et seq.) is amended by adding after section 4010 the
following new section:
``SEC. 4011. RECEIPT AND DISPOSAL OF FOREIGN MUNICIPAL SOLID WASTE.
``(a) Authority.--A State may enact a law or laws prohibiting or
imposing limitations on the receipt and disposal of foreign municipal
solid waste.
``(b) Effect on Interstate and Foreign Commerce.--No State action
taken as authorized by this section shall be considered to impose an
undue burden on interstate and foreign commerce or to otherwise impair,
restrain, or discriminate against interstate and foreign commerce.
``(c) Definitions.--For purposes of this section:
``(1) Foreign municipal solid waste.--The term `foreign
municipal solid waste' means municipal solid waste generated
outside of the United States.
``(2) Municipal solid waste.--
``(A) Waste included.--Except as provided in
subparagraph (B), the term `municipal solid waste'
means--
``(i) all waste materials discarded for
disposal by households, including single and
multifamily residences, and hotels and motels;
and
``(ii) all waste materials discarded for
disposal that were generated by commercial,
institutional, municipal, and industrial
sources, to the extent such materials--
``(I) are essentially the same as
materials described in clause (i); and
``(II) were collected and disposed
of with other municipal solid waste
described in clause (i) or subclause
(I) of this clause as part of normal
municipal solid waste collection
services, except that this subclause
does not apply to hazardous materials
other than hazardous materials that,
pursuant to regulations issued under
section 3001(d), are not subject to
regulation under subtitle C.
Examples of municipal solid waste include food and yard
waste, paper, clothing, appliances, consumer product
packaging, disposable diapers, office supplies,
cosmetics, glass and metal food containers, and
household hazardous waste. Such term shall include
debris resulting from construction, remodeling, repair,
or demolition of structures.
``(B) Waste not included.--The term `municipal
solid waste' does not include any of the following:
``(i) Any solid waste identified or listed
as a hazardous waste under section 3001, except
for household hazardous waste.
``(ii) Any solid waste, including
contaminated soil and debris, resulting from--
``(I) a response action taken under
section 104 or 106 of the Comprehensive
Environmental Response, Compensation,
and Liability Act (42 U.S.C. 9604 or
9606);
``(II) a response action taken
under a State law with authorities
comparable to the authorities of such
section 104 or 106; or
``(III) a corrective action taken
under this Act.
``(iii) Recyclable materials that have been
separated, at the source of the waste, from
waste otherwise destined for disposal or that
have been managed separately from waste
destined for disposal.
``(iv) Scrap rubber to be used as a fuel
source.
``(v) Materials and products returned from
a dispenser or distributor to the manufacturer
or an agent of the manufacturer for credit,
evaluation, and possible reuse.
``(vi) Any solid waste that is--
``(I) generated by an industrial
facility; and
``(II) transported for the purpose
of treatment, storage, or disposal to a
facility or unit thereof that is owned
or operated by the generator of the
waste, located on property owned by the
generator or a company with which the
generator is affiliated, or the
capacity of which is contractually
dedicated exclusively to a specific
generator, so long as the disposal area
complies with local and State land use
and zoning regulations applicable to
the disposal site.
``(vii) Any medical waste that is
segregated from or not mixed with solid waste.
``(viii) Sewage sludge and residuals from
any sewage treatment plant.
``(ix) Combustion ash generated by resource
recovery facilities or municipal incinerators,
or waste from manufacturing or processing
(including pollution control) operations not
essentially the same as waste normally
generated by households.''.
(b) Table of Contents.--The table of contents of the Solid Waste
Disposal Act (42 U.S.C. prec. 6901) is amended by adding after the item
relating to section 4010 the following new item:
``Sec. 4011. Receipt and disposal of foreign municipal solid waste.''. | Solid Waste International Transportation Act of 2001 - Amends the Solid Waste Disposal Act to authorize States to enact laws prohibiting or limiting the receipt and disposal of municipal solid waste generated outside the United States. | {"src": "billsum_train", "title": "To authorize States to prohibit or impose certain limitations on the receipt of foreign municipal solid waste, and for other purposes."} | 1,107 | 47 | 0.544437 | 1.168752 | 0.988472 | 3.27027 | 27.108108 | 0.891892 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Affordable Medicine Safety and
Access Act''.
TITLE I--INTERNET AND MAIL-ORDER PHARMACIES
SEC. 101. VOLUNTARY CERTIFICATIONS REGARDING INTERNET AND MAIL-ORDER
PHARMACIES.
(a) In General.--Chapter 5 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 351 et seq.) is amended by inserting after section 503A
the following section:
``SEC. 503B. VOLUNTARY CERTIFICATIONS REGARDING INTERNET AND MAIL-ORDER
PHARMACIES.
``(a) In General.--The Secretary, directly or through contract with
one or more public or nonprofit private entities, shall establish a
program under which Internet and mail-order pharmacies, on a voluntary
basis, are certified by the Secretary as meeting the requirements of
this section for certification.
``(b) Seal.--The Secretary shall provide for a seal that Internet
and mail-order pharmacies certified under subsection (a) are authorized
to display for purposes of indicating to the public the fact of such
certification.
``(c) Conditions for Certification.--As a condition of certifying
an Internet or mail-order pharmacy under subsection (a), the Secretary
shall require the following with respect to such pharmacy:
``(1) Verification that, in each State in which the
pharmacy engages in pharmaceutical activities, the pharmacy,
and all the employees and agents of the pharmacy, are in
compliance with applicable laws regarding--
``(A) the practice of pharmacy, including licensing
laws; and
``(B) the manufacturing and distribution of
controlled substances, including with respect to
mailing or shipping such substances to consumers.
``(2) Controls to ensure that a prescription drug is
dispensed by the pharmacy only pursuant to a valid
prescription, including circumstance in which the drug is
shipped or mailed from a country under whose laws the drug is
not a prescription drug.
``(3) The prominent display of contact information for the
pharmacy, including a telephone number, an electronic mail
address, a mailing address, and (if different from the mailing
address) the address for the physical location of the principal
place of business of the pharmacy.
``(4) The prominent display of complete and accurate
information concerning the ownership and management of the
pharmacy, including addresses and contact information.
``(5) A certification from the person who owns or manages
the pharmacy that a certification under subsection (a) for the
pharmacy has not previously been terminated by the Secretary,
and that no other Internet or mail-order pharmacy owned or
managed by such person has received a certification under
subsection (a) that has been terminated by the Secretary.
``(6) An agreement by the pharmacy that, upon certification
under subsection (a), the facilities and business practices of
the pharmacy will be subject to inspection by the Secretary to
the extent appropriate to determine whether the pharmacy is in
compliance with conditions under this subsection.
``(7) Meaningful and accessible opportunities for a
consumer to consult with a licensed pharmacist regarding a drug
prior to the time at which the pharmacy dispenses the drug to
the consumer.
``(8) Controls to ensure that, prior to dispensing a drug
to a consumer, a prospective review of the use of the drug by
the consumer is completed, based on accurate information about
the consumer and the medication profiles of the consumer and
other pertinent medical information.
``(9) Effective, accessible systems for communication with
consumers, including systems for consumer reporting of adverse
drug reactions and errors, systems by which consumers can
effectively track and report problems with unfulfilled orders,
systems for the investigation and redress of consumer
complaints, and systems facilitating effective communication
between the pharmacy and consumers concerning drug recalls.
``(10) Controls to ensure the protection of patient privacy
and confidentiality, including but not limited to the
prevention of unauthorized internal and external use of
personally-identifiable patient information.
``(11) An agreement by the pharmacy that the pharmacy will
notify the Secretary within 10 days concerning any change in
information submitted under this subsection as a condition of
certification under subsection (a).
``(12) Such additional criteria as the Secretary
determines, after notice and opportunity for comment, to be
appropriate for the sound operation of certified pharmacies or
the protection of consumers.
``(d) Annual Application; Duration of Certification.--
``(1) In general.--The Secretary may certify an Internet or
mail-order pharmacy under subsection (a) only if the pharmacy
submits to the Secretary an application for such certification
that demonstrates compliance with the conditions under
subsection (c) and is in such form, and is made in such manner,
as the Secretary may require. The Secretary shall establish an
application form for purposes of the preceding sentence,
including an electronic application form.
``(2) Duration of certification; renewal.--
``(A) In general.--A certification under subsection
(a) is effective for the one-year period beginning on
the date on which the application under paragraph (1)
for such certification is approved by the Secretary.
The Secretary may renew the certification, pursuant to
the submission of an additional application under
paragraph (1), and the number of renewals of the
certification is not limited. The Secretary may
establish an abbreviated process for such renewal
applications.
``(B) Renewal evaluation.--Before renewing a
certification under subsection (a), the Secretary shall
conduct an evaluation to determine whether the pharmacy
involved is in compliance with the conditions under
subsection (c). The evaluation, at the Secretary's
discretion and as applicable, may include testing of
the Internet site of the pharmacy or other systems
through which the pharmacy communicates with consumers,
and may include physical inspection of the records and
premises of the pharmacy pursuant to subsection (c)(6).
``(e) Fees.--The Secretary may impose a fee on the submission of an
application under subsection (d). Any such fee is due upon the
submission of the application. To the extent provided in appropriations
Acts, such fees are available to the Secretary for carrying out this
section.
``(f) Information Campaign.--The Secretary shall carry out
activities to inform the public of the program under subsection (a),
including information on the significance of the seal under subsection
(b) when displayed by an Internet or mail-order pharmacy, and including
information on the benefits of doing business with a pharmacy certified
under subsection (a) as compared to a pharmacy that is not so
certified.
``(g) Termination of Certification.--The Secretary, upon the own
initiative of the Secretary or a petition by an interested person, may
terminate a certification under subsection (a), after notice to the
Internet or mail-order pharmacy involved and an opportunity for a
hearing.
``(h) Contract for Operation of Program.--
``(1) Determination regarding use of contract authority.--
The Secretary may award a contract under subsection (a) for the
operation of the program under such subsection only if the
Secretary determines that the administration by the contractor
of such program would be as protective or more protective of
the public than direct administration of the program by the
Secretary.
``(2) Certain requirements.--With respect to a contract
under subsection (a):
``(A) The duration of the contract may not exceed
two years.
``(B) The Secretary may renew the contract, subject
to compliance with subparagraph (A).
``(C) The Secretary shall annually review
performance under the contract.
``(D) The contract shall specify that the Secretary
may terminate the contract for unsatisfactory
performance under the contract.
``(i) Definitions.--For purposes of this section:
``(1) The term `Internet pharmacy' means a pharmacy that,
by shipping, mailing, or transporting a prescription drug,
dispenses such drug pursuant to a sale of the drug by the
pharmacy in circumstances in which the purchaser of the drug
submitted the purchase order for the drug, or conducted any
other part of the sales transaction for the drug, through an
Internet site.
``(2) The term `mail-order pharmacy' means a pharmacy that,
by shipping, mailing, or transporting a prescription drug,
dispenses such drug pursuant to a sale of the drug by the
pharmacy in circumstances in which the purchaser of the drug
submitted the purchase order for the drug, or conducted any
other part of the sales transaction for the drug, through the
mail or through any telecommunications means other than an
Internet site.
``(3)(A) Subject to subparagraph (B), the term `pharmacy'
means an organization licensed by a State to practice pharmacy,
including the dispensing and selling of prescription drugs.
``(B) The Secretary shall consider an organization as
meeting the definition established in subparagraph (A) if the
Secretary determines that the organization would qualify for
licensure in at least one of the States but for a policy of
such State that denies licensure as a pharmacy on the basis
that the organization dispenses prescription drugs from
locations in Canada or dispenses prescription drugs obtained by
such organization from an entity in Canada.
``(4) The term `prescription drug' means a drug subject to
section 503(b).''.
(b) Unauthorized Display of Seal; False Claims.--Section 301 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by
adding at the end the following:
``(hh) The display by an Internet or mail-order pharmacy of the
seal under section 503B without a certification in effect under such
section for the pharmacy, or the making by such a pharmacy of a false
claim that such a certification is in effect for the pharmacy.''.
TITLE II--PERSONAL IMPORTATION OF PRESCRIPTION DRUGS FROM CANADA
Subtitle A--Waiver Requirement
SEC. 201. WAIVER REQUIREMENT FOR PERSONAL IMPORTATION OF PRESCRIPTION
DRUGS FROM CANADA.
Chapter VIII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
381 et seq.) is amended by adding at the end the following section:
``waiver requirement for personal importation of prescription drugs
from canada
``Sec. 805. With respect to the importation by individuals of
prescription drugs from Canada, the Secretary shall in accordance with
this section establish by regulation a waiver of prohibitions under
this Act that apply to the importation of drugs. Such a waiver shall
permit an individual to import into the United States any prescription
drug that--
``(1) is imported from Canada for personal use by the
individual (not for resale);
``(2) is approved by the Secretary under section 505, is
manufactured in an establishment registered with the Secretary
under section 510, and is not a controlled substance in
schedule I, II, or III under section 202(c) of the Controlled
Substances Act;
``(3) is imported from a Canadian pharmacy that has
submitted to the Secretary a registration that identifies the
pharmacy and provides documentation that the pharmacy is
licensed in Canada;
``(4) is imported in a quantity that does not (for that
instance of importation) exceed a 90-day supply;
``(5) at the time of importation, is accompanied by a copy
of a valid prescription for the drug for the individual, issued
in the United States by a practitioner in accordance with
section 503(b), or is accompanied by documentation that
verifies the issuance of such a prescription for the
individual;
``(6) is in the form of a final finished dosage; and
``(7) is imported under such other conditions as the
Secretary determines to be necessary to ensure public
safety.''.
Subtitle B--Studies
SEC. 211. STUDY REGARDING IN-PERSON PERSONAL IMPORTATION FROM CANADA.
(a) In General.--The Secretary of Health and Human Services
(referred to in this subtitle as the ``Secretary''), acting through the
Commissioner of Food and Drugs, shall conduct a study for the purpose
of developing recommendations regarding any legislative or
administrative changes that may be necessary to provide reasonable
assurance concerning the safety and effectiveness of prescription drugs
that are purchased in-person at a licensed pharmacy in Canada and
imported from Canada into the United States for personal use by
individuals who are not in the business of importing such drugs
(referred to in this section with respect to such drugs as ``in-person
personal importation''). Not later than 18 months after the date of the
enactment of this Act, the Secretary shall submit to the Congress a
report describing the findings of such study.
(b) Certain Requirements.--The activities of the Secretary in
carrying out the study under subsection (a) shall include the
following:
(1) With respect to prescription drugs that are commonly
purchased from Canadian pharmacies for in-person personal
importation, the purchase of a representative sample of such
drugs at randomly-selected Canadian pharmacies that are
representative of Canadian pharmacies from which prescription
drugs are purchased for personal importation.
(2) Determining, for purposes of laws and regulations
administered by the Food and Drug Administration, the safety
and effectiveness of the prescription drugs that are purchased
under paragraph (1).
(3) Making a comparison of laws and regulations referred to
in paragraph (2) with the Canadian system for the regulation of
the safety and effectiveness of prescription drugs.
(c) Advisory Board.--The Secretary shall establish an advisory
board for the purpose of providing advice to the Secretary regarding
the design of the study under subsection (a) and regarding the
development of recommendations in the study. The membership of the
advisory board shall include representatives of the Directorate of
Border and Transportation Security (Department of Homeland Security);
the comparable agency or agencies of the Canadian government; health
officials of State and local governments; pharmacists in the United
States; and physicians and patients in the United States.
SEC. 212. STUDY REGARDING INTERNET AND MAIL-ORDER PHARMACIES CLAIMING
CANADIAN SOURCES FOR PRESCRIPTION DRUGS.
With respect to prescription drugs that are commonly prescribed in
the United States, the Secretary, acting through the Commissioner of
Food and Drugs, shall conduct a study through which the Secretary--
(1) makes purchases of such drugs from Internet pharmacies
and mail-order pharmacies that make sales to consumers in the
United States and claim such drugs are obtained from Canadian
pharmacies or wholesalers, which purchases are a representative
sample of such drugs purchased from such pharmacies; and
(2) determines whether the drugs purchased under paragraph
(1) are approved for commercial distribution in Canada and are
obtained from Canadian pharmacies or wholesalers.
The Secretary shall seek the cooperation of the Government of Canada in
making the determination under paragraph (2). Not later than 18 months
after the date of the enactment of this Act, the Secretary shall submit
to the Congress a report describing the findings of such study. | Affordable Medicine Safety and Access Act - Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services, directly or through contract with one or more public or nonprofit private entities, to establish a voluntary program to certify Internet and mail-order pharmacies. Sets conditions for certification which shall protect consumers, including controls to protect patient privacy and confidentiality. States that certification shall be effective for one year but may be renewed. Allows the Secretary to terminate a certification. Prohibits an Internet or mail-order pharmacy: (1) displaying a seal of certification without in fact being certified; or (2) making a false claim of certification.
Adds provisions concerning the importation by individuals of prescription drugs from Canada under specified circumstances. Directs the Secretary to establish by regulation, for such circumstances, a waiver of prohibitions under the Act that apply to such drugs.
Directs the Secretary to conduct studies regarding: (1) Internet and mail-order pharmacies claiming Canadian sources for prescription drugs; and (2) in-person personal importation from Canada. | {"src": "billsum_train", "title": "To amend the Federal Food, Drug, and Cosmetic Act to establish a program to provide for the voluntary certification of Internet and mail-order pharmacies, to amend such Act to authorize, subject to certain conditions, the importation by individuals of prescription drugs from Canada for personal use, and for other purposes."} | 3,299 | 223 | 0.610963 | 1.715823 | 0.787127 | 3.548077 | 15.004808 | 0.932692 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Toxic Flame Retardant Prohibition
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Chemicals known as brominated flame retardants are
widely used throughout the United States. To meet stringent
fire standards, manufacturers add brominated flame retardants
to a multitude of products, including plastics used in
televisions, and foam and textiles used in furniture.
(2) While flame retardants make a valuable contribution to
fire safety, it is imperative to understand the potential
effects on human health and the environment that their use
brings.
(3) Initial studies indicate that pentabrominated diphenyl
ethers and octabrominated diphenyl ethers, which are
subcategories of brominated flame retardants, disrupt thyroid
hormone balance and contribute to a variety of developmental
deficits, including low intelligence and learning disabilities
in laboratory animals.
(4) In particular, it is recognized that there is a high
level of public concern over scientific findings of certain
polybrominated diphenyl ethers in the environment and in human
breast milk. Certain polybrominated diphenyl ethers have
increased 40-fold in human breast milk since the 1970s.
Chemicals found in breast milk are somewhat reflective of the
chemicals found throughout the body of those tested, including
in a fetus.
(5) The American Academy of Pediatrics strongly recommends
breastfeeding despite potential exposure to toxic chemicals, as
breast milk helps protect infants against certain diseases and
infections. In addition, several studies point to the
improvement of cognitive development in children who
breastfeed.
(6) The State of California and several countries have
phased out products containing pentabrominated diphenyl ethers
and octabrominated diphenyl ethers in order to protect human
health and the environment.
(7) To improve the end-of-life management of articles made
with polybrominated diphenyl ethers, a tracking and labeling
system should be incorporated in the manufacturing, processing,
and distribution of products containing pentabrominated
diphenyl ethers, octabrominated diphenyl ethers, or
decabrominated diphenyl ethers.
SEC. 3. PROHIBITION.
(a) Amendment.--Section 15 of the Toxic Substances Control Act (15
U.S.C. 2614) is amended--
(1) by striking ``or'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(5) manufacture, process, or distribute in commerce a
product, or a flame-retarded part of a product, containing more
than 1 percent of pentabrominated diphenyl ethers or
octabrominated diphenyl ethers by mass.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect 2 years after the date of enactment of this Act.
SEC. 4. REGULATION.
Section 6 of the Toxic Substances Control Act (15 U.S.C. 2605) is
amended by adding at the end the following new subsection:
``(f) Polybrominated Diphenyl Ethers.--
``(1) Determination and identification of precursors.--The
Administrator shall determine whether pentabrominated diphenyl
ethers or octabrominated diphenyl ethers are formed in the
environment as a result of chemical degradation of any other
material, and shall identify any such precursors that are found
to exist.
``(2) Phase out.--If the Administrator identifies any
precursor under paragraph (1), the Administrator shall take
appropriate actions under this section or section 5 to ensure
that products and processes that introduce such precursor into
the environment are phased out within 3 years after the date of
enactment of this subsection, unless the Administrator finds
that to do so would endanger human health and the environment.
``(3) Labeling requirement.--Not later than 1 year after
the date of enactment of this subsection, the Administrator
shall issue regulations requiring any product containing
pentabrominated diphenyl ethers, octabrominated diphenyl
ethers, or decabrominated diphenyl ethers, that is manufactured
18 months or more after the date of enactment of this
subsection to bear a label that meets--
``(A) the requirements of standard ISO 11469,
subsection 1043-4, established by the International
Organization for Standardization, as in effect on the
date of enactment of this subsection, including
subsequent revisions thereto that have been certified
by the Administrator; or
``(B) alternative requirements that the
Administrator certifies convey the same information as
is required under subparagraph (A).''. | Toxic Flame Retardant Prohibition Act - Amends the Toxic Substances Control Act to prohibit the manufacture, processing, or distribution in commerce of a product, or a flame-retarded part of a product, containing more than one percent of pentabrominated diphenyl ethers or octabrominated diphenyl ethers by mass.
Requires the Administrator of the Environmental Protection Agency to: (1) determine whether pentabrominated diphenyl ethers or octabrominated diphenyl ethers are formed in the environment as the result of chemical degradation of other materials and to identify any such precursors; (2) take appropriate action to ensure that products and processes that introduce identified precursors into the environment are phased out within three years of enactment of this Act, unless doing so would endanger human health and the environment; and (3) issue regulations requiring any product containing pentabrominated diphenyl ethers, octabrominated diphenyl ethers, or decabrominated diphenyl ethers that is manufactured 18 months or more after enactment of this Act to bear a label that meets specified requirements. | {"src": "billsum_train", "title": "To prohibit the manufacture, processing, or distribution in commerce of pentabrominated diphenyl ethers and octabrominated diphenyl ethers, and for other purposes."} | 1,120 | 284 | 0.645154 | 2.094568 | 0.736906 | 4.615385 | 4.978022 | 0.923077 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bank Insurance Fund and the Savings
Association Insurance Fund Merger Act of 1995''.
SEC. 2. MERGER OF FDIC INSURANCE FUNDS IN 1998.
(a) In General.--Section 11(a) of the Federal Deposit Insurance Act
(12 U.S.C. 1821(a)) is amended--
(1) by striking paragraphs (5) and (6) and inserting the
following new paragraphs:
``(5) Deposit insurance fund.--
``(A) Establishment.--There is hereby established a
fund to be known as the deposit insurance fund.
``(B) Transfer to fund.--On the date of the
enactment of the Deposit Insurance Fund Merger Act of
1995, the Bank Insurance Fund and the Savings
Association Insurance Fund shall be abolished and all
assets and liabilities of each such fund shall be
transferred to the deposit insurance fund.
``(C) Uses.--The deposit insurance fund shall be
available to the Corporation for use with respect to
insured depository institutions.
``(D) Deposits.--All amounts assessed against
insured depository institutions under this Act shall be
deposited in the deposit insurance fund.
``(6) Accounting requirements.--
``(A) Accounting for use of facilities and
resources.--The Corporation shall keep a full and
complete accounting of all costs and expenses
associated with the use of any facility or resource
used in the course of conducting supervisory,
regulatory, conservatorship, receivership, or
liquidation functions with respect to insured
depository institutions.
``(B) Accounting for holding and managing assets
and liabilities.--The Corporation shall keep a full and
complete accounting of all costs and expenses
associated with the holding and management of any asset
or liability belonging to insured depository
institutions in conservatorship or receivership.
``(C) Accounting for disposition of assets and
liabilities.--The Corporation shall keep a full and
complete accounting of all expenses and receipts
associated with the disposition of any asset or
liability belonging to insured depository institutions
in conservatorship or receivership.'';
(2) by striking subparagraph (A) of paragraph (4); and
(3) by striking paragraph (7) and redesignating paragraph
(8) as paragraph (7).
(b) Assessments of Former BIF Members Capped at Rates Applicable
Before Merger of Funds.--Section 7(b)(2) of the Federal Deposit
Insurance Act (12 U.S.C. 1817(b)(2)) is amended by inserting after
subparagraph (G) the following new subparagraphs:
``(H) Reduced assessment rates continue to apply to
former bif members.--Until the deposit insurance fund
first meets or exceeds the designated reserve ratio,
the average assessment rates applicable under the risk-
based assessment system for any semiannual period with
respect to insured depository institutions which were
Bank Insurance Fund members on the day before the date
of the enactment of the Deposit Insurance Fund Merger
Act of 1995 shall not exceed the greater of--
``(i) the average of the assessment rates
which would be applicable to such institutions
under this section for any semiannual period if
the amendments made by such Act had not been
enacted; or
``(ii) 6 basis points.
``(I) Schedule for meeting designated reserve
ratio.--Notwithstanding paragraph (3), upon the
enactment of the Deposit Insurance Fund Merger Act of
1995, the Corporation shall prescribe a schedule in the
manner provided in paragraph (3)(B) which culminates in
a reserve ratio that is equal to or greater than the designated reserve
ratio not later than 5 years after the date of the enactment of such
Act.''.
(c) Limit on Differential Between Assessment Rates Imposed on
Former BIF Members and Former SAIF Members.--Section 7(b)(2) of the
Federal Deposit Insurance Act (12 U.S.C. 1817(b)(2)) is amended by
inserting after subparagraph (I) (as added by subsection (b) of this
section) the following new subparagraph:
``(J) Cap on differential between former bif and
saif members.--The average assessment rate under the
risk-based assessment system for insured depository
institutions which, as of December 31, 1994, were
Savings Association Insurance Fund members, including
the special assessment under paragraph (9), shall not
exceed the average assessment rate under the risk-based
assessment system for insured depository institutions
which, as of December 31, 1994, were Bank Insurance
Fund members by more than 9 basis points.''.
(d) Repeal of Conversion Moratorium, Exit Fee, and ``Oakar Bank''
Provisions.--Section 5(d) of the Federal Deposit Insurance Act (12
U.S.C. 1815(d)) is amended by striking paragraphs (2) and (3).
(e) Technical and Conforming Amendments.--
(1) Section 5(d)(1) of the Federal Deposit Insurance Act
(12 U.S.C. 1815(d)(1)) is amended by striking ``Bank Insurance
Fund and the Savings Association Insurance Fund'' and inserting
``deposit insurance fund''.
(2) Section 7(b) of the Federal Deposit Insurance Act (12
U.S.C. 1817(b)) is amended--
(A) in paragraph (1)(D), by striking ``each'' and
inserting ``the'';
(B) in paragraph (2)(A)(i)(I), by striking ``each''
and inserting ``the'';
(C) in paragraph (2)(A)(iii), by striking ``a
deposit'' and inserting ``the deposit'';
(D) in paragraph (2)(A)(iv), by striking ``each''
and inserting ``the'';
(E) by striking subparagraph (B) of paragraph (2);
(F) in paragraph (2)(C), by striking ``each'' and
inserting ``the'';
(G) by striking subparagraphs (E) and (F) of
paragraph (2);
(H) in paragraph (2)(G), by striking ``a deposit''
and inserting ``the deposit'';
(I) in paragraph (3)(A), by striking ``any
deposit'' and inserting ``the deposit'';
(J) by striking subparagraphs (C) and (D) of
paragraph (3);
(K) in paragraph (6)(A)(ii), by striking ``Bank
Insurance Fund members'' and inserting ``insured
depository institutions''; and
(L) by striking subparagraph (B) of paragraph (6).
(3) Section 7 of the Federal Deposit Insurance Act (12
U.S.C. 1817) is amended by striking subsection (l).
(4) Section 11(f)(1) of the Federal Deposit Insurance Act
(12 U.S.C. 1821(f)(1)) is amended by striking ``, except that--
'' and all that follows through the period at the end and
inserting a period.
(5) Section 11(i)(3) of the Federal Deposit Insurance Act
(12 U.S.C. 1821(i)(3)) is amended by striking subparagraph (B)
and by redesignating subparagraph (C) as subparagraph (B).
(6) Section 11A(a) of the Federal Deposit Insurance Act (12
U.S.C. 1821A(a)) is amended--
(A) in paragraph (2)(B), by striking ``Savings
Association Insurance Fund'' and inserting ``deposit
insurance fund''; and
(B) in paragraph (3), by striking ``Bank Insurance
Fund, the Savings Association Insurance Fund,'' and
inserting ``deposit insurance fund''.
(7) Section 13 of the Federal Deposit Insurance Act (12
U.S.C. 1823) is amended--
(A) in subsection (a)(1) by striking ``Bank
Insurance Fund, Savings Association Insurance Fund,''
and inserting ``deposit insurance fund'';
(B) by striking paragraph (11) of subsection (c);
(C) in subsection (k)(4)(B)(ii), by striking
``Savings Association Insurance Fund member'' and
inserting ``savings association''; and
(D) in subsection (k)(5)(A), by striking ``Savings
Association Insurance Fund members'' and inserting
``savings associations''.
(8) Section 14 of the Federal Deposit Insurance Act (12
U.S.C. 1824) is amended--
(A) in subsection (a), by striking ``Bank Insurance
Fund or the Savings Association Insurance Fund'' and
inserting ``deposit insurance fund'';
(B) in subsection (a), by striking ``Bank Insurance
Fund or Savings Association Insurance Fund'' and
inserting ``deposit insurance fund'';
(C) in subsection (c), by striking paragraph (3);
and
(D) in subsection (d)--
(i) by striking ``Bank Insurance Fund
members'' each place such term appears and
inserting ``insured depository institutions'';
(ii) by striking ``Bank Insurance Fund
member'' each place such term appears and
inserting ``insured depository institution'';
and
(iii) by striking ``Bank Insurance Fund''
each place such term appears (other than in
connection with a term referred to in clause
(i) or (ii)) and inserting ``deposit insurance
fund''.
(9) Section 15(c)(5) of the Federal Deposit Insurance Act
(12 U.S.C. 1825(c)(5)) is amended--
(A) by striking ``Bank Insurance Fund or Savings
Association Insurance Fund, respectively,'' each place
such term appears and inserting ``deposit insurance
fund''; and
(B) by striking ``Bank Insurance Fund or the
Savings Association Insurance Fund, respectively,''
each place such term appears and inserting ``deposit
insurance fund''.
(10) Section 17 of the Federal Deposit Insurance Act (12
U.S.C. 1827) is amended by striking ``Bank Insurance Fund,
Savings Association Insurance Fund,'' each place such term
appears and inserting ``deposit insurance fund''.
(11) Section 18(m)(3) of the Federal Deposit Insurance Act
(12 U.S.C. 1828(m)(3)) is amended--
(A) in subparagraph (A)--
(i) by inserting ``of an insured savings
association or a subsidiary of any such
association'' after ``specific activity'';
(ii) by striking ``Savings Association
Insurance Fund.'' and inserting ``deposit
insurance fund.''; and
(iii) by striking ``that Savings
Association Insurance Fund member'' and
inserting ``such savings association''; and
(B) in subparagraph (C), by striking ``Savings
Association Insurance Fund or the Bank Insurance Fund''
and inserting ``deposit insurance fund''.
(12) Section 31 of the Federal Deposit Insurance Act (12
U.S.C. 1831h) is amended--
(A) in subsection (a), by striking ``Insurance
Fund''; and
(B) in subsection (b)(2), by striking ``Savings
Association Insurance Fund members'' and inserting
``savings associations''.
(13) Section 38(o)(1)(B) of the Federal Deposit Insurance
Act (12 U.S.C. 1831o(o)(1)(B)) is amended by striking ``Savings
Association Insurance Fund'' and inserting ``deposit insurance
fund''.
SEC. 3. FICO PAYMENTS BY ALL FDIC-INSURED DEPOSITORY INSTITUTIONS.
Section 21(f) of the Federal Home Loan Bank Act (12 U.S.C.
1441(f)(2)) is amended--
(1) in the portion of paragraph (2) which precedes
subparagraph (A) of such paragraph--
(A) by striking ``each Savings Association
Insurance Fund member'' and inserting ``each insured
depository institution (as defined in section 3(c)(2)
of the Federal Deposit Insurance Act); and
(B) by striking ``such member'' and inserting
``such institution'';
(2) in paragraph (2)(A), by striking ``Savings Association
Insurance Fund members'' and inserting ``insured depository
institutions''; and
(3) in paragraph (2)(C) by inserting ``, except with
respect to insured depository institutions which were Bank
Insurance Fund members on the day before the date of the
enactment of the Deposit Insurance Fund Merger Act of 1995''
before the period at the end.
SEC. 4. AVAILABILITY OF RTC FUNDS TO LEND TO FDIC TO RECAPITALIZE
DEPOSIT INSURANCE FUND.
(a) In General.--Section 7(b) of the Federal Deposit Insurance Act
(12 U.S.C. 1817(b)) is amended by adding at the end the following new
paragraph:
``(8) Availability of rtc funding.--
``(A) Loans to fdic.--At the request of the Board
of Directors of the Federal Deposit Insurance
Corporation, the Secretary of the Treasury shall lend,
out of funds appropriated to the Resolution Trust Corporation pursuant
to section 21A(i)(3) of the Federal Home Loan Bank Act and not expended
by the Resolution Trust Corporation, to the deposit insurance fund such
amounts as may be requested by the Board of Directors to recapitalize
such fund and are not needed by the Resolution Trust Corporation.
``(B) Terms and conditions to ensure repayment.--
The Secretary of the Treasury may establish such terms
and conditions to ensure the repayment of any loan
under subparagraph (A) as the Secretary determines to
be appropriate.
``(C) Other terms.--The annual repayment terms and
the length of time for which the loan is made shall be
established by the Federal Deposit Insurance
Corporation in consultation with the Secretary of the
Treasury.
``(D) Termination of lending authority.--No
additional advances may be made to the Federal Deposit
Insurance Corporation under this paragraph after the
reserve ratio of the deposit insurance fund first meets
or exceeds the designated reserve ratio.''.
(b) Special 1-time assessment to repay loans.--Section 7(b) of the
Federal Deposit Insurance Act (12 U.S.C. 1817(b)) is amended by
inserting after paragraph (8) (as added by subsection (a) of this
section) the following new paragraphs:
``(9) Special 1-time assessment to recapitalize saif.--
``(A) In general.--The Corporation may, in the
discretion of the Board of Directors, impose a special
assessment on any designated insured depository
institution in an amount not greater than 0.40 percent
of the assessment base on which assessments are imposed
under the risk-based assessment system established
pursuant to paragraph (1).
``(B) Use of proceeds to repay loans.--The proceeds
of any assessment imposed under subparagraph (A) shall
be used to repay any recapitalization loan under
paragraph (8).
``(C) Imposition over period of years.--The
assessment authorized under subparagraph (A) may be
imposed incrementally over such period of years as the
Board of Directors may determine to be appropriate,
except the larger percentage of any such incremental
assessment shall be allocated to the first year of the
effective period for such assessment.
``(D) Abatement for troubled institutions.--The
Board of Directors may abate any portion of any
assessment under this paragraph in the case of any
undercapitalized institution or any institution which
would become undercapitalized as a result of the
imposition of such assessment.
``(10) Designated insured depository institution defined.--
For purposes of paragraph (9), the term `designated insured
depository institution'--
``(A) means any insured depository institution
which, as of January 1, 1995, or at any time after such
date, was a Savings Association Insurance Fund member
under the Federal Deposit Insurance Act (as in effect
on the day before the date of the enactment of the
Deposit Insurance Fund Merger Act of 1995); and
``(B) includes any other insured depository
institution which acquires (as defined in section
13(f)(8)(B) of the Federal Deposit Insurance Act) such
insured depository institution or is otherwise a
successor in interest to such institution.''. | Bank Insurance Fund and the Savings Association Insurance Fund Merger Act of 1995 - Amends the Federal Deposit Insurance Act (FDIA) to: (1) establish the deposit insurance fund for insured depository institutions; (2) abolish the Bank Insurance Fund (BIF) and the Savings Association Insurance Fund (SAIF); (3) transfer such Funds' assets and liabilities to the deposit insurance fund; and (4) deposit into such fund all amounts assessed against insured depository institutions.
Prescribes guidelines under which the Federal Deposit Insurance Corporation (FDIC) shall keep a full and complete accounting of all costs, expenses, and receipts.
Sets forth an assessments schedule for former BIF members capped at rates applicable before the funds' merger.
Limits the average assessment rate differential between former BIF and SAIF members to a maximum of nine basis points. Repeals the guidelines pertaining to moratorium on conversion transactions and to exit fees.
Amends the Federal Home Loan Bank Act to reflect amendments made by this Act regarding payment of Financing Corporation costs by all FDIC-insured depository institutions.
Amends the FDIA to direct the Secretary of the Treasury, upon FDIC request, to lend funds to the deposit insurance fund out of funds appropriated to the Resolution Trust Corporation and not expended by it.
Authorizes the FDIC to impose a one-time special SAIF capitalization assessment. | {"src": "billsum_train", "title": "Bank Insurance Fund and the Savings Association Insurance Fund Merger Act of 1995"} | 3,690 | 295 | 0.623881 | 1.927577 | 0.826437 | 3.107692 | 12.384615 | 0.876923 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``SEC Small Business Advocate Act of
2016''.
SEC. 2. ESTABLISHMENT OF OFFICE OF THE ADVOCATE FOR SMALL BUSINESS
CAPITAL FORMATION AND SMALL BUSINESS CAPITAL FORMATION ADVISORY
COMMITTEE.
(a) Office of the Advocate for Small Business Capital Formation.--
Section 4 of the Securities Exchange Act of 1934 (15 U.S.C. 78d) is
amended by adding at the end the following:
``(j) Office of the Advocate for Small Business Capital
Formation.--
``(1) Office established.--There is established within the
Commission the Office of the Advocate for Small Business Capital
Formation (hereafter in this subsection referred to as the
`Office').
``(2) Advocate for small business capital formation.--
``(A) In general.--The head of the Office shall be the
Advocate for Small Business Capital Formation, who shall--
``(i) report directly to the Commission; and
``(ii) be appointed by the Commission, from among
individuals having experience in advocating for the
interests of small businesses and encouraging small
business capital formation.
``(B) Compensation.--The annual rate of pay for the
Advocate for Small Business Capital Formation shall be equal to
the highest rate of annual pay for other senior executives who
report directly to the Commission.
``(C) No current employee of the commission.--An individual
may not be appointed as the Advocate for Small Business Capital
Formation if the individual is currently employed by the
Commission.
``(3) Staff of office.--The Advocate for Small Business Capital
Formation, after consultation with the Commission, may retain or
employ independent counsel, research staff, and service staff, as
the Advocate for Small Business Capital Formation determines to be
necessary to carry out the functions of the Office.
``(4) Functions of the advocate for small business capital
formation.--The Advocate for Small Business Capital Formation
shall--
``(A) assist small businesses and small business investors
in resolving significant problems such businesses and investors
may have with the Commission or with self-regulatory
organizations;
``(B) identify areas in which small businesses and small
business investors would benefit from changes in the
regulations of the Commission or the rules of self-regulatory
organizations;
``(C) identify problems that small businesses have with
securing access to capital, including any unique challenges to
minority-owned and women-owned small businesses;
``(D) analyze the potential impact on small businesses and
small business investors of--
``(i) proposed regulations of the Commission that are
likely to have a significant economic impact on small
businesses and small business capital formation; and
``(ii) proposed rules that are likely to have a
significant economic impact on small businesses and small
business capital formation of self-regulatory organizations
registered under this title;
``(E) conduct outreach to small businesses and small
business investors, including through regional roundtables, in
order to solicit views on relevant capital formation issues;
``(F) to the extent practicable, propose to the Commission
changes in the regulations or orders of the Commission and to
Congress any legislative, administrative, or personnel changes
that may be appropriate to mitigate problems identified under
this paragraph and to promote the interests of small businesses
and small business investors;
``(G) consult with the Investor Advocate on proposed
recommendations made under subparagraph (F); and
``(H) advise the Investor Advocate on issues related to
small businesses and small business investors.
``(5) Access to documents.--The Commission shall ensure that
the Advocate for Small Business Capital Formation has full access
to the documents and information of the Commission and any self-
regulatory organization, as necessary to carry out the functions of
the Office.
``(6) Annual report on activities.--
``(A) In general.--Not later than December 31 of each year
after 2015, the Advocate for Small Business Capital Formation
shall submit to the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Financial Services
of the House of Representatives a report on the activities of
the Advocate for Small Business Capital Formation during the
immediately preceding fiscal year.
``(B) Contents.--Each report required under subparagraph
(A) shall include--
``(i) appropriate statistical information and full and
substantive analysis;
``(ii) information on steps that the Advocate for Small
Business Capital Formation has taken during the reporting
period to improve small business services and the
responsiveness of the Commission and self-regulatory
organizations to small business and small business investor
concerns;
``(iii) a summary of the most serious issues
encountered by small businesses and small business
investors, including any unique issues encountered by
minority-owned and women-owned small businesses and their
investors, during the reporting period;
``(iv) an inventory of the items summarized under
clause (iii) (including items summarized under such clause
for any prior reporting period on which no action has been
taken or that have not been resolved to the satisfaction of
the Advocate for Small Business Capital Formation as of the
beginning of the reporting period covered by the report)
that includes--
``(I) identification of any action taken by the
Commission or the self-regulatory organization and the
result of such action;
``(II) the length of time that each item has
remained on such inventory; and
``(III) for items on which no action has been
taken, the reasons for inaction, and an identification
of any official who is responsible for such action;
``(v) recommendations for such changes to the
regulations, guidance and orders of the Commission and such
legislative actions as may be appropriate to resolve
problems with the Commission and self-regulatory
organizations encountered by small businesses and small
business investors and to encourage small business capital
formation; and
``(vi) any other information, as determined appropriate
by the Advocate for Small Business Capital Formation.
``(C) Confidentiality.--No report required by subparagraph
(A) may contain confidential information.
``(D) Independence.--Each report required under
subparagraph (A) shall be provided directly to the committees
of Congress listed in such subparagraph without any prior
review or comment from the Commission, any commissioner, any
other officer or employee of the Commission, or the Office of
Management and Budget.
``(7) Regulations.--The Commission shall establish procedures
requiring a formal response to all recommendations submitted to the
Commission by the Advocate for Small Business Capital Formation,
not later than 3 months after the date of such submission.
``(8) Government-business forum on small business capital
formation.--The Advocate for Small Business Capital Formation shall
be responsible for planning, organizing, and executing the annual
Government-Business Forum on Small Business Capital Formation
described in section 503 of the Small Business Investment Incentive
Act of 1980 (15 U.S.C. 80c-1).
``(9) Rule of construction.--Nothing in this subsection may be
construed as replacing or reducing the responsibilities of the
Investor Advocate with respect to small business investors.''.
(b) Small Business Capital Formation Advisory Committee.--Title I
of the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is
amended by adding at the end the following:
``SEC. 40. SMALL BUSINESS CAPITAL FORMATION ADVISORY COMMITTEE.
``(a) Establishment and Purpose.--
``(1) Establishment.--There is established within the
Commission the Small Business Capital Formation Advisory Committee
(hereafter in this section referred to as the `Committee').
``(2) Functions.--
``(A) In general.--The Committee shall provide the
Commission with advice on the Commission's rules, regulations,
and policies with regard to the Commission's mission of
protecting investors, maintaining fair, orderly, and efficient
markets, and facilitating capital formation, as such rules,
regulations, and policies relate to--
``(i) capital raising by emerging, privately held small
businesses (`emerging companies') and publicly traded
companies with less than $250,000,000 in public market
capitalization (`smaller public companies') through
securities offerings, including private and limited
offerings and initial and other public offerings;
``(ii) trading in the securities of emerging companies
and smaller public companies; and
``(iii) public reporting and corporate governance
requirements of emerging companies and smaller public
companies.
``(B) Limitation.--The Committee shall not provide any
advice with respect to any policies, practices, actions, or
decisions concerning the Commission's enforcement program.
``(b) Membership.--
``(1) In general.--The members of the Committee shall be--
``(A) the Advocate for Small Business Capital Formation;
``(B) not fewer than 10, and not more than 20, members
appointed by the Commission, from among individuals--
``(i) who represent--
``(I) emerging companies engaging in private and
limited securities offerings or considering initial
public offerings (`IPO') (including the companies'
officers and directors);
``(II) the professional advisors of such companies
(including attorneys, accountants, investment bankers,
and financial advisors); and
``(III) the investors in such companies (including
angel investors, venture capital funds, and family
offices);
``(ii) who are officers or directors of minority-owned
small businesses or women-owned small businesses;
``(iii) who represent--
``(I) smaller public companies (including the
companies' officers and directors);
``(II) the professional advisors of such companies
(including attorneys, auditors, underwriters, and
financial advisors); and
``(III) the pre-IPO and post-IPO investors in such
companies (both institutional, such as venture capital
funds, and individual, such as angel investors); and
``(iv) who represent participants in the marketplace
for the securities of emerging companies and smaller public
companies, such as securities exchanges, alternative
trading systems, analysts, information processors, and
transfer agents; and
``(C) three non-voting members--
``(i) one of whom shall be appointed by the Investor
Advocate;
``(ii) one of whom shall be appointed by the North
American Securities Administrators Association; and
``(iii) one of whom shall be appointed by the
Administrator of the Small Business Administration.
``(2) Term.--Each member of the Committee appointed under
subparagraph (B), (C)(ii), or (C)(iii) of paragraph (1) shall serve
for a term of 4 years.
``(3) Members not commission employees.--Members appointed
under subparagraph (B), (C)(ii), or (C)(iii) of paragraph (1) shall
not be treated as employees or agents of the Commission solely
because of membership on the Committee.
``(c) Chairman; Vice Chairman; Secretary; Assistant Secretary.--
``(1) In general.--The members of the Committee shall elect,
from among the members of the Committee--
``(A) a chairman;
``(B) a vice chairman;
``(C) a secretary; and
``(D) an assistant secretary.
``(2) Term.--Each member elected under paragraph (1) shall
serve for a term of 3 years in the capacity for which the member
was elected under paragraph (1).
``(d) Meetings.--
``(1) Frequency of meetings.--The Committee shall meet--
``(A) not less frequently than four times annually, at the
call of the chairman of the Committee; and
``(B) from time to time, at the call of the Commission.
``(2) Notice.--The chairman of the Committee shall give the
members of the Committee written notice of each meeting, not later
than 2 weeks before the date of the meeting.
``(e) Compensation and Travel Expenses.--Each member of the
Committee who is not a full-time employee of the United States shall--
``(1) be entitled to receive compensation at a rate not to
exceed the daily equivalent of the annual rate of basic pay in
effect for a position at level V of the Executive Schedule under
section 5316 of title 5, United States Code, for each day during
which the member is engaged in the actual performance of the duties
of the Committee; and
``(2) while away from the home or regular place of business of
the member in the performance of services for the Committee, be
allowed travel expenses, including per diem in lieu of subsistence,
in the same manner as persons employed intermittently in the
Government service are allowed expenses under section 5703 of title
5, United States Code.
``(f) Staff.--The Commission shall make available to the Committee
such staff as the chairman of the Committee determines are necessary to
carry out this section.
``(g) Review by Commission.--The Commission shall--
``(1) review the findings and recommendations of the Committee;
and
``(2) each time the Committee submits a finding or
recommendation to the Commission, promptly issue a public
statement--
``(A) assessing the finding or recommendation of the
Committee; and
``(B) disclosing the action, if any, the Commission intends
to take with respect to the finding or recommendation.
``(h) Federal Advisory Committee Act.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply with respect to the
Committee and its activities.''.
(c) Annual Government-Business Forum on Small Business Capital
Formation.--Section 503(a) of the Small Business Investment Incentive
Act of 1980 (15 U.S.C. 80c-1(a)) is amended by inserting ``(acting
through the Office of the Advocate for Small Business Capital Formation
and in consultation with the Small Business Capital Formation Advisory
Committee)'' after ``Securities and Exchange Commission''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was passed by the House on February 1, 2016. SEC Small Business Advocate Act of 2016 (Sec. 2) This bill amends the Securities Exchange Act of 1934 to establish within the Securities and Exchange Commission (SEC) an Office of the Advocate for Small Business Capital Formation. The Advocate for Small Business Capital Formation shall: assist small businesses and small business investors in resolving significant problems they may have with the SEC or with self-regulatory organizations; identify areas in which such businesses and investors would benefit from changes in SEC regulations or the rules of such organizations; identify problems that small businesses have with securing access to capital, including any unique challenges to minority-owned and women-owned small businesses; analyze the potential impact on such businesses and investors of proposed SEC regulations and proposed rules that are likely to have a significant economic impact on small businesses and small business capital formation; conduct outreach to such businesses and investors to solicit views on relevant capital formation issues; propose to the SEC changes in its regulations or orders, and propose to Congress legislative, administrative, or personnel changes, to mitigate problems identified and to promote the interests of such businesses and investors; consult with the Investor Advocate on such proposals and advise the Investor Advocate on small business-related issues; submit annual reports on its activities to specified congressional committees; and be responsible for planning, organizing, and executing the annual Government-Business Forum on Small Business Capital Formation. The bill also establishes the Small Business Capital Formation Advisory Committee, which shall provide the SEC with advice on SEC rules, regulations, and policies regarding its mission of protecting investors, maintaining fair, orderly, and efficient markets, and facilitating capital formation, as they relate to: capital raising by emerging, privately held small businesses and publicly traded companies with less than $250 million in public market capitalization through securities offerings; trading in the securities of such businesses and companies; and public reporting and corporate governance requirements of such businesses and companies. The SEC shall assess the committee's recommendations and disclose any action it intends to take with respect to such recommendations. | {"src": "billsum_train", "title": "SEC Small Business Advocate Act of 2016"} | 3,087 | 438 | 0.666666 | 2.023229 | 0.862102 | 4.582547 | 6.962264 | 0.917453 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Southeast Federal Center Public-
Private Development Act of 2000''.
SEC. 2. SOUTHEAST FEDERAL CENTER DEFINED.
In this Act, the term ``Southeast Federal Center'' means the site
in the southeast quadrant of the District of Columbia that is under the
control and jurisdiction of the General Services Administration and
extends from Issac Hull Avenue on the east to 1st Street on the west,
and from M Street on the north to the Anacostia River on the south,
excluding an area on the river at 1st Street owned by the District of
Columbia and a building west of Issac Hull Avenue and south of Tingey
Street under the control and jurisdiction of the Department of the
Navy.
SEC. 3. SOUTHEAST FEDERAL CENTER DEVELOPMENT AUTHORITY.
(a) In General.--The Administrator of General Services may enter
into agreements (including leases, contracts, cooperative agreements,
limited partnerships, joint ventures, trusts, and limited liability
company agreements) with a private entity to provide for the
acquisition, construction, rehabilitation, operation, maintenance, or
use of the Southeast Federal Center, including improvements thereon, or
such other activities related to the Southeast Federal Center as the
Administrator considers appropriate.
(b) Terms and Conditions.--An agreement entered into under this
section--
(1) shall have as its primary purpose enhancing the value of
the Southeast Federal Center to the United States;
(2) shall be negotiated pursuant to such procedures as the
Administrator considers necessary to ensure the integrity of the
selection process and to protect the interests of the United
States;
(3) may provide a lease option to the United States, to be
exercised at the discretion of the Administrator, to occupy any
general purpose office space in a facility covered under the
agreement;
(4) shall not require, unless specifically determined otherwise
by the Administrator, Federal ownership of a facility covered under
the agreement after the expiration of any lease of the facility to
the United States;
(5) shall describe the consideration, duties, and
responsibilities for which the United States and the private entity
are responsible;
(6) shall provide--
(A) that the United States will not be liable for any
action, debt, or liability of any entity created by the
agreement; and
(B) that such entity may not execute any instrument or
document creating or evidencing any indebtedness unless such
instrument or document specifically disclaims any liability of
the United States under the instrument or document; and
(7) shall include such other terms and conditions as the
Administrator considers appropriate.
(c) Consideration.--An agreement entered into under this section
shall be for fair consideration, as determined by the Administrator.
Consideration under such an agreement may be provided in whole or in
part through in-kind consideration. In-kind consideration may include
provision of space, goods, or services of benefit to the United States,
including construction, repair, remodeling, or other physical
improvements of Federal property, maintenance of Federal property, or
the provision of office, storage, or other usable space.
(d) Authority To Convey.--In carrying out an agreement entered into
under this section, the Administrator is authorized to convey interests
in real property, by lease, sale, or exchange, to a private entity.
(e) Obligations To Make Payments.--Any obligation to make payments
by the Administrator for the use of space, goods, or services by the
General Services Administration on property that is subject to an
agreement under this section may only be made to the extent that
necessary funds have been made available, in advance, in an annual
appropriations Act, to the Administrator from the Federal Buildings
Fund established by section 210(f) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 490(f)).
(f) National Capital Planning Commission.--
(1) Statutory construction.--Nothing in this section may be
construed to limit or otherwise affect the authority of the
National Capital Planning Commission with respect to the Southeast
Federal Center.
(2) Vision plan.--An agreement entered into under this section
shall ensure that redevelopment of the Southeast Federal Center is
consistent, to the extent practicable (as determined by the
Administrator, in consultation with the National Capital Planning
Commission), with the objectives of the National Capital Planning
Commission's vision plan entitled ``Extending the Legacy: Planning
America's Capital in the 21st Century'', adopted by the Commission
in November 1997.
(g) Relationship to Other Laws.--
(1) In general.--The authority of the Administrator under this
section shall not be subject to--
(A) section 321 of the Act of June 30, 1932 (40 U.S.C.
303b);
(B) sections 202 and 203 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 483, 484);
(C) section 7(a) of the Public Buildings Act of 1959 (40
U.S.C. 606(a)); or
(D) any other provision of law (other than Federal laws
relating to environmental and historic preservation)
inconsistent with this section.
(2) Unutilized or underutilized property.--Any facility covered
under an agreement entered into under this section may not be
considered to be unutilized or underutilized for purposes of
section 501 of the Stewart B. McKinney Homeless Assistance Act (42
U.S.C. 11411).
SEC. 4. REPORTING REQUIREMENT.
(a) In General.--Before entering into an agreement under section 3,
the Administrator of General Services shall transmit to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Governmental Affairs of the Senate a report on the
proposed agreement.
(b) Contents.--A report transmitted under this section shall
include a summary of a cost-benefit analysis of the proposed agreement
and a description of the provisions of the proposed agreement.
(c) Review by Congress.--A proposed agreement under section 3 may
not become effective until the end of a 30-day period of continuous
session of Congress following the date of the transmittal of a report
on the agreement under this section. For purposes of the preceding
sentence, continuity of a session of Congress is broken only by an
adjournment sine die, and there shall be excluded from the computation
of such 30-day period any day during which either House of Congress is
not in session during an adjournment of more than 3 days to a day
certain.
SEC. 5. USE OF PROCEEDS.
(a) In General.--Net proceeds from an agreement entered into under
section 3 shall be deposited into, administered, and expended, subject
to appropriations Acts, as part of the fund established by section
210(f) of the Federal Property and Administrative Services Act of 1949
(40 U.S.C. 490(f)). In this subsection, the term ``net proceeds from an
agreement entered into under section 3'' means the proceeds from the
agreement minus the expenses incurred by the Administrator with respect
to the agreement.
(b) Recovery of Expenses.--The Administrator may retain from the
proceeds of an agreement entered into under section 3 amounts necessary
to recover the expenses incurred by the Administrator with respect to
the agreement. Such amounts shall be deposited in the account in the
Treasury from which the Administrator incurs expenses related to
disposals of real property.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Requires the Administrator, before entering into a final agreement, to report to specified congressional committees. Requires a 30-day waiting period after such submission before the agreement may become effective.
Requires any net proceeds (after expenses) under an agreement to be deposited into the Federal Buildings Fund established under the Federal Property and Administrative Services Act of 1949. | {"src": "billsum_train", "title": "Southeast Federal Center Public-Private Development Act of 2000"} | 1,656 | 80 | 0.376358 | 1.084115 | 0.453375 | 2.41791 | 22.492537 | 0.835821 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Unity Promotion Act of
1994''.
SEC. 2. COMBINED RETURN TO WHICH UNMARRIED RATES APPLY.
(a) In General.--Subpart B of part II of subchapter A of chapter 61
of the Internal Revenue Code of 1986 (relating to income tax returns)
is amended by inserting after section 6013 the following new section:
``SEC. 6013A. COMBINED RETURN WITH SEPARATE RATES.
``(a) General Rule.--A husband and wife may make a combined return
of income taxes under subtitle A under which--
``(1) a separate taxable income is determined for each
spouse by applying the rules provided in this section, and
``(2) the tax imposed by section 1 is the aggregate amount
resulting from applying the separate rate set forth in section
1(c) to each such taxable income.
``(b) Treatment of Income.--For purposes of this section--
``(1) earned income (within the meaning of section 911(d)),
and any income received as a pension or annuity which arises
from an employer-employee relationship, shall be treated as the
income of the spouse who rendered the services, and
``(2) income from property shall be divided between the
spouses in accordance with their respective ownership rights in
such property.
``(c) Treatment of Deductions.--For purposes of this section--
``(1) the deductions allowed by section 62(a) (other than
paragraphs (7) and (10) thereof) shall be allowed to the spouse
treated as having the income to which such deductions relate,
``(2) the deduction for retirement savings described in
paragraph (7) of section 62(a) shall be allowed to the spouse
for whose benefit the savings are maintained,
``(3) the deduction for alimony described in paragraph (10)
of section 62(a) shall be allowed to the spouse who has the
liability to pay the alimony,
``(4) the deductions allowable by section 151 (relating to
personal exemptions) shall be determined--
``(A) by requiring each spouse to claim 1 personal
exemption, and
``(B) by allowing the personal exemptions under
section 151(c) to be allocated between the spouses as
they determine,
``(5) by requiring each spouse to claim their own
additional standard deduction (if any) under section 63, and
``(6) the aggregate amount of all other deductions shall be
allocated between the spouses in such amounts as they
determine.
``(d) Treatment of Credits.--Credits shall be determined (and
applied against the joint liability of the couple for tax) as if the
spouses had filed a joint return.
``(e) Treatment as Joint Return.--Except as otherwise provided in
this section or in the regulations prescribed hereunder, for purposes
of this title (other than sections 1 and 63(c)) a combined return under
this section shall be treated as a joint return.
``(f) Regulations.--The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out this section.''
(b) Unmarried Rate Made Applicable.--So much of subsection (c) of
section 1 of such Code as precedes the table is amended to read as
follows:
``(c) Separate or Unmarried Return Rate.--There is hereby imposed
on the taxable income of every individual (other than a married
individual (as defined in section 7703) filing a joint return or a
separate return, a surviving spouse as defined in section 2(a), or a
head of household as defined in section 2(b)) a tax determined in
accordance with the following table:''.
(c) Basic Standard Deduction for Unmarried Individuals Made
Applicable.--Subparagraph (C) of section 63(c)(2) of such Code is
amended to read as follows:
``(C) $3,000 in the case of an individual who is
not--
``(i) a married individual filing a joint
return or a separate return,
``(ii) a surviving spouse, or
``(iii) a head of household, or''.
(d) Clerical Amendment.--The table of sections for subpart B of
part II of subchapter A of chapter 61 of such Code is amended by
inserting after the item relating to section 6013 the following:
``Sec. 6013A. Combined return with
separate rates.''
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1994.
SEC. 3. HOMEMAKERS ELIGIBLE FOR FULL IRA DEDUCTION.
(a) Spousal IRA Computed on Basis of Compensation of Both
Spouses.--Subsection (c) of section 219 of the Internal Revenue Code of
1986 (relating to special rules for certain married individuals) is
amended to read as follows:
``(c) Special Rules for Certain Married Individuals.--
``(1) In general.--In the case of an individual to whom
this paragraph applies for the taxable year, the limitation of
paragraph (1) of subsection (b) shall be equal to the lesser
of--
``(A) $2,000, or
``(B) the sum of--
``(i) the compensation includible in such
individual's gross income for the taxable year,
plus
``(ii) the compensation includible in the
gross income of such individual's spouse for
the taxable year reduced by the amount
allowable as a deduction under subsection (a)
to such spouse for such taxable year.
``(2) Individuals to whom paragraph (1) applies.--Paragraph
(1) shall apply to any individual if--
``(A) such individual files a joint return for the
taxable year, and
``(B) the amount of compensation (if any)
includible in such individual's gross income for the
taxable year is less than the compensation includible
in the gross income of such individual's spouse for the
taxable year.''
(b) IRA Allowed for Spouses Who Are Not Active Plan Participants.--
Section 219(g)(1) of such Code is amended by striking ``or the
individual's spouse''.
(c) Conforming Amendments.--
(1) Paragraph (2) of section 219(f) of such Code (relating
to other definitions and special rules) is amended by striking
``subsections (b) and (c)'' and inserting ``subsection (b)''.
(2) Section 408(d)(5) of such Code is amended by striking
``$2,250'' and inserting ``$2,000''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1994.
SEC. 4. INCREASE IN PERSONAL EXEMPTION FOR CERTAIN DEPENDENT CHILDREN.
(a) General Rule.--Paragraph (1) of section 151(d) of the Internal
Revenue Code of 1986 (defining exemption amount) is amended to read as
follows:
``(1) In general.--Except as otherwise provided in this
subsection, the term `exemption amount' means $2,000 (or, in
the case of an exemption under subsection (c) for a child who
has not attained age 18 before the close of the calendar year
in which the taxable year begins, $3,500).''
(b) Conforming Amendments.--
(1) Subparagraph (A) of section 151(d)(3) of such Code is
amended by striking ``the exemption amount'' and inserting
``each dollar amount in effect under paragraph (1) (after any
adjustment under paragraph (4))''.
(2) Subparagraph (A) of section 151(d)(4) of such Code is
amended--
(A) by striking ``the dollar amount'' and inserting
``each dollar amount'', and
(B) by adding at the end thereof the following new
sentence: ``In the case of the $3,500 amount contained
in paragraph (1), the preceding sentence shall be
applied by substituting `1995' for `1989' the first
place it appears, and by substituting `1994' for
`1988'.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1994. | Family Unity Promotion Act of 1994 - Amends the Internal Revenue Code to allow married couples to make a combined return of income taxes under which each spouse is taxed using rates applicable to unmarried individuals. Makes the standard deduction applicable to such individual.
Allows certain spouses a full deduction for contributions to an individual retirement account.
Increases the personal exemption for a dependent child who has not attained age 18 from $2,000 to $3,500. | {"src": "billsum_train", "title": "Family Unity Promotion Act of 1994"} | 1,923 | 98 | 0.518543 | 1.255137 | 0.241526 | 2.011905 | 20.095238 | 0.845238 |
SECTION 1. SHORT TITLE
This Act may be cited as ``Aimee's Law''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Dangerous sexual offense.--The term ``dangerous sexual
offense'' means sexual abuse or sexually explicit conduct
committed by an individual who has attained the age of 18 years
against an individual who has not attained the age of 14 years.
(2) Murder.--The term ``murder'' has the meaning given the
term under applicable State law.
(3) Rape.--The term ``rape'' has the meaning given the term
under applicable State law.
(4) Sexual abuse.--The term ``sexual abuse'' has the
meaning given the term under applicable State law.
(5) Sexually explicit conduct.--The term ``sexually
explicit conduct'' has the meaning given the term under
applicable State law.
SEC. 3. REIMBURSEMENT TO STATES FOR CRIMES COMMITTED BY CERTAIN
RELEASED FELONS.
(a) Penalty.--
(1) Single state.--In any case in which a State convicts an
individual of murder, rape, or a dangerous sexual offense, who
has a prior conviction for any one of those offenses in a State
described in paragraph (3), the Attorney General shall transfer
an amount equal to the costs of incarceration, prosecution, and
apprehension of that individual, from Federal law enforcement
assistance funds that have been allocated to but not
distributed to the State that convicted the individual of the
prior offense, to the State account that collects Federal law
enforcement assistance funds of the State that convicted that
individual of the subsequent offense.
(2) Multiple states.--In any case in which a State convicts
an individual of murder, rape, or a dangerous sexual offense,
who has a prior conviction for any one or more of those
offenses in more than one other State described in paragraph
(3), the Attorney General shall transfer an amount equal to the
costs of incarceration, prosecution, and apprehension of that
individual, from Federal law enforcement assistance funds that
have been allocated to but not distributed to each State that
convicted such individual of the prior offense, to the State
account that collects Federal law enforcement assistance funds
of the State that convicted that individual of the subsequent
offense.
(3) State described.--A State is described in this
paragraph if--
(A) the State has not adopted Federal truth-in-
sentencing guidelines under section 20104 of the
Violent Crime Control and Law Enforcement Act of 1994
(42 U.S.C. 13704);
(B) the average term of imprisonment imposed by the
State on individuals convicted of the offense for which
the individual described in paragraph (1) or (2), as
applicable, was convicted by the State is less than 10
percent above the average term of imprisonment imposed
for that offense in all States; or
(C) with respect to the individual described in
paragraph (1) or (2), as applicable, the individual had
served less than 85 percent of the term of imprisonment
to which that individual was sentenced for the prior
offense.
(b) State Applications.--In order to receive an amount transferred
under subsection (a), the chief executive of a State shall submit to
the Attorney General an application, in such form and containing such
information as the Attorney General may reasonably require, which shall
include a certification that the State has convicted an individual of
murder, rape, or a dangerous sexual offense, who has a prior conviction
for one of those offenses in another State.
(c) Source of Funds.--Any amount transferred under subsection (a)
shall be derived by reducing the amount of Federal law enforcement
assistance funds received by the State that convicted such individual
of the prior offense before the distribution of the funds to the State.
The Attorney General, in consultation with the chief executive of the
State that convicted such individual of the prior offense, shall
establish a payment schedule.
(d) Construction.--Nothing in this subsection may be construed to
diminish or otherwise affect any court ordered restitution.
(e) Exception.--This section does not apply if the individual
convicted of murder, rape, or a dangerous sexual offense has been
released from prison upon the reversal of a conviction for an offense
described in subsection (a) and subsequently been convicted for an
offense described in subsection (a).
SEC. 4. COLLECTION OF RECIDIVISM DATA.
(a) In General.--Beginning with calendar year 2000, and each
calendar year thereafter, the Attorney General shall collect and
maintain information relating to, with respect to each State--
(1) the number of convictions during that calendar year
for--
(A) any sex offense in the State in which, at the
time of the offense, the victim had not attained the
age of 14 years and the offender had attained the age
of 18 years;
(B) rape; and
(C) murder; and
(2) the number of convictions described in paragraph (1)
that constitute second or subsequent convictions of the
defendant of an offense described in that paragraph.
(b) Report.--Not later than March 1, 2001, and on March 1 of each
year thereafter, the Attorney General shall submit to Congress a
report, which shall include--
(1) the information collected under subsection (a) with
respect to each State during the preceding calendar year; and
(2) the percentage of cases in each State in which an
individual convicted of an offense described in subsection
(a)(1) was previously convicted of another such offense in
another State during the preceding calendar year.
Passed the House of Representatives July 11, 2000.
Attest:
JEFF TRANDAHL,
Clerk. | Makes the above inapplicable if the convicted person has been released from prison upon the reversal of the conviction and has been convicted subsequently of such offense.
(Sec. 4) Directs the Attorney General to collect and maintain, with respect to each State, information relating to: (1) the number of convictions during a calendar year for rape, for murder, and for any sex offense in which, at the time of the offense, the victim had not attained age 14 and the offender had attained age 18; and (2) the number of such convictions that constitute second or subsequent convictions. Directs the Attorney General to report to Congress on such information and on the percentage of cases in each State in which the individual convicted was previously convicted of another such offense in another State during the preceding calendar year. | {"src": "billsum_train", "title": "Aimee's Law"} | 1,262 | 183 | 0.544714 | 1.631271 | 0.651542 | 4.420382 | 7.401274 | 0.968153 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``High-Performance Buildings Act of
2005''.
SEC. 2. INCLUDING SUSTAINABLE DEVELOPMENT IN HOUSING STRATEGY.
Section 105(b) of the Cranston-Gonzalez National Affordable Housing
Act of 1990 (42 U.S.C. 12705(b)) is amended--
(1) by striking ``and'' at the end of paragraph (19);
(2) by striking the period at the end of paragraph (20) and
inserting ``; and'';
(3) and by inserting after paragraph (20) the following:
``(21) describe the jurisdiction's strategies to encourage
sustainable development for affordable housing, as measured
by--
``(A) greater energy efficiency;
``(B) increased conservation and reuse of
resources;
``(C) more effective use of existing
infrastructure; and
``(D) such other criteria as the Secretary
determines are in accordance with the purposes of this
paragraph.''.
SEC. 3. GRANT PROGRAM TO INCREASE SUSTAINABLE LOW-INCOME COMMUNITY
DEVELOPMENT CAPACITY.
(a) In General.--The Secretary of Housing and Urban Development may
make grants to nonprofit organizations to use for any of the following
purposes:
(1) Training, educating, supporting, or advising an
eligible community development organization in improving energy
efficiency, resource conservation and reuse, and effective use
of existing infrastructure in affordable housing and economic
development activities in low-income communities.
(2) Providing loans, grants, or predevelopment assistance
to eligible community development organizations to carry out
energy efficiency improvements, resource conservation and
reuse, and effective use of existing infrastructure in
affordable housing and economic development activities in low-
income communities.
(3) Such other purposes as the Secretary determines are in
accordance with the purposes of this subsection.
(b) Application Requirement.--To be eligible for a grant under this
section, a nonprofit organization shall prepare and submit to the
Secretary an application at such time, in such manner, and containing
such information as the Secretary may require.
(c) Matching Requirement.--A grant made under this section may not
exceed the amount that the nonprofit organization receiving the grant
certifies, to the Secretary, will be provided (in cash or in kind) from
non-governmental sources to carry out the purposes for which the grant
is made.
(d) Definitions.--In this section:
(1) The term ``nonprofit organization'' has the meaning
given such term in section 104 of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 12704).
(2) The term ``eligible community development
organization'' means--
(A) a unit of general local government (as defined
in section 104 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12704);
(B) a community housing development organization
(as defined in section 104 of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 12704); or
(C) a tribal government (as defined in section 421
of the Congressional Budget Act of 1974 (2 U.S.C. 658).
(3) The term ``low-income community'' means a census tract
in which 50 percent or more of the households have an income
which is less than 80 percent of the greater of--
(A) the area median gross income for such year for
the area in which such census tract is located; or
(B) the median gross income for such year for the
State in which such census tract is located.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section $10,000,000 for
each of fiscal years 2007 through 2011.
SEC. 4. SUSTAINABLE BUILDING INSTITUTE.
The National Science Foundation Act of 1950 (42 U.S.C. 1861 et
seq.) is amended by adding at the end the following:
``SEC. 17. SUSTAINABLE BUILDING INSTITUTE.
``(a) Establishment.--There is established within the Foundation a
Sustainable Building Institute (hereinafter in this section referred to
as the `Institute').
``(b) Duties and Functions.--
``(1) Undertaking and supporting research and other
activities.--The Institute shall undertake, or support through
providing grants, loans, or other forms of assistance--
``(A) research regarding the relationships among
indoor environmental quality, human health, and human
productivity; and
``(B) research, development, and commercial
application of energy efficiency and renewable energy
technologies for buildings, including--
``(i) water heating systems and lighting
systems;
``(ii) building insulation technology;
``(iii) technology and methods for
improving the cost effectiveness of fuel cells;
and
``(iv) technology and methods for reducing
the installation costs of solar photovoltaic
energy systems.
``(2) Consultation to avoid duplication.--The Institute
shall consult with other Federal agencies to avoid duplication
of activities authorized under this subsection.''. | High Performance Buildings Act of 2005 - Amends the Cranston-Gonzalez National Affordable Housing Act of 1990 to require that state and local housing strategies include a description of the jurisdiction's strategies to encourage sustainable development for affordable housing.
Authorizes the Secretary of Housing and Urban Development to make grants to nonprofit organizations to use for specified purposes to improve or carry out energy efficiency, resource conservation and reuse, and effective use of existing infrastructure in affordable housing and economic development activities in low-income communities.
Establishes within the National Science Foundation a Sustainable Building Institute to undertake or support through providing grants, loans, or other assistance: (1) research regarding the relationships among indoor environmental quality, human health, and human productivity; and (2) research, development, and commercial application of energy efficiency and renewable energy technologies for buildings. | {"src": "billsum_train", "title": "To increase the use and research of sustainable building design technology, and for other purposes."} | 1,152 | 170 | 0.621162 | 1.745763 | 0.815861 | 4.855346 | 6.503145 | 0.955975 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Solar Stimulus for Job Creation and
Energy Independence Act of 2009''.
SEC. 2. TEMPORARY REFUNDABILITY OF SOLAR ENERGY CREDIT.
(a) Residential Solar Energy Credit.--Subsection (c) of section 25D
of the Internal Revenue Code of 1986 (relating to limitation based on
amount of tax; carryforward of unused credit) is amended by adding at
the end the following new paragraph:
``(3) Temporary refundability of solar energy credit.--
``(A) In general.--The aggregate credits allowed to
the taxpayer under subpart C shall be increased by the
credit which would be determined under paragraphs (1)
and (2) of subsection (a) for expenditures made during
the taxable year without regard to section 26(a)(2) or
paragraphs (1) of this subsection, as the case may be.
Credits allowed under subpart C by reason of the
preceding sentence shall not be taken into account in
determining the excess described in paragraph (2).
``(B) Termination.--Subparagraph (A) shall not
apply to any taxable year ending after December 31,
2010.''.
(b) Business Solar Energy Credit.--
(1) In general.--Subsection (c) of section 38 of such Code
(relating to limitation based on amount of tax) is amended by
redesignating paragraph (5) as paragraph (6) and by inserting
after paragraph (4) the following new paragraph:
``(5) Special rules for solar energy credits.--
``(A) In general.--In the case of the solar energy
credits--
``(i) this section and section 39 shall be
applied separately with respect to such
credits,
``(ii) in applying paragraph (1) to such
credits--
``(I) the tentative minimum tax
shall be treated as being zero, and
``(II) the limitation under
paragraph (1) (as modified by subclause
(I)) shall be reduced by the credit
allowed under subsection (a) for the
taxable year (other than the solar
energy credits), and
``(iii) the amount of the solar energy
credits in excess of the limitation under
paragraph (1) (as modified by subclause (II))
shall be treated as a credit under subpart C.
``(B) Solar energy credits.--For purposes of this
subsection, the term `solar energy credits' means so
much of the energy credit as is attributable to
property described in clause (i) or (ii) of section
48(a)(3)(A).
``(C) Termination.--This paragraph shall not apply
to any taxable year ending after December 31, 2010.''.
(2) Conforming amendments.--
(A) Subclause (II) of section 38(c)(2)(A)(ii) of
such Code is amended by striking ``and the specified
credits'' and inserting ``the specified credits, and
the solar energy credits''.
(B) Subclause (II) of section 38(c)(3)(A)(ii) of
such Code is amended by striking ``and the specified
credits'' and inserting ``, the specified credits, and
the solar energy credits''.
(C) Subclause (II) of section 38(c)(4)(A)(ii) of
such Code is amended by inserting ``and the solar
energy credits'' after ``specified credits''.
(D) Paragraph (2) of section 1324(b) of title 31,
United States Code, is amended--
(i) by inserting ``25D(c)(3),'' before
``35,'' and
(ii) by inserting ``38(c)(5),'' after
``36,''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 3. TEMPORARY REFUNDABILITY OF DEPRECIATION DEDUCTION FOR SOLAR
ENERGY PROPERTY.
(a) In General.--Subparagraph (A) of section 48(a)(2) of the
Internal Revenue Code of 1986 (relating to energy credit) is amended by
striking ``and'' at the end of clause (i), by redesignating clause (ii)
as clause (iii), and by inserting after clause (i) the following new
clause:
``(ii) at the election of the taxpayer for
any taxable year ending before January 1, 2011,
33\1/3\ percent of the aggregate deductions
which would (but for subparagraph (C)) be
allowed for the taxable year for property
described in clause (i) or (ii) of paragraph
(3)(A), and''.
(b) Denial of Depreciation Where Credit Elected.--Paragraph (2) of
section 48(a) of such Code is amended by adding at the end the
following new subparagraph:
``(C) Denial of depreciation, etc., where credit
elected.--No deduction for depreciation (or
amortization in lieu of depreciation) shall be allowed
for the taxable year with respect to property described
in clause (i) or (ii) of paragraph (3)(A) if the
taxpayer makes the election under subparagraph (A)(ii)
with respect to such property. Notwithstanding the
preceding sentence, deductions not allowed by the
preceding sentence shall be treated as allowed for
purposes of applying section 1016.''.
(c) Conforming Amendment.--Clause (iii) of section 48(a)(2) of such
Code is amended by striking ``clause (i) does not apply'' and inserting
``neither clause (i) nor (ii) apply''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 4. EXCEPTION FROM PRIVATE ACTIVITY BOND TESTS FOR FINANCING OF
SOLAR ENERGY PROPERTY.
(a) Exception From Private Business Use Test.--Paragraph (6) of
section 141(b) of the Internal Revenue Code of 1986 is amended by
adding at the end the following new subparagraph:
``(C) Solar energy property.--For purposes of
subparagraph (A), property described in clause (i) or
(ii) of section 48(a)(3)(A) shall not be treated as
used in a trade or business.''.
(b) Exception From Private Loan Financing Test.--Paragraph (2) of
section 141(c) of such Code (relating to exception for tax assessment,
etc., loans) is amended by striking ``or'' at the end of subparagraph
(B), by striking the period at the end of subparagraph (C) and
inserting ``, or'', and by adding at the end the following new
subparagraph:
``(D) enables the borrower to finance the
acquisition, construction, and installation of property
described in clause (i) or (ii) of section
48(a)(3)(A).''.
(c) Effective Date.--The amendments made by this section shall
apply to obligations issued after the date of the enactment of this
Act.
SEC. 5. EXCEPTION FROM SUBSIDIZED ENERGY FINANCING RULES FOR SOLAR
ENERGY PROPERTY.
(a) In General.--Subparagraph (C) of section 48(a)(4) of the
Internal Revenue Code of 1986 (defining subsidized energy financing) is
amended by adding at the end the following new sentence: ``Such term
shall not include any loan described in section 141(c)(2)(D).''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to property placed in service after such date in taxable years
ending after such date.
SEC. 6. REFUNDABLE INVESTMENT CREDIT FOR PROPERTY USED TO MANUFACTURE
SOLAR ENERGY PROPERTY.
(a) In General.--Subparagraph (A) of section 48(a)(3) of the
Internal Revenue Code of 1986 (defining energy property) is amended by
striking ``or'' at the end of clause (vi), by adding ``or'' at the end
of clause (vii), and by inserting after clause (vii) the following new
clause:
``(viii) property used to manufacture
equipment described in clause (i) or (ii),''.
(b) Credit To Be Refundable.--Section 38(c)(5)(B) of such Code, as
added by this Act, is amended by striking ``or (ii)'' and inserting ``,
(ii), or (viii)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 7. GOVERNMENT PROCUREMENT OF SOLAR ENERGY.
Section 203 of the Energy Policy Act of 2005 (42 U.S.C. 15852) is
amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Contracts for Renewable Energy.--Notwithstanding section
501(b)(1)(B) of title 40, United States Code, a contract for renewable
energy may be made for a period of not more than 25 years.''. | Solar Stimulus for Job Creation and Energy Independence Act of 2009 - Amends the Internal Revenue Code to: (1) provide for the refundability of the residential energy efficiency tax credit for solar electric and water heating property, and for business-related solar energy tax credits, through 2010; (2) allow an election to take an increased depreciation allowance for solar energy property until 2011; (3) exempt solar energy property from private activity bond usage and loan financing rules; and (4) allow a refundable energy tax credit for investment in property used to manufacture solar energy property.
Amends the Energy Policy Act of 2005 to limit to 25 years the contract period for federal purchases of renewable energy. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to treat certain solar energy credits as refundable credits, to allow a new refundable credit for equipment used to manufacture solar energy property, to waive the application of the subsidized financing rules to such property, and for other purposes."} | 2,174 | 142 | 0.55809 | 1.325896 | 0.670338 | 2.216418 | 13.634328 | 0.828358 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Disability Equity Act''.
SEC. 2. ELIMINATION OF 5-MONTH WAITING PERIOD FOR BENEFITS BASED ON
DISABILITY.
(a) Disability Insurance Benefits.--
(1) In general.--The first sentence of section 223(a)(1) of
the Social Security Act (42 U.S.C. 423(a)(1)) is amended by
striking ``(i) for each month'' and all that follows through
``the first month in which he is under such disability'' and
inserting the following: ``for each month beginning with the
first month during all of which such individual is under a
disability and in which such individual becomes so entitled to
such insurance benefits''.
(2) Waiting period eliminated from determination of benefit
amount.--
(A) In general.--The first sentence of section
223(a)(2) of such Act (42 U.S.C. 423(a)(2)) is amended
by striking ``in--'' and all that follows through ``and
as though'' and inserting the following: ``in the first
month for which such individual becomes entitled to
such disability insurance benefits, and as though''.
(B) Conforming amendment.--The second sentence of
section 223(a)(2) of such Act (42 U.S.C. 423(a)(2)) is
amended by striking ``subparagraph (A) or (B) of such
sentence, as the case may be'' and inserting ``such
sentence''.
(3) Elimination of defined term.--
(A) In general.--Section 223(c)(2) of such Act is
repealed.
(B) Conforming amendments.--
(i) The heading of section 223(c) of such
Act (42 U.S.C. 423(c)) is amended to read as
follows: ``Definition of Insured Status''.
(ii) Section 223(c)(1) of such Act (42
U.S.C. 423(c)(1)) is amended by striking ``For
purposes of subparagraph (B) of this paragraph,
when the number of quarters'' in the last
sentence and inserting the following:
``(2) In applying paragraph (1)(B), when the number of
quarters''.
(b) Widow's Insurance Benefits Based on Disability.--
(1) In general.--Section 202(e)(1)(F) of such Act (42
U.S.C. 402(e)(1)(F)) is amended to read as follows:
``(F) if she satisfies subparagraph (B) by reason of clause
(ii) thereof, the first month during all of which she is under
a disability and in which she becomes so entitled to such
insurance benefits,''.
(2) Elimination of defined term.--Section 202(e) of such
Act (42 U.S.C. 402(e)) is amended--
(A) by striking paragraph (5); and
(B) by redesignating paragraphs (6), (7), and (8)
as paragraphs (5), (6), and (7), respectively.
(c) Widower's Insurance Benefits Based on Disability.--
(1) In general.--Section 202(f)(1)(F) of such Act (42
U.S.C. 402(f)(1)(F)) is amended to read as follows:
``(F) if he satisfies subparagraph (B) by reason of clause
(ii) thereof, the first month during all of which he is under a
disability and in which he becomes so entitled to such
insurance benefits,''.
(2) Elimination of defined term.--Section 202(f) of such
Act (42 U.S.C. 402(f)) is amended--
(A) by striking paragraph (5); and
(B) by redesignating paragraphs (6), (7), and (8)
as paragraphs (5), (6), and (7), respectively.
(d) Elimination of Waiting Period for Commencement of Periods of
Disability.--Section 216(i)(2)(A) of such Act (42 U.S.C. 416(i)(2)(A))
is amended by striking ``, but only'' and all that follows and
inserting a period.
(e) Effective Dates.--The amendments made by subsection (a) shall
apply with respect to benefits under section 223 of the Social Security
Act, or under section 202 of such Act on the basis of the wages and
self-employment income of an individual entitled to benefits under such
section 223, for months following the month in which this Act is
enacted. The amendments made by subsections (b) and (c) shall apply
with respect to benefits based on disability under subsection (e) or
(f) of section 202 of the Social Security Act (42 U.S.C. 402) for
months following the month in which this Act is enacted. The amendment
made by subsection (d) shall apply only with respect to applications
for disability determinations filed under title II of the Social
Security Act on or after the date of the enactment of this Act.
SEC. 3. ELIMINATION OF WAITING PERIOD FOR MEDICARE DISABILITY BENEFITS.
(a) In General.--Section 226(b) of the Social Security Act (42
U.S.C. 426(b)) is amended--
(1) in paragraph (2)(A), by striking ``, and has for 24
calendar months been entitled to,'';
(2) in paragraph (2)(B), by striking ``, and has been for
not less than 24 months,'';
(3) in paragraph (2)(C)(ii), by striking ``, including the
requirement that he has been entitled to the specified benefits
for 24 months,''; and
(4) in the flush matter following paragraph
(2)(C)(ii)(II)--
(A) in the matter before the first complete
sentence, by striking ``for each month beginning with
the later of (I) July 1973 or (II) the twenty-fifth
month of his'' and inserting ``for each month beginning
with the first month of the individual's'';
(B) in the first complete sentence, by striking
``the `twenty-fifth month of his entitlement' refers to
the first month after the twenty-fourth month of
entitlement to specified benefits referred to in
paragraph (2)(C) and'' and inserting ``the `first month
of the individual's entitlement' refers to the first
month of entitlement to specified benefits referred to
in paragraph (2)(C) and''; and
(C) in the second complete sentence, by striking
``, but not in excess of 78 such months''.
(b) Conforming Amendments.--
(1) Subsections (f) and (h) of section 226 of the Social
Security Act (42 U.S.C. 426) are repealed.
(2) Section 1811(2) of such Act (42 U.S.C. 1395c(2)) is
amended by striking ``who have been entitled for not less than
24 months'' and inserting ``who are entitled''.
(3) Section 1837(g)(1) of such Act (42 U.S.C. 1395p(g)(1))
is amended by striking ``of the later of (A) April 1973 or (B)
the third month before the 25th month of such entitlement'' and
inserting ``of the first month of such entitlement''.
(4) Section 7(d)(2)(ii) of the Railroad Retirement Act of
1974 (45 U.S.C. 231f(d)(2)(ii)) is amended--
(A) by striking ``, for not less than 24 months'';
and
(B) by striking ``could have been entitled for 24
calendar months, and could currently be entitled,'' and
inserting ``could currently be entitled''.
(c) Effective Date.--The amendments made by this section shall
apply to insurance benefits under title XVIII of the Social Security
Act with respect to items and services furnished in months beginning
after the date of the enactment of this Act. | Disability Equity Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to eliminate: (1) the five-month waiting period for an individual (including a disabled widow or widower) to be eligible for benefits based on disability; and (2) the waiting period for benefits under SSA title XVIII (Medicare). | {"src": "billsum_train", "title": "To amend title II of the Social Security Act to eliminate the waiting periods for people with disabilities for entitlement to disability benefits and Medicare, and for other purposes."} | 1,899 | 89 | 0.484135 | 1.118749 | 0.331533 | 2.355263 | 20.407895 | 0.855263 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Valle Vidal Preservation Act.''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Valle Vidal Unit of the Carson National Forest
comprises approximately 100,000 acres of some of the finest
scenic, wildlife, and outdoor recreational resources in New
Mexico;
(2) the Valle Vidal provides a home for a spectacular array
of game and nongame wildlife, in a setting that uniquely allows
for close public interaction;
(3) the Valle Vidal provides an unparalleled opportunity to
hunt world-class trophy elk among New Mexico's largest herd,
drawing hunters from throughout the State, region, and the
United States;
(4) the Valle Vidal is an important component of efforts to
recover the native Rio Grande cutthroat trout and provides
miles of fish habitat prized by anglers;
(5) the open meadows and sweeping vistas of the Valle Vidal
are extraordinary for the region, allowing visitors to take in
the expansive spaces filled with tall grass and thick patches
of pine, spruce, and aspen;
(6) the Valle Vidal comprises the headwaters of the Rio
Costilla in the Rio Grande watershed, and numerous streams in
the Canadian River drainage, making it an important source of
fresh water for human and wildlife needs in New Mexico;
(7) the Valle Vidal is an important part of New Mexico's
ranching heritage and the local ranchers have worked
cooperatively with the Forest Service to establish a grazing
program within the Valle Vidal that meets the needs of the
ranchers, the wildlife, and visitors with notable sensitivity
to protection of the natural resources;
(8) the wilds of the Valle Vidal provide an outstanding
backcountry experience for enthusiasts, including the Scouts of
the nearby Philmont Scout Ranch; and
(9) for these and other reasons, the Valle Vidal is
treasured as a special place for New Mexicans justifying
enhanced protection so future generations may enjoy the Valle
Vidal.
SEC. 3. DEFINITIONS.
In this Act:
(1) Preserve.--The term ``Preserve'' means the Valle Vidal
National Preserve.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(3) State.--The term ``State'' means the State of New
Mexico.
SEC. 4. VALLE VIDAL NATIONAL PRESERVE, NEW MEXICO.
(a) Establishment.--To preserve the wildlife, scenic, watershed,
recreational, geological, educational, and scientific values of the
Valle Vidal and to secure now and for future generations the
opportunity to experience and enjoy the wonders of the area, there is
established the Valle Vidal National Preserve.
(b) Boundaries.--The boundaries of the Preserve shall be those of
the Valle Vidal Unit of the Carson National Forest in existence on the
date of enactment of this Act.
(c) Purpose.--The purpose of the Preserve is to protect and enhance
the values described in subsection (a) for current and future
generations.
(d) Withdrawal.--Subject to valid existing rights, the Federal land
and interests in land included within the Preserve are withdrawn from--
(1) all forms of entry, appropriation, or disposal under
the public land laws;
(2) location, entry, and patent under the public land
mining laws; and
(3) operation of the mineral leasing and geothermal leasing
laws and the mineral materials laws.
(e) Fish and Game.--
(1) In general.--Except as provided in paragraph (2),
nothing in this title affects the responsibilities of the State
with respect to fish and wildlife, including the regulation of
hunting, fishing, and trapping within the Preserve.
(2) No hunting, fishing, or trapping zones or periods.--The
Secretary may, in consultation with the State, designate zones
where, and establish periods when, no hunting, fishing, or
trapping shall be permitted in the Preserve for reasons of
public safety, administration, the protection of nongame
species and their habitats, or public use and enjoyment.
(f) Management.--
(1) In general.--The Secretary shall manage the Preserve in
a manner that conserves, protects, and enhances the resources
and values of the Preserve (including the resources and values
described in subsection (a)) pursuant to the laws applicable to
the National Forests and other applicable law, including this
Act.
(2) Use.--The Secretary shall allow only such uses of the
Preserve as the Secretary finds will further the purposes for
which the Preserve is established.
(3) Limitation on use of motorized vehicles.--Unless needed
for administrative purposes or to respond to an emergency (as
determined by the Secretary), use of a motorized vehicle in the
Preserve shall be permitted only on roads specifically
designated for such use by the Secretary.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Valle Vidal Preservation Act - Establishes the Valle Vidal National Preserve in New Mexico to preserve the wildlife, scenic, watershed, recreational, geological, educational, and scientific values of the area. Withdraws federal lands within the Preserve from all forms of entry, appropriation, or disposal under the public land, mining, and mineral and geothermal leasing laws. | {"src": "billsum_train", "title": "A bill to establish the Valle Vidal National Preserve in the State of New Mexico."} | 1,120 | 87 | 0.546794 | 1.598492 | 0.787872 | 5.742424 | 15.19697 | 0.954545 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Wildlife Management Act of
2011''.
SEC. 2. STATUS OF POPULATION SEGMENTS OF GRAY WOLVES.
(a) Section 4 of the Endangered Species Act of 1973 (16 U.S.C.
1533) is amended by adding at the end the following:
``(j) Status of Gray Wolves.--
``(1) Status of northern rocky mountain distinct population
segment.--
``(A) In general.--Notwithstanding any other
provision of law (including regulations), any gray wolf
that is located in any State that is within the range
of the Northern Rocky Mountain distinct population
segment or anywhere in the State of Nevada or Colorado
shall not be treated as an endangered species or
threatened species and shall not be subject to this
Act, except as provided in subparagraph (B).
``(B) State management authority.--
``(i) Each of the States that is within the
range of the Northern Rocky Mountain distinct
population segment, and each of Nevada and
Colorado, may manage all gray wolves within its
boundaries for so long as there are at least
450 gray wolves in the Northern Rocky Mountain
distinct population segment.
``(ii) If the number of gray wolves in such
segment is less than 450 gray wolves, as
demonstrated by the Secretary of the Interior,
gray wolf populations within the Northern Rocky
Mountain distinct population segment shall be
temporarily treated as an endangered species or
threatened species, as determined by the
Secretary, and clause (i) shall not apply,
until the Secretary determines that the number
of gray wolves in such segment is equal to at
least 450 during 2 consecutive years.
``(2) Status of western great lakes distinct population
segment.--
``(A) In general.--Notwithstanding any other
provision of the law (including regulations), any gray
wolf that is located in any State that is within the
range of the Western Great Lakes distinct population
segment shall not be treated as an endangered species
or threatened species and shall not be subject to this
Act, except as provided in subparagraph (B).
``(B) State management authority.--
``(i) Each of the States that is within the
range of the Western Great Lakes distinct
population segment may manage all gray wolves
within its boundaries for so long as the number
of gray wolves within its boundaries is--
``(I) for Minnesota, at least
1,200;
``(II) for Michigan, at least 150;
and
``(III) for Wisconsin, at least
150.
``(ii) If the number of gray wolves in such
a State is less than the number specified for
the State in clause (i), as demonstrated by the
Secretary of the Interior, gray wolf
populations in that State that are part of the
Western Great Lakes distinct population segment
shall be temporarily treated as an endangered
species or threatened species, as determined by
the Secretary, and clause (i) shall not apply
with respect to that State, until the Secretary
determines that the number of gray wolves in
such State is equal to at least that number
during 2 consecutive years.
``(3) Status of arizona and new mexico gray wolf.--
``(A) In general.--Notwithstanding any other
provision of the law (including regulations) any gray
wolf that is located in Arizona or New Mexico shall not
be treated as an endangered species or threatened
species and shall not be subject to this Act, except as
provided in subparagraph (B).
``(B) State management authority.--
``(i) Each of the States of Arizona and New
Mexico may manage all gray wolves within its
boundaries for so long as the combined total
number of gray wolves in those States is at
least 100 gray wolves.
``(ii) If the combined total number of gray
wolves in those States is less than the number
specified in clause (i), as demonstrated by the
Secretary of the Interior, gray wolf
populations in those States shall be
temporarily treated as an endangered species or
threatened species, as determined by the
Secretary, and clause (i) shall not apply with
respect to those States, until the Secretary
determines that the combined total number of
gray wolves in those States is equal to at
least that number during 2 consecutive years.
``(4) Definitions.--In this subsection:
``(A) Gray wolf.--The term `gray wolf' means any
taxonomic group traditionally associated with the gray
wolf, including Canus lupus, Canus lupus lycaon, and
Canus lupus baileyi, regardless of specific taxonomy of
any particular gray wolf variety as a species,
subspecies, or other designation.
``(B) Northern rocky mountain distinct population
segment.--The term `Northern Rocky Mountain distinct
population segment' means the distinct population
segment of gray wolf described by the United States
Fish and Wildlife Service in the final rule entitled
`Endangered and Threatened Wildlife and Plants; Final
Rule Designating the Northern Rocky Mountain Population
Segment of Gray Wolf as a Distinct Population Segment
and Removing the Distinct Population Segment From the
Federal List of Endangered and Threatened Wildlife' (73
Fed. Reg. 10514 (February 27, 2008)).
``(C) Western great lakes distinct population
segment.--The term `Western Great Lakes distinct
population segment' means the distinct population
segment of gray wolf described by the United States
Fish and Wildlife Service in the Final Rule to Delist
Gray Wolf Western Great Lakes Distinct Population
Segment, as published February 8, 2007 (72 Fed. Reg.
6052).''. | State Wildlife Management Act of 2011 - Amends the Endangered Species Act of 1973 (ESA) to prohibit any gray wolf from being treated as an endangered species or threatened species or from being subject to such Act if the wolf: (1) is located in any state within the range of the Northern Rocky Mountain distinct population segment or anywhere in Nevada or Colorado and there are at least 450 gray wolves in such segment; (2) is located in any state within the range of the Western Great Lakes distinct population segment and the number of gray wolves within such state's boundaries is at least 1,200 for Minnesota, 150 for Michigan, and 150 for Wisconsin; or (3) is located in Arizona or New Mexico if the combined total number of gray wolves in those states is at least 100. Provides for: (1) state regulation of gray wolves if the population meets or exceeds the applicable number for such state; or (2) treatment as an endangered or threatened species if the number of gray wolves is less than that number until the Secretary determines that the number of gray wolves in such state equals at least that number during two consecutive years.
Defines "gray wolf" as any taxonomic group traditionally associated with the gray wolf, including Canus lupus, Canus lupus lycaon, and Canus lupus baileyi, regardless of specific taxonomy of any particular gray wolf variety as a species, subspecies, or other designation. | {"src": "billsum_train", "title": "To amend the Endangered Species Act of 1973 to provide for State management of population segments of gray wolves in the United States, and for other purposes."} | 1,240 | 323 | 0.71836 | 2.052083 | 0.810775 | 4.419118 | 4.327206 | 0.933824 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``America's Fund for Future
Opportunities and Outcomes in the United States Act of 2013'' or
``America's FOCUS Act of 2013''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States faces increasing competition from
countries with populations of a billion or more inhabitants,
who contribute to the human capital of these countries and
improve their performance in the global economy.
(2) To ensure that the United States retains its leadership
position in the global economy, the United States should
maximize the opportunities and outcomes of its citizenry.
(3) The United States can achieve this goal by investing in
STEM education and character development for youth, justice
reinvestment efforts, and innovations in medical research and
development.
(4) To fund these investments in the public interest, the
United States should use revenue generated by acts perpetrated
against the public interest.
(5) As corporate and financial wrongdoing touches the lives
of all Americans, revenue generated by such acts should serve
as the basis for these investments.
(6) This revenue should be used to assist programs and
organizations seeking to better the Nation through their work
in the youth mentoring, justice reinvestment, and medical
research fields.
(7) In 1998, Congress issued Federal charters to the Boys
and Girls Clubs of America and Big Brothers Big Sisters of
America in recognition of their work helping children reach
their full potential and succeed in American public life. Youth
mentoring organizations still carry out this work and are
putting children on the path to self-sufficiency. These
organizations include--
(A) the Boys and Girls Clubs of America;
(B) Big Brothers Big Sisters of America;
(C) National CARES Mentoring Movement;
(D) the First Tee;
(E) Amachi;
(F) FIRST Robotics;
(G) the U.S. DREAM Academy;
(H) GEAR UP;
(I) the YMCA;
(J) Civil Air Patrol;
(K) the National Council of Youth Sports;
(L) Girls Inc.; and
(M) National Urban League.
(8) Innovations in medical research and development
significantly benefit the American people. For example, through
innovations in the diagnosis and treatment of life-threatening
diseases, Americans are now living longer and more productive
lives, contributing to the economic growth of the United
States. Additional investments in medical research and
development will contribute to overall public health and
productivity in America.
(9) Through participation in the Justice Reinvestment
Initiative, State governments have implemented evidence-based
criminal justice reforms. These reforms are cost effective,
redirecting revenue to better serve the public safety needs of
local communities. In addition, these reforms have decreased
risks of recidivism and instituted alternatives to
incarceration for non-violent offenders. According to a July
2013 report from the Urban Institute, States participating in
the Justice Reinvestment Initiative may achieve $3.3 billion in
savings over the next 10 years. Additional funding to the
Initiative would better enable State and local governments to
carry out this work and achieve these savings.
SEC. 3. AMERICA'S FOCUS FUND.
(a) Establishment.--There is established in the Treasury a separate
account to be known as the America's FOCUS Fund (hereafter in this Act
referred to as the ``Fund'').
(b) Revenue Deposited in Fund.--Except as provided in subsection
(c), the Secretary of the Treasury shall deposit in the Fund--
(1) all revenue generated by civil and criminal fines and
penalties for the violation or alleged violation of Federal
law;
(2) all revenue generated by legal settlements reached
between corporations and the Federal Government for the
violation or alleged violation of Federal law; and
(3) any gift, bequest, or donation to the Fund from a
private entity or individual, if such gift, bequest, or
donation does not attach any condition inconsistent with
Federal law or regulations.
(c) Exceptions.--The Secretary may not deposit in the Fund--
(1) revenue designated for deposit in the Crime Victims
Fund established by section 1402 of the Victims of Crime Act of
1984 (42 U.S.C. 10601); or
(2) revenue that has been designated by Federal law or
court order for deposit in a fund other than the General Fund.
(d) Use of Funds.--
(1) In general.--Revenue in the Fund shall be used for the
following purposes:
(A) Youth mentoring grants.--Not more than 33
percent of the total revenue in the Fund as calculated
on a quarterly basis shall be used to award grants for
evidence-based youth mentoring and STEM education, in
the manner provided in section 4.
(B) Justice reinvestment grants.--Not more than 33
percent of the total revenue in the Fund as calculated
on a quarterly basis shall be used to award grants for
evidence-based justice reinvestment, in the manner
provided in section 5.
(C) Medical innovation grants.--Not more than 33
percent of the total revenue in the Fund as calculated
on a quarterly basis shall be used to award grants and
prizes for innovations in medical research and
development, in the manner provided in section 6.
(D) Reducing the federal debt.--The Secretary shall
use the remaining revenue for Federal budget deficit
reduction or, if there is no Federal budget deficit for
the fiscal year, for reducing the Federal debt in such
manner as the Secretary considers appropriate.
(2) Requirement to supplement, not supplant other funds.--
Grant funds awarded under this Act shall be used to supplement,
and not supplant, other Federal, State, and local funds
designated to carry out the activities funded by the grants.
(e) Retention of Sums in Fund.--Sums deposited in the Fund shall
remain in the Fund and be available for expenditure for grants under
this Act without fiscal year limitation.
SEC. 4. YOUTH MENTORING GRANTS.
(a) In General.--
(1) Youth mentoring grants.--The Secretary of Education, in
cooperation with the Federal Mentoring Council, shall award
grants to eligible entities that provide evidence-based youth
mentoring programs, using the revenue designated for such
purpose in subparagraph (A) of section 3(d)(1).
(2) STEM education grants.--The Associate Administrator for
Education for the National Aeronautics and Space Administration
shall award grants to eligible entities that offer STEM
education to individuals under the age of 21, using the revenue
designated for such purpose in subparagraph (A) of section
3(d)(1).
(b) Eligible Entity.--An entity is eligible for a grant under this
section if it is--
(1) a national non-profit, community-based organization
with at least 2 years of experience in administering STEM
education programs or youth mentoring programs; or
(2) a State or local government.
(c) Application.--An entity seeking to receive a grant under this
section shall submit an application at such time and in such form as
the Secretary may reasonably require.
(d) Distribution of Funds.--Of the funds available under this
section, 25 percent shall be allocated for the award of grants to State
and local governments.
(e) Use of Funds.--
(1) State and local governments.--
(A) In general.--A State or local government that
receives a grant under this section shall distribute
the grant funds to non-profit, community-based
organizations and local educational agencies within the
jurisdiction of such government that provide evidence-
based mentoring or STEM education to individuals under
the age of 21.
(B) Funds reserved for vulnerable youth.--A State
or local government that receives grant funds under
this section shall allocate not less than 50 percent of
such funds for distribution to organizations described
in subparagraph (A) that provide evidence-based
mentoring or STEM education to vulnerable youth.
(2) Other entities.--
(A) In general.--An organization other than a State
or local government that receives a grant under this
section shall use the grant funds to establish or
expand one or more programs that provide evidence-based
mentoring or STEM education to individuals under the
age of 21.
(B) Funds reserved for persistent poverty
counties.--An organization other than a State or local
government that receives grant funds under this section
shall allocate not less than 10 percent of such funds
for programs that provide evidence-based mentoring or
STEM education in persistent poverty counties.
(f) Annual Award of Grants.--To the extent funds are available, the
grants under this section shall be awarded at least once during each
fiscal year, with the first grants to be awarded within 90 days after
the date of the enactment of this Act.
(g) Definitions.--In this section:
(1) STEM education program.--The term ``STEM education
program'' means a program to educate students in one or more of
the following disciplines: science, technology, engineering, or
mathematics.
(2) Persistent poverty counties.--The term ``persistent
poverty counties'' means any county that has had 20 percent or
more of its population living in poverty over the past 30
years, as measured by the 1990, 2000, and 2010 decennial
censuses.
(3) Vulnerable youth.--The term ``vulnerable youth''
includes individuals under the age of 21--
(A) who experience emotional and adjustment
problems;
(B) who have left or are at risk of leaving
secondary school without a diploma;
(C) who lack the skills to succeed in the workforce
after graduation;
(D) who live in an unstable family or community
environment;
(E) who are involved in the juvenile justice
system;
(F) who are homeless or live in foster care;
(G) who have physical or mental disabilities;
(H) who receive special education;
(I) who are or have been victims of human
trafficking; or
(J) who live in neighborhoods with high rates of
illegal drug use.
SEC. 5. JUSTICE REINVESTMENT GRANTS.
(a) In General.--The Attorney General shall use the revenue
designated for justice reinvestment grants in subparagraph (B) of
section 3(d)(1) to fund evidence-based justice reinvestment projects as
part of the Justice Reinvestment Initiative and programs established
under the Second Chance Act within the Department of Justice.
(b) Use of Funds.--
(1) State and local governments.--
(A) In general.--Except as provided in paragraphs
(2) and (3), 50 percent of the funds under this section
shall be used to award grants to State and local
governments for evidence-based justice reinvestment
projects.
(B) Funds reserved for persistent poverty
counties.--The Attorney General shall allocate not less
than 10 percent of such funds for projects that support
persistent poverty counties.
(2) Federal government.--The Attorney General may use not
more than 25 percent of the funds under this section to support
Federal justice reinvestment projects.
(3) Second chance act programs.--The Attorney General shall
allocate not more than 25 percent of the funds in this section
to grant programs established under the Second Chance Act
within the Department of Justice.
(c) Application.--An entity seeking to receive a grant under this
section shall submit an application at such time and in such form as
the Attorney General may reasonably require.
(d) Annual Award of Grants.--To the extent funds are available, the
Attorney General shall award grants under this section at least once
during each fiscal year, with the first grants to be awarded within 90
days after the date of the enactment of this Act.
(e) Persistent Poverty Counties Defined.--In this section, the term
``persistent poverty counties'' means any county that has had 20
percent or more of its population living in poverty over the past 30
years, as measured by the 1990, 2000, and 2010 decennial censuses.
SEC. 6. MEDICAL INNOVATION GRANTS.
(a) In General.--The Director of the National Institutes of Health
shall use the revenue designated for medical innovation in subparagraph
(C) of section 3(d)(1) to fund entities that conduct innovative medical
research and development.
(b) Use of Funds.--
(1) Grants.--
(A) In general.--Except as provided in paragraph
(2), the funds available under this section shall be
used to award grants to entities that conduct
innovative medical research and development to provide
faster cures for medical ailments and diseases.
(B) Application.--An entity seeking to receive a
grant under this paragraph shall submit an application
at such time and in such form as the Director may
reasonably require.
(2) Prizes.--The Director may use not more than 15 percent
of the funds available under this section to award monetary
prizes to entities that have used their own funding and
research facilities to produce innovative results in medical
research and development.
(c) Annual Award of Grants and Prizes.--To the extent funds are
available, the Director of the National Institutes of Health shall
award the grants and prizes under this section at least once during
each fiscal year, with the first grants and prizes to be awarded within
90 days after the date of the enactment of this Act. | America's Fund for Future Opportunities and Outcomes in the United States Act of 2013 or the America's FOCUS Act of 2013 - Establishes a separate account in the U.S. Treasury to be known as the America's FOCUS Fund, into which shall be deposited: (1) revenue generated by civil and criminal fines and penalties for violations or alleged violations of federal law; (2) revenue generated by legal settlements reached between corporations and the federal government for violations or alleged violations of federal law; and (3) gifts, bequests, or donations to the Fund from private entities or individuals. Requires that, of the total revenue in the Fund: (1) up to 33% be used to award grants for youth mentoring and science, technology, engineering, and mathematics (STEM) education; (2) up to 33% be used to award grants for justice reinvestment; (3) up to 33% be used to award grants and prizes for innovations in medical research and development; and (4) the remaining revenue be used to reduce the federal budget deficit or, if there is no deficit, to reduce the federal debt. Directs the Secretary of Education to award the grants for youth mentoring programs, and the Associate Administrator for Education for the National Aeronautics and Space Administration (NASA) to award the grants for STEM education programs, to: (1) national non-profit, community-based organizations with at least two years of experience in administering such programs; and (2) state or local governments. Requires that, of the funds available for justice reinvestment, the Department of Justice (DOJ): (1) award 50% to state and local governments for justice reinvestment projects, (2) use up to 25% of the funds to support federal justice reinvestment projects, and (3) allocate up to 25% of the funds to grant programs established under the Second Chance Act within DOJ. Requires the Director of the National Institutes of Health (NIH) to use the revenue designated for medical innovation to fund entities that conduct innovative medical research and development. Authorizes the Director to use up to 15% of those funds to award monetary prizes to entities that have used their own funding and research facilities to produce innovative results. Requires that the grant funds be used to supplement, not supplant, other federal, state, and local funds designated to carry out those activities. | {"src": "billsum_train", "title": "America's FOCUS Act of 2013"} | 2,856 | 500 | 0.519147 | 1.870948 | 0.652815 | 4.132609 | 5.869565 | 0.928261 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Technology Education Incentive Act
of 2003''.
SEC. 2. EMPLOYER CREDIT FOR EMPLOYEE VOLUNTEER SERVICES IN GRADES K-12.
(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 inserting after section 45F the following new
section:
``SEC. 45G. EMPLOYER CREDIT FOR EMPLOYEE VOLUNTEER SERVICES IN GRADES
K-12.
``(a) In General.--For purposes of section 38, the volunteer
education services credit determined under this section for the taxable
year is an amount equal to 20 percent of the wages paid or incurred by
the taxpayer during the taxable year for qualified employee services.
``(b) Maximum Credit Per Employee.--The credit determined under
this section with respect to services performed by an employee during
the taxable year shall not exceed $1,000.
``(c) Definitions.--For purposes of this section--
``(1) Qualified employee services.--The term `qualified
employee services' means any service furnished by an employee
of the taxpayer if--
``(A) the services are performed at a qualified K-
12 school,
``(B) the services are related to science,
mathematics, or engineering education at grades K-12 at
a qualified K-12 school,
``(C) the employee receives no additional
compensation for performing such services and the
employer receives no compensation for such services,
and
``(D) the services are determined by the qualified
K-12 school to be valuable to the school in providing
education in grades K-12 in the areas of science,
mathematics, or engineering.
``(2) Qualified k-12 school.--The term `qualified K-12
school' means any school located in the United States which
provides education in grades K-12 and which meets the
requirements of State law for providing such education.
``(3) Wages.--The term `wages' has the meaning given to
such term by section 51(c).
``(d) Controlled Groups.--Rules similar to the rules of section
1397(b) shall apply for purposes of this section.''
(b) Denial of Double Benefit.--Subsection (a) of section 280C of
such Code is amended by inserting ``45G(a),'' after ``45A(a),''.
(c) Credit Made Part of General Business Credit.--
(1) In general.--Subsection (b) of section 38 of such Code
(relating to current year business credit) is amended by
striking ``plus'' at the end of paragraph (14), by striking the
period at the end of paragraph (15) and inserting ``, plus'',
and by adding at the end thereof the following new paragraph:
``(16) volunteer education services credit determined under
section 45G(a).''.
(2) Limitation on carryback.--Subsection (d) of section 39
of such Code is amended by adding at the end the following new
paragraph:
``(11) No carryback of volunteer education services credit
before effective date.--No portion of the unused business
credit for any taxable year which is attributable to the credit
determined under section 45G may be carried back to any taxable
year ending before the date of the enactment of this
paragraph.''.
(3) Deduction for certain unused business credits.--
Subsection (c) of section 196 of such Code is amended by
striking ``and'' at the end of paragraph (9), by striking the
period at the end of paragraph (10) and inserting ``, and'',
and by adding after paragraph (10) the following new paragraph:
``(11) the volunteer education services credit determined
under section 45G(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
inserting after the item relating to section 45F the following new
item:
``Sec. 45G. Employer credit for employee
volunteer services in grades K-
12.''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
(f) Study.--The Secretary of Education and the Secretary of the
Treasury shall jointly conduct a study of the effect of the credit
under section 45G of the Internal Revenue Code of 1986, as added by
this Act, on the providing of volunteer services to which such credit
applies. The results of such study, together with any recommendations
for improving the effectiveness of such credit, shall be submitted to
the Congress not later than the date which is 2 years after the date of
the enactment of this Act. | Technology Education Incentive Act of 2003 - Amends the Internal Revenue Code to establish a volunteer education services credit for qualified employee services. Defines such services as any service furnished by an employee of the taxpayer if: (1) the services are performed at a qualified K-12 school; (2) the services are related to science, mathematics, or engineering education at grades K-12 at a qualified K-12 school; (3) the employee receives no additional compensation for performing such services and the employer receives no compensation for such services; and (4) the services are determined by the qualified K-12 school to be valuable to the school in providing education in grades K-12 in the areas of science, mathematics, or engineering.
Requires a study concerning such credit. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow employers a credit against income tax to encourage them to have their employees provide volunteer services that aid science, mathematics, and engineering education in grades K-12."} | 1,090 | 158 | 0.681193 | 1.747775 | 0.814336 | 5.454545 | 6.783217 | 0.923077 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regional Jet Air Service Improvement
Act''.
SEC. 2. AMENDMENT OF TITLE 49, UNITED STATES CODE.
Subtitle VII of title 49, United States Code, is amended by adding
at the end thereof the following:
``Part E.--Regional Air Service Incentive Program
``Sec.
``49201. Purpose.
``49202. Definitions.
``49203. Loan guarantees.
``49204. Conditions and limitations.
``49205. Fees.
``49206. Use of Federal facilities; assistance.
``49207. Receipts; payments.
``49208. Termination.
``Sec. 49201. Purpose
``The purpose of this chapter is to improve service by jet aircraft
to underserved markets by providing assistance, in the form of loan
guarantees, to air carriers, commuter air carriers, and intrastate air
carriers that purchase regional jet aircraft for use in serving those
markets.
Sec. 49202. Definitions
``As used in this part:
``(1) Aircraft purchase loan.--The term `aircraft purchase
loan' means any loan, or commitment in connection with a loan,
made for the purchase of commercial transport aircraft,
including spare parts normally associated with the aircraft.
``(2) Air carrier.--The term `air carrier' means any air
carrier (as that term is defined in section 40102(2)) holding a
certificate of public convenience and necessity issued by the
Secretary under section 41102.
``(3) Commuter air carrier.--The term `commuter air
carrier' means air carrier operating pursuant to section
40104(a)(1)(A) who operates at least 5 round trip flights per
week between 1 pair of points in accordance with published
flight schedules.
``(4) Intrastate air carrier.--The term `intrastate air
carrier' means any citizen of the United States who undertakes,
whether directly or indirectly or by a lease or any other
arrangement, to engage primarily in intrastate air
transportation (as such term is defined in section 40102(26)).
``(5) Nonhub airport.--The term `nonhub airport' means an
airport that each year has less than .05 percent of the total
annual boardings in the United States.
``(6) Regional jet aircraft.--The term `regional jet
aircraft' means a civil aircraft (as defined in section
40102(16))--
``(A) powered by jet propulsion;
``(B) with seating for not less than 30 nor more
than 70 passengers (except that the Secretary may, for
good cause shown, permit a variance of up to 5
passengers).
``(7) Small hub airport.--The term `small hub airport'
means an airport that each year has at least .05 percent, but
less than .25 percent, of the total annual boardings in the
United States.
``(8) Underserved market.--The term `underserved market'
means a passenger air transportation market (as defined by the
Secretary that--
``(A) is served (as determined by the Secretary) by
a nonhub airport or a small hub airport; and
``(B) is not within a 50-mile radius of a primary
airport (as defined in section 47102(11).
``Sec. 49203. Loan guarantees
``(a) In General.--The Secretary may guarantee any lender against
loss of principal or interest on any aircraft purchase loan made by
that lender to--
``(1) any air carrier with respect to which the certificate
issued that air carrier under chapter 41 of title 49, United
States Code, authorizes--
``(A) the air carrier to provide local or feeder
air service;
``(B) scheduled passenger operations the major
portion of which is conducted within the State of
Hawaii; or
``(C) operations (the major portion of which is
conducted either within Alaska or between Alaska and
the 48 contiguous States), within the State of Alaska
(including service between Alaska and the 48 contiguous
States, and between Alaska and adjacent Canadian
territory);
``(2) any commuter air carrier; or
``(3) any intrastate air carrier.
``(b) Form, Terms, and Conditions.--A guarantee shall be made under
subsection (a)--
``(1) in such form, on such terms and conditions; and
``(2) pursuant to such regulations, as the Secretary
considers to be necessary and consistent with this part.
``Sec. 49204. Conditions and limitations
``(a) Limitations on Funds.--
``(1) In general.--Subject to subsection (d), no loan
guarantee shall be made under this part--
``(1) extending to more than the unpaid interest and 90
percent of the unpaid principal of any loan;
``(2) on any loan or combination of loans for more than 90
percent of the purchase price of the aircraft, including spare
parts, to be purchased with the loan;
``(3) on any loan with respect to which terms permit full
repayment more than 15 years after the date the loan is made;
``(4) in any case in which the total face amount of the
loan, and any other loans to the same air carrier, commuter air
carrier, or intrastate air carrier or corporate predecessor of
that air carrier, commuter air carrier, or intrastate air
carrier that are guaranteed and outstanding under the terms of
this part exceed $100,000,000.
``(b) Conditions for Making Loans.--Subject to subsection (c), the
Secretary may only make a loan guarantee under this part if the
Secretary finds that--
``(1) the aircraft to be purchased with the loan is a
regional jet aircraft needed to improve the service and
efficiency of operation of the air carrier, commuter air
carrier, or intrastate air carrier;
``(2) the air carrier, commuter air carrier, or intrastate
air carrier agrees to use the aircraft to provide service to
underserved markets; and
``(3) the prospective earning power--
``(A) of the applicant air carrier, together with
the character and value of the security pledged,
furnish--
``(i) reasonable assurances of the ability
of the applicant to repay the loan within the
term for the loan; and
``(ii) reasonable protection to the United
States; and
``(B) of the applicant commuter air carrier or
intrastate air carrier, together with the character and
value of the security pledged, furnish--
``(i) reasonable assurances of the
applicant's ability and intention to repay the
loan within the term of the loan--
``(I) to continue its operations as
a commuter air carrier or intrastate
air carrier; and
``(II) to the extent that the
Secretary determines to be necessary,
to continue its operations as a
commuter air carrier or intrastate air
carrier between the same route or
routes being operated by the applicant
at the time of the loan guarantee; and
``(ii) reasonable protection to the United
States.
``(c) Requirement.--Subject to subsection (d), no loan guarantee
may be made under this part on any loan or combination of loans for the
purchase of any new turbo-jet-powered aircraft that does not comply
with the noise standards prescribed for new subsonic aircraft in
regulations issued by the Secretary, acting through the Administrator
of the Federal Aviation Administration, contained in 14 CFR part 36, as
those regulations were in effect on January 1, 1977.
``(d) Other Limitations.--
``(1) In general.--No loan guarantee shall be made by the
Secretary under this part on any loan for the purchase of a
regional jet aircraft unless the air carrier, commuter air
carrier, or intrastate air carrier agrees that it will provide
service to the underserved market for which the aircraft is
purchased for a period of not less than 12 consecutive months
after the aircraft is placed in service and the air carrier,
commuter air carrier, or intrastate air carrier is authorized
to provide service to that market.
``Sec. 49205. Fees
``The Secretary shall prescribe and collect from a lending
institution a reasonable guaranty fee in connection with each loan
guaranteed under this part.
``Sec. 49206. Use of Federal facilities; assistance
``(a) Use of Federal Facilities.--To permit the Secretary to make
use of such expert advice and services as the Secretary may require in
carrying out this part, the Secretary may use available services and
facilities of other agencies and instrumentalities of the Federal
Government--
``(1) with the consent of the appropriate Federal
officials; and
``(2) on a reimbursable basis.
``(b) Assistance.--The head of each appropriate department or
agency of the Federal Government shall exercise the duties and
functions of that head in such manner as to assist in carrying out the
policy specified in section 49201.
``(c) Oversight.--The Secretary shall make available to the
Comptroller General of the United States such information with respect
to the loan guarantee program conducted under this part as the
Comptroller General may require to carry out the duties of the
Comptroller General under chapter 7 of title 31, United States Code.
``Sec. 49207. Receipts; payments
``(a) Miscellaneous.--Amounts received by the Secretary pursuant to
this part shall be credited to miscellaneous receipts of the Treasury.
``(b) Payments.--Payments to lenders required as a consequence of
any loan guarantee made under this part may be made from funds
appropriated pursuant to the authorization under section 3 of the
Regional Jet Air Service Improvement Act.
``(c) Administrative Expenses.--In carrying out this part, the
Secretary shall use funds made available by appropriations to the
Department of Transportation for the purpose of administration to cover
administrative expenses of the loan guarantee program under this part.
``Sec. 49208. Termination
``The authority of the Secretary under section 49203 shall
terminate on the date that is 5 years after the date of enactment of
the Regional Jet Air Service Improvement Act.''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out part E of subtile VII of title 49, United States
Code. | Regional Jet Air Service Improvement Act - Amends Federal aviation law to authorize the Secretary of Transportation to guarantee loans to certain air carriers, including commuter and intrastate air carriers, for the purchase of regional jet aircraft that provide service to underserved markets. Sets forth certain requirements with respect to such loans.
Authorizes the Secretary to use the available services and facilities of other Federal agencies to carry out this Act.
Authorizes appropriations. | {"src": "billsum_train", "title": "Regional Jet Air Service Improvement Act"} | 2,300 | 95 | 0.577189 | 1.288704 | 0.451192 | 2.304878 | 26.219512 | 0.865854 |
SECTION 1. AVAILABILITY OF CERTAIN AREAS FOR LEASING.
Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337)
is amended by adding at the end the following:
``(q) Availability of Certain Areas for Leasing.--
``(1) Definitions.--In this subsection:
``(A) Atlantic coastal state.--The term `Atlantic
Coastal State' means each of the States of Maine, New
Hampshire, Massachusetts, Connecticut, Rhode Island,
Delaware, New York, New Jersey, Maryland, Virginia,
North Carolina, South Carolina, Georgia, and Florida.
``(B) Governor.--The term `Governor' means the
Governor of the State.
``(C) Qualified revenues.--The term `qualified
revenues' means all rentals, royalties, bonus bids, and
other sums due and payable to the United States from
leases entered into on or after the date of enactment
of this Act for natural gas or crude oil (or both)
exploration and extraction activities authorized by the
Secretary under this subsection.
``(D) State.--The term `State' means the State of
Virginia.
``(2) Petition.--
``(A) In general.--The Governor may submit to the
Secretary--
``(i) a petition requesting that the
Secretary issue leases authorizing the conduct
of natural gas or crude oil (or both)
exploration activities only to ascertain the
presence or absence of a natural gas or crude
oil (or both) reserve in any area that is at
least 50 miles beyond the coastal zone of the
State; and
``(ii) if a petition for exploration by the
State described in clause (i) has been approved
in accordance with paragraph (3) and the
geological finding of the exploration justifies
extraction, a second petition requesting that
the Secretary issue leases authorizing the
conduct of natural gas or crude oil (or both)
extraction activities in any area that is at
least 50 miles beyond the coastal zone of the
State.
``(B) Contents.--In any petition under subparagraph
(A), the Governor shall include a detailed plan of the
proposed exploration and subsequent extraction
activities, as applicable.
``(3) Action by secretary.--
``(A) In general.--Subject to subparagraph (F), as
soon as practicable after the date of receipt of a
petition under paragraph (2), the Secretary shall
approve or deny the petition.
``(B) Requirements for exploration.--The Secretary
shall not approve a petition submitted under paragraph
(2)(A)(i) unless the State legislature has enacted
legislation supporting exploration for natural gas or
crude oil, as applicable, in the coastal zone of the
State.
``(C) Requirements for extraction.--The Secretary
shall not approve a petition submitted under paragraph
(2)(A)(ii) unless the State legislature has enacted
legislation supporting extraction for natural gas or
crude oil, as applicable, in the coastal zone of the
State.
``(D) Consistency with legislation.--The plan
provided in the petition under paragraph (2)(B) shall
be consistent with the legislation described in
subparagraph (B) or (C), as applicable.
``(E) Comments from atlantic coastal states.--On
receipt of a petition under paragraph (2), the
Secretary shall--
``(i) provide Atlantic Coastal States with
an opportunity to provide to the Secretary
comments on the petition; and
``(ii) take into consideration, but not be
bound by, any comments received under clause
(i).
``(F) Conflicts with military operations.--The
Secretary shall not approve a petition for a drilling
activity under this paragraph if the drilling activity
would conflict with any military operation, as
determined by the Secretary of Defense.
``(4) Disposition of revenues.--Notwithstanding section 9,
for each applicable fiscal year, the Secretary of the Treasury
shall deposit--
``(A) 50 percent of qualified revenues in a Clean
Energy Fund in the Treasury, which shall be established
by the Secretary; and
``(B) 50 percent of qualified revenues in a special
account in the Treasury from which the Secretary shall
disburse--
``(i) 75 percent to the State;
``(ii) 12.5 percent to provide financial
assistance to the State in accordance with
section 6 of the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 460l-8), which
shall be considered income to the Land and
Water Conservation Fund for purposes of section
2 of that Act (16 U.S.C. 460l-5); and
``(iii) 12.5 percent to a reserve fund to
be used to mitigate for any environmental
damage that occurs as a result of extraction
activities authorized under this subsection,
regardless of whether the damage is--
``(I) reasonably foreseeable; or
``(II) caused by negligence,
natural disasters, or other acts.
``(5) Lines extending seaward and defining the state's
adjacent zone.--Notwithstanding the requirement that the
President determine and publish projected lines under the first
sentence of section 4(a)(2), for purposes of the application of
that section with respect to this subsection the lines
extending seaward and defining the State's Adjacent Zone are as
indicated on the map entitled `Atlantic OCS Region State
Adjacent Zones and OCS Planning Areas', dated September 2005
and on file in the Office of the Director, Minerals Management
Service.
``(6) Use of funds by virginia.--Amounts paid to Virginia
under paragraph (4)(B) shall be used by Virginia for one or
more of the following:
``(A) Education.
``(B) Transportation.
``(C) Reducing taxes.
``(D) Coastal and environmental restoration.
``(E) Energy infrastructure and projects.
``(F) Virginia State seismic monitoring programs.
``(G) Alternative energy development.
``(H) Energy efficiency and conservation.
``(I) Hurricane and natural disaster insurance
programs.''. | Amends the Outer Continental Shelf Lands Act to authorize the governor of Virginia to petition the Secretary of the Interior for authorization to conduct natural gas or crude oil (or both) exploration and extraction activities in any area that is at least 50 miles beyond the state's coastal zone.
Requires the Secretary of the Treasury to deposit into a Clean Energy Fund of 50% of all rentals, royalties, bonus bids, and other sums due and payable to the United States from leases entered into under this Act for natural gas or crude oil (or both) exploration and extraction activities. Requires deposit of the other 50% into a special account in the Treasury from which the Secretary shall disburse: (1) 75% to the state; (2) 12.5% to provide financial assistance to states in accordance with the Land and Water Conservation Fund Act of 1965; and (3) 12.5% to a reserve fund to be used to mitigate for any environmental damage that occur as a result of extraction activities authorized under this Act.
Specifies alternative mandatory uses of such funds by Virginia.
Declares that the lines extending seaward and defining the state's Adjacent Zone are as indicated on the map entitled "Atlantic OCS Region State Adjacent Zones and OCS Planning Areas," dated September 2005 and on file in the Office of the Director, Minerals Management Service. | {"src": "billsum_train", "title": "To authorize the State of Virginia to petition for authorization to conduct natural gas or crude oil (or both) exploration and extraction activities in any area that is at least 50 miles beyond the coastal zone of the State, and for other purposes."} | 1,353 | 292 | 0.575394 | 1.823869 | 0.690435 | 4.857143 | 4.822394 | 0.903475 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Forewarn Act''.
SEC. 2. AMENDMENTS TO THE WARN ACT.
(a) Definitions.--
(1) Employer, plant closing, and mass layoff.--Paragraphs
(1) through (3) of section 2(a) of the Worker Adjustment and
Retraining Notification Act (29 U.S.C. 2101(a) (1)-(3)) are
amended to read as follows:
``(1) the term `employer' means any business enterprise
that employs 75 or more employees and includes any parent
corporation of which such business enterprise is a subsidiary;
``(2) the term `plant closing' means the permanent or
temporary shutdown of a single site of employment, or of one or
more facilities or operating units within a single site of
employment, which results in an employment loss at such site,
during any 30-day period, for 25 or more employees;
``(3) the term `mass layoff' means a reduction in force at
a single site of employment which results in an employment loss
at such site, during any 30-day period, for 25 or more
employees;''.
(2) Secretary of labor.--
(A) Definition.--Paragraph (8) of section 2(a) of
such Act (29 U.S.C. 2101(a)(8)) is amended to read as
follows:
``(8) the term `Secretary' means the Secretary of Labor or
a representative of the Secretary of Labor.''.
(B) Regulations.--Section 8(a) of such Act (29
U.S.C. 2107(a)) is amended by striking ``of Labor''.
(3) Conforming amendments.--
(A) Notice.--Section 3(d) of such Act (29 U.S.C.
2102(d)) is amended by striking out ``, each of which
is less than the minimum number of employees specified
in section 2(a)(2) or (3) but which in the aggregate
exceed that minimum number,'' and inserting ``which in
the aggregate exceed the minimum number of employees
specified in section 2(a) (2) or (3)''.
(B) Definitions.--Section 2(b)(1) of such Act (29
U.S.C. 2101(b)(1)) is amended by striking ``(other than
a part-time employee)''.
(b) Notice.--
(1) Notice period.--Section 3 of the Worker Adjustment and
Retraining Notification Act (29 U.S.C. 2102) is amended by
striking ``60-day period'' and inserting ``90-day period'' each
place it appears.
(2) Recipients.--Section 3(a) of such Act (29 U.S.C.
2102(a)) is amended--
(A) in paragraph (1), by striking ``or, if there is
no such representative at that time, to each affected
employee; and'' and inserting ``and to each affected
employee;''; and
(B) by redesignating paragraph (2) as paragraph (3)
and inserting after paragraph (1) the following:
``(2) to the Secretary and the Governor of the State where
the plant closing or mass layoff is to occur; and''.
(3) Notice excused where caused by terrorist attack.--
Section 3(b)(2) of the Worker Adjustment and Retraining
Notification Act (29 U.S.C. 2102(b)(2)) is amended by adding at
the end the following:
``(C) No notice under this Act shall be required if the plant
closing or mass layoff is due directly to a terrorist attack on the
United States.''.
(4) Content of notice.--Section 3 of such Act (29 U.S.C.
2102) is further amended by adding at the end the following:
``(e) Content of Notices.--An employer who is required to provide
notice as required under subsection (a) shall include--
``(1) in each notice required under such subsection--
``(A) a statement of the number of affected
employees;
``(B) the reason for the plant closing or mass
layoff;
``(C) the availability of employment at other
establishments owned by the employer;
``(D) a statement of each employee's rights with
respect to wages and severance and employee benefits;
and
``(E) a statement of the available employment and
training services provided by the Department of Labor;
and
``(2) in each notice required under such subsection except
for the notice provided to individual employees, the names,
addresses, and occupations of the affected employees.''.
(5) Information regarding benefits and services available
to workers and dol notice to congress.--Section 3 of such Act
(29 U.S.C. 2102) is further amended by adding at the end the
following:
``(f) Information Regarding Benefits and Services Available to
Employees.--Concurrent with or immediately after providing the notice
required under subsection (a)(1), an employer shall provide affected
employees with information regarding the benefits and services
available to such employees, as described in the guide compiled by the
Secretary under section 13.
``(g) Access of Rapid Response Teams.--An employer who is required
to provide notice under subsection (a) shall permit, during work hours,
reasonable on-site access to any Federal, State, or local rapid
response team under section 134(a)(2)(A) of the Workforce Investment
Act of 1998 (29 U.S.C. 2864(a)(2)(A)) responsible for providing
reemployment, training services, and related services to affected
employees.
``(h) DOL Notice to Congress.--As soon as practicable and not later
than 15 days after receiving notice under subsection (a)(2), the
Secretary of Labor shall notify the appropriate Senators and Members of
the House of Representatives who represent the area or areas where the
plant closing or mass layoff is to occur.''.
(c) Enforcement.--
(1) Amount.--Section 5(a)(1) of the Worker Adjustment and
Retraining Notification Act (29 U.S.C. 2104(a)(1)) is amended--
(A) in subparagraph (A)--
(i) by striking ``back pay for each day of
violation'' and inserting ``two days' pay
multiplied by the number of calendar days for
which the employer was required but failed to
provide notice before such closing or layoff'';
and
(ii) in clause (ii), by striking ``and'' at
the end thereof;
(B) by redesignating subparagraph (B) as
subparagraph (C);
(C) by inserting after subparagraph (A) the
following:
``(B) interest on the amount described in subparagraph (A)
calculated at the prevailing rate; and''; and
(D) by striking the matter following subparagraph
(C) (as so redesignated).
(2) Conforming amendment.--Section 5(a)(3) of such Act (29
U.S.C. 2104(a)(3)) is amended by inserting ``, the Secretary,
or the Governor'' after ``unit of local government''.
(3) Exemption.--Section 5(a)(4) of such Act (29 U.S.C.
2104(a)(4)) is amended by striking ``reduce the amount of the
liability or penalty provided for in this section'' and
inserting ``reduce the amount of the liability under paragraph
(1) and reduce the amount of the penalty provided for in
paragraph (3)''.
(4) Administrative complaint.--Section 5(a)(5) of such Act
(29 U.S.C. 2104(a)(5)) is amended--
(A) by striking ``may sue'' and inserting ``may,'';
(B) by inserting after ``both,'' the following:
``(A) file a complaint with the Secretary alleging a
violation of section 3, or (B) bring suit,''; and
(C) by adding at the end thereof the following new
sentence: ``A person seeking to enforce such liability
may use one or both of the enforcement mechanisms
described in subparagraphs (A) and (B).''.
(5) Action by the secretary.--Section 5 of such Act (29
U.S.C. 2104) is further amended--
(A) by redesignating subsection (b) as subsection
(d); and
(B) by inserting after subsection (a) the following
new subsections:
``(b) Action by the Secretary.--
``(1) Administrative action.--The Secretary shall receive,
investigate, and attempt to resolve complaints of violations of
section 3 by an employer in the same manner that the Secretary
receives, investigates, and attempts to resolve complaints of
violations of sections 6 and 7 of the Fair Labor Standards Act
of 1938 (29 U.S.C. 206 and 207).
``(2) Subpoena powers.--For the purposes of any
investigation provided for in this section, the Secretary shall
have the subpoena authority provided for under section 9 of the
Fair Labor Standards Act of 1938 (29 U.S.C. 209).
``(3) Civil action.--The Secretary may bring an action in
any court of competent jurisdiction to recover on behalf of an
employee the backpay, interest, benefits, and liquidated
damages described in subsection (a).
``(4) Sums recovered.--Any sums recovered by the Secretary
on behalf of an employee under subparagraphs (A) and (B) of
subsection (a)(1) shall be held in a special deposit account
and shall be paid, on order of the Secretary, directly to each
employee affected. Any such sums not paid to an employee
because of inability to do so within a period of 3 years, and
any sums recovered by the Secretary under subparagraph (C) of
subsection (a)(1), shall be credited as an offsetting
collection to the appropriations account of the Secretary for
expenses for the administration of this Act and shall remain
available to the Secretary until expended.
``(5) Action to compel relief by secretary.--The district
courts of the United States shall have jurisdiction, for cause
shown, over an action brought by the Secretary to restrain the
withholding of payment of back pay, interest, benefits, or
other compensation, plus interest, found by the court to be due
to employees under this Act.
``(c) Limitation.--An action may be brought under this section not
later than 2 years after the date of the last event constituting the
alleged violation for which the action is brought.''.
(d) Posting of Notices; Penalties.--Section 11 of the Worker
Adjustment and Retraining Notification Act (29 U.S.C. 2101 note) is
amended to read as follows:
``SEC. 11. POSTING OF NOTICES; PENALTIES.
``(a) Posting of Notices.--Each employer shall post and keep posted
in conspicuous places upon its premises where notices to employees are
customarily posted a notice to be prepared or approved by the Secretary
setting forth excerpts from, or summaries of, the pertinent provisions
of this Act and information pertinent to the filing of a complaint.
``(b) Penalties.--The Secretary may impose a civil penalty on any
person who willfully violates this section of not more than $500 for
each separate offense.''.
(e) Non-Waiver of Rights and Remedies; Information Regarding
Benefits and Services Available to Employees.--Such Act (29 U.S.C. 2101
et seq.) is further amended by adding at the end the following:
``SEC. 12. RIGHTS AND REMEDIES NOT SUBJECT TO WAIVER.
``(a) In General.--The rights and remedies provided under this Act
(including the right to maintain a civil action) may not be waived,
deferred, or lost pursuant to any agreement or settlement other than an
agreement or settlement described in subsection (b).
``(b) Agreement or Settlement.--An agreement or settlement referred
to in subsection (a) is an agreement or settlement negotiated by the
Secretary, an attorney general of any State, or a private attorney on
behalf of affected employees.
``SEC. 13. INFORMATION REGARDING BENEFITS AND SERVICES AVAILABLE TO
WORKERS.
``The Secretary of Labor shall maintain a guide of benefits and
services which may be available to affected employees, including
unemployment compensation, trade adjustment assistance, COBRA benefits,
and early access to training services and other services, including
counseling services, available under title I of the Workforce
Investment Act of 1998 (29 U.S.C. 2801). Such guide shall be available
on the Internet website of the Department of Labor and shall include a
description of the benefits and services, the eligibility requirements,
and the means of obtaining such benefits and services. Upon receiving
notice from an employer under section 3(a)(2), the Secretary shall
immediately transmit such guide to such employer.''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
In addition to funds authorized to be appropriated for the general
enforcement of the Worker Adjustment and Retraining Notification Act
(29 U.S.C. 2101 et seq.), there is authorized to be appropriated to the
Secretary of Labor such additional sums as may be necessary for the
additional enforcement authority authorized by the amendments made by
this Act. | Forewarn Act - Amends the Worker Adjustment and Retraining Notification Act to: (1) redefine the terms "employer," "plant closing," and "mass layoff" for purposes of the Act; and, among other things, (2) apply it to employers of 75 or more employees (currently, 100 employees), including any parent company of which the business enterprise is a subsidiary.
Requires an employer to: (1) give 90-day (currently, 60-day) written notice to employees and appropriate state and local governments before ordering a plant closing or mass layoff; (2) notify the Secretary of Labor and the governor of the state in which the closing or layoff will occur; and (3) provide affected employees with information regarding benefits and services available to them, including unemployment compensation, trade adjustment assistance, COBRA benefits, onsite access to rapid response teams, and certain other services.
Exempts from such notice requirements any plant closings or mass layoffs which are due directly to a terrorist attack.
Requires the Secretary to notify the appropriate U.S. Senators and Members of the House of Representatives who represent the area where such closing or mass layoff is to occur.
Makes an employer who violates such notice requirements liable to the employee for, among other things, two days pay (currently, back pay for each day of violation) multiplied by the number of calendar days for which the employer was required but failed to provide notice, including interest on such pay.
Authorizes an affected employee to file a complaint with the Secretary alleging a violation of the notice requirements. Requires the Secretary to investigate and attempt to resolve such complaints. Authorizes the Secretary to bring an action in court to recover on behalf of an affected employee any backpay (including interest), benefits, and liquidated damages due.
Requires an employer to post conspicuously upon its premises pertinent provisions of this Act and information on the filing of a complaint. Requires the Secretary to maintain a guide on the benefits and services available to affected employees.
Prohibits the waiver of rights and remedies provided under this Act (including the right to maintain a civil action) by any agreement or settlement negotiated on behalf of affected employees. | {"src": "billsum_train", "title": "A bill to amend the Worker Adjustment and Retraining Notification Act to minimize the adverse effects of employment dislocation, and for other purposes."} | 3,048 | 481 | 0.554646 | 1.771076 | 0.719607 | 3.332553 | 6.192037 | 0.896956 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Teacher Liability Protection Act of
1999''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) The ability of teachers, principals and other school
professionals to teach, inspire and shape the intellect of our
Nation's elementary and secondary school students is deterred
and hindered by frivolous lawsuits and litigation.
(2) Each year more and more teachers, principals and other
school professionals face lawsuits for actions undertaken as
part of their duties to provide millions of school children
quality educational opportunities.
(3) Too many teachers, principals and other school
professionals face increasingly severe and random acts of
violence in the classroom and in schools.
(4) Providing teachers, principals and other school
professionals a safe and secure environment is an important
part of the effort to improve and expand educational
opportunities.
(5) Clarifying and limiting the liability of teachers,
principals and other school professionals who undertake
reasonable actions to maintain order, discipline and an
appropriate educational environment is an appropriate subject
of Federal legislation because--
(A) the national scope of the problems created by
the legitimate fears of teachers, principals and other
school professionals about frivolous, arbitrary or
capricious lawsuits against teachers; and
(B) millions of children and their families across
the Nation depend on teachers, principals and other
school professionals for the intellectual development
of the children.
(b) Purpose.--The purpose of this Act is to provide teachers,
principals and other school professionals the tools they need to
undertake reasonable actions to maintain order, discipline and an
appropriate educational environment.
SEC. 3. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY.
(a) Preemption.--This Act preempts the laws of any State to the
extent that such laws are inconsistent with this Act, except that this
Act shall not preempt any State law that provides additional protection
from liability relating to teachers.
(b) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a teacher in
which all parties are citizens of the State if such State enacts a
statute in accordance with State requirements for enacting
legislation--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply, as of a date certain, to such civil action in
the State; and
(3) containing no other provisions.
SEC. 4. LIMITATION ON LIABILITY FOR TEACHERS.
(a) Liability Protection for Teachers.--Except as provided in
subsections (b) and (c), no teacher in a school shall be liable for
harm caused by an act or omission of the teacher on behalf of the
school if--
(1) the teacher was acting within the scope of the
teacher's employment or responsibilities related to providing
educational services;
(2) the actions of the teacher were carried out in
conformity with local, State, or Federal laws, rules or
regulations in furtherance of efforts to control, discipline,
expel, or suspend a student or maintain order or control in the
classroom or school;
(3) if appropriate or required, the teacher was properly
licensed, certified, or authorized by the appropriate
authorities for the activities or practice in the State in
which the harm occurred, where the activities were or practice
was undertaken within the scope of the teacher's
responsibilities;
(4) the harm was not caused by willful or criminal
misconduct, gross negligence, reckless misconduct, or a
conscious, flagrant indifference to the rights or safety of the
individual harmed by the teacher; and
(5) the harm was not caused by the teacher operating a
motor vehicle, vessel, aircraft, or other vehicle for which the
State requires the operator or the owner of the vehicle, craft,
or vessel to--
(A) possess an operator's license; or
(B) maintain insurance.
(b) Concerning Responsibility of Teachers to Schools and
Governmental Entities.--Nothing in this section shall be construed to
affect any civil action brought by any school or any governmental
entity against any teacher of such school.
(c) Exceptions to Teacher Liability Protection.--If the laws of a
State limit teacher liability subject to one or more of the following
conditions, such conditions shall not be construed as inconsistent with
this section:
(1) A State law that requires a school or governmental
entity to adhere to risk management procedures, including
mandatory training of teachers.
(2) A State law that makes the school or governmental
entity liable for the acts or omissions of its teachers to the
same extent as an employer is liable for the acts or omissions
of its employees.
(3) A State law that makes a limitation of liability
inapplicable if the civil action was brought by an officer of a
State or local government pursuant to State or local law.
(d) Limitation on Punitive Damages Based on the Actions of
Teachers.--
(1) General rule.--Punitive damages may not be awarded
against a teacher in an action brought for harm based on the
action of a teacher acting within the scope of the teacher's
responsibilities to a school or governmental entity unless the
claimant establishes by clear and convincing evidence that the
harm was proximately caused by an action of such teacher which
constitutes willful or criminal misconduct, or a conscious,
flagrant indifference to the rights or safety of the individual
harmed.
(2) Construction.--Paragraph (1) does not create a cause of
action for punitive damages and does not preempt or supersede
any Federal or State law to the extent that such law would
further limit the award of punitive damages.
(e) Exceptions to Limitations on Liability.--
(1) In general.--The limitations on the liability of a
teacher under this Act shall not apply to any misconduct that--
(A) constitutes a crime of violence (as that term
is defined in section 16 of title 18, United States
Code) or act of international terrorism (as that term
is defined in section 2331 of title 18, United States
Code) for which the defendant has been convicted in any
court;
(B) involves a sexual offense, as defined by
applicable State law, for which the defendant has been
convicted in any court;
(C) involves misconduct for which the defendant has
been found to have violated a Federal or State civil
rights law; or
(D) where the defendant was under the influence (as
determined pursuant to applicable State law) of
intoxicating alcohol or any drug at the time of the
misconduct.
(2) Rule of construction.--Nothing in this subsection shall
be construed to affect subsection (a)(3) or (d).
SEC. 5. LIABILITY FOR NONECONOMIC LOSS.
(a) General Rule.--In any civil action against a teacher, based on
an action of a teacher acting within the scope of the teacher's
responsibilities to a school or governmental entity, the liability of
the teacher for noneconomic loss shall be determined in accordance with
subsection (b).
(b) Amount of Liability.--
(1) In general.--Each defendant who is a teacher, shall be
liable only for the amount of noneconomic loss allocated to
that defendant in direct proportion to the percentage of
responsibility of that defendant (determined in accordance with
paragraph (2)) for the harm to the claimant with respect to
which that defendant is liable. The court shall render a
separate judgment against each defendant in an amount
determined pursuant to the preceding sentence.
(2) Percentage of responsibility.--For purposes of
determining the amount of noneconomic loss allocated to a
defendant who is a teacher under this section, the trier of
fact shall determine the percentage of responsibility of that
defendant for the claimant's harm.
SEC. 6. DEFINITIONS.
For purposes of this Act:
(1) Economic loss.--The term ``economic loss'' means any
pecuniary loss resulting from harm (including the loss of
earnings or other benefits related to employment, medical
expense loss, replacement services loss, loss due to death,
burial costs, and loss of business or employment opportunities)
to the extent recovery for such loss is allowed under
applicable State law.
(2) Harm.--The term ``harm'' includes physical,
nonphysical, economic, and noneconomic losses.
(3) Noneconomic losses.--The term ``noneconomic losses''
means losses for physical and emotional pain, suffering,
inconvenience, physical impairment, mental anguish,
disfigurement, loss of enjoyment of life, loss of society and
companionship, loss of consortium (other than loss of domestic
service), hedonic damages, injury to reputation and all other
nonpecuniary losses of any kind or nature.
(4) School.--The term ``school'' means a public or private
kindergarten, a public or private elementary school or
secondary school (as defined in section 14101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 8801)), or a
home school.
(5) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands,
Guam, American Samoa, the Commonwealth of the Northern Mariana
Islands, any other territory or possession of the United
States, or any political subdivision of any such State,
territory, or possession.
(6) Teacher.--The term ``teacher'' means a teacher,
instructor, principal, administrator, or other educational
professional, that works in a school.
SEC. 7. EFFECTIVE DATE.
(a) In General.--This Act shall take effect 90 days after the date
of enactment of this Act.
(b) Application.--This Act applies to any claim for harm caused by
an act or omission of a teacher where that claim is filed on or after
the effective date of this Act, without regard to whether the harm that
is the subject of the claim or the conduct that caused the harm
occurred before such effective date. | Provides that no teacher in a school shall be liable for harm caused by an act or omission on behalf of the school if the teacher was acting within the scope of employment or responsibilities relating to providing educational services, subject to specified requirements and exceptions. Limits punitive damages and liability for non-economic loss. | {"src": "billsum_train", "title": "Teacher Liability Protection Act of 1999"} | 2,219 | 72 | 0.422667 | 1.159741 | 0.733793 | 4.186441 | 34.830508 | 0.932203 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Innovative Design Protection Act of
2012''.
SEC. 2. AMENDMENTS TO TITLE 17, UNITED STATES CODE.
(a) Designs Protected.--Section 1301 of title 17, United States
Code, is amended--
(1) in subsection (a), by adding at the end the following:
``(4) Fashion design.--A fashion design is subject to
protection under this chapter.'';
(2) in subsection (b)--
(A) in paragraph (2), by inserting ``, or an
article of apparel,'' after ``plug or mold''; and
(B) by adding at the end the following:
``(8) A `fashion design'--
``(A) is the appearance as a whole of an article of
apparel, including its ornamentation; and
``(B) includes original elements of the article of
apparel or the original arrangement or placement of
original or non-original elements as incorporated in
the overall appearance of the article of apparel that--
``(i) are the result of a designer's own
creative endeavor; and
``(ii) provide a unique, distinguishable,
non-trivial and non-utilitarian variation over
prior designs for similar types of articles.
``(9) The term `design' includes fashion design, except to
the extent expressly limited to the design of a vessel.
``(10) The term `apparel' means--
``(A) an article of men's, women's, or children's
clothing, including undergarments, outerwear, gloves,
footwear, and headgear;
``(B) handbags, purses, wallets, tote bags, and
belts; and
``(C) eyeglass frames.
``(11) In the case of a fashion design, the term
`substantially identical' means an article of apparel which is
so similar in appearance as to be likely to be mistaken for the
protected design, and contains only those differences in
construction or design which are merely trivial.''; and
(3) by adding at the end the following:
``(c) Rule of Construction.--In the case of a fashion design under
this chapter, those differences or variations which are considered non-
trivial for the purposes of establishing that a design is subject to
protection under subsection (b)(8) shall be considered non-trivial for
the purposes of establishing that a defendant's design is not
substantially identical under subsection (b)(11) and section
1309(e).''.
(b) Designs Not Subject to Protection.--Section 1302(5) of title
17, United States Code, is amended--
(1) by striking ``(5)'' and inserting ``(5)(A) in the case
of a design of a vessel hull,'';
(2) by striking the period and inserting ``; or''; and
(3) by adding at the end the following:
``(B) in the case of a fashion design, embodied in
a useful article that was made public by the designer
or owner in the United States or a foreign country
before the date of enactment of this chapter or more
than 3 years before the date upon which protection of
the design is asserted under this chapter.''.
(c) Revisions, Adaptations, and Rearrangements.--Section 1303 of
title 17, United States Code, is amended by adding at the end the
following: ``The presence or absence of a particular color or colors or
of a pictorial or graphic work imprinted on fabric shall not be
considered in determining the protection of a fashion design under
section 1301 or 1302 or in determining infringement under section
1309.''.
(d) Term of Protection.--Section 1305(a) of title 17, United States
Code, is amended to read as follows:
``(a) In General.--Subject to subsection (b), the protection
provided under this chapter--
``(1) for a design of a vessel hull, shall continue for a
term of 10 years beginning on the date of the commencement of
protection under section 1304; and
``(2) for a fashion design, shall continue for a term of 3
years beginning on the date of the commencement of protection
under section 1304.''.
(e) Notice.--Section 1306 of title 17, United States Code, is
amended by adding at the end the following:
``(d) Fashion Design.--
``(1) In general.--In the case of a fashion design, the
owner of the design shall provide written notice of the design
protection to any person the design owner has reason to believe
has violated or will violate this chapter.
``(2) Contents.--The written notice required under
paragraph (1) shall contain, at a minimum--
``(A) the date on which protection for the design
commenced;
``(B) a description of the protected design which
specifies how the protected design falls within the
meaning of section 1301(b)(8);
``(C) a description of the allegedly infringing
design which specifies how the allegedly infringing
design infringed upon the protected design as described
under section 1309(e); and
``(D) the date on which the protected design or an
image thereof was available such that it could be
reasonably inferred from the totality of the
surrounding facts and circumstances that the owner of
the allegedly infringing design saw or otherwise had
knowledge of the protected design.
``(3) Commencement of action.--An action for infringement
of a fashion design under this chapter shall not commence until
the date that is 21 days after the date on which written notice
required under this subsection was provided to the defendant.
``(4) Limitation on damages.--A person alleged to be
undertaking action leading to infringement under this chapter
shall be held liable only for damages and profits accrued after
the date on which the action for infringement is commenced
against such person under paragraph (3).''.
(f) Infringement.--Section 1309 of title 17, United States Code, is
amended--
(1) in subsection (b)--
(A) by amending the matter preceding paragraph (1)
to read as follows:
``(b) Acts of Sellers, Importers and Distributors.--A retailer,
seller, importer or distributor of an infringing article who did not
make the article shall be deemed to have infringed on a design
protected under this chapter only if that person--''; and
(B) in paragraph (1), by striking ``, or an
importer to import'';
(2) in subsection (c)--
(A) by inserting ``offer for sale'' after
``sell,''; and
(B) by inserting ``either actual or reasonably
inferred from the totality of the circumstances,''
after ``created without knowledge'';
(3) by redesignating subsections (e), (f), and (g) as
subsections (f), (g), and (h), respectively;
(4) by inserting after subsection (d) the following:
``(e) Acts of Third Parties.--Acts that do not constitute acts of
infringement under subsections (a) or (b) do not otherwise constitute
acts of infringement under this chapter. It shall not be infringement
under this section to be engaged in--
``(1) the provision of a telecommunications service, or of
an Internet access service or Internet information location
tool (as those terms are defined in section 231 the
Communications Act of 1934 (47 U.S.C. 231)); or
``(2) the transmission, storage, retrieval, hosting,
formatting, or translation (or any combination thereof) of a
communication, without selection or alteration of the content
of the communication, except that deletion of a particular
communication or material made by another person in a manner
consistent with section 230(c) of the Communications Act of
1934 (47 U.S.C. 230(c)).'';
(5) by amending subsection (f), as so redesignated, to read
as follows:
``(f) Infringing Article Defined.--
``(1) In general.--As used in this section, an `infringing
article' is any article the design of which has been copied
from a design protected under this chapter, or from an image
thereof, without the consent of the owner of the protected
design. An infringing article is not an illustration or picture
of a protected design in an advertisement, book, periodical,
newspaper, photograph, broadcast, motion picture, or similar
medium.
``(2) Vessel hull design.--In the case of a design of a
vessel hull, a design shall not be deemed to have been copied
from a protected design if it is original and not substantially
similar in appearance to a protected design.
``(3) Fashion design.--In the case of a fashion design, a
design shall not be deemed to have been copied from a protected
design if that design--
``(A) is not substantially identical in overall
visual appearance to and as to the original elements of
a protected design; or
``(B) is the result of independent creation.''; and
(6) by adding at the end the following:
``(i) Home Sewing Exception.--
``(1) In general.--It is not an infringement of the
exclusive rights of a design owner for a person to produce a
single copy of a protected design for personal use or for the
use of an immediate family member, if that copy is not offered
for sale or use in trade during the period of protection.
``(2) Rule of construction.--Nothing in this subsection
shall be construed to permit the publication or distribution of
instructions or patterns for the copying of a protected
design.''.
(g) Application for Registration.--Section 1310(a) of title 17,
United States Code, is amended--
(1) by striking ``Protection under this chapter'' and
inserting ``In the case of a design of a vessel hull,
protection under this chapter''; and
(2) by adding ``Registration shall not apply to fashion
designs.'' after ``first made public.''.
(h) Remedy for Infringement.--Section 1321 of title 17, United
States Code, is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--
``(1) Vessel hull.--In the case of a vessel hull, the owner
of a design is entitled, after issuance of a certificate of
registration of the design under this chapter, to institute an
action for any infringement of the design.
``(2) Fashion design.--In the case of a fashion design, the
owner of a design is entitled to institute an action for any
infringement of the design after--
``(A) the design is made public under the terms of
section 1310(b) of this chapter; and
``(B) the 21-day period described in section
1306(d).''; and
(2) by adding at the end the following:
``(e) Pleading Requirement for Fashion Designs.--
``(1) In general.--In the case of a fashion design, a
claimant in an action for infringement shall plead with
particularity facts establishing that--
``(A) the design of the claimant is a fashion
design within the meaning of section 1301(b)(8) of this
title and thus entitled to protection under this
chapter;
``(B) the design of the defendant infringes upon
the protected design as described under section
1309(e); and
``(C) the protected design or an image thereof was
available in such location or locations, in such a
manner, and for such duration that it can be reasonably
inferred from the totality of the surrounding facts and
circumstances that the defendant saw or otherwise had
knowledge of the protected design.
``(2) Considerations.--In considering whether a claim for
infringement has been adequately pleaded, the court shall
consider the totality of the circumstances.''.
(i) Penalty for False Representation.--Section 1327 of title 17,
United States Code, is amended--
(1) by inserting ``or for purposes of obtaining recovery
based on a claim of infringement under this chapter'' after
``registration of a design under this chapter'';
(2) by striking ``$500'' and inserting ``5,000''; and
(3) by striking ``$1,000'' and inserting ``$10,000''.
(j) Nonapplicability of Enforcement by Treasury and Postal
Service.--Section 1328 of title 17, United States Code, is amended--
(1) in subsection (a), in the first sentence, by striking
``The Secretary'' and inserting ``In the case of designs of
vessel hulls protected under this chapter, the Secretary'';
(2) in subsection (b), in the first sentence, by striking
``Articles'' and inserting ``In the case of designs of vessel
hulls protected under this chapter, articles''; and
(3) by adding at the end the following:
``(c) Nonapplicability.--This section shall not apply to fashion
designs protected under this chapter.''.
(k) Common Law and Other Rights Unaffected.--Section 1330 of title
17, United States Code, is amended--
(1) in paragraph (1), by striking ``or'' after the
semicolon;
(2) in paragraph (2), by striking the period and inserting
``; or''; and
(3) by adding at the end the following:
``(3) any rights that may exist under provisions of this
title other than this chapter.''.
SEC. 3. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
the date of enactment of this Act. | Innovative Design Protection Act of 2012 - Extends copyright protection to fashion designs. Revises the definition of "useful article" to include an article of apparel (clothing, handbags, purses, wallets, tote bags, belts, and eyeglass frames).
Excludes from protection designs embodied in a useful article made public by the designer or owner: (1) more than two years before the date of the application for registration in the case of a vessel hull design, and (2) more than three years before the date upon which protection of the design is asserted in the case of a fashion design.
Prohibits considering the presence or absence of a particular color or of a pictorial or graphic work imprinted on fabric when determining the protection of a fashion design.
Sets the term of protection at 3 years for a fashion design and 10 years for a design of a vessel hull.
Requires the owner of a fashion design to provide written notice of the design protection to any person the design owner has reason to believe has violated or will violate such protections. Prohibits an action for infringement of a fashion design from commencing until 21 days after such written notice is provided to the defendant.
Modifies infringement criteria with respect to retailers, sellers, importers, or distributors of an infringing article who did not make the article.
Revises provisions concerning acting without knowledge to state that it is not infringement to make, have made, import, sell, offer for sale, or distribute any article embodying a design which was created without knowledge, either actual or reasonably inferred from the totality of the circumstances, that a design was protected and was copied from such protected design.
Declares that it shall not be infringement (under specified federal protections of original designs) to be engaged in: (1) the provision of a telecommunications service, or of an Internet access service or Internet information location tool; or (2) the transmission, storage, retrieval, hosting, formatting, or translation of a communication, without selection or alteration of the content of the communication, except that deletion of a particular communication or material made by another person in a manner consistent with the Communications Act of 1934.
Prohibits deeming a vessel hull design to have been copied from a protected design if it is original and not substantially similar in appearance to a protected design.
Prohibits deeming a fashion design to have been copied from a protected design if it: (1) is not substantially identical in overall visual appearance to and as to the original elements of a protected design, or (2) is the result of independent creation.
Rewrites the remedy for infringement to state, in general, that: (1) in the case of a vessel hull, the owner of a design is entitled, after issuance of a certificate of registration of the design, to institute an action for any infringement of the design; and (2) in the case of a fashion design, the owner of a design is entitled to institute an action for any infringement of the design after the design is made public and the 21-day notice period provided in this Act.
Increases the penalty for false representation.
Excludes protected fashion designs from: (1) importation enforcement regulations issued by the Secretary of the Treasury and the U.S. Postal Service (USPS), and (2) seizure and forfeiture provisions. Limits the applicability of such regulations and provisions to specified vessel hulls. | {"src": "billsum_train", "title": "A bill to amend title 17, United States Code, to extend protection to fashion design, and for other purposes."} | 3,164 | 760 | 0.579417 | 1.80675 | 0.767476 | 4.756798 | 4.358006 | 0.91994 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Utah Test and Training Range
Protection Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) The term ``covered wilderness'' means the wilderness
area designated by this Act and wilderness study areas located
near lands withdrawn for military use and beneath special use
airspace critical to the support of military test and training
missions at the Utah Test and Training Range, including the
Deep Creek, Fish Springs, Swasey Mountain, Howell Peak, Notch
Peak, King Top, Wah Wah Mountain, and Conger Mountain units
designated by the Department of the Interior.
(2) The term ``Tribe'' means the Skull Valley Band of
Goshute Indians.
(3) The term ``Utah Test and Training Range'' means those
portions of the military operating area of the Utah Test and
Training Area located solely in the State of Utah. The term
includes the Dugway Proving Ground.
(4) The term ``Wilderness Act'' means Public Law 88-577,
approved September 3, 1964 (16 U.S.C. 1131 et seq.).
SEC. 3. MILITARY OPERATIONS AND OVERFLIGHTS, UTAH TEST AND TRAINING
RANGE.
(a) Findings.--The Congress finds the following:
(1) The testing and development of military weapons systems
and the training of military forces are critical to ensuring
the national security of the United States.
(2) The Utah Test and Training Range in the State of Utah
is a unique and irreplaceable national asset at the core of the
test and training mission of the Department of Defense.
(3) The Cedar Mountain Wilderness Area designated by
section 5, as well as several wilderness study areas, are
located near lands withdrawn for military use or are beneath
special use airspace critical to the support of military test
and training missions at the Utah Test and Training Range.
(4) The Utah Test and Training Range and special use
airspace withdrawn for military uses create unique management
circumstances for the covered wilderness in this Act, and it is
not the intent of Congress that passage of this Act shall be
construed as establishing a precedent with respect to any
future national conservation area or wilderness designation.
(5) Continued access to the special use airspace and lands
that comprise the Utah Test and Training Range, under the terms
and conditions described in this section, is a national
security priority and is not incompatible with the protection
and proper management of the natural, environmental, cultural,
and other resources of such lands.
(b) Overflights.--Nothing in this Act or the Wilderness Act shall
preclude low-level overflights and operations of military aircraft,
helicopters, missiles, or unmanned aerial vehicles over the covered
wilderness, including military overflights and operations that can be
seen or heard within the covered wilderness.
(c) Special Use Airspace and Training Routes.--Nothing in this Act
or the Wilderness Act shall preclude the designation of new units of
special use airspace, the expansion of existing units of special use
airspace, or the use or establishment of military training routes over
the covered wilderness.
(d) Communications and Tracking Systems.--Nothing in this Act shall
prevent any required maintenance of existing communications,
instrumentation, or electronic tracking systems (or infrastructure
supporting such systems) or prevent the installation of new
communication, instrumentation, or other equipment necessary for
effective testing and training to meet military requirements in
wilderness study areas located beneath special use airspace comprising
the Utah Test and Training Range, including the Deep Creek, Fish
Springs, Swasey Mountain, Howell Peak, Notch Peak, King Top, Wah Wah
Mountain, and Conger Mountain units designated by the Department of
Interior, so long as the Secretary of the Interior, after consultation
with the Secretary of the Air Force, determines that the installation
and maintenance of such systems, when considered both individually and
collectively, comply with section 603 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1782).
(e) Emergency Access and Response.--Nothing in this Act or the
Wilderness Act shall preclude the continuation of the memorandum of
understanding in existence as of the date of enactment of this Act
between the Department of the Interior and the Department of the Air
Force with respect to emergency access and response.
(f) Prohibition on Ground Military Operations.--Except as provided
in subsections (d) and (e), nothing in this section shall be construed
to permit a military operation to be conducted on the ground in covered
wilderness in the Utah Test and Training Range unless such ground
operation is otherwise permissible under Federal law and consistent
with the Wilderness Act.
SEC. 4. PLANNING PROCESS FOR FEDERAL LANDS IN UTAH TEST AND TRAINING
RANGE.
(a) Analysis of Military Readiness and Operational Impacts.--The
Secretary of the Interior shall develop, maintain, and revise land use
plans pursuant to section 202 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1712) for Federal lands located in the Utah Test
and Training Range in consultation with the Secretary of Defense. As
part of the required consultation in connection with a proposed
revision of a land use plan, the Secretary of Defense shall prepare and
transmit to the Secretary of the Interior an analysis of the military
readiness and operational impacts of the proposed revision within six
months of a request from the Secretary of Interior.
(b) Limitation on Rights-of-Ways.--The Secretary of the Interior
shall not grant or issue any authorizations for rights-of-way under
section 501(a)(6) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1761(a)(6)) upon Federal lands identified as inventory units
UTU-020-086, UTU-020-088, UTU-020-095, UTU-020-096, UTU-020-100, UTU-
020-101, UTU-020-103, UTU-020-104, UTU-020-105, and UTU-020-110, as
generally depicted on the map entitled ``Wilderness Inventory, State of
Utah'' and dated August 1979, until the later of the following:
(1) The completion of a full revision of the Pony Express
Area Resource Management Plan, dated January 12, 1990, by the
Salt Lake Field Office of the Bureau of Land Management.
(2) January 1, 2015.
SEC. 5. DESIGNATION AND MANAGEMENT OF CEDAR MOUNTAIN WILDERNESS, UTAH.
(a) Designation.--Certain Federal lands in Tooele County, Utah, as
generally depicted on the map entitled ``Cedar Mountain Wilderness''
and dated March 7, 2004, are hereby designated as wilderness and,
therefore, as a component of the National Wilderness Preservation
System to be known as the Cedar Mountain Wilderness Area.
(b) Withdrawal.--Subject to valid existing rights, the Federal
lands in the Cedar Mountain Wilderness Area are hereby withdrawn from
all forms of entry, appropriation, or disposal under the public land
laws, from location, entry, and patent under the United States mining
laws, and from disposition under all laws pertaining to mineral and
geothermal leasing, and mineral materials, and all amendments to such
laws.
(c) Map and Description.--(1) As soon as practicable after the date
of the enactment of this Act, the Secretary of the Interior shall
transmit a map and legal description of the Cedar Mountain Wilderness
Area to the Committee on Resources of the House of Representatives and
the Committee on Energy and Natural Resources of the Senate.
(2) The map and legal description shall have the same force and
effect as if included in this Act, except that the Secretary of the
Interior may correct clerical and typographical errors in the map and
legal description.
(3) The map and legal description shall be on file and available
for public inspection in the office of the Director of the Bureau of
Land Management and the office of the State Director of the Bureau of
Land Management in the State of Utah.
(d) Administration.--Subject to valid existing rights and this Act,
the Cedar Mountain Wilderness Area shall be administered by the
Secretary of the Interior in accordance with the provisions of the
Wilderness Act, except that any reference in such provisions to the
effective date of the Wilderness Act (or any similar reference) shall
be deemed to be a reference to the date of the enactment of this Act.
(e) Land Acquisition.--Any lands or interest in lands within the
boundaries of the Cedar Mountain Wilderness Area acquired by the United
States after the date of the enactment of this Act shall be added to
and administered as part of the Cedar Mountain Wilderness Area.
(f) Fish and Wildlife Management.--As provided in section 4(d)(7)
of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act shall
be construed as affecting the jurisdiction of the State of Utah with
respect to fish and wildlife on the Federal lands located in that
State.
(g) Grazing.--Within the Cedar Mountain Wilderness Area, the
grazing of livestock, where established before the date of the
enactment of this Act, shall be permitted to continue subject to such
reasonable regulations, policies, and practices as the Secretary of the
Interior considers necessary, as long as such regulations, policies,
and practices fully conform with and implement the intent of Congress
regarding grazing in such areas, as such intent is expressed in the
Wilderness Act, section 101(f) of Public Law 101-628 (104 Stat. 4473),
and appendix A of the Report of the Committee on Interior and Insular
Affairs to accompany H.R. 2570 of the 101st Congress (H. Rept. 101-
405).
(h) Buffer Zones.--Congress does not intend for the designation of
the Cedar Mountain Wilderness Area to lead to the creation of
protective perimeters or buffer zones around the wilderness area. The
fact that nonwilderness activities or uses can be seen or heard within
the wilderness area shall not, of itself, preclude such activities or
uses up to the boundary of the wilderness area.
(i) Release From Wilderness Study Area Status.--The lands
identified as the Browns Spring Cherrystem on the map entitled
``Proposed Browns Spring Cherrystem'' and dated May 11, 2004, are
released from their status as a wilderness study area, and shall no
longer be subject to the requirements of section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)) pertaining
to the management of wilderness study areas in a manner that does not
impair the suitability of those areas for preservation of wilderness.
SEC. 6. BUREAU OF LAND MANAGEMENT LAND IN UTAH TAKE INTO TRUST FOR
SKULL VALLEY BAND OF GOSHUTES.
(a) Placement in Trust.--Not later than December 31, 2005, the
Secretary of the Interior shall place the land identified on the map
entitled ______ and dated _______ into trust for the purposes of
economic development for the Tribe. At least 30 days before placing the
land in trust for the Tribe, the Secretary shall publish in the Federal
Register legal descriptions of the land to be placed in trust.
(b) Management of Trust Land.--The land placed into trust for the
Tribe under subsection (a) shall be administered in accordance with
laws generally applicable to property held in trust by the United
States for Indian Tribes, except that the land shall immediately revert
to the administrative control of the Bureau of Land Management if the
Tribe--
(1) sells, or attempts to sell, any part of the land; or
(2) attempts to facilitate or allow any commercial activity
to take place on the land that is not in compliance with the
laws of the State of Utah, including section 19-3-315 Utah Code
Annotated.
(c) Effect.--Nothing in this section--
(1) affects any valid right-of-way, lease, permit, mining
claim, grazing permit, water right, or other right or interest
of any person or entity (other than the United States) in or to
the trust land that exists before the date on which the land is
placed in trust for the Tribe under subsection (a);
(2) enlarges, impairs, or otherwise affects a right or
claim of the Tribe to any land or interest in land based on
Aboriginal or Indian title that exists before the date of the
enactment of this Act;
(3) constitutes an express or implied reservation of water
or water right for any purpose with respect to the trust land;
or
(4) affects any water right of the Tribe that exists before
the date of the enactment of this Act.
SEC. 7. RELATION TO OTHER LANDS AND LAWS.
(a) Other Lands.--Nothing in this Act shall be construed to affect
any Federal lands located outside of the covered wilderness or the
management of such lands.
(b) Conforming Repeal.--Section 2815 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat.
852) is amended by striking subsection (d). | Utah Test and Training Range Protection Act - States that nothing in this Act or the Wilderness Act shall: (1) preclude low-level overflights and operations of military aircraft, missiles, or unmanned aerial vehicles over the Utah Test and Training Range, including the Dugway Proving Ground; (2) preclude the designation of new or expansion of existing units of special use airspace or the use or establishment of military training routes over such area; (3) prevent any required maintenance of existing communications, instrumentation, or electronic tracking systems in the area or the addition of communications, instrumentation, or equipment necessary for effective testing and training upon specified determinations by the Secretary of the Interior; or (4) preclude the continuation of a current memorandum of understanding between the Departments of the Interior and Air Force with respect to emergency access and response within the area.
Directs the Secretary to develop, maintain, and revise land use plans for Federal lands located in the area, in consultation with the Secretary of Defense. Limits the issuance of rights-of-way in the area.
Designates certain Federal lands in Tooele County, Utah, as the Cedar Mountain Wilderness Area. Withdraws such lands from all forms of entry, appropriation, or disposal under the public land laws, including mining and mineral and geothermal leasing. Releases the Browns Springs Cherrystem area from its status as a wilderness study area.
Directs the Secretary to place certain Bureau of Land Management (BLM) land in trust for the Skull Valley Band of Goshutes for the purposes of economic development of such tribe. | {"src": "billsum_train", "title": "To designate certain lands in the Cedar Mountains in the State of Utah as wilderness, to ensure the compatibility of such wilderness and wildness study areas with continued access by the Armed Forces to the special use airspace and lands that comprise the Utah Test and Training Range, and for other purposes."} | 2,955 | 343 | 0.642802 | 2.275865 | 0.820658 | 4.953333 | 8.766667 | 0.946667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Success Act of 1999''.
TITLE I--AUTHORIZATION OF HUMAN CAPITAL INVESTMENT CONTRACTS
SEC. 101. PURPOSE; LAWFULNESS OF INSTRUMENTS; PREEMPTION OF STATE LAW.
(a) Purpose.--It is the purpose of this title to authorize
individuals to enter into contracts for the purposes of obtaining funds
for the payment of tuition and other related expenses of postsecondary
education by agreeing to pay to the holder of the contract a specified
percentage of the individual's future earned income.
(b) Lawfulness of Contracts; Preemption.--Any human capital
investment contract that complies with the requirements of section 102
shall be a valid, binding, and enforceable contract notwithstanding any
State law limiting or otherwise regulating assignments of future wages
or other income.
SEC. 102. TERMS AND CONDITIONS OF HUMAN CAPITAL INVESTMENT CONTRACTS.
(a) Definition of Human Capital Investment Contract.--For purposes
of this title, the term ``human capital investment contract'' means an
agreement between an eligible student and any other person under which
the eligible student sells and assigns specified percentages of the
eligible student's future income, for a specified period of time, in
exchange for payments to or on behalf of such student for--
(1) the tuition and related expenses of attendance by the
student at an eligible institution, and
(2) any income taxes owed by the student as a consequence
of the receipt of such payments.
(b) Terms and Conditions of Agreements.--A human capital investment
contract complies with the requirements of this section if the contract
complies with each of the following conditions:
(1) Specified percentage of earned income.--A human capital
investment contract shall specify the percentages of future
earned income which the student will be obligated to pay,
except that the contract--
(A) shall specify the maximum amount of earned
income for each year to which such specified percentage
shall apply;
(B) shall provide a schedule of reductions in such
percentage if the student's earned income from full-
time employment is less than amounts specified in the
contract; and
(C) may specify a schedule of increases in such
percentage if the student obtains a deferral under
paragraph (6), subject to the limitation in paragraph
(2).
(2) Aggregate limitation on obligation.--No eligible
student may enter into any human capital investment contract if
the total percentage of such student's future earned income
that the student agrees to pay under that contract, and any
other human capital investment contracts of such student,
exceeds 20 percent of such future earned income.
(3) Specified duration; extension of period for
deferrals.--A human capital investment contract shall specify
the maximum period of time during which the student will be
obligated to pay a portion of the student's future earned
income from full-time employment, except that--
(A) except as provided in subparagraph (B), such
period may not exceed 180 months; and
(B) such contract may provide that such period may
be extended by the number of months during which the
student obtains a deferral of payments under paragraph
(5) or (6).
(4) Commencement of repayment.--A human capital investment
contract shall provide that the student is not obligated to
commence payments, and that the deferral period in paragraph
(5) does not begin to toll, until the student--
(A) ceases to carry at an eligible institution at
least the minimum academic workload set forth in the
contract; or
(B) ceases to be eligible to meet the deferral
requirements set forth in paragraph (6).
(5) Deferral for under-employment or unemployment.--A human
capital investment contract shall provide that the student may
obtain a deferral of the obligation to make payments under the
contract during any period in which the student is unemployed,
except that the contract may provide that, if the student is
unemployed for longer than a maximum period specified in the
contract, the student agrees to extinguish obligations under
the contract by payment of--
(A) the amounts determined in accordance with
paragraph (7), and
(B) any related administrative costs of collecting
such amounts, including attorney's fees.
(6) Deferral during periods of graduate study.--A human
capital investment contract shall provide that a student who is
enrolled or accepted for enrollment in a postgraduate degree
program is not obligated to commence payments under the contract until
the student ceases to carry a full-time academic workload leading to
such a degree at an eligible institution, except that the contract may
provide that the maximum period for which payments may be deferred
pursuant to this paragraph shall not exceed 48 months.
(7) Accelerated repayment.--A human capital investment
contract shall specify the terms and conditions by which the
student may extinguish the student's obligations under the
contract before the end of the payment period specified in the
human capital investment contract, based on the remaining term
of such period.
(c) Required Disclosures.--A human capital investment contract does
not comply with the requirements of this section unless the eligible
student is provided, before entry into agreement, a disclosure document
that clearly and simply discloses that--
(1) the agreement is not a debt instrument, and that the
amount the student will be required to pay under the
agreement--
(A) may be more or less than the amount provided to
the student; and
(B) will vary in proportion to the student's future
earned income;
(2) the obligations of the student under the agreement are
not dischargeable under bankruptcy law;
(3) the obligations of the student under the agreement may
be extinguished by accelerating payments, as specified in the
agreement; and
(4) the duration of the student's obligations under the
agreement (absent such accelerating payments).
SEC. 103. DEFINITIONS.
As used in this title--
(1) Earned income.--
(A) The term ``earned income'' means compensation
and self-employment income.
(B) The term ``compensation'' means the gross
amount of salaries, wages, and other remunerations
earned by the student as an employee, not taking into
account any deferred compensation arrangements or any
payments to any retirement, pension, or other benefit
plan.
(C) The term ``self-employment income'' means the
net earnings from self-employment, as defined in
section 1402 of the Internal Revenue Code of 1986, and
regulations prescribed thereunder.
(2) Eligible student.--The term ``eligible student'' means
any person--
(A) who is a citizen or national of the United
States, a permanent resident of the United States, able
to provide evidence from the Immigration and
Naturalization Service that he or she is in the United
States for other than a temporary purpose with the
intention of becoming a citizen or permanent resident,
or permanent resident of the Trust Territory of the
Pacific Islands, Guam, the Northern Mariana Islands;
(B) who is enrolled or accepted for enrollment in a
degree, certificate, or other program (including a
program of study abroad approved for credit by the
eligible institution at which such student is enrolled)
leading to a recognized educational credential at an
eligible institution of higher education; and
(C) who is not enrolled in an elementary or
secondary school.
(3) Eligible institution.--The term ``eligible
institution'' means an institution of higher education as such
term is defined in section 481(a) of the Higher Education Act
of 1965 (20 U.S.C. 1088(a)).
(4) Full-time employment; period of no employment.--
Determinations of full-time employment in a given calendar year
shall be based on an average employment of 35 hours (or more)
per week during such year (a total of 1,820 hours or more for
the year). Determinations of period of no employment of a
student shall be determined separately for each calendar year
and expressed as a whole number of weeks and shall be based on
the excess, if any, of 1,820 over the total number of hours of
employment of the student during the year, divided by 35, and
rounded down to the nearest whole number.
(5) State law.--
(A) The term ``State law'' means any law, decision,
rule, regulation, or other action having the effect of
a law of any State or any political subdivision of a
State, or any agency or instrumentality of a State or
political subdivision of a State, except that a law of
the United States applicable only to the District of
Columbia shall be treated as a State law (rather than a
law of the United States).
(B) The term ``State'' includes, in addition to the
several States of the Union, the Commonwealth of Puerto
Rico, the District of Columbia, Guam, American Samoa,
the Virgin Islands, the government of the Northern
Mariana Islands, and the Trust Territory of the Pacific
Islands.
TITLE II--TAX TREATMENT OF HUMAN CAPITAL INVESTMENT CONTRACTS
SEC. 201. TAX TREATMENT OF HUMAN CAPITAL INVESTMENT CONTRACTS.
(a) In General.--Section 7701 of the Internal Revenue Code of 1986
is amended by redesignating subsection (m) as subsection (n) and by
inserting after subsection (l) the following new subsection:
``(m) Human Capital Investment Contracts.--A human capital
investment contract (as defined in section 102 of the Student Success
Act of 1999) shall not be treated as a debt instrument for purposes of
this title, and amounts received by the student for entering into such
a contract shall be includible in such student's gross income for
purposes of subtitle A.''
(b) Depreciation.--Section 167 of the Internal Revenue Code of 1986
(relating to depreciation) is amended by redesignating subsection (h)
as subsection (i) and by inserting after subsection (g) the following
new subsection:
``(h) Human Capital Investment Contracts.--If a depreciation
deduction is allowable under subsection (a) with respect to any human
capital investment contract (as defined in section 102 of the Student
Success Act of 1999), such deduction--
``(1) shall be allowable beginning with the taxable year
during which the student is first obligated to begin payments
under the contract, and
``(2) shall be computed by using the straight-line method
and a useful life equal to the shorter of--
``(A) 15 years, or
``(B) the maximum period the student is obligated
to make payments under the contract (determined without
regard to any extension of such period by reason of a
deferral).''
(c) Deduction for Payments.--
(1) In general.--Part VII of subchapter B of chapter 1 of
such Code is amended by redesignating section 221 as section
222 and by inserting after section 220 the following new
section:
``SEC. 221. PAYMENTS UNDER HUMAN CAPITAL INVESTMENT CONTRACTS.
``In the case of an individual who is obligated to make payments
under a human capital investment contract (as defined in section 102 of
the Student Success Act of 1999), there shall be allowed as a deduction
the amount of such payments made during the taxable year.''
(2) Deduction allowable in determining adjusted gross
income.--Subsection (a) of section 62 of such Code is amended
by inserting after paragraph (16) the following new paragraph:
``(17) Human capital investment contract payments.--The
deduction allowed by section 221.''
(3) Clerical amendment.--The table of sections for part VII
of subchapter B of chapter 1 of such Code is amended by
striking the last item and inserting the following new items:
``Sec. 221. Payments under human capital
investment contracts.
``Sec. 222. Cross reference.''
(d) Qualifying Income of Publicly Traded Partnerships.--Paragraph
(1) of section 7704(d) of such Code is amended by striking ``and'' at
the end of subparagraph (F), by striking the period at the end of
subparagraph (G) and inserting ``, and'', and by inserting after
subparagraph (G) the following new subparagraph:
``(H) income derived from, or gain from the sale or
other disposition of any human capital investment
contract (as defined in section 102 of the Student
Success Act of 1999).''
(e) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
TITLE III--SECURITIES LAW TREATMENT OF HUMAN CAPITAL INVESTMENT
CONTRACTS
SEC. 301. POOLING OF HUMAN CAPITAL INVESTMENT CONTRACTS INTO INVESTMENT
COMPANIES.
Section 2(a)(36) of the Investment Company Act of 1940 (15 U.S.C.
80a-2) is amended by inserting ``human capital investment contracts (as
such term is defined in section 102 of the Student Success Act of
1999),'' after ``relating to foreign currency,''.
TITLE IV--BANKRUPTCY LAW TREATMENT OF HUMAN CAPITAL INVESTMENT
CONTRACTS
SEC. 401. EXCEPTION TO DISCHARGE.
Section 523(a) of title 11, United States Code, is amended--
(1) in paragraph (17) by striking ``and'' at the end,
(2) in paragraph (18) by striking the period at the end and
inserting ``; and'', and
(3) by adding at the end the following:
``(19) for a payment owed by the debtor as a result of a
payment made to or for the benefit of the debtor, under a human
capital investment contract (as defined in section 102 of the
Student Success Act of 1999 unless--
``(A) such payment owed by the debtor first became
due more than 7 years (exclusive of any applicable
suspension of the debtor's payment period) before the
date of the filing of the petition; or
``(B) excepting such debt from discharge under this
paragraph will impose an undue hardship on the debtor
and the debtor's dependents.''.
TITLE V--FEDERAL STUDENT ASSISTANCE TREATMENT OF HUMAN CAPITAL
INVESTMENT CONTRACTS
SEC. 501. AMOUNTS RECEIVED NOT TREATED AS INCOME IN CALCULATION OF
FINANCIAL NEED.
Section 480(a) of the Higher Education Act of 1965 (20 U.S.C.
1087vv(a)) is amended--
(1) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)''; and
(2) by adding at the end the following new paragraph:
``(3) No portion of any amounts received by a student for entering
into a human capital investment contract (as defined in section 102 of
the Student Success Act of 1997) shall be included as income or assets
in the computation of expected family contribution for any program
funded in whole or in part under this Act.''. | TABLE OF CONTENTS:
Title I: Authorization of Human Capital Investment Contracts
Title II: Tax Treatment of Human Capital Investment
Contracts
Title III: Securities Law Treatment of Human Capital
Investment Contracts
Title IV: Bankruptcy Law Treatment of Human Capital
Investment Contracts
Title V: Federal Student Assistance Treatment of Human
Capital Investment Contracts
Student Success Act of 1999 -
Title I: Authorization of Human Capital Investment Contracts
- Authorizes individuals to enter into human capital investment contracts (HCICs) for the purposes of obtaining funds for the payment of tuition and other related expenses of postsecondary education by agreeing to pay to the holder of the contract a specified percentage of the individual's future earned income.
(Sec. 101) Makes any HCIC that complies with required terms and conditions under this Act a valid, binding, and enforceable contract notwithstanding any State law limiting or otherwise regulating assignments of future wages or other income.
(Sec. 102) Sets forth terms and conditions of HCICs, including requirements relating to: (1) specification of the percentages of future earned income which the student will be obligated to pay and of the maximum amount of earned income for each year to which such specified percentage shall apply; (2) a schedule of reductions in such percentage if the student's earned income from full-time employment is less than amounts specified in the contract (and an allowable schedule of limited increases in such percentage if the student obtains a deferral); (3) prohibitions against a student's entering into HCICs where payments exceed 20 percent of future earned income; (4) specification of the maximum period of time during which the student will be obligated to pay a portion of the student's future earned income from full-time employment, up to 180 months, with extensions by the number of deferred months; (5) no obligation to commence payments while carrying at least a minimum academic workload or while eligible for deferrals; (6) deferrals during periods of unemployment (as well as allowing certain payments to extinguish obligation after a maximum period of unemployment); (7) deferrals for up to 48 months of graduate education; (8) accelerated repayment; and (9) required disclosures.
Title II: Tax Treatment of Human Capital Investment Contracts
- Amends the Internal Revenue Code to provide that: (1) an HCIC shall not be treated as a debt instrument for specified purposes; and (2) amounts received by the student for entering into an HCIC shall be includible in such student's gross income for certain tax purposes.
(Sec. 201) Sets forth conditions for allowable depreciation deductions with respect to HCICs.
Allows a tax deduction, in determining adjusted gross income, for an individual's obligated payments under an HCIC.
Deems income derived from, or gain from the sale or other disposition of, an HCIC as qualifying income which would exempt a publicly traded partnership from treatment as a corporation.
Title III: Securities Law Treatment of Human Capital Investment Contracts
- Amends the Investment Company Act of 1940 to provide for pooling of HCICs into investment companies.
Title IV: Bankruptcy Law Treatment of Human Capital Investment Contracts
- Amends Federal bankruptcy law to except from discharge in bankruptcy any payment owed by the debtor as a result of a payment made to or for the benefit of the debtor under an HCIC, unless: (1) such payment owed by the debtor first became due more than seven years (exclusive of any applicable suspension of the debtor's payment period) before the date of the filing of the petition for bankruptcy; or (2) excepting such debt from discharge will impose an undue hardship on the debtor and the debtor's dependents.
Title V: Federal Student Assistance Treatment of Human Capital Investment Contracts
- Amends the Higher Education Act of 1965 (HEA) to provide that no portion of any amounts received by a student for entering into an HCIC shall be included as income or assets in the computation of expected family contribution for any program funded in whole or in part under HEA. | {"src": "billsum_train", "title": "Student Success Act of 1999"} | 3,452 | 911 | 0.750352 | 2.585622 | 0.74237 | 4.802817 | 3.909091 | 0.910371 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civil Aircraft Trade Enforcement Act
of 1993''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress makes the following findings:
(1) Airbus Industrie is a multinational consortium of 4
aircraft manufacturers organized to develop, produce, and sell
large civil aircraft.
(2) Airbus Industrie's shareholders are Aerospatiale of
France, British Aerospace of the United Kingdom, Deutsche
Aerospace of the Federal Republic of Germany, and
Construcciones Aeronauticas S.A. of Spain.
(3) The governments of the countries of the Airbus
Industrie member companies have signed agreements guaranteeing
political and financial support for Airbus Industrie's aircraft
programs.
(4) The United States Department of Commerce has
commissioned an analysis of the various Airbus Industrie
aircraft programs in order to advise the United States
Government regarding the economic performance of Airbus
Industrie programs, to document the past levels of government
support provided to the Airbus Industrie member companies by
their respective governments, to assess the financial viability
of Airbus Industrie aircraft programs to determine whether such
programs could have been undertaken by a commercial entity, and
to examine the effects of Airbus Industrie on the United States
aircraft, aircraft engine, and avionics manufacturing
industries.
(5) The Department of Commerce analysis concluded that--
(A) the governments of France, the Federal Republic
of Germany, and the United Kingdom provided
$8,200,000,000 to support Airbus Industrie member
companies through 1989,
(B) another $2,300,000,000 in government support
had been pledged as of 1989 for the Airbus A330/A340
program,
(C) the government of the Federal Republic of
Germany committed $3,000,000,000 to Deutsche Aerospace
as part of the merger between Daimler-Benz and MBB, the
parent company of Deutsche Aerospace,
(D) the total government funds committed to Airbus
Industrie would be valued at $25,900,000,000, if Airbus
Industrie were required to pay commercial rates for the
government support it received through 1989,
(E) the governments of the countries of the Airbus
Industrie member companies have provided almost 75
percent of the development funds for the various Airbus
Industrie aircraft,
(F) the financial analysis of Airbus Industrie
indicates that there is little likelihood that this
government support will be repaid in full,
(G) Airbus Industrie programs, taken individually
or as a group, have not been and will not become
commercially viable in the foreseeable future; all
programs have a negative net present value when the
cash flows are discounted at the average commercial
borrowing rate in Europe,
(H) if Airbus Industrie continues to sell its
aircraft at subsidized prices, United States aircraft
manufactures will lose market share even while being
pressured to lower their own prices,
(I) as a consequence, both current and expected
profits for United States aircraft manufacturers will
decline due to continued government support for Airbus
Industrie programs,
(J) reduced profits on current United States
aircraft programs have significant impacts because
United States aircraft manufacturers have traditionally
relied heavily upon internally generated funds to make
the necessary multibillion dollar investments in new
aircraft programs, and
(K) lower than expected profits on existing United
States aircraft programs may discourage the
introduction of new, advanced-technology United States
aircraft at the same time that Airbus Industrie is
introducing advanced technology models.
(6) Airbus Industrie's worldwide market share of jet
aircraft orders has increased from 7 percent in 1980 to 28
percent in 1992, while the worldwide market share for United
States aircraft manufacturers has declined from 88 percent in
1980 to 63 percent in 1992.
(7) Airbus Industrie's market share of United States jet
aircraft orders has increased from zero percent in 1980 to 44
percent in 1992, while the United States market share for
United States aircraft has declined from 100 percent in 1980 to
56 percent in 1992.
(8) United States imports of Airbus Industrie large civil
aircraft have increased from $133,000,000 in 1981 to
$844,000,000 in the first 3 quarters (January-September) of
1992.
(9) Employment in the United States civil aircraft
manufacturing industry has declined from approximately 326,000
positions in 1989, to an estimated 266,000 positions in 1993.
(b) Purpose.--The purpose of this Act is to initiate a
countervailing duty investigation with respect to large civil aircraft
produced by Airbus Industrie.
SEC. 3. DEFINITIONS.
For purposes of this Act--
(1) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(2) Commission.--The term ``Commission'' means the United
States International Trade Commission.
(3) Large civil aircraft.--The term ``large civil
aircraft'' means aircraft, other than military aircraft,
described in subheading 8802.40.00 of the Harmonized Tariff
Schedule of the United States.
(4) Administering authority.--The term ``administering
authority'' has the meaning given such term by section 771(1)
of the Tariff Act of 1930 (19 U.S.C. 1677(1)).
(5) Interested party.--The term ``interested party'' has
the meaning given such term by section 771(9) of the Tariff Act
of 1930 (19 U.S.C. 1677(9)).
SEC. 4. INITIATION OF COUNTERVAILING DUTY INVESTIGATION.
(a) Collection of Information.--Not later than 5 days after the
date of the enactment of this Act, the Secretary shall begin collecting
information regarding--
(1) subsidies provided by France, the Federal Republic of
Germany, and the United Kingdom to Airbus Industrie member
companies with respect to the manufacture, production, and
exportation of large civil aircraft imported or sold for
importation into the United States, and
(2) whether the United States large civil aircraft
manufacturing industry is materially injured, or is threatened
with material injury, by reason of imports of Airbus Industrie
large civil aircraft, or by reason of sales (or the likelihood
of sales) of Airbus Industrie large civil aircraft for
importation.
(b) Initiation of Investigation.--Not later than 45 days after the
date of the enactment of this Act, the administering authority shall
initiate a countervailing duty investigation pursuant to section 702(a)
of the Tariff Act of 1930 (19 U.S.C. 1671a(a)) with respect to imports
and sales for import of civil aircraft manufactured by Airbus
Industrie.
(c) Application of Title VII of the Tariff Act of 1930.--Except as
otherwise provided in this Act, the provisions of title VII of the
Tariff Act of 1930 (19 U.S.C. 1671 et seq.) shall apply to the
countervailing duty investigation initiated under this section with
respect to Airbus Industrie.
(d) Termination or Suspension of Investigation.--
(1) Termination.--Subsections (a) and (k) of section 704 of
the Tariff Act of 1930 (19 U.S.C. 1671c) shall not apply to the
investigation initiated pursuant to subsection (b) of this
section.
(2) Suspension.--The investigation initiated pursuant to
subsection (b) of this section may be suspended pursuant to
subsection (b) or (c) of section 704 of such Act, if the
requirements of paragraph (3) are satisfied.
(3) Suspension of investigation procedure.--The
requirements of this paragraph are satisfied, if, not less than
30 days before suspending the investigation, the administering
authority--
(A) notifies the Committee on Finance of the
Senate, the Committee on Ways and Means of the House of
Representatives, the Commission, and other parties to
the investigation, of the administering authority's
intention to suspend the investigation,
(B) consults with such committees regarding such
suspension,
(C) provides a copy of the proposed agreement to
such committees, together with an explanation of--
(i) how the agreement will be carried out
and enforced,
(ii) how the agreement meets the
requirements of either subsections (b) and (d)
of section 704 of the Tariff Act of 1930, or
subsections (c) and (d) of such section 704,
and
(iii) any action required of the foreign
governments, and
(D) permits all interested parties to submit
comments and information for the record before the date
on which notice of suspension of the investigation is
published. | Civil Aircraft Trade Enforcement Act of 1993 - Directs the Secretary of Commerce (Secretary) to collect information on: (1) subsidies provided by France, Germany, and the United Kingdom to Airbus Industrie member companies with respect to the manufacture and exportation of large civil aircraft to the United States; and (2) whether the U.S. large civil aircraft manufacturing industry is materially injured, or threatened with material injury, by reason of such imports.
Requires the administering authority to initiate a countervailing duty investigation under the Tariff Act of 1930 with respect to such imports. | {"src": "billsum_train", "title": "Civil Aircraft Trade Enforcement Act of 1993"} | 1,834 | 126 | 0.480444 | 1.564422 | 0.53842 | 4.416667 | 15.537037 | 0.953704 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Protection and
Preparedness Act of 2017''.
SEC. 2. RAIL SPILL PREPAREDNESS FUND.
(a) In General.--Chapter 51 of title 49, United States Code, is
amended by inserting after section 5110 the following:
``Sec. 5111. Rail spill preparedness fund
``(a) Establishment of Rail Account.--There is established in the
Oil Spill Liability Trust Fund a separate account to be known as the
`Rail Account' consisting of such amounts as may be appropriated,
credited, deposited, or transferred to such account as provided in this
section.
``(b) Fee for Certain Railroad Tank Cars Transporting Class 3
Flammable Liquids.--Not later than October 1, 2017, and annually
thereafter, the Secretary shall impose a fee of $1,500 for each DOT-111
specification railroad tank car, including each CPC-1232 tank car, used
to transport Class 3 flammable liquids during the previous fiscal year
that, at the time such tank car was used, did not meet the DOT-117,
DOT-117P, or DOT-117R specifications in part 179 of title 49, Code of
Federal Regulations. Such fee shall be--
``(1) paid by each person who causes such liquids to be
transported by such a tank car in commerce; and
``(2) imposed regardless of--
``(A) train composition; or
``(B) the phase-out schedule under section 7304(b)
of the FAST Act (49 U.S.C. 20155 note).
``(c) Limitation.--A fee imposed pursuant to subsection (b) may not
be imposed on a railroad carrier that transports Class 3 flammable
liquids.
``(d) Means of Collection.--The Secretary shall prescribe
procedures to collect the fees described in subsection (b). The
Secretary may use a department, agency, or instrumentality of the
United States Government or of a State or local government to collect
the fee and may reimburse the department, agency, or instrumentality a
reasonable amount for its services.
``(e) Deposits.--Amounts equivalent to the fees collected pursuant
to subsection (b) shall be deposited into the Rail Account.
``(f) Expenditures.--Amounts deposited pursuant to subsection (e)
shall be available to the Secretary, without need of further
appropriation, only for the following purposes:
``(1) The payment of removal and remediation costs and
other costs, expenses, claims, and damages related to an
accident or incident involving the transportation of Class 3
flammable liquids by rail.
``(2) For the Secretary to make grants to States and Indian
tribes to--
``(A) to develop, improve, and carry out emergency
plans under the Emergency Planning and Community Right-
To-Know Act of 1986 (42 U.S.C. 11001 et seq.) related
to an accident or incident involving the transportation
of Class 3 flammable liquids by rail, including
ascertaining flow patterns of Class 3 flammable liquids
on lands under the jurisdiction of a State or Indian
tribe and lands of another State or Indian tribe;
``(B) to develop and train regional hazardous
material emergency response teams to prepare for an
accident or incident involving the transportation of
Class 3 flammable liquids by rail;
``(C) to train public sector employees to respond
to accidents and incidents involving the transportation
of Class 3 flammable liquids by rail consistent with
the requirements of section 5116; and
``(D) for any other measures that the Secretary, in
consultation with States and Indian tribes, determines
necessary to assist such States and Indian tribes in
preparing for accidents and incidents involving the
transportation of Class 3 flammable liquids by rail.
``(g) Public Sector Training Standards.--To the extent that a grant
under subsection (f) is used to train emergency responders, the State
or Indian tribe shall ensure that the emergency responders who receive
training under the grant have the ability to protect nearby persons,
property, and the environment from the effects of accidents or
incidents involving the transportation of hazardous material in
accordance with existing regulations or National Fire Protection
Association standards for competence of responders to accidents and
incidents involving hazardous materials, including the transportation
of Class 3 flammable liquids by rail.
``(h) No Effect on Compliance or Liability Under Federal or State
Law.--Nothing in this section may be construed to affect or limit the
application of, obligation to comply with, or liability under any
Federal or State law.
``(i) Definitions.--
``(1) Class 3 flammable liquid.--The term `Class 3
flammable liquid' has the meaning given the term flammable
liquid in section 173.120(a) of title 49, Code of Federal
Regulations.
``(2) Railroad carrier.--The term `railroad carrier' has
the meaning given such term in section 20102.''.
(b) Conforming Amendment.--The analysis for chapter 51 of title 49,
United States Code, is amended by inserting after the item relating to
section 5110 the following new item:
``5111. Rail spill preparedness fund.''.
SEC. 3. FINAL RULE ON OIL SPILL RESPONSE PLANS.
Not later than 3 months after the date of enactment of this Act,
the Administrator of the Pipeline and Hazardous Materials Safety
Administration shall issue a final rule relating to the notice of
proposed rulemaking issued on July 29, 2016, entitled ``Hazardous
Materials: Oil Spill Response Plans and Information Sharing for High-
Hazard Flammable Trains'' (81 Fed. Reg. 50067).
SEC. 4. TRACK SAFETY SPECIALISTS.
There are authorized to be appropriated such sums as may be
necessary for the Administrator of the Federal Railroad Administration
to hire a minimum of 2 additional track safety specialists per region.
SEC. 5. STUDY ON THE ADEQUACY OF CERTAIN TRACK INSPECTIONS AND
REGULATIONS.
Not later than 180 days after the date of enactment of this Act,
the Secretary of Transportation shall transmit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate--
(1) an assessment of the adequacy of--
(A) railroad track inspections, including the
frequency of inspections;
(B) training provided to railroad track inspectors
and related railroad personnel;
(C) railroad compliance with Federal track safety
regulations; and
(D) Federal oversight of railroads with respect to
track safety; and
(2) an evaluation on the leading causes of track defects,
particularly along routes where passenger trains, high-
hazardous flammable trains, or trains carrying poisonous or
toxic-by-inhalation materials, explosives, or radioactive
material traverse. | Community Protection and Preparedness Act of 2017 This bill requires the Department of Transportation (DOT), annually, to impose a $1,500 fee for each DOT-111 specification railroad tank car used to transport Class 3 flammable liquids during the previous fiscal year that did not meet DOT-117, DOT-117P, or DOT-117R specifications at the time it was used. Such fee shall be paid by each person who causes such liquids to be transported by such car in commerce and not by the railroad carrier that transports such liquids. Collected fees shall be deposited into a Rail Account established within the Oil Spill Liability Trust Fund and shall be available only for: the payment of removal and remediation costs and other costs, expenses, claims, and damages related to an accident or incident involving the transportation of Class 3 flammable liquids by rail; and DOT grants to states and Indian tribes to develop emergency plans and to train regional hazardous material emergency response teams and public employees responding to such an accident or incident. The Pipeline and Hazardous Materials Safety Administration shall issue a final rule relating to the notice of proposed rulemaking issued on July 29, 2016, "Hazardous Materials: Oil Spill Response Plans and Information Sharing for High-Hazard Flammable Trains." Necessary amounts are authorized for the Federal Railroad Administration to hire at least two additional track safety specialists per region. DOT shall: assess the adequacy of railroad track inspections, training provided to railroad track inspectors and related personnel, railroad compliance with federal track safety regulations, and federal oversight of railroad track safety; and evaluate the leading causes of track defects, particularly along train routes traversed by passengers and hazardous materials. | {"src": "billsum_train", "title": "Community Protection and Preparedness Act of 2017"} | 1,551 | 375 | 0.706573 | 2.363116 | 0.795267 | 4.729032 | 4.4 | 0.929032 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Unemployment
Insurance Solvency Act of 2011''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Extension of assistance for States with advances.
Sec. 3. Reduction in the rate of employer taxes.
Sec. 4. Modifications of employer credit reductions.
Sec. 5. Increase in the taxable wage base.
Sec. 6. Voluntary State agreements to abate principal on Federal loans.
Sec. 7. Rewards and incentives for solvent States and employers in
those States.
SEC. 2. EXTENSION OF ASSISTANCE FOR STATES WITH ADVANCES.
(a) In General.--Section 1202(b)(10)(A) of the Social Security Act
(42 U.S.C. 1322(b)(10)(A)) is amended by striking ``2010'' and
inserting ``2012'' in the matter preceding clause (i).
(b) Effective Date.--The amendment made by this section shall take
effect as if included in the enactment of section 2004 of the
Assistance for Unemployed Workers and Struggling Families Act (Public
Law 111-5; 123 Stat. 443).
SEC. 3. REDUCTION IN THE RATE OF EMPLOYER TAXES.
(a) In General.--Section 3301 of the Internal Revenue Code of 1986
is amended--
(1) in paragraph (1), by striking ``2010 and the first 6
months of calendar year 2011'' and inserting ``2013''; and
(2) in paragraph (2), by striking ``6.0 percent in the case
of the remainder of calendar year 2011'' and inserting ``5.78
percent in the case of calendar year 2014''.
(b) Effective Date.--The amendments made by this section shall take
effect on the earlier of--
(1) the date of the enactment of this Act; or
(2) July 1, 2011.
SEC. 4. MODIFICATIONS OF EMPLOYER CREDIT REDUCTIONS.
(a) Limit on Total Credits.--Section 3302(c) of the Internal
Revenue Code of 1986 is amended--
(1) in paragraph (1), by striking ``90 percent of the tax
against which such credits are allowable'' and inserting ``an
amount equal to 5.4 percent of the total wages (as defined in
section 3306(b)) paid by such taxpayer during the calendar year
with respect to employment (as defined in section 3306(c))'';
and
(2) in paragraph (2)--
(A) by striking subparagraphs (B) and (C) and the
flush matter following subparagraph (C);
(B) by striking ``(2) If'' and inserting ``(2)(A)
If'';
(C) by striking ``(A)(i) in'' and inserting ``(i)
in'';
(D) in clause (i) of subparagraph (A), as
redesignated by subparagraph (C), by striking ``5
percent of the tax imposed by section 3301 with respect
to the wages paid by such taxpayer during such taxable
year which are attributable to such State'' and
inserting ``an amount equal to 0.3 percent of the total
wages (as defined in section 3306(b)) paid by such
taxpayer during the calendar year with respect to
employment (as defined in section 3306(c))'';
(E) in clause (ii) of subparagraph (A)--
(i) by moving such clause 2 ems to the
left;
(ii) by striking ``5 percent, for each such
succeeding taxable year, of the tax imposed by
section 3301 with respect to the wages paid by
such taxpayer during such taxable year which
are attributable to such State;'' and inserting
``an amount equal to 0.3 percent of the total
wages (as defined in section 3306(b)) paid by
such taxpayer during the calendar year with
respect to employment (as defined in section
3306(c)), for each succeeding taxable year;'';
and
(iii) by striking the semicolon at the end
and inserting a period; and
(F) by adding at the end the following new
subparagraph:
``(B) The provisions of subparagraph (A) shall be applied
with respect to the taxable year beginning January 1, 2011, or
any succeeding taxable year by deeming January 1, 2013, to be
the first January 1 occurring after January 1, 2010. For
purposes of subparagraph (A), consecutive taxable years in the
period commencing January 1, 2013, shall be determined as if
the taxable year which begins on January 1, 2013, were the
taxable year immediately succeeding the taxable year which
began on January 1, 2010. No taxpayer shall be subject to
credit reductions under this paragraph for taxable years
beginning January 1, 2011, and January 1, 2012.''.
(b) Definitions and Special Rules.--Section 3302(d) of the Internal
Revenue Code of 1986 is amended--
(1) by striking paragraphs (1), (4), (5), (6), and (7); and
(2) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively.
(c) Effective Date.--The amendments made by this section shall take
effect as if enacted on January 1, 2011.
SEC. 5. INCREASE IN THE TAXABLE WAGE BASE.
(a) In General.--Section 3306 of the Internal Revenue Code of 1986
is amended--
(1) in subsection (b), by striking ``$7,000'' both places
it appears and inserting ``the applicable wage base amount (as
defined in subsection (v)(1))''; and
(2) by adding at the end the following new subsection:
``(v) Applicable Wage Base Amount.--
``(1) In general.--For purposes of subsection (b)(1), the
term `applicable wage base amount' means--
``(A) for a calendar year before calendar year
2014, $7,000;
``(B) for calendar year 2014, $15,000; and
``(C) for calendar years beginning on or after
January 1, 2015, the amount determined under paragraph
(2).
``(2) Amount for calendar year 2015 and thereafter.--
``(A) Amount.--
``(i) In general.--For purposes of
paragraph (1)(C), the amount determined under
this paragraph for a calendar year is an amount
equal to the product of--
``(I) the amount of average wage
growth for the year (as determined in
accordance with subparagraph (B)); and
``(II) the applicable wage base
amount for the preceding calendar year.
``(ii) Rounding.--If the amount determined
under clause (i) is not a multiple of $100,
such amount shall be rounded to the next higher
multiple of $100.
``(B) Average wage growth.--
``(i) In general.--For purposes of
subparagraph (A), the amount of annual wage
growth for a calendar year shall be determined
by dividing the average annual wage in the
United States for the 12-month period ending on
the June 30 of the preceding calendar year by
the average annual wage in the United States
for the 12-month period ending on the second
prior June 30, and rounding such ratio to the
fifth decimal place.
``(ii) Average annual wage.--For purposes
of clause (i), using data from the Quarterly
Census of Employment and Wages (or a successor
program), the average annual wage for a 12-
month period shall be determined by dividing
the total covered wages subject to
contributions under all State unemployment
compensation laws for such period by the
average covered employment subject to
contributions under all State unemployment
compensation laws for such period, and rounding
the result to the nearest whole dollar.''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 6. VOLUNTARY STATE AGREEMENTS TO ABATE PRINCIPAL ON FEDERAL LOANS.
(a) In General.--Section 1203 of the Social Security Act (42 U.S.C.
1323) is amended--
(1) by inserting ``(a) Advances.--'' after ``1203''; and
(2) by adding at the end the following new subsection:
``(b) Voluntary Abatement Agreements.--
``(1) In general.--The governor of any State that has
outstanding repayable advances from the Federal unemployment
account pursuant to subsection (a) may apply to the Secretary
of Labor to enter into a voluntary principal abatement
agreement.
``(2) Contents of application.--An application described in
paragraph (1) shall include a plan that, based upon reasonable
economic projections, describes how the State will, within a
reasonable period of time--
``(A) repay the outstanding principal on its
remaining advance to the Federal unemployment account,
less the amount of the principal abatement pursuant to
paragraph (4); and
``(B) restore the solvency of the State's account
in the Unemployment Trust Fund to an average high cost
multiple of 1.0, as calculated and defined by the
United States Department of Labor.
``(3) Requirement for plan.--A plan described in paragraph
(2) shall be premised on the existing unemployment compensation
law of the State and may take into consideration the enactment
of any changes in law scheduled to become effective during the
life of the plan.
``(4) Agreement.--Upon review of the application and
satisfaction that the State's plan will meet the repayment and
solvency goals described in paragraph (2), the Secretary of
Labor may enter into a principal abatement agreement with the
State. Such an agreement shall be for a period of no more than
7 years.
``(5) Calculation.--Under any voluntary abatement agreement
under this subsection, the amount of principal abatement shall
be calculated as follows:
``(A) The State's repayable advances as of the date
of the enactment of this subsection or December 31,
2011, whichever is earlier, shall be multiplied by a
loan forgiveness multiplier.
``(B) The State's loan forgiveness multiplier shall
be calculated on the same basis as the temporary
increase of Medicaid FMAP under section 5001(c)(2)(A)
of division B of the American Recovery and Reinvestment
Act of 2009, using the State's additional FMAP tier as
of December 31, 2010. In the case of a State that meets
the criteria described in--
``(i) clause (i) of such section
5001(c)(2)(A), the loan multiplier shall be
0.2;
``(ii) clause (ii) of such section
5001(c)(2)(A), the loan multiplier shall be
0.4; and
``(iii) clause (iii) of such section
5001(c)(2)(A), the loan multiplier shall be
0.6.
``(C) The annual amount of principal abatement
shall equal one-seventh of the total amount of
principal abatement.
``(6) Certification.--Under any voluntary abatement
agreement under this subsection, the State shall certify that
during the period of the agreement--
``(A) the method governing the computation of
regular unemployment compensation under the State law
of the State will not be modified in a manner such that
the average weekly benefit amount of regular
unemployment compensation which will be payable during
the period of the agreement will be less than the
average weekly benefit amount of regular unemployment
compensation which would have otherwise been payable
under the State law as in effect on the date of the
enactment of this subsection;
``(B) State law will not be modified in a manner
such that any unemployed individual who would be
eligible for regular unemployment compensation under
the State law in effect on such date of enactment would
be ineligible for regular unemployment compensation
during the period of the agreement or would be subject
to any disqualification during the period of the
agreement that the individual would not have been
subject to under the State law in effect on such date
of enactment;
``(C) State law will not be modified in a manner
such that the maximum amount of regular unemployment
compensation that any unemployed individual would be
eligible to receive in a benefit year during the period
of the agreement will be less than the maximum amount
of regular unemployment compensation that the
individual would have been eligible to receive during a
benefit year under the State law in effect on such date
of enactment; and
``(D) upon a determination by the Secretary of
Labor that the State has modified State law in a manner
inconsistent with the certification described in the
preceding provisions of this paragraph or has failed to
comply with any certifications required by this
paragraph, the State shall be liable for any principal
previously abated under the agreement.
``(7) Transfer.--Under a voluntary abatement agreement
under this subsection, a transfer of the annual amount of the
principal abatement shall be made to the State's account in the
Unemployment Trust Fund on December 31st of the year in which
the agreement is executed so long as the State has complied
with the terms of the agreement. For each subsequent year that
the Secretary of Labor certifies that the State is in
compliance with the terms of the agreement, the annual amount
of the State's principal abatement will be credited to its
outstanding loan balance. If the loan balance reaches zero
while the State still has a remaining principal abatement
amount, the remaining amount shall be made as a positive
balance transfer to the State's account in the Unemployment
Trust Fund.
``(8) Regulations.--The Secretary of Labor shall promulgate
such regulations as are necessary to implement this subsection.
Such regulations shall include--
``(A) standards prescribing a reasonable period of
time for a State plan to reach a solvency level equal
to an average high cost multiple of 1.0, taking into
account the economic conditions and level of insolvency
of the State; and
``(B) guidelines for insuring progress toward
solvency for States with agreements that include plans
that require more than 7 years to reach an average high
cost multiple of 1.0.''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 7. REWARDS AND INCENTIVES FOR SOLVENT STATES AND EMPLOYERS IN
THOSE STATES.
(a) Increased Interest for Solvent States.--
(1) In general.--Section 904(e) of the Social Security Act
(42 U.S.C. 1104(e)) is amended by adding at the end the
following new flush sentences:
``The separate book account for each State agency shall be augmented by
0.5 percent over the rate of interest provided in subsection (b) when
the State maintains reserves in the account that equal or exceed an
average high cost multiple of 1.0 as defined by the Secretary of Labor
as of December 31st of the preceding year. The State may apply the
additional funds to support State administration pursuant to the
requirements in section 903(c).''.
(b) Lower Rate of Tax for Solvent States.--
(1) In general.--Section 3301 of the Internal Revenue Code
of 1986, as amended by section 3, is amended by adding at the
end the following new sentence: ``For the second 6-month period
of 2011 or for each calendar year thereafter, in the case of a
State that maintains reserves in the State's separate book
account that equal or exceed an average high cost multiple of
1.0 as of December 31st of the year preceding the period or
year involved, paragraph (1) shall be applied for such period
or year in the State by substituting `6.0 percent' for `6.2
percent' or, as the case may be, paragraph (2) shall be applied
for such period or year in the State by substituting `5.68
percent' for `5.78 percent'.''.
(2) Effective date.--The amendment made by this subsection
shall take effect on the earlier of--
(A) the date of the enactment of this Act; or
(B) July 1, 2011. | Unemployment Insurance Solvency Act of 2011 - Amends title XII of the Social Security Act (Advances to State Unemployment Funds) to: (1) extend through December 31, 2012, the waiver granted to states for payment of interest on advances made from the federal unemployment account in the Unemployment Trust Fund; and (2) authorize the governor of any state that has outstanding repayable advances from the federal unemployment account to apply to the Secretary of Labor to enter into a voluntary principal abatement agreement.
Amends the Internal Revenue Code to: (1) extend the 6.2% employment tax rate for employers through 2013 and impose a reduced 5.78% rate in 2014, (2) modify the rate applicable to the limit on the credit allowed to employers for the federal unemployment tax, and (3) increase the taxable wage base for the federal unemployment tax to $15,000 in 2014.
Amends title IX of the Social Security Act (Miscellaneous Provisions Relating to Employment Security) to increase the rate of interest payable on unemployment compensation reserves and lower the rate of the employment tax for employers in states whose unemployment compensation fund remains solvent. | {"src": "billsum_train", "title": "A bill to provide assistance to certain employers and States in 2011 and 2012, to improve the long-term solvency of the Unemployment Compensation program, and for other purposes."} | 3,643 | 236 | 0.598402 | 1.688255 | 0.722168 | 2.686916 | 15.607477 | 0.892523 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chief Technology Officer Act of
2009''.
SEC. 2. OFFICE OF THE CHIEF TECHNOLOGY OFFICER.
(a) Establishment and Staff.--
(1) Establishment.--
(A) In general.--There is established in the
Executive Office of the President an Office of the
Federal Chief Technology Officer (in this Act referred
to as the ``Office'').
(B) Head of the office.--
(i) Federal chief technology officer.--The
President shall appoint a Federal Chief
Technology Officer (in this Act referred to as
the ``Federal CTO'') who shall be the head of
the Office.
(ii) Compensation.--Section 5313 of title
5, United States Code, is amended by adding at
the end the following:
``Federal Chief Technology Officer.''.
(2) Staff of the office.--The President may appoint
additional staff members to the Office.
(b) Duties of the Office.--The functions of the Federal CTO are the
following:
(1) Undertake fact-gathering, analysis, and assessment of
the Federal Government's information technology
infrastructures, information technology strategy, and use of
information technology, and provide advice on such matters to
the President, heads of Federal departments and agencies, and
government chief information officers and chief technology
officers.
(2) Work to ensure the security and privacy of the Federal
information technology infrastructure and networks,
coordinating closely with other Federal departments and
agencies having responsibilities regarding security and privacy
of the infrastructure and networks.
(3) Lead an interagency effort, working with the chief
technology and chief information officers of each of the
Federal departments and agencies, to develop and implement a
planning process to ensure that they use best-in-class
technologies, share best practices, and improve the use of
technology in support of Federal Government requirements.
(4) Provide, within the Executive Office of the President,
advice on the engineering, technical and implementation aspects
of information technology and information technology
infrastructure issues that require attention at the highest
levels of government.
(5) Evaluate the scale, quality, and effectiveness of the
Federal effort in the use of information technology, and advise
on appropriate actions.
(6) Advise the President on information technology
considerations with regard to Federal budgets.
(7) Assist the President in providing general leadership
and coordination of the research and development programs of
the Federal Government for information technology-related
matters.
(8) Promote technological innovation in the Federal
Government, and encourage and oversee the adoption of robust
cross-governmental architectures and standards-based
information technologies, in support of effective operational
and management policies, practices, and services across Federal
departments and agencies and with the public and external
entities.
(9) Establish cooperative public-private sector partnership
initiatives to gain knowledge of technologies available in the
marketplace that can be used to improve governmental
operations, citizen services, and the safety, security, and
privacy of information collected, maintained, processed, and
communicated by the Federal Government.
(10) Establish public-private sector partnership
initiatives to gain knowledge of information technology
research activities underway and planned by Federal departments
and agencies and in the private sector that can improve the use
of information technologies by the Federal Government.
(11) Sponsor, initiate, and support research and
demonstration projects in partnership with private sector
industry and academic institutions to leverage private sector
expertise and innovation in order to enhance existing
technologies or identify breakthrough innovations that can
improve the Federal Government's use of technology.
(12) Lead an interagency effort, working with the chief
technology and chief information officers of each of the
Federal departments and agencies, to promote the use of best-
in-class technologies, share best practices, and establish an
information technology plan for the Federal Government that
improves the effectiveness, efficiency, security, and privacy
of the Federal Government's information infrastructure and
information technology-based services.
(13) Any other functions and activities that the President
may assign to the Federal CTO.
(c) Policy Planning; Analysis and Advice.--The Office shall serve
as a source of analysis and advice for the President and heads of
Federal departments and agencies with respect to major policies, plans,
and programs of the Federal Government associated with information
technology. In carrying out this section, the Federal CTO shall--
(1) define coherent and systematic approaches for applying
the use of information technology to critical and emerging
Federal Government information management problems, and promote
coordination of the responsibilities and programs of Federal
departments and agencies in the resolution of the problems;
(2) gather timely and authoritative information concerning
significant developments and trends in information technology,
and in national priorities, both current and prospective, and
analyze and interpret the information for the purpose of
determining whether the developments and trends are likely to
affect achievement of the priority goals of the Federal
Government;
(3) encourage the development and maintenance of an
adequate knowledge base for human resources in information
technology, including the development of appropriate models to
forecast future workforce requirements, and assess the effects
of major governmental and public programs on human resources
and their utilization;
(4) initiate studies and analyses, including systems
analyses and technology assessments, of alternatives available
for the resolution of critical and emerging information
technology infrastructure problems and, insofar as possible,
determine and compare probable costs, benefits, and impacts of
the alternatives;
(5) assess the impact of information technology and
networked information technology systems and applications on
cybersecurity and personal privacy, utilizing Presidential and
departmental advisory committees and agencies, such as the
Privacy and Civil Liberties Oversight Board, the Information
Security and Privacy Advisory Board managed under the National
Institute of Standards and Technology, the Department of
Homeland Security Data Privacy and Integrity Advisory Board,
and the National Infrastructure Advisory Committee, and advise
the President on steps necessary to mitigate and manage
security and privacy risks;
(6) advise the President on the extent to which the
information technology programs, policies, and operations
activities of the Federal Government are likely to affect the
achievement of the priority goals of the Government;
(7) provide the President with periodic reviews of Federal
statutes and administrative regulations of the various Federal
departments and agencies which affect research and development
activities, internally and in relation to the private sector,
or which may interfere with desirable technological innovation,
together with recommendations for elimination, reform, or
updating, as appropriate of the statutes and regulations;
(8) establish public-private partnerships to coordinate
Federal Government's information technology research agenda
with private sector research and development initiatives and
provide guidance to research-funding agencies;
(9) develop, review, revise, and recommend criteria for
determining information technology activities warranting
Federal support, and recommend Federal policies designed to
advance the development and maintenance of effective and
efficient information technology capabilities, including human
resources, at all levels of government, academia, and industry,
and the effective application of the capabilities to national
needs;
(10) assess, and advise, on policies for international
cooperation in information technology which will advance the
national and international objectives of the United States;
(11) identify and assess areas in which information
technology can be used effectively in addressing national and
international problems; and
(12) perform such other duties and functions and make and
furnish such studies, reports, and recommendations as the
President may request.
(d) Operations.--
(1) Powers.--To carry out the duties described in
subsections (b) and (c), the Federal CTO may do the following:
(A) Hearings.--Hold public hearings on any relevant
topic.
(B) Conduct studies.--Conduct a study on any
relevant topic.
(C) Advisory panels.--Establish advisory panels
composed of individuals appointed by the Federal CTO
for such terms as the Federal CTO determines
appropriate.
(D) Grants and fellowships.--Award grants and
fellowships.
(E) Mails.--Use the United States mails in the same
manner and under the same conditions as departments and
agencies of the United States.
(F) Contract authority.--To the extent or in the
amounts provided in advance in appropriations Acts,
enter into contracts with and compensate a government
or private agency or person for the conduct of
activities under this section.
(G) Authority to accept voluntary services.--
(i) Notwithstanding section 1342 of title
31, United States Code, accept the service of a
volunteer.
(ii) Reimburse a volunteer for expenses or
office supplies and local travel, and for
travel expenses, including per diem in lieu of
subsistence, incurred in performing services
for the Office.
(H) Temporary and intermittent services.--Obtain
temporary and intermittent services in the same manner
as an agency under section 3109(b) of title 5, United
States Code.
(2) Volunteer deemed a federal employee.--While performing
services for the Office, a volunteer is deemed an employee of
the Federal Government for the purposes of the following:
(A) Chapter 81 of title 5, United States Code,
relating to compensation for work-related injuries.
(B) Chapter 11 of title 18, United States Code,
relating to conflicts of interest.
(C) Chapter 171 of title 28, United States Code,
relating to tort claims.
(3) Travel expenses.--The Federal CTO may receive travel
expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of
chapter 57 of title 5, United States Code.
(e) Coordination of the Office With Other Entities.--
(1) Federal cto to be on domestic policy council.--The
Federal CTO shall be a member of the Domestic Policy Council.
(2) Obtain information from agencies.--The Office may
secure, directly from any department or agency of the United
States, information necessary to enable the Federal CTO to
carry out this Act. On request of the Federal CTO, the head of
the department or agency shall furnish the information to the
Office, subject to any applicable limitations of Federal law.
(3) Staff of federal agencies.--On request of the Federal
CTO, to assist the Office in carrying out the duties of the
Office, the head of any Federal department or agency may detail
personnel, services, or facilities of the department or agency
to the Office.
(4) Collaboration with bureau of labor statistics.--The
Federal CTO shall work with the Bureau of Labor Statistics to
develop mechanisms for tracking the effect of technological
innovations on job creation.
(5) Collaboration with office of management and budget.--
The Federal CTO shall--
(A) assist the Office of Management and Budget with
an annual review and analysis of funding proposed for
research and development in the budgets of all Federal
departments and agencies; and
(B) on a reimbursable basis, assist the Office of
Management and Budget and Federal departments and
agencies throughout the budget development process.
(f) Annual Report.--
(1) Publication and contents.--The Federal CTO shall
publish, in the Federal Register and on a public Internet
website of the Federal CTO, an annual report that includes the
following:
(A) Information on programs to promote the
development of technological innovations.
(B) Recommendations for the adoption of policies to
encourage the generation of technological innovations.
(C) Information on the activities and
accomplishments of the Office in the year covered by
the report.
(2) Submission.--The Federal CTO shall submit each report
under paragraph (1) to--
(A) the President;
(B) the Committee on Oversight and Government
Reform of the House of Representatives;
(C) the Committee on Science and Technology of the
House of Representatives; and
(D) the Committee on Commerce, Science, and
Transportation of the Senate. | Chief Technology Officer Act of 2009 - Establishes in the Executive Office of the President an Office of the Federal Chief Technology Officer (FCTO).
Includes among the functions of the FCTO to: (1) analyze and advise the President and agency officials regarding the government's information technology infrastructures, strategy, and use; (2) ensure the security and privacy of the federal information technology infrastructure and networks; (3) promote technological innovation in the federal government; (4) establish public-private sector partnership initiatives; and (5) lead specified interagency efforts, including a planning process to ensure the use of best-in-class technologies, the sharing of best practices, and improvement in the use of technology in support of government requirements.
Requires the Office to serve as a source of analysis and advice for the President and agency heads regarding major government policies, plans, and programs associated with information technology.
Requires the FCTO to: (1) be a member of the Domestic Policy Council; and (2) publish an annual report on programs to promote technological innovations, recommendations for policies to encourage the generation of such innovations, and information on the Office's activities and accomplishments. | {"src": "billsum_train", "title": "To create the Office of the Chief Technology Officer within the Executive Office of the President."} | 2,442 | 237 | 0.709309 | 2.150033 | 1.0454 | 3.787879 | 10.580087 | 0.948052 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Rare Earths and
Critical Materials Revitalization Act of 2011''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--RARE EARTH MATERIALS
Sec. 101. Rare earth materials program.
Sec. 102. Rare earth materials loan guarantee program.
TITLE II--NATIONAL MATERIALS AND MINERALS POLICY, RESEARCH, AND
DEVELOPMENT
Sec. 201. Amendments to National Materials and Minerals Policy,
Research and Development Act of 1980.
Sec. 202. Repeal.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate Congressional committees'' means the Committee on
Science and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation and the
Committee on Energy and Natural Resources of the Senate.
(2) Department.--The term ``Department'' means the
Department of Energy.
(3) Rare earth materials.--The term ``rare earth
materials'' means any of the following chemical elements in any
of their physical forms or chemical combinations:
(A) Scandium.
(B) Yttrium.
(C) Lanthanum.
(D) Cerium.
(E) Praseodymium.
(F) Neodymium.
(G) Promethium.
(H) Samarium.
(I) Europium.
(J) Gadolinium.
(K) Terbium.
(L) Dysprosium.
(M) Holmium.
(N) Erbium.
(O) Thulium.
(P) Ytterbium.
(Q) Lutetium.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
TITLE I--RARE EARTH MATERIALS
SEC. 101. RARE EARTH MATERIALS PROGRAM.
(a) Establishment of Program.--
(1) In general.--There is established in the Department a
program of research, development, demonstration, and commercial
application to assure the long-term, secure, and sustainable
supply of rare earth materials sufficient to satisfy the
national security, economic well-being, and industrial
production needs of the United States.
(2) Program activities.--The program shall support
activities to--
(A) better characterize and quantify virgin stocks
of rare earth materials using theoretical geochemical
research;
(B) explore, discover, and recover rare earth
materials using advanced science and technology;
(C) improve methods for the extraction, processing,
use, recovery, and recycling of rare earth materials;
(D) improve the understanding of the performance,
processing, and adaptability in engineering designs of
rare earth materials;
(E) identify and test alternative materials that
can be substituted for rare earth materials in
particular applications;
(F) engineer and test applications that--
(i) use recycled rare earth materials;
(ii) use alternative materials; or
(iii) seek to minimize rare earth materials
content;
(G) collect, catalogue, archive, and disseminate
information on rare earth materials, including
scientific and technical data generated by the research
and development activities supported under this
section, and assist scientists and engineers in making
the fullest possible use of the data holdings; and
(H) facilitate information sharing and
collaboration among program participants and
stakeholders.
(3) Improved processes and technologies.--To the maximum
extent practicable, the Secretary shall support new or
significantly improved processes and technologies as compared
to those currently in use in the rare earth materials industry.
(4) Expanding participation.--The Secretary shall
encourage--
(A) multidisciplinary collaborations among program
participants; and
(B) extensive opportunities for students at
institutions of higher education, including
institutions listed under section 371(a) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(a)).
(5) Consistency.--The program shall be consistent with the
policies and programs in the National Materials and Minerals
Policy, Research and Development Act of 1980 (30 U.S.C. 1601 et
seq.).
(6) International collaboration.--In carrying out the
program, the Secretary may collaborate, to the extent
practicable, on activities of mutual interest with the relevant
agencies of foreign countries with interests relating to rare
earth materials.
(b) Plan.--
(1) In general.--Within 180 days after the date of
enactment of this Act and biennially thereafter, the Secretary
shall prepare and submit to the appropriate Congressional
committees a plan to carry out the program established under
subsection (a).
(2) Specific requirements.--The plan shall include a
description of--
(A) the research and development activities to be
carried out by the program during the subsequent 2
years;
(B) the expected contributions of the program to
the creation of innovative methods and technologies for
the efficient and sustainable provision of rare earth
materials to the domestic economy;
(C) the criteria to be used to evaluate
applications for loan guarantees under section 1706 of
the Energy Policy Act of 2005;
(D) any projects receiving loan guarantee support
under such section and the status of such projects;
(E) how the program is promoting the broadest
possible participation by academic, industrial, and
other contributors; and
(F) actions taken or proposed that reflect
recommendations from the assessment conducted under
subsection (c) or the Secretary's rationale for not
taking action pursuant to any recommendation from such
assessment for plans submitted following the completion
of the assessment under such subsection.
(3) Consultation.--In preparing each plan under paragraph
(1), the Secretary shall consult with appropriate
representatives of industry, institutions of higher education,
Department of Energy national laboratories, professional and
technical societies, and other entities, as determined by the
Secretary.
(c) Assessment.--
(1) In general.--After the program has been in operation
for 4 years, the Secretary shall offer to enter into a contract
with the National Academy of Sciences under which the National
Academy shall conduct an assessment of the program under
subsection (a).
(2) Inclusions.--The assessment shall include the
recommendation of the National Academy of Sciences that the
program should be--
(A) continued, accompanied by a description of any
improvements needed in the program; or
(B) terminated, accompanied by a description of the
lessons learned from the execution of the program.
(3) Availability.--The assessment shall be made available
to Congress and the public upon completion.
SEC. 102. RARE EARTH MATERIALS LOAN GUARANTEE PROGRAM.
(a) Amendment.--Title XVII of the Energy Policy Act of 2005 (42
U.S.C. 16511 et seq.) is amended by adding at the end the following new
section:
``SEC. 1706. TEMPORARY PROGRAM FOR RARE EARTH MATERIALS REVITALIZATION.
``(a) In General.--As part of the program established in section
101 of the Rare Earths and Critical Materials Revitalization Act of
2011, the Secretary is authorized, only to the extent provided in
advance in a subsequent appropriations act, to make guarantees under
this title for the commercial application of new or significantly
improved technologies (compared to technologies currently in use in the
United States at the time the guarantee is issued) for the following
categories of projects:
``(1) The separation and recovery of rare earth materials
from ores or other sources.
``(2) The preparation of rare earth materials in oxide,
metal, alloy, or other forms needed for national security,
economic well-being, or industrial production purposes.
``(3) The application of rare earth materials in the
production of improved--
``(A) magnets;
``(B) batteries;
``(C) refrigeration systems;
``(D) optical systems;
``(E) electronics; and
``(F) catalysis.
``(4) The application of rare earth materials in other
uses, as determined by the Secretary.
``(b) Timeliness.--The Secretary shall seek to minimize delay in
approving loan guarantee applications, consistent with appropriate
protection of taxpayer interests.
``(c) Cooperation.--To the maximum extent practicable, the
Secretary shall cooperate with appropriate private sector participants
to achieve a complete rare earth materials production capability in the
United States within 5 years after the date of enactment of the Rare
Earths and Critical Materials Revitalization Act of 2011.
``(d) Domestic Supply Chain.--In support of the objective in
subsection (c) to achieve a rare earth materials production capability
in the United States that includes the complete value chain described
in paragraphs (1) through (4) of subsection (a), the Secretary may not
award a guarantee for a project unless the project's proponent provides
to the Secretary an assurance that the loan or guarantee shall be used
to support the separation, recovery, preparation, or manufacturing of
rare earth materials in the United States for customers within the
United States unless insufficient domestic demand for such materials
results in excess capacity.
``(e) Sunset.--The authority to enter into guarantees under this
section shall expire on September 30, 2016.''.
(b) Table of Contents Amendment.--The table of contents of the
Energy Policy Act of 2005 is amended by inserting after the item
relating to section 1705 the following new item:
``Sec. 1706. Temporary program for rare earth materials
revitalization.''.
TITLE II--NATIONAL MATERIALS AND MINERALS POLICY, RESEARCH, AND
DEVELOPMENT
SEC. 201. AMENDMENTS TO NATIONAL MATERIALS AND MINERALS POLICY,
RESEARCH AND DEVELOPMENT ACT OF 1980.
(a) Program Plan.--Section 5 of the National Materials and Minerals
Policy, Research and Development Act of 1980 (30 U.S.C. 1604) is
amended--
(1) by striking ``date of enactment of this Act'' each
place it appears and inserting ``date of enactment of the Rare
Earths and Critical Materials Revitalization Act of 2011'';
(2) in subsection (b), by striking ``Federal Coordinating
Council for Science, Engineering, and Technology'' and
inserting ``National Science and Technology Council,'';
(3) in subsection (c)--
(A) by striking ``the Federal Emergency'' and all
that follows through ``Agency, and'';
(B) by striking ``appropriate shall'' and inserting
``appropriate, shall'';
(C) by striking paragraph (1);
(D) in paragraph (2), by striking ``in the case''
and all that follows through ``subsection,'';
(E) by redesignating paragraph (2) as paragraph
(1); and
(F) by amending paragraph (3) to read as follows:
``(2) assess the adequacy, accessibility, and stability of
the supply of materials necessary to maintain national
security, economic well-being, and industrial production.'';
(4) by striking subsections (d) and (e); and
(5) by redesignating subsection (f) as subsection (d).
(b) Policy.--Section 3 of such Act (30 U.S.C. 1602) is amended--
(1) by striking ``The Congress declares that it'' and
inserting ``It''; and
(2) by striking ``The Congress further declares that
implementation'' and inserting ``Implementation''.
(c) Implementation.--Section 4 of such Act (30 U.S.C. 1603) is
amended--
(1) by striking ``For the purpose'' and all that follows
through ``declares that the'' and inserting ``The''; and
(2) by striking ``departments and agencies,'' and inserting
``departments and agencies to implement the policies set forth
in section 3''.
SEC. 202. REPEAL.
Title II of Public Law 98-373 (30 U.S.C. 1801 et seq.; 98 Stat.
1248), also known as the National Critical Materials Act of 1984, is
repealed. | Rare Earths and Critical Materials Revitalization Act of 2011 - Establishes in the Department of Energy (DOE) a research, development, and commercial application program to assure the long-term, secure, and sustainable supply of rare earth materials to satisfy the national security, economic well-being, and industrial production needs of the United States.
Directs the Secretary of Energy to: (1) support new or significantly improved processes and technologies (as compared to those currently in use in the rare earth materials industry), (2) encourage multidisciplinary collaborations and opportunities for students at institutions of higher education, and (3) submit an implementation plan to Congress.
Amends the Energy Policy Act of 2005 to authorize the Secretary to make loan guarantee commitments for the commercial application of new or significantly improved technologies for specified projects.
Amends the National Materials and Minerals Policy, Research and Development Act of 1980 to: (1) instruct the Director of the Office of Science and Technology Policy to coordinate federal materials research and development through the National Science and Technology Council (instead of, as currently required, the Federal Coordinating Council for Science, Engineering, and Technology, which is now defunct); (2) modify the duties of the Secretary of Commerce regarding critical needs assessment; and (3) repeal specified reporting and other duties of the Secretaries of Defense and of the Interior.
Repeals the National Critical Materials Act of 1984. | {"src": "billsum_train", "title": "To develop a rare earth materials program, to amend the National Materials and Minerals Policy, Research and Development Act of 1980, and for other purposes."} | 2,730 | 283 | 0.558952 | 1.621535 | 0.700042 | 4.047445 | 9.058394 | 0.90146 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Domestic Violence Identification and
Referral Act of 1995''.
SEC. 2. ESTABLISHMENT, FOR CERTAIN HEALTH PROFESSIONS PROGRAMS, OF
PROVISIONS REGARDING DOMESTIC VIOLENCE.
(a) Title VII Programs; Preferences in Financial Awards.--Section
791 of the Public Health Service Act (42 U.S.C. 295j) is amended by
adding at the end the following subsection:
``(c) Preferences Regarding Training in Identification and Referral
of Victims of Domestic Violence.--
``(1) In general.--In the case of a health professions
entity specified in paragraph (2), the Secretary shall, in
making awards of grants or contracts under this title, give
preference to any such entity (if otherwise a qualified
applicant for the award involved) that has in effect the
requirement that, as a condition of receiving a degree or
certificate (as applicable) from the entity, each student have
had significant training in carrying out the following
functions as a provider of health care:
``(A) Identifying victims of domestic violence, and
maintaining complete medical records that include
documentation of the examination, treatment given, and
referrals made, and recording the location and nature
of the victim's injuries.
``(B) Examining and treating such victims, within
the scope of the health professional's discipline,
training, and practice, including, at a minimum,
providing medical advice regarding the dynamics and
nature of domestic violence.
``(C) Referring the victims to public and nonprofit
private entities that provide services for such
victims.
``(2) Relevant health professions entities.--For purposes
of paragraph (1), a health professions entity specified in this
paragraph is any entity that is a school of medicine, a school
of osteopathic medicine, a graduate program in mental health
practice, a school of nursing (as defined in section 853), a
program for the training of physician assistants, or a program
for the training of allied health professionals.
``(3) Report to congress.--Not later than 2 years after the
date of the enactment of the Domestic Violence Identification
and Referral Act of 1995, the Secretary shall submit to the
Committee on Commerce of the House of Representatives, and the
Committee on Labor and Human Resources of the Senate, a report
specifying the health professions entities that are receiving
preference under paragraph (1); the number of hours of training
required by the entities for purposes of such paragraph; the
extent of clinical experience so required; and the types of
courses through which the training is being provided.
``(4) Definitions.--For purposes of this subsection, the
term `domestic violence' includes behavior commonly referred to
as domestic violence, sexual assault, spousal abuse, woman
battering, partner abuse, child abuse, elder abuse, and
acquaintance rape.''.
(b) Title VIII Programs; Preferences in Financial Awards.--Section
860 of the Public Health Service Act (42 U.S.C. 298b-7) is amended by
adding at the end the following subsection:
``(f) Preferences Regarding Training in Identification and Referral
of Victims of Domestic Violence.--
``(1) In general.--In the case of a health professions
entity specified in paragraph (2), the Secretary shall, in
making awards of grants or contracts under this title, give
preference to any such entity (if otherwise a qualified
applicant for the award involved) that has in effect the
requirement that, as a condition of receiving a degree or
certificate (as applicable) from the entity, each student have
had significant training in carrying out the following
functions as a provider of health care:
``(A) Identifying victims of domestic violence, and
maintaining complete medical records that include
documentation of the examination, treatment given, and
referrals made, and recording the location and nature
of the victim's injuries.
``(B) Examining and treating such victims, within
the scope of the health professional's discipline,
training, and practice, including, at a minimum,
providing medical advice regarding the dynamics and
nature of domestic violence.
``(C) Referring the victims to public and nonprofit
private entities that provide services for such
victims.
``(2) Relevant health professions entities.--For purposes
of paragraph (1), a health professions entity specified in this
paragraph is any entity that is a school of nursing or other
public or nonprofit private entity that is eligible to receive
an award described in such paragraph.
``(3) Report to congress.--Not later than 2 years after the
date of the enactment of the Domestic Violence Identification
and Referral Act of 1995, the Secretary shall submit to the
Committee on Commerce of the House of Representatives, and the
Committee on Labor and Human Resources of the Senate, a report
specifying the health professions entities that are receiving
preference under paragraph (1); the number of hours of training
required by the entities for purposes of such paragraph; the
extent of clinical experience so required; and the types of
courses through which the training is being provided.
``(4) Definitions.--For purposes of this subsection, the
term `domestic violence' includes behavior commonly referred to
as domestic violence, sexual assault, spousal abuse, woman
battering, partner abuse, child abuse, elder abuse, and
acquaintance rape.''. | Domestic Violence Identification and Referral Act of 1995 - Amends the Public Health Service Act to give preference, in making grants or contracts under provisions relating to health professions education and provisions relating to nurse education, to certain health professions entities that train students in the identification, examination, treatment, and referral of victims of domestic violence. | {"src": "billsum_train", "title": "Domestic Violence Identification and Referral Act of 1995"} | 1,190 | 71 | 0.600683 | 1.595145 | 0.73996 | 2.306452 | 17.822581 | 0.854839 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Domestic Violence Community Response
Team Act of 1995''.
SEC. 2. PURPOSE.
The purposes of this Act are to--
(1) establish and strengthen the partnership between law
enforcement and community groups in order to assist victims of
domestic violence;
(2) provide early intervention and followup services in
order to prevent future incidents of domestic violence; and
(3) establish a central technical assistance center for the
collection and provision of programmatic information and
technical assistance.
SEC. 3. GRANTS AUTHORIZED FOR COMMUNITY RESPONSE TEAMS.
(a) In General.--The Secretary of Health and Human Services
(referred to in this Act as the ``Secretary''), is authorized to award
grants to encourage eligible entities to serve as community response
teams to assist in the prevention of domestic violence. Grants awarded
under this section shall be awarded in a manner that ensures geographic
and demographic diversity.
(b) Maximum Amount.--The Secretary shall not award a grant under
this section in an amount that exceeds $500,000.
(c) Duration.--The Secretary shall award grants under this section
for periods of not to exceed 3 years.
(d) Eligible Entity.--
(1) In general.--For purposes of this section, the term
``eligible entity'' means a nonprofit, community-based
organization whose primary purpose involves domestic violence
prevention, and who has demonstrated expertise in providing
services to victims of domestic violence and collaborating with
service providers and support agencies in the community.
(2) Additional requirements.--In order to be considered an
eligible entity for purposes of this section, an entity shall--
(A) have an understanding of the racial, ethnic,
and lingual diversity of the community in which such
entity serves as a community response team;
(B) be able to respond adequately to such
community; and
(C) to the extent practicable, include personnel
that reflect the racial, ethnic, and lingual diversity
of such community.
(e) Role of Community Response Teams.--Community response teams
established pursuant to this section shall--
(1) provide community advocates to work (in conjunction
with local police) with victims, immediately after incidents of
domestic violence;
(2) educate victims of domestic violence about the legal
process with respect to restraining orders and civil and
criminal charges;
(3) discuss with such victims immediate safety arrangements
and child care needs, and educate victims about resources
provided by local agencies;
(4) provide for followup services and counseling with local
support agencies;
(5) educate victims regarding abuse tactics, including
increased incidence of violence that occurs after repeated
episodes of violence; and
(6) act in partnership with local law enforcement agencies
to carry out the purposes of this Act.
(f) Applications.--
(1) In general.--Applications for grants under this section
shall be submitted to the Secretary at such time, in such
manner, and accompanied by such information as the Secretary
may reasonably require.
(2) Contents.--Each application submitted pursuant to
paragraph (1) shall--
(A) include a complete description of the eligible
entity's plan for operating a community-based
partnership between law enforcement officials and
community organizations;
(B) demonstrate effective community leadership,
commitment to community action, and commitment to
working with affected populations;
(C) provide for periodic project evaluation through
written reports and analysis in order to assist in
applying successful programs to other communities; and
(D) demonstrate an understanding of the population
to be served, including an understanding of the racial,
ethnic, and socio-economic characteristics that
influence the roles of women and affect treatment.
(g) Administrative Expenses.--Of the amount made available under
section 5 for a grant under this section for a community response team,
not more than 5 percent of such amount may be expended to cover the
administrative expenses of the community response team.
SEC. 4. TECHNICAL ASSISTANCE CENTER.
(a) In General.--The Secretary is authorized to award a contract to
an eligible entity to serve as a technical assistance center under this
Act. The technical assistance center shall--
(1) serve as a national information, training, and material
development source for the development and support of community
response teams nationwide; and
(2) provide technical support and input to community
programs, including assisting local groups in the establishment
of programs and providing training to community volunteer staff
persons.
(b) Eligible Entity.--For purposes of this section, the term
``eligible entity'' means a nonprofit organization with a primary focus
on domestic violence prevention and demonstrated expertise in providing
technical assistance, information, training, and resource development
on some aspect of domestic violence service provision or prevention. An
eligible entity shall be selected by the Secretary under this section
based on competence, experience, and a proven ability to conduct
national-level organization and program development. In order to be
considered an eligible entity for purposes of this section, an entity
shall provide the Secretary with evidence of support from community-
based domestic violence organizations for the designation of the entity
as the technical assistance center.
(c) Administrative Expenses.--Of the amount made available under
section 5 for a contract under this section for a technical assistance
center, not more than 5 percent of such amount may be expended to cover
the administrative expenses of the technical assistance center.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $5,000,000 for fiscal years
1996, 1997, and 1998 to carry out the provisions of this Act, of which
$300,000 shall be made available for a contract under section 4. | Domestic Violence Community Response Team Act of 1995 - Prescribes guidelines under which the Secretary of Health and Human Services is authorized to: (1) award grants for community response teams to assist in domestic violence prevention; and (2) award contracts for technical assistance centers.
Authorizes appropriations. | {"src": "billsum_train", "title": "Domestic Violence Community Response Team Act of 1995"} | 1,216 | 58 | 0.602034 | 1.543539 | 1.214921 | 2.625 | 20.785714 | 0.875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Antimicrobial Pesticide Registration
Reform Act of 1995''.
SEC. 2. REFERENCE.
Whenever in this Act an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or other
provision of the Federal Insecticide, Fungicide, and Rodenticide Act.
SEC. 3. ANTIMICROBIAL PRODUCTS.
(a) Definitions.--Amendments to the Act.--Section 2 (7 U.S.C. 136)
is amended by adding at the end the following new subsection:
``(hh) Antimicrobial Pesticide.--The term `antimicrobial pesticide'
means a pesticide, including but not limited to an antimicrobial active
ingredient or an antimicrobial end-use product (including composition,
packaging, and labeling), that--
``(1) is intended to--
``(A) disinfect, sanitize, reduce, or mitigate
growth or development of microbiological organisms; or
``(B) protect inanimate objects, industrial
processes or systems, surfaces, water or other chemical
substances from contamination, degradation, fouling,
inefficiency, or deterioration caused by
microbiological organisms (including, but not limited
to bacteria, viruses, fungi, algae or composite slime);
and
``(2) in the intended use is exempt from, or otherwise not
subject to, a tolerance under section 408 or section 409 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a or
348).''.
(b) Requirements for Registration.--Section 3 (7 U.S.C. 136a) is
amended by adding at the end the following new subsection:
``(g) Registration Requirements for Antimicrobial Pesticides.--
``(1) Evaluation of process.--The Administrator shall
identify and evaluate reforms to the antimicrobial registration
process that will reduce current review periods for--
``(A) new antimicrobial active ingredients;
``(B) new antimicrobial end-use products;
``(C) substantially similar or identical
antimicrobial pesticides; and
``(D) amendments to existing antimicrobial
pesticide registrations; by the maximum extent
practicable consistent with the degree and type of
review appropriate to the risks presented by the
antimicrobial pesticide.
``(2) Review time period reduction goal.--The reforms
identified under paragraph (1) shall be designed to achieve the
goal of reducing the review periods for each of the
antimicrobial pesticide registration actions described below to
the shorter of either a 75 percent reduction from the current
review time period or the following specific review periods:
``(A) 12 months for a new antimicrobial active
ingredient pesticide registration.
``(B) 6 months for a new antimicrobial use of a
registered active ingredient.
``(C) 3 months for a new antimicrobial use of a
registered end-use product.
``(D) 3 months for a new antimicrobial end-use
product registration.
``(E) 3 months for a substantially similar or
identical antimicrobial product.
``(F) 3 months for an amendment to a current
antimicrobial registration that requires scientific
review of data.
``(G) 1 month for an application for an amendment
to a current antimicrobial registration that does not
require scientific review of data.
``(3) Advance notice of proposed rulemaking.--Not later
than 90 days after the date of enactment of this subsection,
the Administrator shall publish in the Federal Register an
advance notice of proposed rulemaking to solicit input for
rulemaking to--
``(A) define the different classes of antimicrobial
use patterns, including but not limited to household
and similarly-formulated industrial and institutional
disinfectants and sanitizing pesticides, preservatives,
water treatment, and pulp and paper mill additives;
``(B) differentiate the types of review (such as
those described in paragraphs (1) and (2)) undertaken
for antimicrobial pesticides;
``(C) conform and degree and type of review to the
risks and benefits presented by antimicrobial
pesticides and the function of review under this Act
considering the use patterns of the product, toxicity,
and product type;
``(D) ensure that the review process is sufficient
to maintain antimicrobial pesticide efficacy and that
household and similarly-formulated industrial and
institutional disinfectant and sanitizing pesticides
continue to meet product performance standards and
specific effectiveness levels reflected in subdivision
G of the Agency's Pesticide Assessment Guidelines for
each type of label claim made; and
``(E) implement effective deadlines for process
management, that can be relied upon by both the
registrant and the Agency.
``(4) Implementation.--
``(A) Regulations.--Within 1 year of the date of
enactment of this subsection, the Administrator shall
propose regulations, to be effective within 180 days of
their publication in the Federal Register, to carry out
and meet the goals set forth in paragraph (2). The
Administrator shall consider the establishment of a
certification process for regulatory actions involving
risks that can be responsibly managed consistent with
their degree in the most cost efficient manner. The
Administrator shall also consider, as an adjunct to the
review process, the establishment of a certification
process by approved laboratories. In addition to
considering certification processes, the Administrator
shall also utilize all appropriate and cost effective
review mechanisms, including--
``(i) expanded use of notification and non-
notification procedures;
``(ii) revised procedures for application
review; and
``(iii) allocation of appropriate and
sufficient resources to ensure streamlined
management of antimicrobial pesticide
registrations.
``(B) Transition period.--In the case of an
antimicrobial pesticide application filed after 90 days
after the date of enactment of this subsection, the
following shall apply:
``(i) The review period for the
registration of an antimicrobial end-use
pesticide that, if registered as proposed,
would be substantially similar or identical in
composition and labeling to a currently-
registered antimicrobial pesticide identified
in the application, or that would differ in
composition and labeling from such currently-
registered antimicrobial pesticide only in ways
that would not significantly increase the risk
of unreasonable adverse effects on the
environment, shall be not more than 135 days.
``(ii) The review period for an amendment
to a current registration that does not require
scientific review of data shall be no more than
135 days.
``(iii) No rule promulgated under
subparagraph (A) may extend, absent consent of
the registrant, the time periods established
under this subparagraph.
``(C) Alternative review periods.--In the case of
antimicrobial pesticide applications other than those
described in subparagraph (B), if the final rules to
carry out this paragraph are not effective 545 days
after the date of enactment of this subsection, the
following review periods, beginning on the date of
receipt by the Agency of a complete application, shall
apply:
``(i) 18 months for a new active ingredient
pesticide registration.
``(ii) 12 months for a new use of a
registered active ingredient.
``(iii) 6 months for a new use of a
registered end-use product.
``(iv) 6 months for a new end-use product
registration.
``(v) 135 days for a substantially similar
or identical product.
``(vi) 6 months for an amendment to a
current registration that requires scientific
review of data.
``(vii) 135 days for an application for an
amendment to a current registration that does
not require scientific review of data.
``(D) Notification.--
``(i) In general.--The Administrator shall
notify the registrant prior to the end of the
appropriate review period specified in
subparagraph (B) or (C) whether an application
has been granted or denied.
``(ii) Final decision.--If the
Administrator fails to timely notify the
registrant under clause (i) whether an
application has been granted or denied, the
application shall be deemed to be denied and
such denial shall be considered a final agency
action subject to judicial review under section
551 of title 5, United States Code, et seq.
``(E) Oversight.--The Committee on Agriculture of
the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate
shall thereafter conduct such oversight as is necessary
to ensure that the reform goal for the antimicrobial
registration process are met.
``(5) Annual report.--Not later than March 1 of each year
after date of enactment of this subsection until the reform
goals specified in this subsection have been achieved, the
Administrator shall prepare and submit an annual report to the
Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate. This report shall include those measures taken to
reduce the backlog of pending registration applications,
progress toward achieving the reforms, and recommendations to
improve the activities of the Agency pertaining to
antimicrobial registrations.''.
``(c) Label and Labeling Statements.--Section 3(c) (7 U.S.C.
136a(c)) is amended by adding at the end the following new paragraph:
``(9) Label and labeling statements.--
``(A) Additional statements.--A registrant of an
antimicrobial pesticide may not change the label or
labeling statements required under this Act or by
regulation including the pesticidal claims, ingredient
statement, directions for use, warning and caution
statements and Agency registration numbers, without the
approval of the Administrator. A registrant of an
antimicrobial pesticide may make or alter other label
or labeling statements or amendments that are truthful
and not misleading and that do not relate to or affect
such required label or labeling statements.
``(B) Use dilution.--For antimicrobial pesticides
that are or may be diluted for use, the label or
labeling required under this Act may have a different
statement of caution or protective measures for use of
recommended diluted solutions of the pesticide than for
the use of concentrates of the pesticide. Such a
precautionary statement shall provide adequate
protection for exposure to the diluted solution of the
pesticide.''.
(d) Disposal and Household and Similarly Formulated Industrial and
Institutional Disinfectant and Sanitizer Products.--Section 19(h) (7
U.S.C. 136q(h)) is amended by adding at the end the following new
sentence: ``Household and similarly-formulated industrial and
institutional disinfectant and sanitizer products which are not
otherwise subject to regulation under the Solid Waste Disposal Act (42
U.S.C. 6901 et. seq.) shall not be subject to regulation under this
section.''.
(e) Data Coordination and Synchronization.--Section 3(c)(2)(B) (7
U.S.C. 136a(c)(2)(B)) is amended by adding at the end the following new
clause:
``(vi) Whenever data of a type specified in the guidelines
published under subparagraph (A) is requested by one or more
State or Federal agencies, the Administrator shall, to the
extent practicable, share data and information and shall
coordinate and synchronize such data requests including, but
not limited to, test protocols, timetables, and standards of
review among the agencies so as to reduce burdens and to avoid
unnecessary repetition and redundancy. In addition, within one
year after the date of enactment of this clause, the
Administrator shall, by rule, develop and implement procedures
for such coordination and synchronization by the Administrator
so as to result in identical and concurrent data requirements
by all the agencies. Nothing in this clause shall be
interpreted as affecting the authority of States to regulate
pesticides as provided in section 24(a).''. | Antimicrobial Pesticide Registration Reform Act of 1995 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to direct the Administrator of the Environmental Protection Agency to identify and evaluate changes to the process for registration of antimicrobial pesticides that will reduce current time periods for review.
Prohibits a registrant of an antimicrobial pesticide from changing the label or labeling statements required under FIFRA or by regulation without the approval of the Administrator, but allows labeling or labeling alteration that is truthful and not misleading if it is unrelated to such requirements.
Exempts from applicability of FIFRA storage, disposal, transportation, and recall requirements household and similarly formulated industrial and institutional disinfectant and sanitizer products not otherwise subject to regulation under the Solid Waste Disposal Act.
Directs the Administrator to: (1) share data and information and coordinate and synchronize data requests whenever data in support of a pesticide registration is requested by one or more State or Federal agencies; and (2) develop and implement procedures for such coordination to reduce burdens and avoid unnecessary repetition and redundancy. | {"src": "billsum_train", "title": "Antimicrobial Pesticide Registration Reform Act of 1995"} | 2,691 | 250 | 0.543626 | 1.607409 | 0.971087 | 3.237374 | 12.141414 | 0.893939 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Level of Effort Clean Water Bonus
Fund Act of 1995''.
SEC. 2. LEVEL OF EFFORT CAPITALIZATION GRANTS.
(a) In General.--Section 604 of the Federal Water Pollution Control
Act (33 U.S.C. 1384) is amended--
(1) in subsection (a), by striking ``Sums'' and inserting
``Subject to subsection (d), sums''; and
(2) by adding at the end the following new subsection:
``(d) Level of Effort Capitalization Grants.--
``(1) In general.--For each fiscal year, the Administrator
shall reserve 20 percent of the funds made available for
capitalization grants under this title for making level of
effort capitalization grants to eligible States in accordance
with this subsection. A State that receives grant payments
under this subsection shall deposit all such payments in the
water pollution control revolving fund established by the State
in accordance with this title.
``(2) Eligibility.--A State shall be eligible to receive a
grant under this subsection if the State--
``(A) submits an application for the grant to the
Administrator in such form and at such time as the
Administrator shall require; and
``(B) for the fiscal year preceding the fiscal year
for which the application is submitted, deposits--
``(i) an amount of State funds in addition
to the amount required under section 602(b)(2)
into the water pollution control revolving fund
of the State established under this title;
``(ii) an amount of State funds into a non-
Federal revolving fund or grant program that
the Administrator determines is subject to
requirements that are substantially similar to
the requirements of the fund referred to in
clause (i); or
``(iii) both an amount as described in
clause (i) and an amount as described in clause
(ii).
``(3) Amount of grants.--
``(A) In general.--Subject to subparagraph (B), a
grant to a State under this subsection shall be in an
amount equal to the total amounts deposited as
described in paragraph (2)(B).
``(B) Limitations.--
``(i) State maximum.--For each fiscal year,
no State may receive a grant under this
subsection in an amount that is greater than 20
percent of the amount of funds reserved under
paragraph (1).
``(ii) Insufficient funds.--If, for any
fiscal year, the sum of the grant amounts
calculated under subparagraph (A) for all
eligible States is greater than the amount of
funds reserved under paragraph (1), the
Administrator shall make a grant to each
eligible State in an amount that is equal to
the product obtained by multiplying--
``(I) the amount of funds reserved
under paragraph (1); by
``(II) the quotient obtained by
dividing--
``(aa) the grant amount
calculated under subparagraph
(A) for the State; by
``(bb) the sum of the grant
amounts calculated under
subparagraph (A) for all
eligible States.
``(4) Allotment of excess funds.--If, for any fiscal year,
the sum of the grant amounts calculated under paragraph (3) for
all eligible States is less than the amount of funds reserved
under paragraph (1), the Administrator shall allot the excess
funds in accordance with subsection (a).''.
(b) Conforming Amendments.--Section 602(b) of such Act (33 U.S.C.
1382(b)) is amended--
(1) in paragraph (2), by inserting ``except with respect to
grants made to the State under section 604(d),'' before ``the
State will deposit''; and
(2) in paragraph (3), by inserting ``, except that with
respect to grants made to the State under section 604(d), the
State will enter into binding commitments to provide the
assistance in an amount equal to 100 percent of the amount of
each grant payment'' before the semicolon at the end. | Level of Effort Clean Water Bonus Fund Act of 1995 - Amends the Federal Water Pollution Control Act to require the Administrator of the Environmental Protection Agency to reserve 20 percent of the amounts made available for capitalization grants for State water pollution control revolving funds for making level of effort capitalization grants to eligible States.
Requires States that receive level of effort grant payments to deposit all payments into the revolving funds. Makes eligible for such grants States that have deposited more than the required matching amount into the revolving fund or into a non-Federal revolving fund or grant program that is subject to requirements similar to those for the State revolving fund.
Prohibits States from receiving a grant in an amount greater than 20 percent of the amount of funds reserved. | {"src": "billsum_train", "title": "Level of Effort Clean Water Bonus Fund Act of 1995"} | 920 | 177 | 0.666225 | 1.806005 | 0.825094 | 2.894366 | 5.992958 | 0.880282 |
SECTION 1. RESTRICTING MEDICAID LIENS AND MEDICAID ESTATE RECOVERY FOR
LONG-TERM CARE SERVICES IN THE CASE OF CERTAIN
INDIVIDUALS WHO HAVE RECEIVED BENEFITS UNDER LONG-TERM
CARE INSURANCE POLICIES FOR AT LEAST 3 YEARS.
(a) Limitation on Liens.--Subsection (a) of section 1917 of the
Social Security Act (42 U.S.C. 1396p) is amended by adding at the end
the following new paragraph:
``(4) No lien may be imposed under paragraph (1)(B) on an
individual's home on account of medical assistance paid with respect to
the provision of long-term care services (including nursing facility
services and home health care services) if the individual (as of the
date of provision of such services) had received benefits under a
qualified long-term care insurance contract (as defined in section
7702B(b)(1) of the Internal Revenue Code of 1986) for at least 3 years
during the 5-year period ending on such date.''.
(b) Limitation on Estate Recovery.--Subsection (b) of such section
is amended--
(1) in paragraph (1)(C)(i), by inserting ``and except as
provided in paragraph (5)'' after ``except as proivded in such
clause'', and
(2) by adding at the end the following new paragraph:
``(5) A State shall not seek adjustment or recovery of any medical
assistance correctly paid on behalf of an individual under the State
plan under this subsection in the case of medical assistance for which
a lien may not be imposed under subsection (a)(4).''.
(c) Effective Date.--The amendments made by this section shall
apply to adjustments or recoveries initiated on or after the date of
the enactment of this Act.
SEC. 2. TREATMENT OF CARRYOVERS AND LONG-TERM CARE INSURANCE UNDER
FLEXIBLE SPENDING ARRANGEMENTS.
(a) Allowance of Carryovers, Permitted Reimbursement of Long-Term
Care Insurance Premiums (and Health Insurance Premiums During
Unemployment), and Repeal of Income Inclusion for Long-Term Care
Insurance.--Subsection (c) of section 106 of the Internal Revenue Code
of 1986 (relating to inclusion of long-term care benefits provided
through flexible spending arrangements) is amended to read as follows:
``(c) Special Rules Relating to Flexible Spending Arrangements for
Health.--
``(1) Carryover permitted.--
``(A) In general.--For purposes of this title, a
flexible spending arrangement for health shall not
cease to be treated as such an arrangement, and no
amount shall be includible in the gross income of the
participant in such arrangement, solely because the
maximum amount of reimbursement otherwise available to
a participant under such arrangement for any year is
increased by the carryover amount.
``(B) Carryover amount.--For purposes of this
paragraph, the term `carryover amount' means, for any
participant, for any year, and with respect to any
flexible spending arrangement, the excess (if any) of--
``(i) the maximum amount of reimbursement
available to such participant under such
arrangement for the preceding year (determined
after the application of this paragraph), over
``(ii) the actual amount of reimbursement
to which such participant is entitled under
such arrangement for such preceding year by
reason of covered claims incurred.
In no event shall the carryover amount exceed the sum
of the premiums paid for coverage under such
arrangement with respect to such participant for such
year and such preceding year.
``(2) Reimbursement for long-term care insurance premiums
and (during unemployment) for health insurance premiums.--For
purposes of this title, a flexible spending arrangement for
health shall not cease to be treated as such an arrangement,
and no amount shall be includible in the gross income of the
participant in such arrangement, solely because such
arrangement--
``(A) treats premium payments for any qualified
long-term care insurance contract (as defined in
section 7702B(b)) for the taxpayer and the taxpayer's
family members as reimbursable expenses, or
``(B) treats premium payments for medical insurance
for the taxpayer and the taxpayer's family members as
reimbursable expenses if such payments are made--
``(i) after separation of the taxpayer from
employment, and
``(ii) to obtain insurance for the period
beginning on or after the date of such
separation and ending on or before the earlier
of--
``(I) the date which is 18 months
after the date of such separation, or
``(II) the date on which the
taxpayer becomes employed full-time.
``(3) Definitions and special rule regarding insurance
premiums.--For purposes of paragraph (2)--
``(A) Family member.--The term `family member'
means, with respect to any taxpayer--
``(i) the spouse of the taxpayer,
``(ii) any child (within the meaning of
section 151) of the taxpayer, if such child has
not attained the age of 19 at the close of the
calendar year in which the taxable year of the
taxpayer begins, and
``(iii) any parent or stepparent of the
taxpayer or of the taxpayer's spouse.
``(B) Medical insurance.--The term `medical
insurance' means insurance covering medical care
referred to in subparagraph (A) or (B) of section
213(d)(1).
``(C) Limitation on long-term care insurance
premiums.--The rule of the last sentence of section
213(d)(1) and the rules of section 213(d)(10) (relating
to eligible long-term care premiums) shall apply.
``(4) Flexible spending arrangement.--For purposes of this
subsection, a flexible spending arrangement is a benefit
program which provides employees with coverage under which--
``(A) specified incurred expenses may be reimbursed
(subject to reimbursement maximums and other reasonable
conditions), and
``(B) the maximum amount of reimbursement which is
reasonably available to a participant for such coverage
is less than 500 percent of the value of such coverage.
In the case of an insured plan, the maximum amount reasonably
available shall be determined on the basis of the underlying
coverage.
``(5) Coordination with cafeteria plan provisions.--Section
125(a) shall not fail to apply to a participant in a plan, and
a plan shall not fail to be treated as a cafeteria plan, solely
because a flexible spending arrangement available under the
plan--
``(A) increases the maximum amount of reimbursement
otherwise available by the carryover amount, as
described in paragraph (1), or
``(B) treats premium payments as reimbursable
expenses as described paragraph (2).''
(b) Effective Date.--The amendment made by this section shall apply
to years beginning after the date of the enactment of this Act. | Amends title XIX (Medicaid) of the Social Security Act to prohibit the imposition of Medicaid home liens and Medicaid estate recovery for long-term care services in the case of an individual who has received benefits under a qualified long-term care insurance policy for at least three years during the five-year period ending on the date of provision of such services.
Amends the Internal Revenue Code to: (1) repeal the inclusion in an employee's gross income of employer-provided coverage (through a flexible spending or similar arrangement (FSA)) of qualified long-term care services; (2) allow the carryover of amounts in excess of the maximum amount of reimbursement under an FSA; and (3) exclude from gross income the reimbursement of long-term care insurance premiums by FSAs (as well as the reimbursement of health insurance premiums during unemployment). | {"src": "billsum_train", "title": "Real Estate Investment Trust Modernization Act of 1999"} | 1,573 | 182 | 0.595298 | 1.688284 | 0.743749 | 2.844311 | 8.377246 | 0.88024 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anti-Electronic Racketeering Act of
1995''.
SEC. 2. PROHIBITED ACTIVITIES.
(a) Definitions.--Section 1961(1) of title 18, United States Code,
is amended--
(1) by striking ``1343 (relating to wire fraud)'' and
inserting ``1343 (relating to wire and computer fraud)'';
(2) by striking ``that title'' and inserting ``this
title'';
(3) by striking ``or (E)'' and inserting ``(E)''; and
(4) by inserting before the semicolon the following: ``or
(F) any act that is indictable under section 1030, 1030A, or
1962(d)(2)''.
(b) Use of Computer To Facilitate Racketeering Enterprise.--Section
1962 of title 18, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d) It shall be unlawful for any person--
``(1) to use any computer or computer network in
furtherance of a racketeering activity (as defined in section
1961(1)); or
``(2) to damage or threaten to damage electronically or
digitally stored data.''.
(c) Criminal Penalties.--Section 1963(b) of title 18, United States
Code, is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) electronically or digitally stored data.''.
(d) Civil Remedies.--Section 1964(c) of title 18, United States
Code, is amended by striking ``his property or business''.
(e) Use as Evidence of Intercepted Wire or Oral Communications.--
Section 2515 of title 18, United States Code, is amended by inserting
before the period at the end the following: ``, unless the authority in
possession of the intercepted communication attempted in good faith to
comply with this chapter. If the United States or any State of the
United States, or subdivision thereof, possesses a communication
intercepted by a nongovernmental actor, without the knowledge of the
United States, that State, or that subdivision, the communication may
be introduced into evidence''.
(f) Authorization for Interception of Wire, Oral, or Electronic
Communications.--Section 2516(1) of title 18, United States Code, is
amended--
(1) by striking ``and'' at the end of paragraph (n);
(2) by striking the period at the end of paragraph (o) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(p) any violation of section 1962 of title 18.''.
(g) Procedures for Interception.--Section 2518(4)(b) of title 18,
United States Code, is amended by inserting before the semicolon the
following: ``to the extent feasible''.
(h) Computer Crimes.--
(1) New prohibited activities.--Chapter 47 of title 18,
United States Code, is amended by adding at the end the
following new section:
``Sec. 1030A. Racketeering-related crimes involving computers
``(a) It shall be unlawful--
``(1) to use a computer or computer network to transfer
unlicensed computer software, regardless of whether the
transfer is performed for economic consideration;
``(2) to distribute computer software that encodes or
encrypts electronic or digital communications to computer
networks that the person distributing the software knows or
reasonably should know, is accessible to foreign nationals
and foreign
governments, regardless of whether such software has been
designated as nonexportable;
``(3) to use a computer or computer network to transmit a
communication intended to conceal or hide the origin of money
or other assets, tangible or intangible, that were derived from
racketeering activity; and
``(4) to operate a computer or computer network primarily
to facilitate racketeering activity or primarily to engage in
conduct prohibited by Federal or State law.
``(b) For purposes of this section, each act of distributing
software is considered a separate predicate act. Each instance in which
nonexportable software is accessed by a foreign government, an agent of
a foreign government, a foreign national, or an agent of a foreign
national, shall be considered as a separate predicate act.
``(c) It shall be an affirmative defense to prosecution under this
section that the software at issue used a universal decoding device or
program that was provided to the Department of Justice prior to the
distribution.''.
(2) Clerical amendment.--The analysis at the beginning of
chapter 47, United States Code, is amended by adding at the end
the following new item:
``1030A. Racketeering-related crimes involving computers.''.
(3) Jurisdiction and venue.--Section 1030 of title 18,
United States Code, is amended by adding at the end the
following new subsection:
``(g)(1)(A) Any act prohibited by this section that is committed
using any computer, computer facility, or computer network that is
physically located within the territorial jurisdiction of the United
States shall be deemed to have been committed within the territorial
jurisdiction of the United States.
``(B) Any action taken in furtherance of an act described in
subparagraph (A) shall be deemed to have been committed in the
territorial jurisdiction of the United States.
``(2) In any prosecution under this section involving acts deemed
to be committed within the territorial jurisdiction of the United
States under this subsection, venue shall be proper where the computer,
computer facility, or computer network was physically situated at the
time at least one of the wrongful acts was committed.''.
(i) Wire and Computer Fraud.--Section 1343 of title 18, United
States Code, is amended by striking ``or television communication'' and
inserting ``television communication, or computer network or
facility''.
(j) Privacy Protection Act.--Section 101 of the Privacy Protection
Act of 1980 (42 U.S.C. 2000aa) is amended--
(1) in subsection (a)--
(A) by striking ``or'' at the end of paragraph (1);
(B) by striking the period at the end of paragraph
(2) and inserting ``; or''; and
(C) by adding at the end the following new
paragraph:
``(3) there is reason to believe that the immediate seizure
of such materials is necessary to prevent the destruction or
altercation of such documents.''; and
(2) in subsection (b)--
(A) by striking ``or'' at the end of paragraph (3);
(B) by striking the period at the end of paragraph
(4) and inserting ``; or''; and
(C) by adding at the end the following new
paragraph:
``(5) in the case of electronically stored data, the
seizure is incidental to an otherwise valid seizure, and the
government officer or employee--
``(A) was not aware that work product material was
among the data seized;
``(B) upon actual discovery of the existence of
work product materials, the government officer or
employee took reasonable steps to protect the privacy
interests recognized by this section, including--
``(i) using utility software to seek and
identify electronically stored data that may be
commingled or combined with non-work product
material; and
``(ii) upon actual identification of such
material, taking reasonable steps to protect
the privacy of the material, including seeking
a search warrant.''. | Anti-Electronic Racketeering Act of 1995 - Amends the Federal criminal code to revise the definition of "racketeering" to include any act indictable as a crime which is related to wire and computer fraud. Adds to the definition of racketeering any act indictable as fraud and related activity in connection with computers, racketeering- related crimes involving computers, or other prohibited racketeering activities. Prohibits the use of a computer or computer network to further racketeering activity or to damage or threaten to damage electronically or digitally stored data.
Includes electronically or digitally stored data as property subject to criminal forfeiture. Allows any person injured by racketeering activities to sue in U.S. district court and recover threefold the damages sustained, the cost of the suit, and attorney's fees.
Allows the introduction of evidence of intercepted wire or oral communications if the authority in possession of the intercepted communication attempted in good faith to comply with the U.S. Code provisions pertaining to communications interceptions. Permits a Federal, State, or local government to introduce as evidence a communication intercepted by a non-governmental actor without the government's knowledge.
Authorizes the Attorney General, or another designated individual, to apply to a Federal judge for an order authorizing the designated Federal agency to use an electronic, oral, or wire interception where the interception may provide or has provided evidence of prohibited activities under the racketeering statute.
Provides that the application for the wire, oral, or electronic communications interception should provide as much detail as possible regarding the offense, the type of communications to be intercepted, and the identity of the person committing the offense.
Prohibits the use of computers or computer networks to transfer unlicensed computer software, to distribute computer software that encodes or encrypts electronic or digital communications which may be accessible to foreign nationals or foreign governments, to transmit a communication intended to conceal money or other assets derived from racketeering activities, and to operate a computer or computer network primarily to engage in racketeering or other activities banned by Federal or State law. Provides that it shall be an affirmative defense to prosecution if the software at issue used a universal decoding device provided to the Department of Justice prior to the distribution.
Declares that the United States has jurisdiction over any act committed while using any computer, computer facility, or computer network that is physically located within the territorial jurisdiction of the United States. Establishes venue in the jurisdiction where the computer, computer facility, or computer network was physically located at the time of the wrongful act. Declares that the transmission of deceptive information through a computer network or facility constitutes fraud.
Amends the Privacy Protection Act to allow the seizure of work product materials if there is reason to believe that it is necessary to prevent the destruction or alteration of the documents. Permits a government official to search for or seize electronically stored data if the seizure is incidental to an otherwise valid seizure and the government official was unaware that the material existed among the seized data and took reasonable steps to protect the privacy interests of the individual after the work products material discovery. | {"src": "billsum_train", "title": "Anti-Electronic Racketeering Act of 1995"} | 1,753 | 726 | 0.584152 | 1.806638 | 0.728434 | 3.089041 | 2.815068 | 0.842466 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Northern Ireland Fair Employment
Practices Act of 1995''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Currently, overall unemployment in Northern Ireland is
approximately 13 percent, as compared to 9 percent in the rest
of the United Kingdom.
(2) Unemployment in the minority community in Northern
Ireland is 22.8 percent, and in some portions of the minority
community unemployment has historically exceeded 70 percent.
(3) The British Government Fair Employment Commission
(F.E.C.), formerly the Fair Employment Agency (F.E.A.), has
consistently reported that a member of the minority community
is two times more likely to be unemployed than a member of the
majority community.
(4) The Investor Responsibility Research Center (IRRC),
Washington, District of Columbia, lists 80 publicly held United
States companies doing business in Northern Ireland, which
employ approximately 11,000 individuals.
(5) The religious minority population of Northern Ireland
is subject to discriminatory hiring practices by some United
States businesses which have resulted in a disproportionate
number of minority individuals holding menial and low-paying
jobs.
(6) The MacBride Principles are a nine point set of
guidelines for fair employment in Northern Ireland which
establishes a corporate code of conduct to promote equal access
to regional employment but does not require disinvestment,
quotas, or reverse discrimination.
SEC. 3. RESTRICTION ON IMPORTS.
An article from Northern Ireland may not be entered, or withdrawn
from warehouse for consumption, in the customs territory of the United
States unless there is presented at the time of entry to the customs
officer concerned documentation indicating that the enterprise which
manufactured or assembled such article was in compliance at the time of
manufacture with the principles described in section 5.
SEC. 4. COMPLIANCE WITH FAIR EMPLOYMENT PRINCIPLES.
(a) Compliance.--Any United States person who--
(1) has a branch or office in Northern Ireland, or
(2) controls a corporation, partnership, or other
enterprise in Northern Ireland,
in which more than twenty people are employed shall take the necessary
steps to ensure that, in operating such branch, office, corporation,
partnership, or enterprise, those principles relating to employment
practices set forth in section 5 are implemented and this Act is
complied with.
(b) Report.--Each United States person referred to in subsection
(a) shall submit to the Secretary--
(1) a detailed and fully documented annual report, signed
under oath, on showing compliance with the provisions of this
Act; and
(2) such other information as the Secretary determines is
necessary.
SEC. 5. MACBRIDE PRINCIPLES.
The principles referred to in section 4 are the MacBride
Principles, which are as follows:
(1) Increasing the representation of individuals from
underrepresented religious groups in the work force including
managerial, supervisory, administrative, clerical, and
technical jobs.--A workforce that is severely unbalanced may
indicate prima facie that full equality of opportunity is not
being afforded all segments of the community in Northern
Ireland. Each signatory to the MacBride Principles must make
every reasonable lawful effort to increase the representation
of underrepresented religious groups at all levels of its
operations in Northern Ireland.
(2) Adequate security for the protection of minority
employees both at the workplace and while travelling to and
from work.--While total security can be guaranteed nowhere
today in Northern Ireland, each signatory to the MacBride
Principles must make reasonable good faith efforts to protect
workers against intimidation and physical abuse at the
workplace. Signatories must also make reasonable good faith
efforts to ensure that applicants are not deterred from seeking
employment because of fear for their personal safety at the
workplace or while travelling to and from work.
(3) The banning of provocative religious or political
emblems from the workplace.--Each signatory to the MacBride
Principles must make reasonable good faith efforts to prevent
the display of provocative sectarian emblems at their plants in
Northern Ireland.
(4) All job openings should be advertised publicly and
special recruitment efforts made to attract applicants from
underrepresented religious groups.--Signatories to the MacBride
Principles must exert special efforts to attract employment
applications from the sectarian community that is substantially
underrepresented in the workforce. This should not be construed
to imply a diminution of opportunity for other applicants.
(5) Layoff, recall, and termination procedures should not
in practice favor a particular religious group.--Each signatory
to the MacBride Principles must make reasonable good faith
efforts to ensure that layoff, recall, and termination
procedures do not penalize a particular religious group
disproportionately. Layoff and termination practices that
involve seniority solely can result in discrimination against a
particular religious group if the bulk of employees with
greatest seniority are disproportionately from another
religious group.
(6) The abolition of job reservations, apprenticeship
restrictions, and differential employment criteria which
discriminate on the basis of religion.--Signatories to the
MacBride Principles must make reasonable good faith efforts to
abolish all differential employment criteria whose effect is
discrimination on the basis of religion. For example, job
reservations, and apprenticeship regulations that favor
relatives of current or former employees can, in practice,
promote religious discrimination if the company's workforce has
historically been disproportionately drawn from another
religious group.
(7) The development of training programs that will prepare
substantial numbers of current minority employees for skilled
jobs, including the expansion of existing programs and the
creation of new programs to train, upgrade, and improve the
skills of minority employees.--This does not imply that such
programs should not be open to all members of the workforce
equally.
(8) The establishment of procedures to assess, identify,
and actively recruit minority employees with potential for
further advancement.--This section does not imply that such
procedures should not apply to all employees equally.
(9) The appointment of a senior management staff member to
oversee the company's affirmative action efforts and the
setting up of timetables to carry out affirmative action
principles.--In addition to the above, each signatory to the
MacBride Principles is required to report annually to an
independent monitoring agency on its progress in the
implementation of these Principles.
SEC. 6. WAIVER OF PROVISIONS.
(a) Waiver of Provisions.--In any case in which the President
determines that compliance by a United States person with the
provisions of this Act would harm the national security of the United
States, the President may waive those provisions with respect to that
United States person. The President shall publish in the Federal
Register each waiver granted under this section and shall submit to the
Congress a justification for granting each such waiver. Any such waiver
shall become effective at the end of ninety days after the date on
which the justification is submitted to the Congress unless the
Congress, within that ninety-day period, adopts a joint resolution
disapproving the waiver. In the computation of such ninety-day period,
there shall be excluded the days on which either House of Congress is
not in session because of an adjournment of more than three days to a
day certain or because of an adjournment of the Congress sine die.
(b) Consideration of Resolutions.--
(1) Any resolution described in subsection (a) shall be
considered in the Senate in accordance with the provisions of
section 601(b) of the International Security Assistance and
Arms Export Control Act of 1976.
(2) For the purpose of expediting the consideration and
adoption of a resolution under subsection (a) in the House of
Representatives, a motion to proceed to the consideration of
such resolution after it has been reported by the appropriate
committee shall be treated as highly privileged in the House of
Representatives.
SEC. 7. DEFINITIONS AND PRESUMPTIONS.
(a) Definitions.--For the purpose of this Act--
(1) the term ``United States person'' means any United
States resident or national and any domestic concern (including
any permanent domestic establishment of any foreign concern);
(2) the term ``Secretary'' means the Secretary of Commerce;
and
(3) the term ``Northern Ireland'' includes the counties of
Antrim, Armagh, Londonderry, Down, Tyrone, and Fermanagh.
(b) Presumption.--A United States person shall be presumed to
control a corporation, partnership, or other enterprise in Northern
Ireland if--
(1) the United States person beneficially owns or controls
(whether directly or indirectly) more than 50 percent of the
outstanding voting securities of the corporation, partnership,
or enterprise;
(2) the United States person beneficially owns or controls
(whether directly or indirectly) 25 percent or more of the
voting securities of the corporation, partnership, or
enterprise, if no other person owns or controls (whether
directly or indirectly) an equal or larger percentage;
(3) the corporation, partnership, or enterprise is operated
by the United States person pursuant to the provisions of an
exclusive management contract;
(4) a majority of the members of the board of directors of
the corporation, partnership, or enterprise are also members of
the comparable governing body of the United States person;
(5) the United States person has authority to appoint the
majority of the members of the board of directors of the
corporation, partnership, or enterprise; or
(6) the United States person has authority to appoint the
chief operating officer of the corporation, partnership, or
enterprise.
SEC. 8. EFFECTIVE DATE.
This Act shall take effect 180 days after the date of enactment of
this Act. | Northern Ireland Fair Employment Practices Act of 1995 - Prohibits an article from being imported into the United States from Northern Ireland unless documentation is presented at the time of entry indicating that the enterprise which manufactured or assembled such article complied at the time of manufacture with certain fair employment principles (such as freedom from religious discrimination). Bases such principles on the MacBride Principles, a nine-point set of guidelines for fair employment in Northern Ireland.
Requires any U.S. person who has a branch or office in Northern Ireland or who controls an enterprise in Northern Ireland in which more than 20 people are employed to insure implementation of such employment principles and compliance with this Act.
Authorizes the President to waive the requirements of this Act in the interest of national security. | {"src": "billsum_train", "title": "Northern Ireland Fair Employment Practices Act of 1995"} | 2,083 | 168 | 0.589365 | 1.821418 | 0.858897 | 3.034483 | 13.406897 | 0.896552 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No One Strike Eviction Act of
2008''.
SEC. 2. REFORM OF ``ONE STRIKE'' MANDATORY EVICTION.
(a) United States Housing Act of 1937.--Section 6(k) of the United
States Housing Act of 1937 (42 U.S.C. 1437d(k)) is amended--
(1) by redesignating paragraphs (1) through (6) as
subparagraphs (A) through (F) and realigning such subparagraphs
(as so redesignated) so as to be indented 4 ems from the left
margin;
(2) by striking ``(k) The Secretary shall'' and inserting
the following:
``(k) Review of Eviction and Denials of Tenancy.--
``(1) In general.--Subject to paragraph (3), the Secretary
shall'';
(3) by striking ``For any grievance concerning'' and
inserting the following:
``(2) Expedited procedures.--Subject to paragraph (3), for
any grievance concerning''; and
(4) by adding at the end the following new paragraph:
``(3) Mitigating circumstances and innocent owner.--
``(A) Mitigating circumstances.--In determining
whether to evict a tenant, terminate a tenancy, or deny
an application for tenancy due to a criminal conviction
of the person that is the subject of a grievance, and
in any judicial review of such determination, the
public housing agency or other reviewing body shall
consider all mitigating circumstances and the impact of
the eviction, termination, or denial upon the family
and dependents of that person.
``(B) Innocent tenants.--A tenant shall not be
subject to eviction, denied a tenancy, or have a
tenancy terminated based solely upon the familial
relationship of the tenant to a person who has been
convicted of a criminal offense.''.
(b) Quality Housing and Work Responsibility Act of 1998.--
(1) Ineligibility.--Section 576 of the Quality Housing and
Work Responsibility Act of 1998 (42 U.S.C. 13661) is amended--
(A) in subsection (b)--
(i) in paragraph (1), by striking ``any
household with a member'' and inserting ``any
person''; and
(ii) in paragraph (2)--
(I) by striking ``any household''
and inserting ``any person''; and
(II) by striking ``household
member'' each place such term appears
and inserting ``person'';
(B) in subsection (c)--
(i) in the matter preceding paragraph (1)--
(I) by striking ``or any member of
the applicant's household''; and
(II) by striking ``applicant
household'' and inserting
``applicant''; and
(ii) in paragraph (2)--
(I) by striking ``or individuals in
the applicant's household''; and
(II) by striking ``have not'' and
inserting ``has not'';
(C) by redesignating subsection (d) as subsection
(e); and
(D) by inserting after subsection (d) the following
new subsection:
``(d) Review of Denial of Application.--
``(1) Review of denial.--The denial of an application under
this section shall be subject to review in accordance with the
provisions of section 6(k) of the United States Housing Act of
1937 (42 U.S.C. 1437d(k)).
``(2) Innocent applicants.--Nothing in this section shall
allow for the denial of an application based solely on the
familial relationship of an applicant to a person who has a
criminal conviction or is otherwise in violation of this
section.''.
(2) Termination of tenancy and assistance for illegal drug
users and alcohol abusers in federally assisted housing.--
Section 577 of the Quality Housing and Work Responsibility Act
of 1998 (42 U.S.C. 13662) is amended--
(A) in subsection (a), by striking ``household with
a member'' and inserting ``person'';
(B) in subsection (b)--
(i) by striking ``household based'' and
inserting ``person based'';
(ii) by striking ``by a household member''
and inserting ``by that person''; and
(iii) by striking ``such household member''
and inserting ``such person''; and
(C) by adding at the end the following:
``(c) Review of Termination of Tenancy.--The decision to terminate
the tenancy or assistance of any person under this section shall be
subject to review in accordance with the provisions of section 6(k) of
the United States Housing Act of 1937 (42 U.S.C. 1437d(k)).
``(d) Innocent Tenants.--Nothing in this section shall allow for
the termination of a tenancy or assistance to any person based solely
on the familial relationship of the tenant to a person who is in
violation of this section.''.
(c) Requirement of Intent or Knowledge of Crime Before Eviction
From or Denial of Public and Publicly Assisted Housing.--The United
States Housing Act of 1937 is amended--
(1) in each of sections 6(l)(6) and 8(o)(7)(D) (42 U.S.C.
1437d(l)(6) and 1437f(o)(7)(D)), by inserting after the first
semicolon the following: ``except that such criminal or drug-
related activity, engaged in by a member of a tenant's
household or any guest or other person under the tenant's
control, shall not be cause for termination of tenancy of the
tenant if the tenant did not know and should not have known of
the activity, or if the tenant, member of the tenant's
household, or any guest or other person under the tenant's
control was the victim of criminal activity; and''; and
(2) in section 8(d)(1)(B)(iii) (42 U.S.C.
1437f(d)(1)(B)(iii)), by inserting after the first colon the
following: ``such criminal or drug-related activity, engaged in
by a member of a tenant's household or any guest or other
person under the tenant's control, shall not be cause for
termination of tenancy of the tenant if the tenant did not know
and should not have known of the activity, or if the tenant,
member of the tenant's household, or any guest or other person
under the tenant's control was the victim of criminal activity;
and except that''. | No One Strike Eviction Act of 2008 - Amends the United States Housing Act of 1937 to revise the requirement that a public housing agency (PHA) establish administrative grievance procedures for one strike evictions of tenants from public and federally assisted housing for violent or drug-related criminal activity on or off such premises, or any activity resulting in a felony conviction.
Requires the PHA or other reviewing body, during such procedures, to consider all mitigating circumstances and the impact of such actions upon the family and dependents of that person.
Exempts a tenant from eviction or denial or termination of a tenancy based solely upon such individual's familial relationship to a person who has been convicted of a criminal offense.
Amends the Quality Housing and Work Responsibility Act of 1998 to modify tenant requirements for PHA programs or federally assisted housing to make only an individual ineligible (currently, the entire household with the individual) if such individual is an illegal drug user or alcohol abuser.
Authorizes a PHA or owner to deny criminal offenders admission to such programs or housing, but not other members of the offender's household.
Amends the United States Housing Act of 1937 to exempt a tenant in public housing or housing assisted under the voucher program or any other section 8 rental assistance program from eviction for criminal or drug-related activity engaged in by a member of a tenant's household, or any guest or other person under the tenant's control, if: (1) the tenant did not know and should not have known of the activity; or (2) the tenant, a member of the tenant's household, or any guest or other person under the tenant's control was the victim of criminal activity. | {"src": "billsum_train", "title": "To reform the provisions requiring \"one-strike\" eviction from public and federally assisted housing."} | 1,567 | 389 | 0.610125 | 1.885997 | 0.789308 | 3.898462 | 4.04 | 0.84 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Postal Service Electric Motor
Vehicle Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Postal Service delivery vehicles which operate using
gasoline have an average fuel economy of 8 to 12 miles per
gallon;
(2) the Inspector General of the United States Postal
Service recently estimated that, for each delivery vehicle
converted from gasoline to electric, the Postal Service would
save approximately $1,500 in fuel costs each year;
(3) 97 percent of Postal Service delivery routes are less
than 40 miles long; and
(4) it is in the national interest to reduce American
dependence on foreign oil and to support domestic automobile
manufacturing.
SEC. 3. REQUIREMENTS.
(a) In General.--The Postmaster General shall--
(1) during each year in the 5-year period beginning on the
date of enactment of this Act, replace at least 10 percent of
the gasoline-powered motor vehicles in the Postal fleet with
electric motor vehicles;
(2) take such measures as may be necessary to ensure that,
by the end of the 5-year period described in paragraph (1), at
least 75 percent of the Postal fleet is comprised of electric
motor vehicles; and
(3) carry out the preceding provisions of this subsection,
in coordination with local electric distribution companies, in
a manner consistent with the goals of--
(A) maintaining electric grid reliability; and
(B) minimizing charging costs of electric motor
vehicles in the Postal fleet.
(b) Buy American.--Notwithstanding any other provision of law,
electric motor vehicles acquired to carry out this Act shall be
electric motor vehicles manufactured in the United States. The
Postmaster General shall ensure that manufacturers of electric motor
vehicles so acquired solicit competitive bids for electric drive
components and storage devices from domestic manufacturers that
participate in the Department of Energy's Electric Drive Vehicle
Battery and Component Manufacturing Initiative (or successor program,
as determined by the Postmaster General in consultation with the
Secretary of Energy).
(c) Oversight.--Not later than 30 days after the end of each fiscal
year, the Postal Service shall submit to the Postal Regulatory
Commission a report that includes a detailed accounting of the
expenditures made, savings realized, and revenues received by the
Postal Service pursuant to this section. Within 90 days after receiving
a report under the preceding sentence, the Postal Regulatory Commission
shall submit to Congress a copy of such report, together with any
findings and recommendations which the Commission considers
appropriate. In addition to any information otherwise required, each
report under this subsection shall include--
(1) an assessment of how replacing gasoline-powered motor
vehicles with electric motor vehicles meets goals or objectives
established by the Postal Service for the replacement of the
Postal fleet; and
(2) the economic and environmental impact which the actions
taken by the Postal Service under subsection (a) have had,
including with respect to--
(A) projected per vehicle operating costs per mile;
(B) projected revenues from vehicle-to-grid and
other grid-related services; and
(C) emissions reduction and other environmental
benefits.
SEC. 4. DEFINITIONS.
For purposes of this Act--
(1) the term ``motor vehicle'' means any self-propelled
vehicle designed for transporting persons or property on a
street or highway;
(2) the term ``electric motor vehicle'' means a motor
vehicle powered solely by an electric motor that draws current
from rechargeable storage batteries, fuel cells, photovoltaic
arrays, or other sources of electric current;
(3) the term ``Postal fleet'' means that portion of the
Federal fleet (within the meaning of section 303(b) of the
Energy Policy Act of 1992 (42 U.S.C. 13212(b)) which is owned,
operated, leased, or otherwise controlled by or assigned to the
Postal Service and used primarily in the delivery of mail;
(4) the term ``Postal Service'' means the United States
Postal Service; and
(5) the term ``United States'', as used in a geographical
sense, includes the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, Guam, American
Samoa, the Commonwealth of the Northern Mariana Islands, and
any other Commonwealth, territory, or possession of the United
States. | Postal Service Electric Motor Vehicle Act - Directs the Postmaster General to: (1) replace at least 10% of the gasoline-powered motor vehicles in the Postal fleet with electric motor vehicles manufactured in the United States during each year in the five-year period beginning on the enactment of this Act; (2) ensure that at least 75% of the Postal fleet is comprised of such electric motor vehicles by the end of such five-year period; (3) ensure that manufacturers of such electric motor vehicles solicit competitive bids for electric drive components and storage devices from domestic manufacturers that participate in the Department of Energy's Electric Drive Vehicle Battery and Component Manufacturing Initiative (or successor program); and (4) report on expenditures made, savings realized, and revenues received by the Postal Service by implementing this Act. | {"src": "billsum_train", "title": "To provide that the delivery vehicle fleet of the United States Postal Service be replaced by electric motor vehicles."} | 918 | 166 | 0.752929 | 2.055201 | 0.741159 | 5.5 | 5.740506 | 0.955696 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Combat Illegal Logging Act of
2007''.
SEC. 2. PREVENTION OF ILLEGAL LOGGING PRACTICES.
The Lacey Act Amendments of 1981 are amended--
(1) in section 2 (16 U.S.C. 3371)--
(A) by striking subsection (f) and inserting the
following:
``(f) Plant.--
``(1) In general.--The term `plant' means any wild member
of the plant kingdom, including roots, seeds, parts, and
products thereof.
``(2) Exclusions.--The term `plant' excludes any common
food crop or cultivar that is a species not listed--
``(A) in the Convention on International Trade in
Endangered Species of Wild Fauna and Flora, done at
Washington on March 3, 1973 (27 UST 1087; TIAS 8249);
or
``(B) as an endangered or threatened species under
the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).'';
(B) in subsection (h), by inserting ``also'' after
``plants the term''; and
(C) by striking subsection (j) and inserting the
following:
``(j) Take.--The term `take' means--
``(1) to capture, kill, or collect; and
``(2) with respect to a plant, also to harvest, cut, log,
or remove.'';
(2) in section 3 (16 U.S.C. 3372)--
(A) in subsection (a)--
(i) in paragraph (2), by striking
subparagraph (B) and inserting the following:
``(B) any plant--
``(i) taken, transported, possessed, or
sold in violation of any foreign law or any law
or regulation of any State that protects plants
or that regulates--
``(I) the theft of plants;
``(II) the taking of plants from a
park, forest reserve, or other
officially protected area;
``(III) the taking of plants from
an officially designated area; or
``(IV) the taking of plants
without, or contrary to, required
authorization;
``(ii) taken, transported, or exported
without the payment of appropriate royalties,
taxes, or stumpage fees required by any foreign
law or by any law or regulation of any State;
or
``(iii) exported or transshipped in
violation of any limitation under any foreign
law or by any law or regulation of any State;
or''; and
(ii) in paragraph (3), by striking
subparagraph (B) and inserting the following:
``(B) to possess any plant--
``(i) taken, transported, possessed, or
sold in violation of any foreign law or any law
or regulation of any State that protects plants
or that regulates--
``(I) the theft of plants;
``(II) the taking of plants from a
park, forest reserve, or other
officially protected area;
``(III) the taking of plants from
an officially designated area; or
``(IV) the taking of plants
without, or contrary to, required
authorization;
``(ii) taken, transported, or exported
without the payment of appropriate royalties,
taxes, or stumpage fees required by any foreign
law or by any law or regulation of any State;
or
``(iii) exported or transshipped in
violation of any limitation under any foreign
law or by any law or regulation of any State;
or''; and
(B) by adding at the end the following:
``(f) Plant Declarations.--
``(1) In general.--Effective 180 days from the date of
enactment of this subsection, it shall be unlawful for any
person to import any plant unless the person files upon
importation where clearance is requested a declaration that
contains--
``(A) the scientific name of any plant (including
the genus and species of the plant) contained in the
importation;
``(B) a description of--
``(i) the value of the importation; and
``(ii) the quantity, including the unit of
measure, of the plant; and
``(C) the name of the country from which the plant
was taken.
``(2) Declaration relating to plant products.--Until the
date on which the Secretary promulgates a regulation under
paragraph (5), a declaration relating to a plant product
shall--
``(A) in the case in which the species of plant
used to produce the plant product that is the subject
of the importation varies, and the species used to
produce the plant product is unknown, contain the name
of each species of plant that may have been used to
produce the plant product; and
``(B) in the case in which the species of plant
used to produce the plant product that is the subject
of the importation is commonly taken from more than 1
country, and the country from which the plant was taken
and used to produce the plant product is unknown,
contain the name of each country from which the plant
may have been taken.
``(3) Review.--Not later than 2 years after the date of
enactment of this subsection, the Secretary shall review the
implementation of each requirement described in paragraphs (1)
and (2).
``(4) Report.--
``(A) In general.--Not later than 180 days after
the date on which the Secretary completes the review
under paragraph (3), the Secretary shall submit to the
appropriate committees of Congress a report
containing--
``(i) an evaluation of--
``(I) the effectiveness of each
type of information required under
paragraphs (1) and (2) in assisting
enforcement of section 3; and
``(II) the potential to harmonize
each requirement described in
paragraphs (1) and (2) with other
applicable import regulations in
existence as of the date of the report;
``(ii) recommendations for such legislation
as the Secretary determines to be appropriate
to assist in the identification of plants that
are imported into the United States in
violation of section 3; and
``(iii) an analysis of the effect of the
provisions of subsection (a) and (f) on--
``(I) the cost of legal plant
imports; and
``(II) the extent and methodology
of illegal logging practices and
trafficking.
``(B) Public participation.--In conducting the
review under paragraph (3), the Secretary shall provide
public notice and an opportunity for comment.
``(5) Promulgation of regulations.--Not later than 180 days
after the date on which the Secretary completes the review
under paragraph (3), the Secretary may promulgate regulations--
``(A) to limit the applicability of any requirement
described in paragraph (2) to specific plant products;
and
``(B) to make any other necessary modification to
any requirement described in paragraph (2), as
determined by the Secretary based on the review under
paragraph (3).''; and
(3) in section 7(a)(1) (16 U.S.C. 3376(a)(1)), by striking
``section 4'' and inserting ``section 3(f), section 4,''. | Combat Illegal Logging Act of 2007 - Amends the Lacey Act Amendments of 1981 to redefine the term "plant" to include products of plants and to exclude any common food crop or cultivar that is a species not listed: (1) in the Convention on International Trade in Endangered Species of Wild Fauna and Flora; or (2) as an endangered or threatened species under the Endangered Species Act of 1973. Redefines the term "take" to include harvesting, cutting, logging, or removing a plant.
Makes it unlawful to import, export, transport, sell, receive, acquire, possess, or purchase in interstate or foreign commerce plants: (1) taken, transported, possessed, or sold in violation of specified foreign or state law; (2) taken, transported, or exported without the payment of royalties, taxes, or stumpage fees required by foreign or state law; or (3) exported or transshipped in violation of any limitation under foreign or state law.
Makes it unlawful to import plants unless the importer files, when clearance is requested, a declaration that contains: (1) the scientific name of any plant contained in the importation; and (2) a description of the value of the importation, the quantity of the plant, and the name of the country from which the plant was taken. Sets forth requirements concerning the contents of a declaration. Authorizes the Secretary of the Interior to promulgate regulations to limit the applicability of, or to modify, declaration requirements. | {"src": "billsum_train", "title": "A bill to amend the Lacey Act Amendments of 1981 to prevent illegal logging practices, and for other purposes."} | 1,609 | 325 | 0.616757 | 1.812754 | 0.832082 | 3.241379 | 5.389655 | 0.868966 |
SECTION 1. DEFINITION.
For the purposes of this Act, the term ``Cape Fox Corporation''
means the Cape Fox Corporation, an Alaska Native village corporation
organized pursuant to the Alaska Native Claims Settlement Act (43
U.S.C. 1601 and following) by the native village of Kassan.
SEC. 2. CONVEYANCE AND ELIGIBILITY OF CERTAIN LANDS TO CAPE FOX
CORPORATION.
(a) Lands Within 6-Mile Radius of Ketchikan.--The following
described lands located near Ketchikan, Alaska, shall be treated as
lands selected under section 16 of the Alaska Native Claims Settlement
Act (43 U.S.C. 1615) by the Cape Fox Corporation, and the Secretary of
the Interior shall, within 90 days after the date of the enactment of
this Act and subject to valid existing rights, transfer such lands
under the terms and conditions of the Alaska Native Claims Settlement
Act, notwithstanding section 22(l) of that Act (43 U.S.C. 1621(l)), to
the Cape Fox Corporation:
T. 74 S., R. 91 E. C.R.M.
Section 21 SW\1/4\SW\1/4\.
Section 28 W\1/2\W\1/2\.
(b) Expansion of Land Selection Area.--In addition to lands made
available for selection under the Alaska Native Claims Settlement Act
(43 U.S.C. 1601 et seq.), the following described lands, other than any
of such lands conveyed to or selected by the State of Alaska under
Public Law 85-508 (commonly known as the ``Alaska Statehood Act'',
approved July 7, 1958 (72 Stat. 339, 48 U.S.C. note prec. 21), shall be
eligible for selection by the Cape Fox Corporation for the 24-month
period beginning on the date of the enactment of this Act:
T. 73 S., R. 90 E. C.R.M.
Sections 13, 14, 23, 24, 25, 26, 27, 34, 35, 36.
T. 73 S., R. 91 E. C.R.M.
Sections 19, 20, 29, 30, 31, 32.
(c) Directed Conveyance of a 1,040-Acre Parcel.--The following
described lands located near Ketchikan, Alaska, other than any of such
lands conveyed to or selected by the State of Alaska under Public Law
85-508 (commonly known as the ``Alaska Statehood Act'', approved July
7, 1958 (72 Stat. 339, 48 U.S.C. note prec. 21), shall be treated as
lands selected under section 16 of the Alaska Native Claims Settlement
Act (43 U.S.C. 1615) by the Cape Fox Corporation, an Alaska Native
village corporation, and the Secretary of the Interior shall, within 90
days after the date of the enactment of this Act and subject to valid
existing rights, transfer such lands under the terms and conditions of
the Alaska Native Claims Settlement Act to the Cape Fox Corporation:
T. 73 S., R. 90 E. C.R.M.
Section 24 E\1/2\E\1/2\.
Section 25 NE\1/4\.
T. 73 S., R. 91 E. C.R.M.
Section 19 SE\1/4\, SE\1/4\SW\1/4\, W\1/2\W\1/2\.
Section 29 E\1/2\SW\1/4\, W\1/2\W\1/2\.
Section 30 N\1/2\NE\1/4\.
Section 32 E\1/2\NW\1/4\, NW\1/4\NW\1/4\.
SEC. 3. WAIVER OF CORE TOWNSHIP REQUIREMENT FOR CERTAIN NON-PRODUCTIVE
LANDS.
The Cape Fox Corporation shall not be required to select up to 200
nonproductive acres of lands within the township in which Cape Fox
Corporation is located, notwithstanding the provisions of section 16(b)
of the Alaska Native Claims Settlement Act (43 U.S.C. 1615(b)) relating
to the selection of lands in the township or townships in which all or
part of a Native village is located.
SEC. 4. CREDIT FOR RECONVEYANCE OF BEAVER FALLS HYDROPROJECT POWERHOUSE
SITE.
Within 24 months after the date of the enactment of this Act, the
Cape Fox Corporation may transfer all or part of its right, title, and
interest in and to the approximately 320-acre parcel that includes
Beaver Falls Hydroelectric power-house site to the United States. In
exchange for the transfer, the acreage entitlement of the Cape Fox
Corporation shall be credited in the amount of the number of acres
returned to the United States under this section.
SEC. 5. AVAILABILITY OF CERTAIN PARCELS FOR HOMESITE PROGRAM.
(a) In General.--The lands described in subsection (b), other than
any of such lands conveyed to or selected by the State of Alaska under
Public Law 85-508 (commonly known as the ``Alaska Statehood Act'',
approved July 7, 1958 (72 Stat. 339, 48 U.S.C. note prec. 21), shall be
available to the Cape Fox Corporation for its homesite program under
section 21(j) of the Alaska Native Claims Settlement Act (43 U.S.C.
1620(j)). The Secretary shall transfer to the Cape Fox Corporation such
portions of the lands as the Cape Fox Corporation requires.
(b) Lands Described.--The lands described in this section are the
following lands:
T. 77 S., R. 91 E. C.R.M.
Section 5 S\1/2\SW\1/4\.
Section 6 E\1/2\SE\1/4\.
Section 31 S\1/2\NE\1/4\.
SEC. 6. LIMITATION.
(a) No Change in Aggregate Entitlement.--Lands may not be
transferred under this Act to the extent that the transfer of such
lands would result in the Cape Fox Corporation acquiring a total amount
of land under this Act and the Alaska Native Claims Settlement Act in
excess of the amount of land to which the Cape Fox Corporation is
entitled pursuant to the Alaska Native Claims Settlement Act as
modified by sections 2 and 4 of this Act.
(b) Relinquishment.--A relinquishment of lands by Cape Fox
Corporation under this Act relinquishes the rights of Sealaska
Corporation to the subsurface rights to such lands, and Sealaska
Corporation is entitled to the subsurface rights in any lands
subsequently selected by Cape Fox Corporation to the extent and in the
same manner as provided in the Alaska Native Claims Settlement Act. | Provides for the conveyance of lands located near Ketchikan, Alaska, to the Cape Fox Corporation (Cape Fox). Makes certain lands eligible for selection by Cape Fox for a 24-month period. Provides for the direct conveyance of a certain parcel of land.
Waives the core township requirement for certain non-productive lands.
Allows Cape Fox to be credited for reconveyance of a certain parcel of land that includes the Beaver Falls Hydroelectric power-house site. Makes available certain parcels of land to Cape Fox for its homesite program. | {"src": "billsum_train", "title": "To resolve certain conveyances under the Alaska Native Claims Settlement Act related to Cape Fox Corporation, and for other purposes."} | 1,542 | 126 | 0.50601 | 1.676626 | 0.492317 | 3.180952 | 10.92381 | 0.914286 |
SECTION 1. EXEMPTION FOR CERTAIN STATE AND LOCAL POLITICAL COMMITTEES
FROM NOTIFICATION REQUIREMENTS.
(a) Exemption From Notification Requirements.--Paragraph (5) of
section 527(i) of the Internal Revenue Code of 1986 (relating to
organizations must notify Secretary that they are section 527
organizations) is amended by striking ``or'' at the end of subparagraph
(A), by striking the period at the end of subparagraph (B) and
inserting ``, or'', and by adding at the end the following:
``(C) which is a political committee of a State or
local candidate or which is a State or local committee
of a political party.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if included in the amendments made by Public Law 106-
230.
SEC. 2. EXEMPTION FOR CERTAIN STATE AND LOCAL POLITICAL COMMITTEES FROM
REPORTING AND ANNUAL RETURN REQUIREMENTS.
(a) In General.--Section 527(j)(5) of the Internal Revenue Code of
1986 (relating to coordination with other requirements) is amended by
striking ``or'' at the end of subparagraph (D), by redesignating
subparagraphs (C), (D), and (E) as subparagraphs (D), (E), and (F),
respectively, and by inserting after subparagraph (B) the following new
subparagraph:
``(C) to any organization which is an exempt State
or local political organization,''.
(b) Exempt State or Local Political Organization.--Subsection (e)
of section 527 of the Internal Revenue Code of 1986 (relating to other
definitions) is amended by adding at the end the following new
paragraph:
``(5) Exempt state or local political organization.--
``(A) In general.--The term `exempt State or local
political organization' means a political organization
which--
``(i) does not engage in any exempt
function other than solely for the purposes of
influencing or attempting to influence the
selection, nomination, election, or appointment
of any individual to any State or local public
office or office in a State or local political
organization,
``(ii) is subject to State requirements to
report (and it so reports)--
``(I) information regarding each
separate expenditure from and
contribution to, such organization, and
``(II) information regarding the
person who makes such contribution or
receives such expenditure,
which would otherwise be required to be
reported under this section, and
``(iii) with respect to which the reports
referred to in clause (ii) are made public by
the agency with which such reports are filed
and are publicly available for inspection in a
manner similar to that required by section
6104(d)(1).
``(B) Certain failures disregarded.--An
organization shall not be treated as failing to meet
the requirements of subparagraph (A)(ii) solely by
reason of 1 or more of the following:
``(i) The minimum amount of any expenditure
or contribution required to be reported under
State law is not more than $300 greater than
the minimum amount required to be reported
under subsection (j).
``(ii) The State law does not require the
organization to identify 1 or more of the
following:
``(I) The employer of any person
who makes contributions to the
organization.
``(II) The occupation of any person
who makes contributions to the
organization.
``(III) The employer of any person
who receives expenditures from the
organization.
``(IV) The occupation of any person
who receives expenditures from the
organization.
``(V) The purpose of any
expenditure of the organization.
``(iii) The organization makes de minimis
errors in complying with State law requirements
as long as the organization corrects the errors
within a reasonable period after being notified
of such errors.
``(C) Participation of federal candidate or office
holder.--The term `exempt State or local political
organization' shall not include any organization
otherwise described in subparagraph (A) if a candidate
for nomination or election to Federal public office or
an individual who holds such office--
``(i) controls or materially participates
in the direction of the organization,
``(ii) solicits contributions to the
organization, or
``(iii) directs, in whole or in part,
disbursements by the organization.''.
(c) Annual Return Requirements.--
(1) Income tax returns required only for political
organization taxable income.--Paragraph (6) of section 6012(a)
of the Internal Revenue Code of 1986 (relating to persons
required to make returns of income) is amended by striking ``or
which has'' and all that follows through ``section)''.
(2) Information returns.--Subsection (g) of section 6033 of
such Code (relating to returns required by political
organizations) is amended--
(A) by striking ``political organization required
to file a return under section 6012(a)(6)'' and
inserting ``political organization (with the meaning of
section 527, other than a political committee of a
State or local candidate) which has gross receipts of
$25,000 or more for the taxable year'', and
(B) by adding at the end the following new
sentence:
``In the case of an exempt State or local political organization
(as defined in section 527(e)(5)), the preceding sentence shall be
applied by substituting `$100,000' for `$25,000'.''.
(3) Authorization to modify information returns.--The
Secretary shall review for possible modification the annual
return required under section 6033(g) of the Internal Revenue
Code of 1986.
(d) Effective Date.--The amendments made by this section shall take
effect as if included in the amendments made by Public Law 106-230.
SEC. 3. NOTIFICATION OF INTERACTION OF REPORTING REQUIREMENTS.
(a) In General.--The Secretary of the Treasury, in consultation
with the Federal Election Commission, shall publicize--
(1) the effect of the amendments made by this Act, and
(2) the interaction of requirements to file a notification
or report under section 527 of the Internal Revenue Code of
1986 and reports under the Federal Election Campaign Act of
1971.
(b) Information.--Information provided under subsection (a) shall
be included in any appropriate form, instruction, notice, or other
guidance issued to the public by the Secretary of the Treasury or the
Federal Election Commission regarding reporting requirements of
political organizations (as defined in section 527 of the Internal
Revenue Code of 1986) or reporting requirements under the Federal
Election Campaign Act of 1971.
SEC. 4. WAIVER OF PENALTIES.
(a) Waiver of Filing Penalties.--Section 527 of the Internal
Revenue Code of 1986 is amended by adding at the end the following:
``(k) Authority To Waive.--The Secretary may waive all or any
portion of the--
``(1) tax assessed on an organization by reason of the
failure of the organization to give notice under subsection
(i), or
``(2) penalty imposed under subsection (j) for a failure to
file a report,
on a showing that such failure was due to reasonable cause and not due
to willful neglect.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to any tax assessed or penalty imposed after June 30, 2000.
SEC. 5. TECHNICAL CORRECTIONS TO SECTION 527 ORGANIZATION DISCLOSURE
PROVISIONS.
(a) Unsegregated Funds Not To Avoid Tax.--Paragraph (4) of section
527(i) of the Internal Revenue Code of 1986 (relating to failure to
notify) is amended by adding at the end the following new sentence:
``For purposes of the preceding sentence, the term `exempt function
income' means any amount described in a subparagraph of subsection
(c)(3), whether or not segregated for use for an exempt function.''.
(b) Procedures for Assessment and Collection of Penalty.--Paragraph
(1) of section 527(j) of the Internal Revenue Code of 1986 (relating to
required disclosure of expenditures and contributions) is amended by
adding at the end the following new sentence: ``For purposes of
subtitle F, the penalty imposed by this paragraph shall be assessed and
collected in the same manner as penalties imposed by section
6652(c).''.
(c) Duplicate Written Filings Not Required.--
(1) Subparagraph (A) of section 527(i)(1) of the Internal
Revenue Code of 1986 is amended by striking ``, electronically
and in writing,'' and inserting ``electronically''.
(2) Subsection (i) of section 527 of such Code is amended
by adding at the end the following new paragraph:
``(7) Electronic filing.--The Secretary shall develop
procedures for submission in electronic form of notices
required to be filed under this subsection and reports required
to be filed under subsection (j).''.
(d) Application of Fraud Penalty.--Section 7207 of the Internal
Revenue Code of 1986 (relating to fraudulent returns, statements, and
other documents) is amended by striking ``pursuant to subsection (b) of
section 6047 or pursuant to subsection (d) of section 6104'' and
inserting ``pursuant to section 6047(b), section 6104(d), or subsection
(i) or (j) of section 527''.
(e) Contents of Report.--Section 527(j)(3) of the Internal Revenue
Code of 1986 (relating to contents of report) is amended--
(1) by inserting ``, date, and purpose'' after ``The
amount'' in subparagraph (A), and
(2) by inserting ``and date'' after ``the amount'' in
subparagraph (B).
(f) Contents of Notice.--Section 527(i)(3) of the Internal Revenue
Code of 1986 (relating to contents of notice) is amended by striking
``and'' at the end of subparagraph (D), by redesignating subparagraph
(E) as subparagraph (F), and by inserting after subparagraph (D) the
following new subparagraph:
``(E) whether the organization intends to claim an
exemption from the requirements of subsection (j) or
section 6033, and''.
(g) Timing of Notices.--Section 527(i)(2) of the Internal Revenue
Code of 1986 (relating to time to give notice) is amended by inserting
``or, in the case of any material change in the information required
under paragraph (3), not later than 30 days after such material
change'' after ``established''.
(h) Effective Dates.--
(1) Subsections (a) and (b).--The amendments made by
subsections (a) and (b) shall apply to failures occurring on or
after the date of the enactment of this Act.
(2) Subsection (c).--The amendments made by subsection (c)
shall take effect as if included in the amendments made by
Public Law 106-230.
(3) Subsections (d), (e), and (f).--The amendments made by
subsections (d), (e), and (f) shall apply to reports or notices
filed on or after the date of the enactment of this Act.
(4) Subsection (g).--The amendments made by subsection (g)
shall apply to material changes on or after the date of the
enactment of this Act. | Amends the Internal Revenue Code to exempt State and local committees of candidates and of political parties from specified notification requirements. Exempts certain "exempt State or local political organizations" from specified reporting requirements. Defines "exempt State and local political organizations."Modifies characteristics of political organizations obligated to complete an informational return, such that specified political organizations with $25,000 or more in annual gross receipts must file, as well as "exempt state and local political organizations" with annual gross receipts of $100,000 or more. Directs the Secretary of the Treasury to review the components of such returns. Authorizes the Secretary to waive certain penalties for notification and reporting violations.Obligates political organizations to inform the Secretary whether they plan to seek exemptions from financial or informational returns. | {"src": "billsum_train", "title": "A bill to amend section 527 of the Internal Revenue Code of 1986 to eliminate notification and return requirements for State and local political committees and candidate committees and avoid duplicate reporting by certain State and local political committees of information required to be reported and made publicly available under State law, and for other purposes."} | 2,648 | 167 | 0.518057 | 1.33443 | 0.790112 | 1.65493 | 16.584507 | 0.795775 |
SECTION 1. GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF TRANSACTIONS
BETWEEN LARGE FINANCIAL COMPANIES AND THE FEDERAL
GOVERNMENT.
(a) Definitions.--For purposes of this Act--
(1) the term ``covered institution'' means any bank holding
company having more than $500,000,000,000 in consolidated
assets; and
(2) the term ``economic benefit'' means the difference
between actual loans terms offered, debt or equity prices, or
asset values and a reasonable estimate of what such terms,
prices, or values might have been, as determined by examining
actual values of comparable transaction in the private markets
or by estimating the values of comparable transactions priced
to properly reflect associated risk.
(b) GAO Study.--The Comptroller General of the United States (in
this section referred to as the ``Comptroller'') shall conduct a study
of covered institutions, such as--
(1) the favorable pricing of the debt of such institutions,
relative to their risk profile resulting from the perception
that such institutions will receive Government support in the
event of any financial stress;
(2) any favorable funding or economic treatment resulting
from an increase in the credit rating for covered institutions,
as a result of express, implied, or perceived Government
support;
(3) any economic benefit to covered institutions resulting
from the ownership of, or affiliation with, an insured
depository institution;
(4) any economic benefit resulting from the status of
covered institutions as a bank holding company, including
access to Federal deposit insurance and the discount window of
the Board of Governors of the Federal Reserve System before the
date of enactment of this Act;
(5) any economic benefit received through extraordinary
Government actions taken, such as--
(A) actions by the Department of the Treasury--
(i) under the Emergency Economic
Stabilization Act, such as--
(I) asset purchases by the United
States Government;
(II) capital injections from the
United States Government; or
(III) housing programs; or
(ii) by the purchase of the mortgage backed
securities of the Federal National Mortgage
Association and the Federal Home Loan Mortgage
Corporation (in this Act referred to as
``government-sponsored enterprises''), in order
to lower interest rates, and the value of such
securities in the absence of such purchases;
(B) actions by the Board of Governors of the
Federal Reserve System prior to the date of enactment
of this Act, such as--
(i) providing loans to financial
institutions through the Term Auction Facility;
and
(ii) assistance through programs under
section 13(3) of the Federal Reserve Act prior
to the date of enactment of this Act, such as--
(I) lending through the Commercial
Paper Funding Facility;
(II) securities lending to primary
dealers through the Primary Dealer
Credit Facility and the Term Securities
Lending Facility;
(III) lending to institutions
through the Term Asset-Backed
Securities Loan Facility; or
(IV) purchasing assets through the
Maiden Lane facility; and
(C) actions by the Federal Deposit Insurance
Corporation, such as--
(i) guaranteeing debt or deposits through
the Temporary Liquidity Guarantee Program; or
(ii) pricing of assessments related to any
such guarantees; and
(6) any extraordinary assistance provided to American
Insurance Group, but ultimately received by one of the covered
institutions; and
(7) any Government actions that resulted in the payment or
nonpayment of credit default swap contracts entered into by a
covered institution.
SEC. 2. REPORT TO CONGRESS.
Not later than 1 year after the date of enactment of this Act, the
Comptroller shall submit a report to Congress detailing the findings of
the Comptroller in the study conducted under this Act. Such report
shall be made electronically available to the public, except that any
proprietary, sensitive, or confidential information shall be redacted
in any release to the public.
SEC. 3. RULE OF CONSTRUCTION.
Nothing in this Act may be construed to provide authority
inconsistent with, or to otherwise affect, section 714 of title 31
United States Code.
Passed the Senate December 21, 2012.
Attest:
NANCY ERICKSON,
Secretary. | (Sec. 1) Directs the Comptroller General to study any bank holding company having more than $500 billion in consolidated assets (covered institution) with respect to:
favorable pricing of its debt relative to its risk profile resulting from the perception it will receive federal support in the event of any financial stress; any favorable funding or economic treatment resulting from an increase in its credit rating as a result of express, implied, or perceived federal support; any economic benefit resulting from the ownership of, or affiliation with, an insured depository institution; any economic benefit resulting from its status as a bank holding company, including access to federal deposit insurance and the discount window of the Board of Governors of the Federal Reserve System (Federal Reserve Board) before enactment of this Act; any economic benefit received through extraordinary federal actions taken, such as specified actions by the Department of the Treasury, the Federal Reserve Board, and the Federal Deposit Insurance Corporation (FDIC); any extraordinary assistance provided to American Insurance Group (AIG), but ultimately received by one of the covered institutions; and any government actions that resulted in the payment or nonpayment of credit default swap contracts entered into by a covered institution. Defines "economic benefit" as the difference between actual loan terms offered, debt or equity prices, or asset values and a reasonable estimate of what such terms, prices, or values might have been as determined by examining actual values of comparable transactions in the private markets or by estimating the values of comparable transactions priced to properly reflect associated risk.
(Sec. 2) Requires the resulting report to Congress to redact any proprietary, sensitive, or confidential information in any release subsequently made electronically available to the public. | {"src": "billsum_train", "title": "A bill to require a Government Accountability Office examination of transactions between large financial institutions and the Federal Government, and for other purposes."} | 903 | 363 | 0.730351 | 2.369429 | 0.853336 | 5.273556 | 2.632219 | 0.93921 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strategic Petroleum Reserve Reform
Act''.
SEC. 2. USE OF UNDERUSED STRATEGIC PETROLEUM RESERVE FACILITIES.
(a) In General.--Section 168 of the Energy Policy and Conservation
Act (42 U.S.C. 6247a) is amended to read as follows:
``SEC. 168. USE OF UNDERUSED FACILITIES.
``(a) Leasing of Facilities.--
``(1) In general.--Notwithstanding any other provision of
this title, the Secretary may establish a program (referred to
in this section as the `program') under which the Secretary may
lease underused storage facilities and related facilities of
the Strategic Petroleum Reserve to--
``(A) private entities; and
``(B) foreign governments.
``(2) Exclusion from strategic petroleum reserve.--
Petroleum products stored in a storage facility or related
facility leased under the program shall not be part of the
Strategic Petroleum Reserve.
``(b) Protection of Facilities.--Each lease entered into under the
program shall contain provisions requiring the lessee to pay fees to
fully compensate the United States for all costs relating to the
storage and removal of petroleum products (including the proportionate
cost of any replacement facility necessitated as a result of any
withdrawal) incurred by the United States as a result of the lease.
``(c) Access to Petroleum Products by the United States.--The
Secretary shall ensure that each lease entered into under the program
shall not impair the ability of the United States to withdraw,
distribute, or sell petroleum products from the Strategic Petroleum
Reserve in response to--
``(1) an energy emergency; or
``(2) the obligations of the United States under the
international energy program.
``(d) National Security.--The Secretary shall ensure that any lease
entered into under the program with a foreign government shall not
impair national security.
``(e) Deposits of Amounts Received.--
``(1) In general.--Except as provided in paragraph (2),
amounts received from a lease entered into under the program
shall be deposited in the general fund of the Treasury during
the fiscal year in which the amounts are received.
``(2) Payment of costs.--
``(A) In general.--Except as provided in
subparagraph (B), the Secretary, without further
appropriation, may use amounts received from a lease
entered into under the program for the costs described
in subsection (b).
``(B) Exception.--The Secretary may not use amounts
received from a lease entered into under the program
for any cost described in subsection (f).
``(f) Preparation of Facilities.--The Secretary may use amounts
available in the Energy Security and Infrastructure Modernization Fund
established by section 404 of the Bipartisan Budget Act of 2015 (42
U.S.C. 6239 note; Public Law 114-74) for costs described in subsection
(b) that relate to the addition of a facility or changes to a facility
or facility operations necessary to lease the facility, including costs
relating to--
``(1) the acquisition of land;
``(2) the acquisition of any ancillary facility or
equipment;
``(3) site development; and
``(4) other necessary costs relating to capital
improvement.''.
(b) Conforming Amendment.--The table of contents for the Energy
Policy and Conservation Act (42 U.S.C. prec. 6201) is amended by
striking the item relating to section 168 and inserting the following:
``Sec. 168. Use of underused facilities.''.
SEC. 3. PILOT PROGRAM TO LEASE STRATEGIC PETROLEUM RESERVE FACILITIES.
(a) In General.--Part B of title I of the Energy Policy and
Conservation Act (42 U.S.C. 6231 et seq.) is amended by adding at the
end the following:
``SEC. 170. PILOT PROGRAM TO LEASE STORAGE AND RELATED FACILITIES.
``(a) Establishment.--Not later than 180 days after the date of
enactment of the Strategic Petroleum Reserve Reform Act, as part of the
program established under section 168, the Secretary shall establish a
pilot program (referred to in this section as the `pilot program') to
make available for lease--
``(1) capacity for storage of not more than 200,000,000
barrels of petroleum products at storage facilities of the
Strategic Petroleum Reserve; and
``(2) related facilities.
``(b) Contents.--In carrying out the pilot program, the Secretary
shall--
``(1) identify appropriate storage facilities and related
facilities of the Strategic Petroleum Reserve to lease, to make
maximum use of those facilities;
``(2) identify and implement any changes to facilities or
facility operations necessary to lease the facilities
identified under paragraph (1), including any changes necessary
to ensure the long-term structural viability and use of the
facilities for purposes of this part and part C;
``(3) make the facilities identified under paragraph (1)
available for lease; and
``(4) identify environmental effects, including benefits,
of leasing storage facilities and related facilities of the
Strategic Petroleum Reserve.
``(c) Report.--Not later than 1 year after the date of enactment of
the Strategic Petroleum Reserve Reform Act, the Secretary shall submit
to Congress a report describing the status of the pilot program.''.
(b) Conforming Amendment.--The table of contents for the Energy
Policy and Conservation Act (42 U.S.C. prec. 6201) is amended by adding
at the end of the items relating to part B of title I the following:
``Sec. 170. Pilot program to lease storage and related facilities.''. | Strategic Petroleum Reserve Reform Act This bill amends the Energy Policy and Conservation Act to authorize the Department of Energy (DOE)to lease underutilized Strategic Petroleum Reserve storage facilities to private entities. Currently, DOE may only lease these storage facilities to foreign governments. DOE must conduct a pilot program to lease underutilized storage facilities. The program must make available capacity for storage of up to 200 million barrels of petroleum products. | {"src": "billsum_train", "title": "Strategic Petroleum Reserve Reform Act"} | 1,300 | 88 | 0.550854 | 1.247157 | 0.728874 | 2.051948 | 15.116883 | 0.753247 |
SECTION 1. EXTENSION AND MODIFICATION OF RENEWABLE ENERGY PRODUCTION
TAX CREDIT.
(a) Extension of Credit.--Each of the following provisions of
section 45(d) (relating to qualified facilities) is amended by striking
``January 1, 2009'' and inserting ``January 1, 2014'':
(1) Paragraph (1).
(2) Clauses (i) and (ii) of paragraph (2)(A).
(3) Clauses (i)(I) and (ii) of paragraph (3)(A).
(4) Paragraph (4).
(5) Paragraph (5).
(6) Paragraph (6).
(7) Paragraph (7).
(8) Paragraph (8).
(9) Subparagraphs (A) and (B) of paragraph (9).
(b) Production Credit for Electricity Produced From Marine
Renewables.--
(1) In general.--Paragraph (1) of section 45(c) (relating
to resources) is amended by striking ``and'' at the end of
subparagraph (G), by striking the period at the end of
subparagraph (H) and inserting ``, and'', and by adding at the
end the following new subparagraph:
``(I) marine and hydrokinetic renewable energy.''.
(2) Marine renewables.--Subsection (c) of section 45 is
amended by adding at the end the following new paragraph:
``(10) Marine and hydrokinetic renewable energy.--
``(A) In general.--The term `marine and
hydrokinetic renewable energy' means energy derived
from--
``(i) waves, tides, and currents in oceans,
estuaries, and tidal areas,
``(ii) free flowing water in rivers, lakes,
and streams,
``(iii) free flowing water in an irrigation
system, canal, or other man-made channel,
including projects that utilize nonmechanical
structures to accelerate the flow of water for
electric power production purposes, or
``(iv) differentials in ocean temperature
(ocean thermal energy conversion).
``(B) Exceptions.--Such term shall not include any
energy which is derived from any source which utilizes
a dam, diversionary structure (except as provided in
subparagraph (A)(iii)), or impoundment for electric
power production purposes.''.
(3) Definition of facility.--Subsection (d) of section 45
is amended by adding at the end the following new paragraph:
``(11) Marine and hydrokinetic renewable energy
facilities.--In the case of a facility producing electricity
from marine and hydrokinetic renewable energy, the term
`qualified facility' means any facility owned by the taxpayer--
``(A) which has a nameplate capacity rating of at
least 150 kilowatts, and
``(B) which is originally placed in service on or
after the date of the enactment of this paragraph and
before January 1, 2010.''.
(4) Credit rate.--Subparagraph (A) of section 45(b)(4) is
amended by striking ``or (9)'' and inserting ``(9), or (11)''.
(5) Coordination with small irrigation power.--Paragraph
(5) of section 45(d), as amended by subsection (a), is amended
by striking ``January 1, 2013'' and inserting ``the date of the
enactment of paragraph (11)''.
(c) Sales of Electricity to Regulated Public Utilities Treated as
Sales to Unrelated Persons.--Section 45(e)(4) (relating to related
persons) is amended by adding at the end the following new sentence:
``A taxpayer shall be treated as selling electricity to an unrelated
person if such electricity is sold to a regulated public utility (as
defined in section 7701(a)(33).''.
(d) Trash Facility Clarification.--Paragraph (7) of section 45(d)
is amended--
(1) by striking ``facility which burns'' and inserting
``facility (other than a facility described in paragraph (6))
which uses'', and
(2) by striking ``combustion'' in the heading thereof.
(e) Effective Dates.--
(1) Extension.--The amendments made by subsection (a) shall
apply to property originally placed in service after December
31, 2008.
(2) Modifications.--The amendments made by subsections (b)
and (c) shall apply to electricity produced and sold after the
date of the enactment of this Act, in taxable years ending
after such date.
(3) Trash facility clarification.--The amendments made by
subsection (d) shall apply to electricity produced and sold
before, on, or after December 31, 2007.
SEC. 2. EXTENSION AND MODIFICATION OF SOLAR ENERGY AND FUEL CELL
INVESTMENT TAX CREDIT.
(a) Extension of Credit.--
(1) Solar energy property.--Paragraphs (2)(A)(i)(II) and
(3)(A)(ii) of section 48(a) (relating to energy credit) are
each amended by striking ``January 1, 2009'' and inserting
``January 1, 2018''.
(2) Fuel cell property.--Subparagraph (E) of section
48(c)(1) (relating to qualified fuel cell property) is amended
by striking ``December 31, 2008'' and inserting ``December 31,
2017''.
(3) Qualified microturbine property.--Subparagraph (E) of
section 48(c)(2) (relating to qualified microturbine property)
is amended by striking ``December 31, 2008'' and inserting
``December 31, 2017''.
(b) Allowance of Energy Credit Against Alternative Minimum Tax.--
Subparagraph (B) of section 38(c)(4) (relating to specified credits) is
amended by striking ``and'' at the end of clause (iii), by striking the
period at the end of clause (iv) and inserting ``, and'', and by adding
at the end the following new clause:
``(v) the credit determined under section
46 to the extent that such credit is
attributable to the energy credit determined
under section 48.''.
(c) Repeal of Dollar Per Kilowatt Limitation for Fuel Cell
Property.--
(1) In general.--Section 48(c)(1) (relating to qualified
fuel cell), as amended by subsection (a)(2), is amended by
striking subparagraph (B) and by redesignating subparagraphs
(C), (D), and (E) as subparagraphs (B), (C), and (D),
respectively.
(2) Conforming amendment.--Section 48(a)(1) is amended by
striking ``paragraphs (1)(B) and (2)(B) of subsection (c)'' and
inserting ``subsection (c)(2)(B)''.
(d) Public Electric Utility Property Taken Into Account.--
(1) In general.--Paragraph (3) of section 48(a) is amended
by striking the second sentence thereof.
(2) Conforming amendments.--
(A) Paragraph (1) of section 48(c), as amended by
this section, is amended by striking subparagraph (C)
and redesignating subparagraph (D) as subparagraph (C).
(B) Paragraph (2) of section 48(c), as amended by
subsection (a)(3), is amended by striking subparagraph
(D) and redesignating subparagraph (E) as subparagraph
(D).
(e) Effective Dates.--
(1) Extension.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act.
(2) Allowance against alternative minimum tax.--The
amendments made by subsection (b) shall apply to credits
determined under section 46 of the Internal Revenue Code of
1986 in taxable years beginning after the date of the enactment
of this Act and to carrybacks of such credits.
(3) Fuel cell property and public electric utility
property.--The amendments made by subsections (c) and (d) shall
apply to periods after the date of the enactment of this Act,
in taxable years ending after such date, under rules similar to
the rules of section 48(m) of the Internal Revenue Code of 1986
(as in effect on the day before the date of the enactment of
the Revenue Reconciliation Act of 1990). | Amends the Internal Revenue Code to: (1) extend through 2013 the tax credit for producing electricity from wind, open and closed-loop biomass, geothermal or solar energy, small irrigation power, landfill gas, trash combustion, refined coal, and hydropower facilities; (2) include marine and hydrokinetic renewable energy as a resource eligible for such credit; (3) extend through 2017 the investment tax credit for solar, fuel cell, and microturbine property; (4) repeal the dollar per kilowatt limitation for fuel cell property for purposes of the investment tax credit; and (5) allow public utility property to qualify for the investment tax credit. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to extend and modify the renewable energy production tax credit and the solar energy and fuel cell investment tax credit."} | 1,900 | 132 | 0.480059 | 1.256186 | 0.575459 | 1.992 | 13.2 | 0.808 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Growth Act of 2009''.
SEC. 2. EXPENSING FOR CERTAIN REAL PROPERTY.
(a) In General.--Part VI of subchapter B of chapter 1 is amended by
inserting after section 179E the following new section:
``SEC. 179F. ELECTION TO EXPENSE CERTAIN REAL PROPERTY.
``(a) Treatment as Expenses.--In the case of a taxpayer described
in subsection (e), the taxpayer may elect to treat the cost of any
qualified real property as an expense which is not chargeable to
capital account. Any cost so treated shall be allowed as a deduction
for the taxable year in which the qualified real property is placed in
service.
``(b) Limitation.--
``(1) In general.--The aggregate cost which may be taken
into account under subsection (a) for any taxable year shall
not exceed $125,000.
``(2) Inflation adjustment.--
``(A) In general.--In the case of any taxable year
beginning in a calendar year after 2009, the $125,000
amount in paragraph (1) 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,
by substituting `calendar year 2008' for
`calendar year 1992' in subparagraph (B)
thereof.
``(B) Rounding.--If any amount as adjusted under
subparagraph (A) is not a multiple of $1,000, such
amount shall be rounded to the nearest multiple of
$1,000.
``(c) Election.--
``(1) In general.--An election under this section for any
taxable year shall be made on the taxpayer's return of the tax
imposed by this chapter for the taxable year. Such election
shall specify the qualified real property to which the election
applies and shall be made in such manner as the Secretary may
by regulations prescribe.
``(2) Election irrevocable.--Any election made under this
section may not be revoked except with the consent of the
Secretary.
``(d) Qualified Real Property.--For purposes of this section, the
term `qualified real property' means section 1250 property (as defined
by section 1250(c)) located in the United States--
``(1) the original use of which commences with the
taxpayer, and
``(2) which is placed in service by the taxpayer after the
date of the enactment of this section.
``(e) Taxpayer Described.--
``(1) In general.--A taxpayer is described in this
subsection if, for the immediately prior taxable year, the
taxpayer (or any predecessor) met the $5,000,000 gross receipts
test of paragraph (2).
``(2) $5,000,000 gross receipts test.--For purposes of
paragraph (1)--
``(A) In general.--A taxpayer meets the $5,000,000
gross receipts test of this paragraph for a taxable
year if the average annual gross receipts of the
taxpayer for the 3-taxable-year period ending with such
taxable year does not exceed $5,000,000.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 or subsection (m) or (o) of section 414 shall be
treated as one person for purposes of subparagraph (A).
``(C) Not in existence for entire 3-year period.--
If the taxpayer was not in existence for the entire 3-
year period referred to in subparagraph (A), such
paragraph shall be applied on the basis of the period
during which the taxpayer (or trade or business) was in
existence.
``(D) Special rules.--For purposes of subparagraph
(A), the rules of paragraph (3) of section 448(c) shall
apply.
``(f) Reporting.--No deduction shall be allowed under subsection
(a) to any taxpayer for any taxable year unless the taxpayer files with
the Secretary a report containing such information as the Secretary
shall require.''.
(b) Conforming Amendments.--
(1) Section 263(a)(1) is amended by striking ``or'' at the
end of subparagraph (K), by striking the period at the end of
subparagraph (L) and inserting ``, or'', and by inserting after
subparagraph (L) the following new subparagraph:
``(M) expenditures for which a deduction is allowed
under section 179F.''.
(2) Section 312(k)(3)(B) is amended by striking ``or 179E''
each place it appears in the heading and text thereof and
inserting ``179E, or 179F''.
(3) The table of sections for part VI of subchapter B of
chapter 1 is amended by inserting after the item relating to
section 179E the following new item:
``Sec. 179F. Election to expense certain real property.''.
(c) Effective Date.--The amendments made by this section shall
apply to costs paid or incurred after the date of the enactment of this
Act. | Small Business Growth Act of 2009 - Amends the Internal Revenue Code to allow small business taxpayers with gross receipts of $5 million or less to elect to expense certain depreciable real property in the year such property is placed in service. Limits the amount of such expensing allowance to $125,000, adjusted for inflation after 2009. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow the expensing of certain real property."} | 1,194 | 71 | 0.547184 | 1.244786 | 0.520387 | 1.852459 | 17.344262 | 0.803279 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coal-to-Liquid Fuel Promotion Energy
Act of 2006''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Coal-to-liquid.--The term ``coal-to-liquid'' means--
(A) with respect to a process or technology, the
use of a feedstock, the majority of which is the coal
resources of the United States, using the class of
chemical reactions known as Fischer-Tropsch, to produce
synthetic fuel suitable for transportation; and
(B) with respect to a facility, the portion of a
facility related to supplying inputs to the Fischer-
Tropsch process, Fischer-Tropsch finished fuel
production, or the capture, transportation, or
sequestration of byproducts of the use of coal at the
Fischer-Tropsch facility, including carbon emissions.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. COAL-TO-LIQUID FUEL LOAN GUARANTEE PROGRAM.
(a) Eligible Projects.--Section 1703(b) of the Energy Policy Act of
2005 (42 U.S.C. 16513(b)) is amended by adding at the end the
following:
``(11) Large-scale coal-to-liquid facilities (as defined in
section 2 of the Coal-to-Liquid Fuel Promotion Energy Act of
2006) that use a feedstock, the majority of which is the coal
resources of the United States, to produce not less than 10,000
barrels a day of liquid transportation fuel.''.
(b) Authorization of Appropriations.--Section 1704 of the Energy
Policy Act of 2005 (42 U.S.C. 16514) is amended by adding at the end
the following:
``(c) Coal-to-Liquid Projects.--
``(1) In general.--There are authorized to be appropriated
such sums as are necessary to provide the cost of guarantees
for projects involving large-scale coal-to-liquid facilities
under section 1703(b)(11).
``(2) Limitations.--
``(A) In general.--No loan guarantees shall be
provided under this title for projects described in
paragraph (1) after (as determined by the Secretary)--
``(i) the tenth such loan guarantee is
issued under this title; or
``(ii) production capacity covered by such
loan guarantees reaches 100,000 barrels per day
of coal-to-liquid fuel.
``(B) Individual projects.--
``(i) In general.--A loan guarantee may be
provided under this title for any large-scale
coal-to-liquid facility described in paragraph
(1) that produces no more than 20,000 barrels
of coal-to-liquid fuel per day.
``(ii) Non-federal funding requirement.--To
be eligible for a loan guarantee under this
title, a large-scale coal-to-liquid facility
described in paragraph (1) that produces more
than 20,000 barrels of coal-to-liquid fuel per
day shall be required to provide non-Federal
funding for the proportional cost of the loan
guarantee for production that exceeds 20,000
barrels of coal-to-liquid fuel per day.''.
SEC. 4. COAL-TO-LIQUID FACILITIES LOAN PROGRAM.
(a) Definition of Eligible Recipient.--In this section, the term
``eligible recipient'' means an individual, organization, or other
entity that owns, operates, or plans to construct a coal-to-liquid
facility that will produce at least 10,000 barrels per day of coal-to-
liquid fuel.
(b) Establishment.--The Secretary shall establish a program under
which the Secretary shall provide loans, in a total amount not to
exceed $20,000,000, for use by eligible recipients to pay the Federal
share of the cost of obtaining any services necessary for the planning,
permitting, and construction of a coal-to-liquid facility.
(c) Application.--To be eligible to receive a loan under subsection
(b), an owner or operator of a coal-to-liquid facility shall submit to
the Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
(d) Non-Federal Match.--To be eligible to receive a loan under this
section, an eligible recipient shall use non-Federal funds to provide a
dollar-for-dollar match of the amount of the loan.
(e) Repayment of Loan.--
(1) In general.--To be eligible to receive a loan under
this section, an eligible recipient shall agree to repay the
original amount of the loan to the Secretary not later than 5
years after the date of the receipt of the loan.
(2) Source of funds.--Repayment of a loan under paragraph
(1) may be made from any financing or assistance received for
the construction of a coal-to-liquid facility described in
subsection (a), including a loan guarantee provided under
section 1703(b)(11) of the Energy Policy Act of 2005 (42 U.S.C.
16513(b)(11)).
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $200,000,000, to remain
available until expended.
SEC. 5. LOCATION OF COAL-TO-LIQUID MANUFACTURING FACILITIES.
The Secretary, in coordination with the head of any affected
agency, shall promulgate such regulations as the Secretary determines
to be necessary to support the development on Federal land (including
land of the Department of Energy, military bases, and military
installations closed or realigned under the defense base closure and
realignment) of coal-to-liquid manufacturing facilities and associated
infrastructure, including the capture, transportation, or sequestration
of carbon dioxide.
SEC. 6. STRATEGIC PETROLEUM RESERVE.
(a) Development, Operation, and Maintenance of Reserve.--Section
159 of the Energy Policy and Conservation Act (42 U.S.C. 6239) is
amended--
(1) by redesignating subsections (f), (g), (j), (k), and
(l) as subsections (a), (b), (e), (f), and (g), respectively;
and
(2) by inserting after subsection (b) (as redesignated by
paragraph (1)) the following:
``(c) Study of Maintaining Coal-to-Liquid Products in Reserve.--Not
later than 1 year after the date of enactment of the Coal-to-Liquid
Fuel Promotion Energy Act of 2006, the Secretary and the Secretary of
Defense shall--
``(1) conduct a study of the feasibility and suitability of
maintaining coal-to-liquid products in the Reserve; and
``(2) submit to the Committee on Energy and Natural
Resources and the Committee on Armed Services of the Senate and
the Committee on Energy and Commerce and the Committee on Armed
Services of the House of Representatives a report describing
the results of the study.
``(d) Construction of Storage Facilities.--As soon as practicable
after the date of enactment of the Coal-to-Liquid Fuel Promotion Energy
Act of 2006, the Secretary may construct 1 or more storage facilities--
``(1) in the vicinity of pipeline infrastructure and at
least 1 military base; but
``(2) outside the boundaries of any State on the coast of
the Gulf of Mexico.''.
(b) Petroleum Products for Storage in Reserve.--Section 160 of the
Energy Policy and Conservation Act (42 U.S.C. 6240) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting a semicolon at
the end;
(B) in paragraph (2), by striking ``and'' at the
end;
(C) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following:
``(4) coal-to-liquid products (as defined in section 2 of
the Coal-to-Liquid Fuel Promotion Energy Act of 2006), as the
Secretary determines to be appropriate, in a quantity not to
exceed 20 percent of the total quantity of petroleum products
in the Reserve.'';
(2) in subsection (b), by redesignating paragraphs (3)
through (5) as paragraphs (2) through (4), respectively; and
(3) by redesignating subsections (f) and (h) as subsections
(d) and (e), respectively.
(c) Conforming Amendments.--Section 167 of the Energy Policy and
Conservation Act (42 U.S.C. 6247) is amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively; and
(B) in paragraph (2) (as redesignated by
subparagraph (A)), by striking ``section 160(f)'' and
inserting ``section 160(e)''; and
(2) in subsection (d), in the matter preceding paragraph
(1), by striking ``section 160(f)'' and inserting ``section
160(e)''.
SEC. 7. AUTHORIZATION TO CONDUCT RESEARCH, DEVELOPMENT, TESTING, AND
EVALUATION OF ASSURED DOMESTIC FUELS.
Of the amount authorized to be appropriated for the Air Force for
research, development, testing, and evaluation, $10,000,000 may be made
available for the Air Force Research Laboratory to continue support
efforts to test, qualify, and procure synthetic fuels developed from
coal for aviation jet use.
SEC. 8. COAL-TO-LIQUID FACILITIES ON OR NEAR MILITARY INSTALLATIONS.
Section 2398a of title 10, United States Code is amended--
(1) in subsection (b)--
(A) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(B) by adding at the end the following:
``(2) Coal-to-liquid production facilities.--
``(A) In general.--The Secretary of Defense may
enter into contracts or other agreements with private
companies or other entities to develop and operate
coal-to-liquid facilities (as defined in section 2 of
the Coal-to-Liquid Fuel Promotion Energy Act of 2006)
on or near military installations.
``(B) Considerations.--In entering into contracts
and other agreements under subparagraph (A), the
Secretary shall consider land availability, testing
opportunities, and proximity to raw materials.'';
(2) in subsection (d)--
(A) by striking ``Subject to applicable provisions
of law, any'' and inserting ``Any''; and
(B) by striking ``1 or more years'' and inserting
``up to 25 years''; and
(3) by adding at the end the following:
``(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.''. | Coal-to-Liquid Fuel Promotion Energy Act of 2006 - Amends the Energy Policy Act of 2005 to include among the projects eligible for Department of Energy (DOE) loan guarantees large-scale coal-to-liquid facilities that use a feedstock, the majority of which is domestic coal resources, to produce at least 10,000 barrels a day of liquid transportation fuel.
Instructs the Secretary of Energy (Secretary) to establish a federal loan program for coal-to-liquid facilities.
Directs the Secretary to promulgate regulations to support the development of coal-to-liquid manufacturing facilities and associated infrastructure on DOE and other federal lands, including military bases and military installations closed or realigned under the defense base closure and realignment.
Authorizes the Secretary to construct storage facilities: (1) in the vicinity of pipeline infrastructure and at least one military base; but (2) outside the boundaries of any state on the coast of the Gulf of Mexico.
Authorizes the Secretary to acquire, place in storage, transport, or exchange coal-to-liquid products, not to exceed 20% of the total quantity of petroleum products in the Strategic Petroleum Reserve.
Authorizes appropriations for the Air Force Research Laboratory to continue support efforts to test, qualify, and procure synthetic fuels developed from coal for aviation jet use.
Amends federal law governing Armed Forces fuel procurement to authorize the Secretary of Defense to enter into agreements with private companies to develop and operate coal-to-liquid facilities on or near military installations. | {"src": "billsum_train", "title": "A bill to promote coal-to-liquid fuel activities."} | 2,507 | 322 | 0.58333 | 1.749138 | 0.766664 | 5.793814 | 7.714777 | 0.920962 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Language of Government Act of
1993''.
SEC. 2. FINDINGS AND CONSTRUCTION.
(a) Findings.--The Congress finds and declares that--
(1) the United States is comprised of individuals and
groups from diverse ethnic, cultural, and linguistic
backgrounds;
(2) the United States has benefited and continues to
benefit from this rich diversity;
(3) throughout the history of the Nation, the common thread
binding those of differing backgrounds has been a common
language;
(4) to preserve unity in diversity, and to prevent division
along linguistic lines, the United States should maintain a
language common to all people;
(5) English has historically been the common language and
the language of opportunity in the United States;
(6) the use of a single common language in the conduct of
the Government's official business will promote efficiency and
fairness to all people; and
(7) English should be recognized in law as the language of
official business of the Government.
(b) Construction.--The amendments made by section 3--
(1) are not intended in any way to discriminate against or
restrict the rights of any individual in the United States;
(2) are not intended to discourage or prevent the use of
languages other than English in any nonofficial capacity; and
(3) except where an existing law of the United States
directly contravenes the amendments made by section 3 (such as
by requiring the use of a language other than English for
official business of the Government of the United States), are
not intended to repeal existing laws of the United States.
SEC. 3. ENGLISH AS THE OFFICIAL LANGUAGE OF GOVERNMENT.
(a) In General.--Title 4, United States Code, is amended by adding
at the end the following new chapter:
``CHAPTER 6--LANGUAGE OF THE GOVERNMENT
``Sec.
``161. Declaration of official language of Government.
``162. Preserving and enhancing the role of the official language.
``163. Official Government activities in English.
``164. Standing.
``165. Definitions.
``Sec. 161. Declaration of official language of Government
``The official language of the Government of the United States is
English.
``Sec. 162. Preserving and enhancing the role of the official language
``The Government shall have an affirmative obligation to preserve
and enhance the role of English as the official language of the United
States Government. Such obligation shall include encouraging greater
opportunities for individuals to learn the English language.
``Sec. 163. Official Government activities in English
``(a) The Government shall conduct its official business in
English.
``(b) No person shall be denied services, assistance, or
facilities, directly or indirectly provided by the Government solely
because the person communicates in English.
``(c) Every person in the United States is entitled to--
``(1) communicate with the Government in English;
``(2) receive information from or contribute information to
the Government in English; and
``(3) be informed of or be subject to official orders in
English.
``Sec. 164. Standing
``Any person alleging injury arising from a violation of this
chapter shall have standing to sue in the courts of the United States
under sections 2201 and 2202 of title 28, United States Code, and for
such other relief as may be considered appropriate by the courts.
``Sec. 165. Definitions
``For purposes of this chapter:
``(1) The term `Government' means all branches of the
Government of the United States and all employees and officials
of the Government of the United States while performing
official business.
``(2) The term `official business' means those governmental
actions, documents, or policies which are enforceable with the
full weight and authority of the Government, but does not
include--
``(A) actions or documents that are primarily
informational or educational;
``(B) actions, documents, or policies that are not
enforceable in the United States;
``(C) actions, documents, or policies necessary for
international relations, trade, or commerce;
``(D) actions or documents that protect the public
health or safety;
``(E) actions that protect the rights of victims of
crimes or criminal defendants; and
``(F) documents that utilize terms of art or
phrases from languages other than English.''.
(b) Conforming Amendment.--The table of chapters for title 4,
United States Code, is amended by adding at the end the following new
item:
``6. Language of the Government............................. 161''.
SEC. 4. PREEMPTION.
This Act (and the amendments made by this Act) shall not preempt
any law of any State.
SEC. 5. EFFECTIVE DATE.
The amendments made by section 3 shall take effect upon the date of
enactment of this Act, except that no suit may be commenced to enforce
or determine rights under the amendments until January 1, 1994. | Language of Government Act of 1993 - Declares English to be the official language of the U.S. Government. States that the Government has an affirmative obligation to preserve and enhance the role of English as the official language. Requires the Government to conduct its official business in English. Prohibits anyone from being denied Government services because they communicate in English. | {"src": "billsum_train", "title": "Language of Government Act of 1993"} | 1,094 | 78 | 0.531264 | 1.281938 | 1.098061 | 3.61194 | 16.208955 | 0.865672 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equal Access to Prescription Drugs
for All Seniors Act''.
SEC. 2. MEDICARE PRESCRIPTION DRUG BENEFIT PROGRAM FOR CATASTROPHIC
EXPENSES.
Part B of title XVIII of the Social Security Act is amended by
adding at the end the following new section:
``establishment of outpatient prescription drug benefit program
``Sec. 1849. (a) In General.--The Secretary shall establish a
program that provides outpatient prescription drug benefits for
individuals who are enrolled under this part and entitled to benefits
under part A.
``(b) Design of Benefit.--The outpatient prescription drug benefit
program shall be established under subsection (a) consistent with the
following:
``(1) Period of benefits.--Benefits under the program are
first available for prescription drugs dispensed on or after
January 1, 2005, and shall not be available for drugs dispensed
after September 30, 2013.
``(2) Fiscal limitations.--
``(A) In general.--During the 10-fiscal-year period
beginning with fiscal year 2004, the program shall be
designed to result in additional, net expenditures
under this title equal to $400,000,000,000, and
expenditures consistent with the amounts specified in
subparagraph (B). In order to do this, the Secretary
shall establish an appropriate deductible under
paragraph (3), incentives for efficient use of generic
drugs and other management techniques described in
paragraph (8), and efficient methods for payment for
covered benefits.
``(B) Funding stream.--The following shall be the
amounts available for start-up and administrative costs
and payment of benefits under this section:
``(i) For start-up and administrative
costs, without fiscal year limitation,
$22,811,420,000.
``(ii) For payments for benefits in fiscal
year 2005, $25,756,250,000.
``(iii) For payments for benefits in fiscal
year 2006, $28,859,150,000.
``(iv) For payments for benefits in fiscal
year 2007, $32,219,690,000.
``(v) For payments for benefits in fiscal
year 2008, $36,021,300,000.
``(vi) For payments for benefits in fiscal
year 2009, $40,164,610,000.
``(vii) For payments for benefits in fiscal
year 2010, $44,746,360,000.
``(viii) For payments for benefits in
fiscal year 2011, $49,904,730,000.
``(ix) For payments for benefits in fiscal
year 2012, $55,974,380,000.
``(x) For payments for benefits in fiscal
year 2013, $63,542,120,000.
``(3) Catastrophic nature of benefit.--
``(A) In general.--The program is designed to
provide benefits in a calendar year for a beneficiary
after the beneficiary has incurred out-of-pocket costs
(as defined under the program) for covered outpatient
prescription drugs that exceeds such percentage of
income (such as 5 percent) as the Secretary shall
specify for each year (beginning with 2005) consistent
with paragraph (2). Such percentage shall vary from
year to year [and may vary based on the income of
beneficiaries].
``(B) Income determination.--Under the program,
income shall be based on the previous year's income tax
return of, in the absence of such a return, on such
income eligibility statement as the Secretary shall
provide for. The Secretary shall provide for a
verification of the income on such a statement
through the income eligibility verification system used for purposes of
the medicaid and SSI programs or other comparable system approved by
the Secretary.
``(C) Utilization of benefits.--The program shall
be designed to permit access to benefits in 2 different
ways:
``(i) Monthly payment of \1/12\ of
deductible.--In the case of a beneficiary who
is expected to have prescription drug costs
over the catastrophic threshold under
subparagraph (A) for a year, the Secretary
shall permit the beneficiary to elect to obtain
benefits immediately at the beginning of the
year and to pay to the Secretary, on a monthly
basis, \1/12\ of the applicable amount of the
threshold under such subparagraph for the year.
``(ii) Benefits upon satisfaction of
deductible.--Access to benefits would be
available once prescription drug expenditures,
as documented through a smart card or similar
method, have met the applicable annual
deductible.
``(D) Use of electronic systems for tracking
expenditures.--In any case the monitoring of
expenditures under the program, both before and after
the annual deductible has been met, shall be done
electronically through the submittal of claims
information and, if applicable, the use of an
appropriate electronic transaction card system.
``(4) Defined terms.--The Secretary shall define for
purposes of the benefit `covered outpatient prescription
drugs', `out-of-pocket costs', and `income' consistent with the
following:
``(A) `Income' shall be based on adjusted gross
income for the most recent previous year and shall take
into account, in an appropriate manner in the case of a
married couple, the income of the spouses, and shall
also income income derived from tax exempt sources,
including social security benefits and municipal bond
interest.
``(B) `Covered outpatient prescription drugs' shall
not include prescription drugs for which any benefits
are otherwise available under this part.
``(5) Application of secondary payor provisions.--The
secondary payor provisions of section 1862(b) shall apply to
this benefits under this program.
``(6) No premium; no impact on part b premium.--There shall
be no additional premium charged for the benefits under the
program and the amount of the monthly premiums under section
1839 and under section 1818 shall not be changed or affected as
a result of the implementation of the program.
``(7) Payment from smi trust fund.--Benefits under the
program shall be payable from the Federal Supplementary Medical
Insurance Trust Fund under section 1841.
``(8) Use of utilization mechanisms.--In implementing the
program, the Secretary shall establish appropriate mechanisms
to encourage the substitution of generic drugs and appropriate
techniques for the management of prescription drugs.
``(9) Pharmacy access.--The program shall be designed in a
manner so that beneficiaries are provided timely access to
prescription drugs and may choose among the broadest range of
qualified, participating pharmacies so as to result in the
least disruption on current methods for the delivery of
outpatient prescription drugs.
``(10) Use of contractual arrangements.--The program may be
implemented through contracts with pharmaceutical benefit
managers and other qualified entities, including carriers under
this part.''. | Equal Access to Prescription Drugs for All Seniors Act - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to establish a program that provides outpatient prescription drug benefits for individuals who are enrolled under this part and entitled to benefits under Medicare part A (Hospital Insurance). State that the program is designed to provide benefits in a calendar year for a beneficiary after the beneficiary has incurred out-of-pocket costs for covered outpatient prescription drugs that exceeds such percentage of income as the Secretary shall specify for each year. Requires the percentage to vary from year to year and allows it to vary based on the income of beneficiaries. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to provide for establishment of a Medicare prescription drug benefit covering costs that exceed a percentage of a beneficiary's income."} | 1,481 | 166 | 0.516726 | 1.349873 | 0.674603 | 4.824818 | 9.985401 | 0.927007 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mortgage Enhancement and
Modification Act of 2008''.
SEC. 2. SAFE HARBOR FOR QUALIFIED LOAN MODIFICATIONS OR WORKOUT PLANS
FOR CERTAIN RESIDENTIAL MORTGAGE LOANS.
(a) Standard for Loan Modifications or Workout Plans.--Absent
specific contractual provisions to the contrary--
(1) the duty to maximize or not negatively affect, the
recovery of total proceeds from pooled residential mortgage
loans is owed by a servicer of such pooled loans to the
securitization vehicle for the benefit of all investors and
holders of beneficial interests in the pooled loans, in the
aggregate, and not to any individual party or group of parties;
(2) a servicer of pooled residential mortgage loans shall
be deemed to be acting on behalf of the securitization vehicle
in the best interest of all investors and holders of beneficial
interests in the pooled loans, in the aggregate if--
(A) for a loan that is in payment default under the
loan agreement or for which payment default is imminent
or reasonably foreseeable, the loan servicer makes
reasonable and documented efforts, which shall be made
available to the investors and holders of beneficial
interests in the pooled loans upon request, to
implement a modification or workout plan; or
(B) the efforts under subparagraph (A) are
unsuccessful or such plan would be infeasible, engages
in other loss mitigation, including accepting a short
payment or partial discharge of principal, or agreeing
to a short sale of the property, to the extent that the
servicer reasonably believes the modification or
workout plan or other mitigation actions will maximize
the net present value to be realized on the loans over
that which would be realized through foreclosure under
the present terms of the contract; and
(3) a servicer shall be deemed to be acting on behalf of
the securitization vehicle in the best interest of all
investors and holders of beneficial interests in the pooled
loans, in the aggregate, if the servicer makes efforts--
(A) to proactively contact borrowers that are
reasonably considered to be approaching a calendar date
in which a predetermined or contractually established
rate of interest on the principal of the loan shall--
(i) increase or fluctuate in accordance
with a designated market indicator or
indicators; or
(ii) increase or fluctuate within a
predetermined range; and
(B) to determine--
(i) the ability of the borrower to make
payments following a reset of interest rates
using common and appropriate metric standards
such as debt to income ratios;
(ii) whether the borrower is in danger of
default or disclosure; and
(iii) whether a loan modification or other
mitigation effort is appropriate.
(b) Safe Harbor.--Absent specific contractual provisions to the
contrary, a servicer of a residential mortgage loan that acts in a
manner consistent with the provisions set forth in subsection (a),
shall not be liable for entering into a qualified loan modification, or
other loss mitigation effort described in subsection (a) to--
(1) any person, based on that person's ownership of a
residential mortgage loan or any interest in a pool of
residential mortgage loans or in securities that distribute
payments out of the principal, interest, and other payments in
loans on the pool;
(2) any person who is obligated to make payments determined
in reference to any loan or any interest referred to in
paragraph (1);
(3) any person that insures any loan or any interest
referred to in paragraph (1) under any law or regulation of the
United States or any law or regulation of any State or
political subdivision of any State; or
(4) any other person or institution that may have a
financial or commercial relationship and association with the
persons associated in paragraphs (1) through (3).
(c) Rule of Construction.--No provision of this section shall be
construed as limiting the ability of a servicer to enter into loan
modifications or workout plans other than qualified loan modification
or workout plans.
(d) Definitions.--As used in this section, the following
definitions shall apply:
(1) Qualified loan modification or workout plan.--The term
``qualified loan modification or workout plan'' means a
modification or plan that--
(A) is scheduled to remain in place until the
borrower sells or refinances the property, or for at
least 5 years from the date of adoption of the plan,
whichever is sooner;
(B) does not provide for a repayment schedule that
results in negative amortization at any time;
(C) does not require the borrower to pay additional
points and fees;
(D) materially improves the ability of the borrower
to--
(i) prevent foreclosure; and
(ii) resume a reasonable repayment schedule
based on, but not limited to, debt to income
ratio; and
(E) would reasonably reduce the likelihood of
default of foreclosure during the life of the
modification or plan;
(F) may waive any prepayment penalties that
reasonably inhibited a loan holder from fulfilling his
ability to pay down the principal or maintain regular
payments as defined by the terms of the loan; and
(G) includes full and accurate disclosure to the
borrower of the terms of the modification or workout
plan, provided that such disclosures are executed in
easy to understand terms that demonstrate how the
borrower will benefit from the new terms in such
modification or workout plan as compared with the terms
and conditions of the previous loan of the borrower.
(2) Residential mortgage loan.--The term ``residential
mortgage loan'' means a loan that is secured by a lien on an
owner-occupied residential dwelling.
(3) Securitization vehicle.--The term ``securitization
vehicle'' means a trust, corporation, partnership, limited
liability entity, special purpose entity, or other structure
that--
(A) is the issuer, or is created by the issuer, of
mortgage pass-through certificates, participation
certificates, mortgage-backed securities, or other
similar securities backed by a pool of assets that
includes residential mortgage loans; and
(B) holds such loans.
(e) Limitations on Safe Harbor.--Except for the provisions of
section 2 that limit liability for efforts to pursue qualified loan
modifications or workout plans, the provisions of this section shall
not be construed to affect or limit any other liability, duty, or other
fiduciary obligation of the servicer to the investors and holders of
beneficial interests in the pooled loans to a securitization vehicle,
as prescribed by any other specific contractual provision agreed upon,
or any other liability, duty, or other fiduciary obligation set forth
under any--
(1) law or regulation of the United States;
(2) law or regulation of any State or political subdivision
of any State; or
(3) established and approved standards for best practices
of any industry or trade group.
(f) Effective Period.--This section shall apply only with respect
to qualified loan modification or workout plans initiated prior to
January 1, 2012. | Mortgage Enhancement and Modification Act of 2008 - Establishes a standard for loan modifications or workout plans for pools of certain residential mortgage loans.
States that a servicer of such pooled loans owes a duty to the securitization vehicle to maximize, or not negatively affect, the recovery of total proceeds from such loans for the benefit of all investors and holders of beneficial interests in the pooled loans, in the aggregate, and not to any individual party or group of parties.
Deems the loan servicer to be acting on behalf of the securitization vehicle in the best interest of all such investors and holders if the servicer: (1) makes reasonable, documented efforts to implement a modification or workout plan for a loan in or facing payment default; or (2) engages in other loss mitigation efforts, if the former efforts fail or the plan would be infeasible, in the reasonable belief that such efforts will maximize the net present value to be realized over that which would be realized through foreclosure.
Declares, furthermore, that a servicer shall be deemed to be acting on behalf of the securitization vehicle in the best interest of all investors and beneficial interest holders if the servicer makes efforts to: (1) contact proactively borrowers approaching a calendar date in which a predetermined or contractually established rate of interest shall increase or fluctuate in accordance with specified indicators or within a predetermined range; and (2) determine the borrower's ability to make payments following a reset of interest rates, whether the borrower is in danger of default or disclosure, and whether a loan modification or other mitigation effort is appropriate.
Declares that, absent specific contractual provisions to the contrary, a servicer acting in a manner consistent with such duty shall not be liable to specified persons for entering into a qualified loan modification or workout plan for loss mitigation purposes. | {"src": "billsum_train", "title": "A bill to help families avoid foreclosure and stay in their homes by encouraging reasonable and responsible modifications for unworkable and impractical mortgage loans, and to help preserve the rights of investors by reaffirming the basic obligations of their investment agents to achieve the most beneficial outcomes for their clients and for other purposes."} | 1,528 | 406 | 0.839335 | 3.052735 | 0.955019 | 4.631124 | 4.149856 | 0.95389 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wounded Warriors Joint Health Care
Performance Metrics and Transparency Act''.
SEC. 2. ESTABLISHMENT AND MONITORING OF MEDICAL HOLDOVER PERFORMANCE
STANDARDS.
(a) Requirement for Performance Standards for Medical Holdover
Process.--The Secretary of Defense shall assign the Assistant Secretary
of Defense for Health Affairs the responsibility for establishing
performance standards for each step of the medical holdover process,
including the following:
(1) Mobilization.
(2) Medical condition.
(3) MNO decision.
(4) Disposition plan.
(5) Execution plan.
(6) Final disposition decision of a medical evaluation
board or physical evaluation board.
(7) Transition.
(b) Quarterly Inspections.--
(1) Requirement for inspections.--The Secretary of Defense,
acting through the Assistant Secretary of Defense for Health
Affairs, shall require each military medical installation to
perform a quarterly inspection based on the performance
standards established under subsection (a) of the following:
command and control responsibilities, billeting, staffing,
soldier administration, staff training, in and out processing,
transition and separation processing, dining facilities and
other non-medical patient services, transportation, medical
case management, medical care, access and documentation, and
medical database and medical records quality. Inspections teams
should include representatives from all commands with
jurisdiction over medical and administrative services provided
to injured and wounded soldiers, and shall include
representatives from the Department of Defense and the
Inspector General of the Department of Defense.
(2) Inspection reports.--The Assistant Secretary shall
require a report on each inspection carried out under paragraph
(1) to be submitted to the Secretary of Defense, the Inspector
General of the Department of Defense, each command or agency
with jurisdiction, the Secretary of each military department,
the chief of staff of each Armed Force, and the inspector
general of each military department.
(c) Additional Specific Standards.--
(1) Security and medical personnel.--The Assistant
Secretary of Defense for Health Affairs shall develop and
enforce standards for security personnel and medical personnel
to perform daily rounds of each medical inpatient and
outpatient facility. The standards shall include a requirement
for access to help 24 hours a day for patients with medical
emergencies or needs.
(2) Timeliness.--The Assistant Secretary also shall develop
and enforce standards for setting time standards for responding
to patient questions and scheduling appointments for medical
evaluation board and physical evaluation board evaluations.
(3) Processing.--The Assistant Secretary also shall develop
and enforce in-processing and out-processing standards, patient
counseling standards, and information standards to address
patient and family members on all aspects of care, including
medical and administrative evaluation procedures and
requirements.
(d) Monthly Reports.--
(1) Requirement.--The Assistant Secretary of Defense for
Health Affairs shall submit to the Secretary of Defense and the
Inspector General of the Department of Defense a monthly report
on military service performance in all categories of medical
holdover patient care including, at a minimum, inspections,
individual patient information, trends and problems,
statistical information on time of patients in medical holdover
status, performance of service commands, and other service
personnel serving patients and families in medical holder
status.
(2) Additional matters covered.--The report also shall
contain--
(A) information on all individual patient
complaints and action taken to mediate the patient
concern;
(B) information on all concerns raised by patient
advocates to military service installation commanders
and report on actions taken; and
(C) statistical information on the incidence,
treatments, and outcomes of traumatic brain injury
patients among the medical holdover patient population.
(e) Semi-Annual Meetings.--The Assistant Secretary of Defense for
Health Affairs shall meet semi-annually with the Secretaries of the
military departments to address medical holdover program execution,
including all medical and administrative issues, force structure,
manning, training, and resource requirements.
(f) Inspector General Responsibilities.--The Inspector General of
the Department of Defense shall audit and review the medical holdover
system and the performance standards developed under this section and
shall submit quarterly reports to the Assistant Secretary of Defense
for Health Affairs, the Secretaries of the military departments, and
the following congressional committees:
(1) The Committees on Armed Services of the Senate and the
House of Representatives.
(2) The Committee on Homeland Security and Governmental
Affairs of the Senate.
(3) The Committee on Oversight and Government Reform of the
House of Representatives.
(g) Medical Holdover Patient.--In this Act, the term ``medical
holdover patient'' means a member of the Armed Forces, including a
member of the National Guard or other reserve component, who is
undergoing medical treatment, recuperation, or therapy, or is otherwise
in medical hold or holdover status, for an injury, illness, or disease
incurred or aggravated while on active duty in the Armed Forces.
(h) Authorization.--There is authorized to be appropriated to carry
out--
(1) subsections (a) through (e) of this Act, $1,000,000 for
fiscal year 2007; and
(2) subsection (f) of this Act, $2,000,000 for fiscal year
2007 and $3,000,000 for fiscal year 2008. | Wounded Warriors Joint Health Care Performance Metrics and Transparency Act - Assigns the Assistant Secretary of Defense for Health Affairs responsibility for establishing performance standards for each step of the medical holdover patient process. Defines "medical holdover patient" as a member of the Armed Forces, including a member of the National Guard or other reserve component, who is undergoing medical treatment, recuperation, or therapy, or who is otherwise in medical hold or holdover status, for an injury, illness, or disease incurred or aggravated while on active duty.
Directs the Secretary of Defense to require each military medical installation to perform a quarterly inspection based on the performance standards established by this Act. Requires the Assistant Secretary to provide reports on such inspections to the Secretary, the Inspector General of the Department of Defense, and other military officials.
Requires the Assistant Secretary to develop and enforce standards for: (1) security and medical personnel to perform daily rounds of each medical inpatient and outpatient facility, including a requirement for 24-hour access for patients with medical emergencies or needs; (2) responding to patient questions and scheduling medical appointments; and (3) in-processing and out-processing, counseling, and information for patients and family members.
Requires the Assistant Secretary to: (1) submit monthly reports to the Secretary and the Inspector General on military service performance in all categories of medical holdover patient care; and (2) meet semi-annually with the Secretaries of the military departments to address medical holdover program execution issues.
Requires the Inspector General to audit and review the medical holdover system and the performance standards developed by this Act. | {"src": "billsum_train", "title": "To establish and monitor medical holdover performance standards."} | 1,110 | 349 | 0.728673 | 2.340891 | 0.781992 | 5.501597 | 3.42492 | 0.958466 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Missing Service Personnel Act of
1993''.
SEC. 2. PURPOSE.
The purpose of this Act is to ensure that any member of the Armed
Forces or any civilian officer or employee serving with or accompanying
an Armed Force in the field under orders is fully accounted for by the
Federal Government and, as a general rule, may not be declared dead
solely because of the passage of time.
SEC. 3. REQUIREMENTS WITH RESPECT TO MISSING PERSONS.
Chapter 53 of title 10, United States Code, is amended by adding at
the end the following new section:
``Sec. 1058. Missing persons: informal investigations; boards of
inquiry; determinations of death; personnel files
``(a) Informal Investigations.--After receiving notice that a
person under the command of an element of the armed forces is missing,
the responsible commander shall conduct an informal investigation to
determine that person's whereabouts and, if appropriate, shall place
the missing person in a missing status.
``(b) Boards of Initial Inquiry; Duties.--(1) If a missing person
placed in a missing status under subsection (a) is a member of the
armed forces on active duty, the responsible commander who places that
person in a missing status shall, as soon as feasible after placing
that person in a missing status, notify the officer holding general
court-martial authority over that person that the person has been
placed in a missing status, and such officer shall convene a board of
initial inquiry not later than 45 days after receiving such notice.
``(2) If a missing person placed in a missing status under
subsection (a) is a civilian, the responsible commander who places that
person in a missing status shall, as soon as feasible after placing
that person in a missing status, notify the Secretary concerned that
that person has been placed in a missing status, and the Secretary
concerned shall convene a board of initial inquiry not later than 45
days after receiving such notice.
``(3) A board of initial inquiry convened under this subsection
shall--
``(A) investigate and analyze evidence relating to the
disappearance of the missing person;
``(B) based upon such evidence, recommend whether to
continue such person in a missing status or make a finding that
such person has deserted, is absent without leave, or is dead;
and
``(C) issue a report describing its recommendations and
findings.
``(c) Boards of Further Inquiry; Duties.--(1) If a board of initial
inquiry convened under subsection (b) recommends that a missing person
be continued in a missing status, the Secretary concerned shall convene
a board of further inquiry not later than one year after the date on
which the board of initial inquiry issues its recommendation. The board
of further inquiry shall--
``(A) analyze any information which has become available
since the board of initial inquiry issued its report;
``(B) based upon such information and a review of evidence
presented during the board of initial inquiry, determine
whether such person should be continued in a missing status or
should be declared dead; and
``(C) issue a report describing its recommendations and
findings.
``(2) Upon the written request of a member of the immediate family
of a missing person who, before the date of the enactment of this
section, was determined by the Secretary concerned to be dead, the
Secretary concerned shall convene a board of further inquiry which
shall--
``(A) conduct an investigation to determine whether such
finding of death should be upheld or such person should be
placed in a missing status; and
``(B) issue a report describing its recommendations and
findings.
``(3) If a board of further inquiry convened under this subsection
recommends continuing the missing status of a missing person or placing
a missing person previously found to be dead in a missing status, the
Secretary concerned shall reconvene such board to review the missing
status of such person not later than three years after such
recommendation is made.
``(d) Composition and Meetings of Boards.--(1) Each board convened
under subsection (b) or (c) shall be composed of members of the armed
forces on active duty (except as provided in subparagraph (C)) and
shall include--
``(A) one attorney;
``(B) one person who is a member of the armed forces whose
primary military occupational specialty is the same
occupational specialty as that of the missing person at the
time of such missing person's disappearance;
``(C) if the missing person being investigated is a
civilian, one person whose occupational specialty is similar to
the occupational specialty of such missing person at the time
of such missing person's disappearance; and
``(D) if the missing person being investigated disappeared
while in transit, one person who is a member of the armed
forces whose military occupational specialty pertains to the
piloting, navigating, or operating of the mode of
transportation used by such missing person at the time of his
disappearance.
``(2) The Secretary concerned shall invite each member of the
immediate family of the missing person being investigated to attend any
meeting of a board of initial inquiry convened under subsection (b)
unless he determines, in consultation with the commander of the
military installation at which such meeting is convened, that
attendance at such a meeting would place such family members in
physical danger. In the case of the meetings of a board of further
inquiry convened or reconvened under subsection (c), the Secretary
concerned shall--
``(A) invite each member of the immediate family of such
missing person to attend such meetings;
``(B) attempt to schedule such meetings at locations and
times convenient for the members of the immediate family of
such missing person;
``(C) provide members of the immediate family of such
missing person with reasonable notice of the time and location
of such meetings; and
``(D) open such meetings to the general public.
``(3) Each board convened under subsection (b) or (c) may hold such
meetings, take such testimony, and receive such evidence as it
considers appropriate, and may secure directly from any department or
agency of the United States any information necessary to carry out its
duties under this section.
``(e) Appointment of Counsel.--The officer or Secretary concerned
who convenes a board under subsection (b) or (c) shall appoint counsel
to represent the missing person. Counsel appointed under this
subsection shall have the qualifications prescribed under section
827(b) of this title (article 27(b) of the Uniform Code of Military
Justice).
``(f) Determinations of Death.--If a board convened under
subsection (b) or (c) determines that a missing person is dead, it
shall include in its report a detailed description of the location
where the death occurred, the date on which the death occurred, whether
the body has been recovered, and, if the body has been recovered,
whether a licensed practitioner of forensic medicine determined that
the body recovered is that of the missing person. No missing person may
be declared dead by a board convened under subsection (a) unless--
``(1) evidence other than the passage of a period of time
of less than 50 years exists which suggests that the person is
dead;
``(2) no evidence which reasonably suggests that such
person is alive is in the possession of the Federal Government;
``(3) representatives of the Federal Government have made a
complete search of the area where such person was last seen
(unless, after making every good faith effort to obtain access
to such area, the United States is not granted such access);
and
``(4) representatives of the Federal Government have
examined the records of the government or entity having control
over the area where such person was last seen (unless, after
making every good faith effort to obtain access to such
records, the United States is not granted such access).
``(g) Judicial Review.--(1) Any member of the immediate family of a
missing person who was found by a board convened under subsection (b)
or (c)(1) to be dead, or the finding of whose death was upheld by a
board convened under subsection (c)(2), may obtain a review of such
finding in the court of appeals of the United States within the circuit
where such member resides or where the finding of death was made or
upheld. Such family member may obtain such review if, at any time after
receiving notice of such finding, the family member files in the court
a written petition requesting that the finding be set aside.
``(2) The decision of the court of appeals shall be final, except
that it shall be subject to review by the Supreme Court upon
certiorari, as provided in section 1254 of title 28.
``(3) If the court of appeals sets aside the finding of death and
if--
``(A) the time allowed for filing a petition for certiorari
has expired and no such petition has been duly filed;
``(B) the petition for certiorari has been denied; or
``(C) the decision of the court of appeals has been
affirmed by the Supreme Court;
the Secretary concerned shall convene a board of further inquiry under
subsection (c)(2) to review the missing person's status not later than
three years after the date on which the finding is set aside, the
petition for certiorari is denied, or the Supreme Court affirms the
decision of the court of appeals.
``(h) Personnel Files.--(1) Except as provided in paragraph (2),
the Secretary concerned shall ensure that a missing person's personnel
file contains all information in the possession of Federal departments
and agencies pertaining to the disappearance or whereabouts of such
person.
``(2) If classified information is withheld from the personnel file
of a missing person, the Secretary concerned shall ensure that the
file--
``(A) contains a notice that the information exists; and
``(B) contains a notice of the date of the most recent
review of the classification status of the information.
``(3) Any person who knowingly and willfully withholds information
pertaining to the disappearance or whereabouts of a missing person from
that person's personnel file shall be fined as provided in title 18 or
imprisoned not more than one year, or both.
``(4) The Secretary concerned shall make the contents of the
personnel file of a missing person available to a member of the
immediate family of such person upon the written request of such family
member.
``(i) Effect on State Law.--Nothing in this section shall be
construed to invalidate or limit the power of any State court or
administrative entity, or the power of any court or administrative
entity of any political subdivision thereof, to find or declare a
person dead for purposes of the law of such State or political
subdivision.
``(j) Definitions.--In this section:
``(1) The term `member of the immediate family' means the
spouse, each adopted or natural child, each parent, and each
sibling.
``(2) The term `military installation' means a base, camp,
post, station, yard, center, or other activity under the
jurisdiction of the Secretary of a military department.
``(3) The term `missing person' means--
``(A) a member of the armed forces on active duty
who is missing; or
``(B) a civilian officer or employee serving with
or accompanying an armed force under orders who is
missing.
``(4) The term `missing status' means the status of a
missing person who is determined to be absent in a status of--
``(A) missing;
``(B) missing in action;
``(C) interned in a foreign country;
``(D) captured, beleaguered, or besieged by a
hostile force; or
``(E) detained in a foreign country against his
will.
``(5) The term `State' means any State, the District of
Columbia, the Commonwealth of Puerto Rico, and any territory or
possession of the United States.''.
SEC. 4. CONFORMING AND CLERICAL AMENDMENTS.
(a) Conforming Amendments.--(1) Section 555 of title 37, United
States Code, is repealed.
(2) Chapter 10 of title 37, United States Code, is amended--
(A) in the last sentence of section 552(a), by striking the
second comma and all that follows and inserting a period;
(B) in the second sentence of section 552(b)(2), by
striking the hyphen and all that follows and inserting ``that
his death is determined under section 1057 of title 10'';
(C) in section 552(e), by striking ``section 555 of this
title'' and inserting ``section 1057 of title 10'';
(D) in section 553(f)--
(i) by striking ``When the Secretary concerned''
and inserting ``When a board convened under section
1057 of title 10''; and
(ii) by striking ``the Secretary concerned receives
evidence'' and inserting ``a board convened under
section 1057 of title 10 reports'';
(E) in section 553(g) by striking ``section 555 of this
title'' and inserting ``section 1057 of title 10'';
(F) in section 556(a)--
(i) by inserting ``and'' at the end of paragraph
(3);
(ii) by striking the semicolon at the end of
paragraph (4) and inserting a period; and
(iii) by striking paragraphs (1), (5), (6), and (7)
and redesignating paragraphs (2), (3), and (4) as
paragraphs (1), (2), and (3), respectively;
(G) in section 556(h)--
(i) by striking ``status'' and inserting ``pay'';
and
(ii) by striking the second sentence;
(H) in section 556, by striking subsection (b) and
redesignating subsections (c), (d), (e), (f), (g), and (h) as
subsections (b), (c), (d), (e), (f), and (g), respectively;
(I) in paragraph (1) of section 557(a), by striking ``,
553, and 555'' and inserting ``and 553''; and
(J) in paragraph (4)(B) of section 559(a), by striking
``556(f)'' and inserting ``556(e)''.
(b) Clerical Amendments.--(1) The table of sections at the
beginning of chapter 53 of title 10, United States Code, is amended by
adding at the end the following new item:
``1058. Missing persons: informal investigations; boards of inquiry;
determinations of death; personnel
files.''.
(2) The table of sections at the beginning of chapter 10 of title
37, United States Code, is amended by striking the item relating to
section 555. | Missing Service Personnel Act of 1993 - Requires the responsible armed forces commander, after receiving notice that a person under his command is missing, to conduct an informal investigation to determine such person's whereabouts and, if appropriate, to place such person in a missing status.
Provides for the convening of boards of inquiry to: (1) investigate evidence relating to the disappearance of a person; (2) recommend whether to continue such person in a missing status or make a finding that such person has deserted, is absent without leave, or is dead; and (3) report its recommendations and findings.
Provides for the convening of a board of further inquiry, if a board of initial inquiry recommends that such person be continued in a missing status.
Directs the Secretary concerned, upon the written request of a member of the immediate family of a missing person who, before the date of the enactment of this Act, was determined by the Secretary to be dead, to: (1) convene a board of further inquiry to determine whether such finding of death should be upheld or such person should be placed in a missing status; and (2) report its findings.
Requires the Secretary, within three years after a board of further inquiry recommends a missing status for any person, to reconvene such board to review such status.
Directs the Secretary to invite each member of the immediate family of the missing person to board meetings unless attendance would place such member in danger. Prohibits any such board from declaring a missing person dead unless: (1) evidence other than the passage of a period of fewer than 50 years suggests that such person is dead; (2) no evidence which reasonably suggests that such person is alive is in the possession of the Government; (3) Government representatives have made a complete search of the area where such person was last seen (unless the United States is not granted access to such area); and (4) Government representatives have checked the records of the government or entity having control over the area where such person was last seen (unless the Government is not granted access to such records).
Provides for judicial review of determinations of death.
Sets forth penalties for knowingly withholding information pertaining to a missing person from that person's personnel file. Requires the Secretary concerned to make the contents of such file available to a member of the immediate family of such person upon written request. | {"src": "billsum_train", "title": "Missing Service Personnel Act of 1993"} | 3,368 | 517 | 0.737337 | 2.522282 | 0.707781 | 5.372632 | 6.789474 | 0.955789 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National Pain Care
Policy Act of 2009''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Institute of Medicine Conference on Pain.
Sec. 3. Pain research at National Institutes of Health.
Sec. 4. Pain care education and training.
Sec. 5. Public awareness campaign on pain management.
SEC. 2. INSTITUTE OF MEDICINE CONFERENCE ON PAIN.
(a) Convening.--Not later than June 30, 2010, the Secretary of
Health and Human Services shall seek to enter into an agreement with
the Institute of Medicine of the National Academies to convene a
Conference on Pain (in this section referred to as ``the Conference'').
(b) Purposes.--The purposes of the Conference shall be to--
(1) increase the recognition of pain as a significant
public health problem in the United States;
(2) evaluate the adequacy of assessment, diagnosis,
treatment, and management of acute and chronic pain in the
general population, and in identified racial, ethnic, gender,
age, and other demographic groups that may be
disproportionately affected by inadequacies in the assessment,
diagnosis, treatment, and management of pain;
(3) identify barriers to appropriate pain care, including--
(A) lack of understanding and education among
employers, patients, health care providers, regulators,
and third-party payors;
(B) barriers to access to care at the primary,
specialty, and tertiary care levels, including
barriers--
(i) specific to those populations that are
disproportionately undertreated for pain;
(ii) related to physician concerns over
regulatory and law enforcement policies
applicable to some pain therapies; and
(iii) attributable to benefit, coverage,
and payment policies in both the public and
private sectors; and
(C) gaps in basic and clinical research on the
symptoms and causes of pain, and potential assessment
methods and new treatments to improve pain care; and
(4) establish an agenda for action in both the public and
private sectors that will reduce such barriers and
significantly improve the state of pain care research,
education, and clinical care in the United States.
(c) Other Appropriate Entity.--If the Institute of Medicine
declines to enter into an agreement under subsection (a), the Secretary
of Health and Human Services may enter into such agreement with another
appropriate entity.
(d) Report.--A report summarizing the Conference's findings and
recommendations shall be submitted to the Congress not later than June
30, 2011.
(e) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $500,000 for
each of fiscal years 2010 and 2011.
SEC. 3. PAIN RESEARCH AT NATIONAL INSTITUTES OF HEALTH.
Part B of title IV of the Public Health Service Act (42 U.S.C. 284
et seq.) is amended by adding at the end the following:
``SEC. 409J. PAIN RESEARCH.
``(a) Research Initiatives.--
``(1) In general.--The Director of NIH is encouraged to
continue and expand, through the Pain Consortium, an aggressive
program of basic and clinical research on the causes of and
potential treatments for pain.
``(2) Annual recommendations.--Not less than annually, the
Pain Consortium, in consultation with the Division of Program
Coordination, Planning, and Strategic Initiatives, shall
develop and submit to the Director of NIH recommendations on
appropriate pain research initiatives that could be undertaken
with funds reserved under section 402A(c)(1) for the Common
Fund or otherwise available for such initiatives.
``(3) Definition.--In this subsection, the term `Pain
Consortium' means the Pain Consortium of the National
Institutes of Health or a similar trans-National Institutes of
Health coordinating entity designated by the Secretary for
purposes of this subsection.
``(b) Interagency Pain Research Coordinating Committee.--
``(1) Establishment.--The Secretary shall establish not
later than 1 year after the date of the enactment of this
section and as necessary maintain a committee, to be known as
the Interagency Pain Research Coordinating Committee (in this
section referred to as the `Committee'), to coordinate all
efforts within the Department of Health and Human Services and
other Federal agencies that relate to pain research.
``(2) Membership.--
``(A) In general.--The Committee shall be composed
of the following voting members:
``(i) Not more than 7 voting Federal
representatives as follows:
``(I) The Director of the Centers
for Disease Control and Prevention.
``(II) The Director of the National
Institutes of Health and the directors
of such national research institutes
and national centers as the Secretary
determines appropriate.
``(III) The heads of such other
agencies of the Department of Health
and Human Services as the Secretary
determines appropriate.
``(IV) Representatives of other
Federal agencies that conduct or
support pain care research and
treatment, including the Department of
Defense and the Department of Veterans
Affairs.
``(ii) 12 additional voting members
appointed under subparagraph (B).
``(B) Additional members.--The Committee shall
include additional voting members appointed by the
Secretary as follows:
``(i) 6 members shall be appointed from
among scientists, physicians, and other health
professionals, who--
``(I) are not officers or employees
of the United States;
``(II) represent multiple
disciplines, including clinical, basic,
and public health sciences;
``(III) represent different
geographical regions of the United
States; and
``(IV) are from practice settings,
academia, manufacturers or other
research settings; and
``(ii) 6 members shall be appointed from
members of the general public, who are
representatives of leading research, advocacy,
and service organizations for individuals with
pain-related conditions.
``(C) Nonvoting members.--The Committee shall
include such nonvoting members as the Secretary
determines to be appropriate.
``(3) Chairperson.--The voting members of the Committee
shall select a chairperson from among such members. The
selection of a chairperson shall be subject to the approval of
the Director of NIH.
``(4) Meetings.--The Committee shall meet at the call of
the chairperson of the Committee or upon the request of the
Director of NIH, but in no case less often than once each year.
``(5) Duties.--The Committee shall--
``(A) develop a summary of advances in pain care
research supported or conducted by the Federal agencies
relevant to the diagnosis, prevention, and treatment of
pain and diseases and disorders associated with pain;
``(B) identify critical gaps in basic and clinical
research on the symptoms and causes of pain;
``(C) make recommendations to ensure that the
activities of the National Institutes of Health and
other Federal agencies, including the Department of
Defense and the Department of Veteran Affairs, are free
of unnecessary duplication of effort;
``(D) make recommendations on how best to
disseminate information on pain care; and
``(E) make recommendations on how to expand
partnerships between public entities, including Federal
agencies, and private entities to expand collaborative,
cross-cutting research.
``(6) Review.--The Secretary shall review the necessity of
the Committee at least once every 2 years.''.
SEC. 4. PAIN CARE EDUCATION AND TRAINING.
Part D of title VII of the Public Health Service Act (42 U.S.C. 294
et seq.) is amended by adding at the end the following new section:
``SEC. 759. PROGRAM FOR EDUCATION AND TRAINING IN PAIN CARE.
``(a) In General.--The Secretary may make awards of grants,
cooperative agreements, and contracts to health professions schools,
hospices, and other public and private entities for the development and
implementation of programs to provide education and training to health
care professionals in pain care.
``(b) Priorities.--In making awards under subsection (a), the
Secretary shall give priority to awards for the implementation of
programs under such subsection.
``(c) Certain Topics.--An award may be made under subsection (a)
only if the applicant for the award agrees that the program carried out
with the award will include information and education on--
``(1) recognized means for assessing, diagnosing, treating,
and managing pain and related signs and symptoms, including the
medically appropriate use of controlled substances;
``(2) applicable laws, regulations, rules, and policies on
controlled substances, including the degree to which
misconceptions and concerns regarding such laws, regulations,
rules, and policies, or the enforcement thereof, may create
barriers to patient access to appropriate and effective pain
care;
``(3) interdisciplinary approaches to the delivery of pain
care, including delivery through specialized centers providing
comprehensive pain care treatment expertise;
``(4) cultural, linguistic, literacy, geographic, and other
barriers to care in underserved populations; and
``(5) recent findings, developments, and improvements in
the provision of pain care.
``(d) Program Sites.--Education and training under subsection (a)
may be provided at or through health professions schools, residency
training programs, and other graduate programs in the health
professions; entities that provide continuing education in medicine,
pain management, dentistry, psychology, social work, nursing, and
pharmacy; hospices; and such other programs or sites as the Secretary
determines to be appropriate.
``(e) Evaluation of Programs.--The Secretary shall (directly or
through grants or contracts) provide for the evaluation of programs
implemented under subsection (a) in order to determine the effect of
such programs on knowledge and practice of pain care.
``(f) Peer Review Groups.--In carrying out section 799(f) with
respect to this section, the Secretary shall ensure that the membership
of each peer review group involved includes individuals with expertise
and experience in pain care.
``(g) Pain Care Defined.--For purposes of this section the term
`pain care' means the assessment, diagnosis, treatment, or management
of acute or chronic pain regardless of causation or body location.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $5,000,000 for each of the
fiscal years 2010 through 2012. Amounts appropriated under this
subsection shall remain available until expended.''.
SEC. 5. PUBLIC AWARENESS CAMPAIGN ON PAIN MANAGEMENT.
Part B of title II of the Public Health Service Act (42 U.S.C. 238
et seq.) is amended by adding at the end the following:
``SEC. 249. NATIONAL EDUCATION OUTREACH AND AWARENESS CAMPAIGN ON PAIN
MANAGEMENT.
``(a) Establishment.--Not later than June 30, 2010, the Secretary
shall establish and implement a national pain care education outreach
and awareness campaign described in subsection (b).
``(b) Requirements.--The Secretary shall design the public
awareness campaign under this section to educate consumers, patients,
their families, and other caregivers with respect to--
``(1) the incidence and importance of pain as a national
public health problem;
``(2) the adverse physical, psychological, emotional,
societal, and financial consequences that can result if pain is
not appropriately assessed, diagnosed, treated, or managed;
``(3) the availability, benefits, and risks of all pain
treatment and management options;
``(4) having pain promptly assessed, appropriately
diagnosed, treated, and managed, and regularly reassessed with
treatment adjusted as needed;
``(5) the role of credentialed pain management specialists
and subspecialists, and of comprehensive interdisciplinary
centers of treatment expertise;
``(6) the availability in the public, nonprofit, and
private sectors of pain management-related information,
services, and resources for consumers, employers, third-party
payors, patients, their families, and caregivers, including
information on--
``(A) appropriate assessment, diagnosis, treatment,
and management options for all types of pain and pain-
related symptoms; and
``(B) conditions for which no treatment options are
yet recognized; and
``(7) other issues the Secretary deems appropriate.
``(c) Consultation.--In designing and implementing the public
awareness campaign required by this section, the Secretary shall
consult with organizations representing patients in pain and other
consumers, employers, physicians including physicians specializing in
pain care, other pain management professionals, medical device
manufacturers, and pharmaceutical companies.
``(d) Coordination.--
``(1) Lead official.--The Secretary shall designate one
official in the Department of Health and Human Services to
oversee the campaign established under this section.
``(2) Agency coordination.--The Secretary shall ensure the
involvement in the public awareness campaign under this section
of the Surgeon General of the Public Health Service, the
Director of the Centers for Disease Control and Prevention, and
such other representatives of offices and agencies of the
Department of Health and Human Services as the Secretary
determines appropriate.
``(e) Underserved Areas and Populations.--In designing the public
awareness campaign under this section, the Secretary shall--
``(1) take into account the special needs of geographic
areas and racial, ethnic, gender, age, and other demographic
groups that are currently underserved; and
``(2) provide resources that will reduce disparities in
access to appropriate diagnosis, assessment, and treatment.
``(f) Grants and Contracts.--The Secretary may make awards of
grants, cooperative agreements, and contracts to public agencies and
private nonprofit organizations to assist with the development and
implementation of the public awareness campaign under this section.
``(g) Evaluation and Report.--Not later than the end of fiscal year
2012, the Secretary shall prepare and submit to the Congress a report
evaluating the effectiveness of the public awareness campaign under
this section in educating the general public with respect to the
matters described in subsection (b).
``(h) Authorization of Appropriations.--For purposes of carrying
out this section, there are authorized to be appropriated $2,000,000
for fiscal year 2010 and $4,000,000 for each of fiscal years 2011 and
2012.''. | National Pain Care Policy Act of 2009 - Requires the Secretary of Health and Human Services to seek an agreement with the Institute of Medicine to convene a Conference on Pain to: (1) increase the recognition of pain as a significant public health problem in the United States; (2) evaluate the adequacy of assessment, diagnosis, treatment, and management of acute and chronic pain; (3) identify barriers to appropriate pain care; and (4) establish an agenda to reduce such barriers and significantly improve the state of pain care research, education, and clinical care in the United States. Allows the Secretary to enter into an agreement with another appropriate entity if the Institute of Medicine declines.
Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to continue and expand, through the Pain Consortium, an aggressive program of basic and clinical research on the causes of and potential treatments for pain. Requires the Pain Consortium to develop and make recommendations on appropriate pain research initiatives.
Requires the Secretary to establish the Interagency Pain Research Coordinating Committee to: (1) develop a summary of advances in federal pain care research relevant to the diagnosis, prevention, and treatment of pain and diseases and disorders associated with pain; and (2) identify critical gaps in basic and clinical research on the symptoms and causes of pain.
Allows the Secretary to provide for education and training to health care professionals in pain care.
Requires the Secretary to establish and implement a national pain care education outreach and awareness campaign to educate consumers, patients, their families, and other caregivers. | {"src": "billsum_train", "title": "A bill to amend the Public Health Service Act with respect to pain care."} | 3,155 | 330 | 0.658852 | 2.062951 | 1.024418 | 6.096774 | 9.670968 | 0.974194 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Combating Terrorism Financing Act of
2005''.
SEC. 2. INCREASED PENALTIES FOR TERRORISM FINANCING.
Section 206 of the International Emergency Economic Powers Act (50
U.S.C. 1705) is amended--
(1) in subsection (a), by deleting ``$10,000'' and
inserting ``$50,000''; and
(2) in subsection (b), by deleting ``ten years'' and
inserting ``twenty years''.
SEC. 3. TERRORISM-RELATED SPECIFIED ACTIVITIES FOR MONEY LAUNDERING.
(a) Amendments to RICO.--Section 1961(1) of title 18, United States
Code, is amended--
(1) in subparagraph (B), by inserting ``section 1960
(relating to illegal money transmitters),'' before ``sections
2251''; and
(2) in subparagraph (F), by inserting ``section 274A
(relating to unlawful employment of aliens),'' before ``section
277''.
(b) Amendments to Section 1956(c)(7).--Section 1956(c)(7)(D) of
title 18, United States Code, is amended by--
(1) inserting ``, or section 2339C (relating to financing
of terrorism)'' before ``of this title''; and
(2) striking ``or any felony violation of the Foreign
Corrupt Practices Act'' and inserting ``any felony violation of
the Foreign Corrupt Practices Act, or any violation of section
208 of the Social Security Act (relating to obtaining funds
through misuse of a social security number)''.
(c) Conforming Amendments to Sections 1956(e) and 1957(e).--
(1) Section 1956(e) of title 18, United States Code, is
amended to read as follows:
``(e) Violations of this section may be investigated by such
components of the Department of Justice as the Attorney General may
direct, and by such components of the Department of the Treasury as the
Secretary of the Treasury may direct, as appropriate, and, with respect
to offenses over which the Department of Homeland Security has
jurisdiction, by such components of the Department of Homeland Security
as the Secretary of Homeland Security may direct, and, with respect to
offenses over which the United States Postal Service has jurisdiction,
by the Postal Service. Such authority of the Secretary of the Treasury,
the Secretary of Homeland Security, and the Postal Service shall be
exercised in accordance with an agreement which shall be entered into
by the Secretary of the Treasury, the Secretary of Homeland Security,
the Postal Service, and the Attorney General. Violations of this
section involving offenses described in paragraph (c)(7)(E) may be
investigated by such components of the Department of Justice as the
Attorney General may direct, and the National Enforcement
Investigations Center of the Environmental Protection Agency.''.
(2) Section 1957(e) of title 18, United States Code, is
amended to read as follows:
``(e) Violations of this section may be investigated by such
components of the Department of Justice as the Attorney General may
direct, and by such components of the Department of the Treasury as the
Secretary of the Treasury may direct, as appropriate, and, with respect
to offenses over which the Department of Homeland Security has
jurisdiction, by such components of the Department of Homeland Security
as the Secretary of Homeland Security may direct, and, with respect to
offenses over which the United States Postal Service has jurisdiction,
by the Postal Service. Such authority of the Secretary of the Treasury,
the Secretary of Homeland Security, and the Postal Service shall be
exercised in accordance with an agreement which shall be entered into
by the Secretary of the Treasury, the Secretary of Homeland Security,
the Postal Service, and the Attorney General.''.
SEC. 4. ASSETS OF PERSONS COMMITTING TERRORIST ACTS AGAINST FOREIGN
COUNTRIES OR INTERNATIONAL ORGANIZATIONS.
Section 981(a)(1)(G) of title 18, United States Code, is amended--
(1) by striking ``or'' at the end of clause (ii);
(2) by striking the period at the end of clause (iii) and
inserting ``; or''; and
(3) by inserting the following after clause (iii):
``(iv) of any individual, entity, or
organization engaged in planning or
perpetrating any act of international terrorism
(as defined in section 2331) against any
international organization (as defined in
section 209 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 4309(b)) or
against any foreign Government. Where the
property sought for forfeiture is located
beyond the territorial boundaries of the United
States, an act in furtherance of such planning
or perpetration must have occurred within the
jurisdiction of the United States.''.
SEC. 5. MONEY LAUNDERING THROUGH HAWALAS.
Section 1956 of title 18, United States Code, is amended by adding
at the end the following:
``(j)(1) For the purposes of subsections (a)(1) and (a)(2), a
transaction, transportation, transmission, or transfer of funds shall
be considered to be one involving the proceeds of specified unlawful
activity, if the transaction, transportation, transmission, or transfer
is part of a set of parallel or dependent transactions, any one of
which involves the proceeds of specified unlawful activity.
``(2) As used in this section, a `dependent transaction' is one
that completes or complements another transaction or one that would not
have occurred but for another transaction.''.
SEC. 6. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO THE USA PATRIOT
ACT.
(a) Technical Corrections.--
(1) Section 322 of Public Law 107-56 is amended by striking
``title 18'' and inserting ``title 28''.
(2) Section 5332(a)(1) of title 31, United States Code, is
amended by striking ``article of luggage'' and inserting
``article of luggage or mail''.
(3) Section 1956(b)(3) and (4) of title 18, United States
Code, are amended by striking ``described in paragraph (2)''
each time it appears.
(4) Section 981(k) of title 18, United States Code, is
amended by striking ``foreign bank'' each time it appears and
inserting ``foreign bank or financial institution''.
(b) Codification of Section 316 of the USA PATRIOT Act.--
(1) Chapter 46 of title 18, United States Code, is
amended--
(A) by inserting at the end the following:
``Sec. 987. Anti-terrorist forfeiture protection
``(a) Right to Contest.--An owner of property that is confiscated
under this chapter or any other provision of law relating to the
confiscation of assets of suspected international terrorists, may
contest that confiscation by filing a claim in the manner set forth in
the Federal Rules of Civil Procedure (Supplemental Rules for Certain
Admiralty and Maritime Claims), and asserting as an affirmative defense
that--
``(1) the property is not subject to confiscation under
such provision of law; or
``(2) the innocent owner provisions of section 983(d) apply
to the case.
``(b) Evidence.--In considering a claim filed under this section, a
court may admit evidence that is otherwise inadmissible under the
Federal Rules of Evidence, if the court determines that the evidence is
reliable, and that compliance with the Federal Rules of Evidence may
jeopardize the national security interests of the United States.
``(c) Clarifications.--
``(1) Protection of rights.--The exclusion of certain
provisions of Federal law from the definition of the term
`civil forfeiture statute' in section 983(i) shall not be
construed to deny an owner of property the right to contest the
confiscation of assets of suspected international terrorists
under--
``(A) subsection (a) of this section;
``(B) the Constitution; or
``(C) subchapter II of chapter 5 of title 5, United
States Code (commonly known as the `Administrative
Procedure Act').
``(2) Savings clause.--Nothing in this section shall limit
or otherwise affect any other remedies that may be available to
an owner of property under section 983 or any other provision
of law.''; and
(B) in the chapter analysis, by inserting at the
end the following:
``987. Anti-terrorist forfeiture protection.''.
(2) Subsections (a), (b), and (c) of section 316 of Public
Law 107-56 are repealed.
(c) Conforming Amendments Concerning Conspiracies.--
(1) Section 33(a) of title 18, United States Code is
amended by inserting ``or conspires'' before ``to do any of the
aforesaid acts''.
(2) Section 1366(a) of title 18, United States Code, is
amended--
(A) by striking ``attempts'' each time it appears
and inserting ``attempts or conspires''; and
(B) by inserting ``, or if the object of the
conspiracy had been achieved,'' after ``the attempted
offense had been completed''.
SEC. 7. TECHNICAL CORRECTIONS TO FINANCING OF TERRORISM STATUTE.
Section 2332b(g)(5)(B) of title 18, United States Code, is amended
by inserting ``)'' after ``2339C (relating to financing of terrorism''.
SEC. 8. CROSS REFERENCE CORRECTION.
Section 5318(n)(4)(A) of title 31, United States Code, is amended
by striking ``National Intelligence Reform Act of 2004'' and inserting
``Intelligence Reform and Terrorism Prevention Act of 2004''.
SEC. 9. AMENDMENT TO AMENDATORY LANGUAGE.
Section 6604 of the Intelligence Reform and Terrorism Prevention
Act of 2004 is amended [,effective on the date of the enactment of that
Act]--
(1) by striking ``Section 2339c(c)(2)'' and inserting
``Section 2339C(c)(2)''; and
(2) by striking ``Section 2339c(e)'' and inserting
``Section 2339C(e)''.
SEC. 10. DESIGNATION OF ADDITIONAL MONEY LAUNDERING PREDICATE.
Section 1956(c)(7)(D) of title 18, United States Code, is
amended--
(1) by inserting ``, or section 2339D (relating to
receiving military-type training from a foreign terrorist
organization)'' after ``section 2339A or 2339B (relating to
providing material support to terrorists)''; and
(2) by striking ``or'' before ``section 2339A or 2339B''. | Combating Terrorism Financing Act of 2005 - Amends the International Emergency Economic Powers Act to increase penalties for violating a license, order, or regulation under the Act.
Amends the Racketeer Influenced and Corrupt Organizations Act (RICO) to expand its scope to include offenses relating to the financing of terrorism and violations of the Social Security Act relating to obtaining funds through the misuse of a social security number. Authorizes the Department of Homeland Security to investigate violations of money laundering and related offenses. Directs that a transaction or transfer of funds be considered to involve the proceeds of specified unlawful activity if it is part of a set of parallel or dependent transactions involving such proceeds.
Amends the federal criminal code to: (1) provide for civil forfeiture to the United States of the assets of any individual or organization engaged in planning or perpetrating an act of international terrorism against any international organization or against any foreign government; and (2) establish procedures for contesting the confiscation of assets of suspected international terrorists.
Amends RICO to make receiving military-type training from a foreign terrorist organization a predicate offense to violation of money laundering provisions. | {"src": "billsum_train", "title": "To combat terrorism financing, and for other purposes."} | 2,510 | 260 | 0.537896 | 1.504538 | 0.74718 | 3.116822 | 10.126168 | 0.873832 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Employee Free Choice Act''.
SEC. 2. STREAMLINING UNION CERTIFICATION.
(a) In General.--Section 9(c) of the National Labor Relations Act
(29 U.S.C. 159(c)) is amended by adding at the end the following:
``(6) Notwithstanding any other provision of this section, whenever
a petition shall have been filed by an employee or group of employees
or any individual or labor organization acting in their behalf alleging
that a majority of employees in a unit appropriate for the purposes of
collective bargaining wish to be represented by an individual or labor
organization for such purposes, the Board shall investigate the
petition. If the Board finds that a majority of the employees in a unit
appropriate for bargaining has signed authorizations designating the
individual or labor organization specified in the petition as their
bargaining representative and that no other individual or labor
organization is currently certified or recognized as the exclusive
representative of any of the employees in the unit, the Board shall not
direct an election but shall certify the individual or labor
organization as the representative described in subsection (a).
``(7) The Board shall develop guidelines and procedures for the
designation by employees of a bargaining representative in the manner
described in paragraph (6). Such guidelines and procedures shall
include--
``(A) model collective bargaining authorization language
that may be used for purposes of making the designations
described in paragraph (6); and
``(B) procedures to be used by the Board to establish the
authenticity of signed authorizations designating bargaining
representatives.''.
(b) Conforming Amendments.--
(1) National labor relations board.--Section 3(b) of the
National Labor Relations Act (29 U.S.C. 153(b)) is amended, in
the second sentence--
(A) by striking ``and to'' and inserting ``to'';
and
(B) by striking ``and certify the results
thereof,'' and inserting ``, and to issue
certifications as provided for in that section,''.
(2) Unfair labor practices.--Section 8(b) of the National
Labor Relations Act (29 U.S.C. 158(b)) is amended--
(A) in paragraph (7)(B) by striking ``, or'' and
inserting ``or a petition has been filed under section
9(c)(6), or''; and
(B) in paragraph (7)(C) by striking ``when such a
petition has been filed'' and inserting ``when such a
petition other than a petition under section 9(c)(6)
has been filed''.
SEC. 3. FACILITATING INITIAL COLLECTIVE BARGAINING AGREEMENTS.
Section 8 of the National Labor Relations Act (29 U.S.C. 158) is
amended by adding at the end the following:
``(h) Whenever collective bargaining is for the purpose of
establishing an initial agreement following certification or
recognition, the provisions of subsection (d) shall be modified as
follows:
``(1) Not later than 10 days after receiving a written
request for collective bargaining from an individual or labor
organization that has been newly organized or certified as a
representative as defined in section 9(a), or within such
further period as the parties agree upon, the parties shall
meet and commence to bargain collectively and shall make every
reasonable effort to conclude and sign a collective bargaining
agreement.
``(2) If after the expiration of the 90-day period
beginning on the date on which bargaining is commenced, or such
additional period as the parties may agree upon, the parties
have failed to reach an agreement, either party may notify the
Federal Mediation and Conciliation Service of the existence of
a dispute and request mediation. Whenever such a request is
received, it shall be the duty of the Service promptly to put
itself in communication with the parties and to use its best
efforts, by mediation and conciliation, to bring them to
agreement.
``(3) If after the expiration of the 30-day period
beginning on the date on which the request for mediation is
made under paragraph (2), or such additional period as the
parties may agree upon, the Service is not able to bring the
parties to agreement by conciliation, the Service shall refer
the dispute to an arbitration board established in accordance
with such regulations as may be prescribed by the Service. The
arbitration panel shall render a decision settling the dispute
and such decision shall be binding upon the parties for a
period of 2 years, unless amended during such period by written
consent of the parties.''.
SEC. 4. STRENGTHENING ENFORCEMENT.
(a) Injunctions Against Unfair Labor Practices During Organizing
Drives.--
(1) In general.--Section 10(l) of the National Labor
Relations Act (29 U.S.C. 160(l)) is amended--
(A) in the second sentence, by striking ``If, after
such'' and inserting the following:
``(2) If, after such''; and
(B) by striking the first sentence and inserting
the following:
``(1) Whenever it is charged--
``(A) that any employer--
``(i) discharged or otherwise discriminated against
an employee in violation of subsection (a)(3) of
section 8;
``(ii) threatened to discharge or to otherwise
discriminate against an employee in violation of
subsection (a)(1) of section 8; or
``(iii) engaged in any other unfair labor practice
within the meaning of subsection (a)(1) that
significantly interferes with, restrains, or coerces
employees in the exercise of the rights guaranteed in
section 7;
while employees of that employer were seeking representation by
a labor organization or during the period after a labor
organization was recognized as a representative defined in
section 9(a) until the first collective bargaining contract is
entered into between the employer and the representative; or
``(B) that any person has engaged in an unfair labor
practice within the meaning of subparagraph (A), (B) or (C) of
section 8(b)(4), section 8(e), or section 8(b)(7);
the preliminary investigation of such charge shall be made
forthwith and given priority over all other cases except cases
of like character in the office where it is filed or to which
it is referred.''.
(2) Conforming amendment.--Section 10(m) of the National
Labor Relations (29 U.S.C. 160(m)) is amended by inserting
``under circumstances not subject to section 10(l)'' after
``section 8''.
(b) Remedies for Violations.--
(1) Backpay.--Section 10(c) of the National Labor Relations
Act (29 U.S.C. 160(c)) is amended by striking ``And provided
further,'' and inserting ``Provided further, That if the Board
finds that an employer has discriminated against an employee in
violation of subsection (a)(3) of section 8 while employees of
the employer were seeking representation by a labor
organization, or during the period after a labor organization
was recognized as a representative defined in subsection (a) of
section 9 until the first collective bargaining contract was
entered into between the employer and the representative, the
Board in such order shall award the employee back pay and, in
addition, 2 times that amount as liquidated damages: Provided
further,''.
(2) Civil penalties.--Section 12 of the National Labor
Relations Act (29 U.S.C. 162) is amended--
(A) by striking ``Any'' and inserting ``(a) Any'';
and
(B) by adding at the end the following:
``(b) Any employer who willfully or repeatedly commits any unfair
labor practice within the meaning of subsections (a)(1) or (a)(3) of
section 8 while employees of the employer are seeking representation by
a labor organization or during the period after a labor organization
has been recognized as a representative defined in subsection (a) of
section 9 until the first collective bargaining contract is entered
into between the employer and the representative shall, in addition to
any make-whole remedy ordered, be subject to a civil penalty of not to
exceed $20,000 for each violation. In determining the amount of any
penalty under this section, the Board shall consider the gravity of the
unfair labor practice and the impact of the unfair labor practice on
the charging party, on other persons seeking to exercise rights
guaranteed by this Act, or on the public interest.''. | Employee Free Choice Act - Amends the National Labor Relations Act to require the National Labor Relations Board to certify a bargaining representative without directing an election if a majority of the bargaining unit employees have authorized designation of the representative and there is no other individual or labor organization currently certified or recognized as the exclusive representative of any of the employees in the unit.
Sets forth special procedural requirements for reaching an initial collective bargaining agreement following certification or recognition.
Revises enforcement requirements with respect to unfair labor practices during union organizing drives. Provides, under injunction provisions, for priority to be given to preliminary investigation of charges of violations by employers or other entities. Adds to remedies for such violations: (1) back pay plus liquidated damages; and (2) additional civil penalties. | {"src": "billsum_train", "title": "A bill to amend the National Labor Relations Act to establish an efficient system to enable employees to form, join, or assist labor organizations, to provide for mandatory injunctions for unfair labor practices during organizing efforts, and for other purposes."} | 1,897 | 163 | 0.50055 | 1.418174 | 0.72184 | 2.608108 | 11.722973 | 0.824324 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Archives and Records
Administration Efficiency Act of 2004''.
SEC. 2. EXTENSION OF RECORDS RETENTION PERIODS.
(a) Extension of Records Retention Periods by Regulation.--Section
2909 of title 44, United States Code, is amended--
(1) by striking ``, upon the submission of evidence of need,'';
(2) by striking ``; and, in accordance with regulations
promulgated by him,'' and inserting ``, and''; and
(3) by adding at the end the following: ``The Archivist shall
promulgate regulations in accordance with section 2104(a) of this
title to implement this section.''.
(b) Conforming Amendment.--Subsection (d) of section 3303a of title
44, United States Code, is amended by striking the second sentence.
SEC. 3. AUTHORITY FOR RECORDS CENTER REVOLVING FUND TO BE USED FOR THE
PURCHASE AND CARE OF UNIFORMS FOR RECORDS CENTERS
EMPLOYEES.
Subsection (a) under the heading ``records center revolving fund''
in title IV of the Independent Agencies Appropriations Act, 2000
(Public Law 106-58; 113 Stat. 460; 44 U.S.C. 2901 note), is amended by
inserting after ``expenses'' in the first sentence the following:
``(including expenses for uniforms or allowances for uniforms as
authorized by subchapter I of chapter 59 of title 5)''.
SEC. 4. AUTHORITY TO CHARGE FEES FOR PUBLIC USE OF FACILITIES OF
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION.
(a) Presidential Archival Depositories.--Subsection (e) of section
2112 of title 44, United States Code, is amended by striking ``space''
and inserting ``space, or for the occasional, non-official use of rooms
and spaces (and services related to such use),''.
(b) National Archives Building and Other Buildings Used for Record
Storage.--Section 2903 of title 44, United States Code, is amended--
(1) by inserting ``(a)'' before ``The Archivist''; and
(2) by adding at the end the following new subsection:
``(b) When the Archivist considers it to be in the public interest,
the Archivist may charge and collect reasonable fees from the public
for the occasional, non-official use of rooms and spaces, and services
related to such use, in the buildings subject to this section. Fees
collected under this subsection shall be paid into an account in the
National Archives Trust Fund and shall be held, administered, and
expended for the benefit and in the interest of the national archival
and records activities administered by the National Archives and
Records Administration, including educational and public program
purposes.''.
SEC. 5. AUTHORITY TO USE COOPERATIVE AGREEMENTS WITH STATE AND LOCAL
GOVERNMENTS, EDUCATIONAL INSTITUTIONS, AND OTHER PUBLIC
AND NONPROFIT ORGANIZATIONS TO FURTHER NARA PROGRAMS.
(a) Authority.--Chapter 21 of title 44, United States Code, is
amended by adding at the end the following new section:
``Sec. 2119. Cooperative agreements
``(a) Authority.--The Archivist may enter into cooperative
agreements pursuant to section 6305 of title 31 that involve the
transfer of funds from the National Archives and Records Administration
to State and local governments, other public entities, educational
institutions, or private nonprofit organizations (including foundations
or institutes organized to support the National Archives and Records
Administration or the Presidential archival depositories operated by
it) for the public purpose of carrying out programs of the National
Archives and Records Administration.
``(b) Limitations.--Not more than $25,000 may be transferred under
a cooperative agreement entered into as authorized by subsection (a).
Not more than a total of $75,000 may be transferred under such
agreements in any fiscal year.
``(c) Report.--Not later than December 31st of each year, the
Archivist shall submit to the Committee on Government Reform of the
House of Representatives and the Committee on Governmental Affairs of
the Senate a report on the provisions, amount, and duration of each
cooperative agreement entered into as authorized by subsection (a)
during the preceding fiscal year.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2119. Cooperative agreements.''.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS THROUGH FISCAL YEAR 2009 FOR
NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION.
Section 2504(f)(1) of title 44, United States Code, is amended--
(1) in subparagraph (N), by striking ``and'';
(2) in subparagraph (O), by striking the period and inserting a
semicolon; and
(3) by adding at the end of the following new subparagraphs:
``(P) $10,000,000 for fiscal year 2006;
``(Q) $10,000,000 for fiscal year 2007;
``(R) $10,000,000 for fiscal year 2008; and
``(S) $10,000,000 for fiscal year 2009.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | National Archives and Records Administration Efficiency Act of 2004 - Requires the Archivist of the United States to promulgate regulations establishing a streamlined process for extending agency records retention periods beyond those periods specified in disposal schedules.
Authorizes the Records Center Revolving Fund of the Treasury to cover expenses for uniforms for National Archives and Records Administration (NARA) personnel.
Authorizes the Archivist to collect reasonable fees for the occasional, non-official use of NARA facilities and related services by the public and to use such fees for educational and public program purposes.
Authorizes the Archivist to enter into cooperative agreements that involve the transfer of NARA funds to State and local governments, other public entities, educational institutions, or private nonprofit organizations to carry out NARA programs.
Authorizes appropriations to the National Historical Publications and Records Commission for FY 2006 through 2009 for the Commission to carry out its duties and for the Archivist to make grants to State and local agencies and to nonprofit organizations, institutions, and individuals for historical publications and records programs. | {"src": "billsum_train", "title": "To amend title 44, United States Code, to improve the efficiency of operations by the National Archives and Records Administration and to reauthorize the National Historical Publications and Records Commission."} | 1,274 | 222 | 0.56143 | 1.40328 | 0.814661 | 3.104167 | 5.5 | 0.864583 |
SECTION 1. EXTENSION OF COBRA BENEFITS FOR CERTAIN TAA-ELIGIBLE
INDIVIDUALS AND PBGC RECIPIENTS.
(a) ERISA Amendments.--Section 602(2)(A) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1162(2)(A)) is amended--
(1) by moving clause (v) to after clause (iv) and before
the flush left sentence beginning with ``In the case of a
qualified beneficiary'';
(2) by striking ``In the case of a qualified beneficiary''
and inserting the following:
``(vi) Special rule for disability.--In the
case of a qualified beneficiary''; and
(3) by redesignating clauses (v) and (vi), as amended by
paragraphs (1) and (2), as clauses (viii) and (ix) and by
inserting after clause (iv) the following new clauses:
``(v) Special rule for pbgc recipients.--In
the case of a qualifying event described in
section 603(2) with respect to a covered
employee who (as of such qualifying event) has
a nonforfeitable right to a benefit any portion
of which is to be paid by the Pension Benefit
Guaranty Corporation under title IV,
notwithstanding clause (i) or (ii), the date of
the death of the covered employee, or in the
case of the surviving spouse or dependent
children of the covered employee, 36 months
after the date of the death of the covered
employee.
``(vi) Special rule for taa-eligible
individuals.--In the case of a qualifying event
described in section 603(2) with respect to a
covered employee who is (as of the date that
the period of coverage would, but for this
clause or clause (vii), otherwise terminate
under clause (i) or (ii)) a TAA-eligible
individual (as defined in section
605(b)(4)(B)), the period of coverage shall not
terminate by reason of clause (i) or (ii), as
the case may be, before the later of the date
specified in such clause or the date on which
such individual ceases to be such a TAA-
eligible individual.
``(vii) Special rule for certain taa-
eligible individuals.--In the case of a
qualifying event described in section 603(2)
with respect to a covered employee who is (as
of the date that the period of coverage would,
but for this clause or clause (vi), otherwise
terminate under clause (i) or (ii)) a TAA-
eligible individual (as defined in section
605(b)(4)(B)) and who (as of such qualifying
event) has attained age 55 or has completed 10
or more years of service with the employer,
clauses (i) and (ii) shall not apply.''.
(b) IRC Amendments.--Clause (i) of section 4980B(f)(2)(B) of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``In the case of a qualified beneficiary''
and inserting the following:
``(VI) Special rule for
disability.--In the case of a qualified
beneficiary'', and
(2) by redesignating subclauses (V) and (VI), as amended by
paragraph (1), as subclauses (VIII) and (IX) and by inserting
after clause (IV) the following new subclauses:
``(V) Special rule for pbgc
recipients.--In the case of a
qualifying event described in paragraph
(3)(B) with respect to a covered
employee who (as of such qualifying
event) has a nonforfeitable right to a
benefit any portion of which is to be
paid by the Pension Benefit Guaranty
Corporation under title IV of the
Employee Retirement Income Security Act
of 1974, notwithstanding subclause (I)
or (II), the date of the death of the
covered employee, or in the case of the
surviving spouse or dependent children
of the covered employee, 36 months
after the date of the death of the
covered employee.
``(VI) Special rule for taa-
eligible individuals.--In the case of a
qualifying event described in paragraph
(3)(B) with respect to a covered
employee who is (as of the date that
the period of coverage would, but for
this subclause or subclause (VII),
otherwise terminate under subclause (I)
or (II)) a TAA-eligible individual (as
defined in paragraph (5)(C)(iv)(II)),
the period of coverage shall not
terminate by reason of subclause (I) or
(II), as the case may be, before the
later of the date specified in such
subclause or the date on which such
individual ceases to be such a TAA-
eligible individual.
``(VII) Special rule for certain
taa-eligible individuals.--In the case
of a qualifying event described in
paragraph (3)(B) with respect to a
covered employee who is (as of the date
that the period of coverage would, but
for this subclause or subclause (VI),
otherwise terminate under subclause (I)
or (II)) a TAA-eligible individual (as
defined in paragraph (5)(C)(iv)(II))
and who (as of such qualifying event)
has attained age 55 or has completed 10
or more years of service with the
employer, subclauses (I) and (II) shall
not apply.''.
(c) PHSA Amendments.--Section 2202(2)(A) of the Public Health
Service Act (42 U.S.C. 300bb-2(2)(A)) is amended--
(1) by striking ``In the case of a qualified beneficiary''
and inserting the following:
``(v) Special rule for disability.--In the
case of a qualified beneficiary''; and
(2) by redesignating clauses (iv) and (v), as amended by
paragraph (1), as clauses (vi) and (vii) and by inserting after
clause (iii) the following new clauses:
``(iv) Special rule for taa-eligible
individuals.--In the case of a qualifying event
described in section 2203(2) with respect to a
covered employee who is (as of the date that
the period of coverage would, but for this
clause or clause (v), otherwise terminate under
clause (i) or (ii)) a TAA-eligible individual
(as defined in section 2205(b)(4)(B)), the
period of coverage shall not terminate by
reason of clause (i) or (ii), as the case may
be, before the later of the date specified in
such clause or the date on which such
individual ceases to be such a TAA-eligible
individual.
``(v) Special rule for certain taa-eligible
individuals.--In the case of a qualifying event
described in section 2203(2) with respect to a
covered employee who is (as of the date that
the period of coverage would, but for this
clause or clause (iv), otherwise terminate
under clause (i) or (ii)) a TAA-eligible
individual (as defined in section
2205(b)(4)(B)) and who (as of such qualifying
event) has attained age 55 or has completed 10
or more years of service with the employer,
clauses (i) and (ii) shall not apply.''.
(d) Effective Date.--The amendments made by this section shall
apply to periods of coverage which would (without regard to the
amendments made by this section) end on or after January 1, 2008. | Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Internal Revenue Code, and the Public Health Service Act to extend the continuation of group health care benefits as provided by the Consolidated Omnibus Budget Reconciliation Act (COBRA) to certain recipients of benefits paid by the Pension Benefit Guaranty Corporation (PBGC) and to individuals eligible for trade adjustment assistance (TAA) benefits. | {"src": "billsum_train", "title": "To amend title I of the Employee Retirement Income Security Act of 1974, the Internal Revenue Code of 1986, and title XXII of the Public Health Service Act to extend COBRA benefits for certain TAA-eligible individuals and PBGC recipients."} | 1,766 | 86 | 0.496897 | 1.302804 | 0.769989 | 2.136986 | 20.972603 | 0.821918 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Lands Forever Wild Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Constitution of the State of New York (Article XIV,
Section I) contains a prohibition on extraction on State-owned
public lands, which has served the State and its citizens well
and is a good model for the management of the approximately
650,000,000 acres of Federal public lands.
(2) The Federal agencies responsible for the management of
these Federal public lands, primarily the Forest Service of the
Department of Agriculture, the United States Fish and Wildlife
Service and Bureau of Land Management of the Department of the
Interior, and the Tennessee Valley Authority, currently permit
massive corporate extraction on the vast majority of these
public lands without accounting for the other assets of these
lands.
(3) With little or no accounting, let alone honest and
fully-costed accounting, vast areas of these Federal public
lands, and the rivers and streams and other resources on these
lands, are being taken, liquidated, or despoiled by private
industry at great, but unaccounted for, public expense.
(4) The economic benefits of this coporate extraction are
out-weighed by the costs and risks to the public, including
risks to human health, welfare, and survivability.
(5) National Forest System lands, a component of the
Federal public lands, serve as the source of 80 percent of
America's fresh drinking water.
(6) These forests and other Federal public lands produce
much of America's topsoil, replenish oxygen and water, moderate
weather, climate, and flooding.
(7) Surveys indicate that at least 80 percent of the
American public believes that National Forest System lands are
protected in the same manner and to the same extent as national
parks and wants the Federal public lands, and the rivers and
streams and other resources on these lands, protected from
harm.
(8) The Federal public lands should be fully and completely
protected from all further development and harm and should not
be leased, sold or exchanged, or be taken by any corporation,
public or private, and the timber, grazing browse, minerals,
oil and gas, and other resource on these lands should not be
sold, removed or destroyed.
SEC. 3. PROHIBITIONS ON COMMERCIAL EXTRACTION ON FEDERAL PUBLIC LANDS.
(a) Protection of Public Lands.--Federal public lands shall be
fully and completely protected from all further development and harm,
including zero tree cutting, zero road building, zero logging, zero
mining, zero grazing, zero drilling, zero water degradation, zero
motorized trail development, zero motorized recreation area
development, zero building of commercial recreational buildings, zero
allowance of new commercial recreation areas and developments, zero
water diversions and zero dams, and no exceptions may be made to these
prohibitions. Federal public lands shall not be leased, sold, or
exchanged, or be taken by any corporation, public or private, nor shall
the timber, grazing browse, minerals, oil and gas, water, or any other
resource thereon be sold, removed, or destroyed.
(b) Public Lands Defined.--In this Act, the term ``Federal public
lands'' means all federally-owned lands and waters, now owned or
hereafter acquired, within all National Parks, National Forests,
National Grasslands, National Monuments, National Wildlife Refuges,
Bureau of Land Management lands, Army Corps of Engineers lands,
Tennessee Valley Authority Lands, and National Wilderness Areas.
(c) Other Management Requirements.--
(1) Roads.--All roads on all Federal public lands shall be
inventoried, a determination shall be made of those which are
essential and those unnecessary. Based upon the inventory
determination, essential roads shall be identified and
maintained and all others shall be obliterated and revegetated
within 10 years after the date of the enactment of this Act.
(2) Inventories.--The Federal agencies having jurisdiction
over Federal public lands shall prepare an inventory of all
Federal public lands by acre, roads, rivers, and streams by
mile. The inventory shall include a description of the status
and condition of the lands and a recommendation of what can or
should be done to restore natural conditions on the lands. The
inventory and recommendations shall be completed within two
years after the date of the enactment of this Act.
(d) Fires, Insects, Disease, and Other Natural Forces.--Fires,
insects, disease and other natural destructive forces shall all be
considered acts of nature and part of a healthy, functioning, and wild
ecosystem. No further attempts to correct for such acts of nature shall
occur on Federal public lands.
(e) Enforcement.--
(1) Purpose and finding.--The purpose of this subsection is
to foster the widest possible enforcement of this section.
Congress finds that all people of the United States are injured
by violations of these prohibitions on Federal public lands.
(2) Federal enforcement.--The provisions of this section
shall be enforced by the Federal agencies having jurisdiction
over Federal public lands and by the Attorney General of the
United States against any person who violates this Act.
(3) Citizen suits.--Any citizen harmed by a violation of
this section may enforce this section by bringing an action for
declaratory judgment, temporary restraining order, injunction,
statutory damages, and other remedies against any alleged
violator, including the United States, in any district court of
the United States.
(4) Standard of proof.--The standard of proof in all
actions brought under this subsection shall be the
preponderance of the evidence and the trial shall be de novo.
(5) Damage award.--The court, after determining a violation
of this section, shall impose a damage award of not less than
$5,000 nor more than 1,000 times the value of the damaged or
lost public assets, shall issue one or more injunctions and
other equitable relief, and shall award to the plaintiffs
reasonable costs of the litigation, including attorney's fees,
witness fees, and other necessary expenses. The court shall
have the authority to order seizure and forfeiture of all
assets, including corporate assets, belonging to the violator
involved in any way in the commission of the violation. The
damage award shall be paid by the violator or violators
designated by the court to the United States Treasury. The
damage award shall be paid from the United States Treasury, as
provided by Congress under section 1304 of title 31, United
States Code, within 40 days after judgment to the person or
persons designated to receive it, to be applied in protecting
or restoring native biodiversity in or adjoining Federal public
lands. Any award of costs of litigation and any award of
attorney fees shall be paid within 40 days after judgment.
(6) Waiver.--The United States, including its agents and
employees, waives its sovereign immunity in all respects in all
actions under this subsection. No notice is required to enforce
this section.
SEC. 4. EFFECTIVE DATE.
This Act shall take effect on the date of the enactment of this
Act. | Public Lands Forever Wild Act - Prohibits, without exception, certain actions on Federal public lands, including: (1) tree cutting; (2) road building; (3) logging; (4) mining; and (5) drilling. Forbids the leasing, sale, or exchange of such lands or the sale, removal, or destruction of any resource from such lands, including timber and minerals.Requires that all roads on Federal public lands be inventoried, with unnecessary ones to be obliterated and revegetated. Directs the Federal agencies having jurisdiction over Federal public lands to inventory them by acre, roads, rivers, and streams by mile. States that such inventory shall include a recommendation of what can be done to restore natural conditions on the lands.Declares fires, insects, disease, and other natural destructive forces on Federal public lands to be considered acts of nature, with no further attempts to correct for them permitted.Allows any citizen harmed by a violation of this Act to bring suit in any district court of the United States. Permits the court to impose damages for findings of violation.Sets forth that the United States (including its agents and employees) waives its sovereign immunity in all respects in all actions with regard to court proceedings under this Act. | {"src": "billsum_train", "title": "To protect public assets, natural heritage, and native biodiversity on Federal public lands by banning all further degradation, development, and extraction on such lands, and for other purposes."} | 1,565 | 281 | 0.512491 | 1.636979 | 0.867182 | 3.465021 | 5.962963 | 0.880658 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Integrated Spent Fuel and
High-Level Waste Management Act of 1994''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Congressional Findings.--The Congress finds the following:
(1) The transportation, storage, and disposal of high-level
radioactive waste and spent nuclear fuel is a matter of
national urgency that is the responsibility of this generation.
(2) The utility generators and owners of high-level
radioactive waste and spent nuclear fuel, together with their
customers, have met, and will continue to meet, their
obligations under the Nuclear Waste Policy Act of 1982 to
provide for the cost of siting, licensing, construction, and
operation of a Federal waste management system.
(3) Some utilities have now exhausted their spent nuclear
fuel pool storage capacity, a total of 26 nuclear power
reactors will reach their spent nuclear fuel pool storage
capacity by the end of 1998, and approximately 80 nuclear power
reactors will be without spent nuclear fuel pool storage
capacity by 2010. As a result, utility rate payers face
significant costs associated with expanding storage capacity at
reactor sites, and continued delay is unacceptable.
(4) Federal efforts to site, license, construct, and
operate disposal facilities in accordance with the provisions
of the Nuclear Waste Policy Act of 1982 have not met the
timetables contemplated by such Act.
(5) The Secretary of Energy has a clear and unconditional
obligation to take possession of and title to high-level
radioactive waste and spent nuclear fuel beginning not later
than January 31, 1998.
(6) Notwithstanding the passage of 12 years since enactment
of the Nuclear Waste Policy Act of 1982, the payment of more
than $8,400,000,000 into the Nuclear Waste Fund during such
period, and the additional programmatic direction provided by
the Congress in the 1987 amendments to such Act, the projected
date of commencement of operations at a repository is, under
the most optimistic of assumptions, 2010.
(7) Until a repository is operational, interim storage will
continue to be required for high-level radioactive waste and
spent nuclear fuel.
(8) In light of the obligation of the Secretary of Energy
to accept high-level radioactive waste and spent nuclear fuel
beginning not later than January 31, 1998, the Secretary must
establish an interim storage facility for such waste and spent
fuel by such date.
(b) Statement of Purposes.--The purposes of this Act are the
following:
(1) To specify with certainty the obligation of the Federal
Government to take possession of and title to high-level
radioactive waste and spent nuclear fuel and provide for its
timely and safe transportation, storage, and disposal.
(2) To provide the Secretary of Energy with additional
incentives and means for succeeding in the siting, licensing,
construction, and operation of Federal facilities for the
storage and disposal of high-level radioactive waste and spent
nuclear fuel.
(3) To require the Secretary of Energy to establish an
interim storage facility for high-level radioactive waste and
spent nuclear fuel of domestic origin by January 31, 1998, for
the purpose of fulfilling the obligation of the Federal
Government under the Nuclear Waste Policy Act of 1982.
SEC. 3. FEDERAL OBLIGATION TO TAKE POSSESSION OF AND TITLE TO HIGH-
LEVEL RADIOACTIVE WASTE AND SPENT NUCLEAR FUEL.
Section 302(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10222(a)) is amended by adding at the end the following new paragraph:
``(7)(A)(i) Notwithstanding any other provision of this Act or
other law, the terms of the contracts entered into pursuant to this
section, or the commencement of operations of a repository, the
Secretary shall, by not later than January 31, 1998, begin taking
possession and providing for the removal from existing storage
facilities of the high-level radioactive waste and spent nuclear fuel
covered by such contracts.
``(ii) A means of fulfilling the obligation set forth in clause (i)
shall be the Federal Integrated Spent Fuel and High-Level Waste
Management Program established in section 162.
``(B) The Secretary shall take possession and provide for the
removal of the high-level radioactive waste and spent nuclear fuel
referred to in subparagraph (A) in accordance with the acceptance
priority ranking as required by the contracts entered into pursuant to
this section.
``(C) As any high-level radioactive waste or spent nuclear fuel
referred to in subparagraphs (A) and (B) comes into the possession of,
and is removed by, the Secretary, title to such waste or spent fuel
shall transfer to the Secretary.''.
SEC. 4. FEDERAL INTEGRATED SPENT FUEL AND HIGH-LEVEL WASTE MANAGEMENT
PROGRAM.
(a) In General.--Subtitle E of title I of the Nuclear Waste Policy
Act of 1982 (42 U.S.C. 10172 et seq.) is amended by adding at the end
the following new section:
``federal integrated spent fuel and high-level waste management program
``Sec. 162. (a) Establishment.--The Secretary shall establish and
administer in accordance with this section a Federal Integrated Spent
Fuel and High-Level Waste Management Program as a means of fulfilling,
in a safe, efficient, and cost-effective manner, the responsibility of
the Federal Government to take possession and provide for the removal
from existing storage facilities of, and take title to, high-level
radioactive waste and spent nuclear fuel as provided in section
302(a)(7), and to provide for the management of high-level radioactive
waste and spent nuclear fuel in accordance with subsection (b).
``(b) Components of Program.--The Federal Integrated Spent Fuel and
High-Level Waste Management Program shall include the following
components:
``(1) Development and use of a multipurpose canister system
or systems for the transportation, storage, and disposal of
spent nuclear fuel.
``(2) Development of the transportation infrastructure
required to carry out the storage and disposal of high-level
radioactive waste and spent nuclear fuel in accordance with the
Program.
``(3) Establishment of an interim storage facility for
high-level radioactive waste and spent nuclear fuel, consistent
with applicable licensing and environmental protection
requirements, by not later than January 31, 1998.
``(4) Disposal of high-level radioactive waste and spent
nuclear fuel in a repository developed under this Act.
``(c) Progress Reports.--The Secretary shall submit to the
Congress, not later than 120 days after the date of the enactment of
this section and annually thereafter, a comprehensive progress report
with specific details of how the Secretary is implementing the Federal
Integrated Spent Fuel and High-Level Waste Management Program. Each
report shall also include a list of recommendations for the continued
successful implementation of the Program and any proposed implementing
legislation. Prior to submission of any such report, the Secretary
shall publish in the Federal Register a notice of the availability of a
draft of the report, and shall solicit comments from interested
parties.''. | Federal Integrated Spent Fuel and High-Level Waste Management Act of 1994 - Amends the Nuclear Waste Policy Act of 1982 to instruct the Secretary of Energy to begin taking possession and providing for the removal from existing storage facilities of high-level radioactive waste and spent nuclear fuel by a specified deadline. Transfers title to such waste or spent fuel to the Secretary at the time of its Federal removal or possession.
Directs the Secretary to: (1) establish a Federal Integrated Spent Fuel and High-Level Waste Management Program to implement such directive; and (2) submit annual status reports to the Congress. | {"src": "billsum_train", "title": "Federal Integrated Spent Fuel and High-Level Waste Management Act of 1994"} | 1,520 | 124 | 0.548152 | 1.426868 | 0.643762 | 4.70339 | 12.381356 | 0.872881 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Farm Relief Act of 2013''.
SEC. 2. SECRETARY OF AGRICULTURE TO ADMINISTER H-2A PROGRAM.
(a) In General.--Section 218 of the Immigration and Nationality Act
(8 U.S.C. 1188) is amended by striking the term ``Secretary of Labor''
each place it appears and inserting ``Secretary of Agriculture''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date that is 1 year after the date of enactment of
this Act.
SEC. 3. ELECTRONIC FILING SYSTEM FOR H-2A PETITIONS.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Agriculture shall establish a process for receiving
petitions for nonimmigrant visas under section 101(a)(15)(H)(ii)(a) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)).
In establishing such process, the Secretary shall ensure--
(1) that petitioners may file such petitions over the
Internet on an Internet Web page of the Secretary;
(2) that any software developed to process such petitions
on such Internet Web page shall indicate to the petitioner any
technical deficiency in the application prior to submission;
and
(3) that each petitioner shall be able to file such
petition in a paper format.
SEC. 4. REPEAL OF 50-PERCENT DOMESTIC WORKFORCE REQUIREMENT.
Subparagraph (B) of section 218(c)(3) of the Immigration and
Nationality Act (8 U.S.C. 1188(c)(3)) is repealed, and any rule made by
the Secretary of Labor or the Secretary of Homeland Security to carry
out such subparagraph may not continue in effect.
SEC. 5. PREVAILING PRACTICES SURVEY.
In the case of an employer petitioning under section 218 of the
Immigration and Nationality Act (8 U.S.C. 1188), the submission of a
prevailing practice survey regarding employment practices shall not be
required.
SEC. 6. ALTERATION OF REGION OF REFERENCE.
Section 218(b)(3) of the Immigration and Nationality Act (8 U.S.C.
1188(b)(3)) is amended by striking ``within a multi-state region of
traditional or expected labor supply'' and inserting ``within an area
of 150 square miles in the United States centered around the place of
employment''.
SEC. 7. PROHIBITION AND REPEAL OF CERTAIN RULES.
(a) Rules Regarding Recruitment and Referral Requirement.--The
Secretary of Agriculture may not make any rule for purposes of carrying
out section 218(b)(3) of the Immigration and Nationality Act that--
(1) requires that an employer advertise an offer of
employment--
(A) on a particular date; or
(B) in a particular publication;
(2) requires that an employer contact workers who the
employer employed in the prior year or growing season; or
(3) requires that an employer submit a recruitment report.
(b) Prohibition on Requirement of Certification by Employers.--
(1) In general.--The Secretary of Agriculture or the
Secretary of Homeland Security may not make any rule pertaining
to a petition under section 101(a)(15)(H)(ii)(a) of the
Immigration and Nationality Act, that requires an employer to
provide a certification of--
(A) recruitment advertisements; or
(B) recruitment reports.
(2) Rule of construction.--Nothing in this section shall be
construed as limiting the authority of the Secretary to require
an attestation regarding such matters from any such employer.
(c) Repeal of Existing Rules.--Any rule that is described in
subsection (a) that is currently in effect may not continue in effect
beginning on the date that is 60 days after the date of enactment of
this Act.
SEC. 8. INCLUSION OF CERTAIN YEAR-ROUND LIVESTOCK WORKERS.
(a) In General.--Section 101(a)(15)(H)(ii)(a) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) is amended by
inserting ``, labor as a year-round livestock worker (including as a
dairy worker)'' before ``, and the pressing of apples for cider''.
(b) Length of Stay for Year-Round Livestock Workers.--Section 218
of the Immigration and Nationality Act (8 U.S.C. 1188), as amended by
this Act, is further amended by adding at the end the following:
``(j) Special Rule for Year-Round Livestock Workers.--
Notwithstanding any other provision of this section, an H-2A worker who
is admitted for purposes of performing labor as a year-round livestock
worker (including as a dairy worker) may be admitted for a period of
not more than 12 months. At the end of that period, the Secretary of
Homeland Security may not approve a petition to import that alien as an
H-2A worker for a period of 3 months. Such a petition may be filed
pertaining to that alien any number of times. Such petition may not be
filed by any person who, at the time of filing, is an alien who is
unlawfully present in the United States.''.
SEC. 9. REPLACEMENT OF WORKERS AND EXPEDITED ADMINISTRATIVE APPEALS.
Section 218 of the Immigration and Nationality Act (8 U.S.C. 1188),
as amended by this Act, is further amended by adding at the end the
following:
``(k) Replacement of Workers.--On receiving notice that an H-2A
worker recruited or hired by an employer has prematurely abandoned
employment or has failed to appear for employment, the Secretary of
State shall promptly issue a visa under section 101(a)(15)(H)(ii)(a) to
an eligible alien designated by the employer to replace that worker and
the Secretary of Homeland Security shall expeditiously admit such alien
into the United States.''.
SEC. 10. AGRICULTURAL ASSOCIATIONS AND POOLING OF WORKERS.
Section 218(d) of the Immigration and Nationality Act (8 U.S.C.
1188(d)) is amended to read as follows:
``(d) Role of Agricultural Associations.--
``(1) Filing by agricultural association permitted.--An
application to hire an H-2A worker may be filed by an
association of agricultural employers which use agricultural
labor.
``(2) Treatment of associations acting as employers.--If an
association is a joint or sole employer of H-2A workers, such
H-2A workers may be transferred among its members to perform
agricultural labor of the same nature for which the application
was approved.
``(3) Treatment of violations.--
``(A) Individual members.--If an individual member
of a joint employer association violates any condition
for approval with respect to the member's application,
the Secretary of Agriculture shall deny such
application only with respect to that member of the
association unless the Secretary determines that the
association or other member participated in, had
knowledge of, or had reason to know of the violation.
``(B) Association of agricultural employers.--
``(i) Joint employer.--If an association
representing agricultural employers as a joint
employer violates any condition for approval
with respect to the association's application,
the Secretary of Agriculture shall deny such
application only with respect to the
association and may not apply the denial to any
individual member of the association, unless
the Secretary determines that the member
participated in, had knowledge of, or had
reason to know of the violation.
``(ii) Sole employer.--If an association of
agricultural employers approved as a sole
employer violates any condition for approval
with respect to the association's application,
no individual member of the association may be
the beneficiary of the services of H-2A workers
admitted under this section in the occupation
in which such H-2A workers were employed by the
association which was denied approval during
the period such denial is in force.''.
SEC. 11. AGENCY REPORT REQUIRED WHEN DELAYS OCCUR.
Section 218(c) of the Immigration and Nationality Act (8 U.S.C (c))
is amended by adding at the end the following:
``(5) Agency report required when delays occur.--A report
shall be submitted to the Committee on Agriculture of the
Senate and the Committee on Agriculture of the House of
Representatives for any month in which the average reponse time
under paragraph (2) to a filing is greater than 7 days. The
report shall be submitted not later than the last day of the
month that immediately follows the month in which such average
response time limit was exceeded.''.
SEC. 12. GAO REPORT.
Not later than 90 days after the date of enactment of this Act, the
Comptroller General shall submit to Congress a report on a study--
(1) evaluating the effects of introducing biometric
identification cards to H-2A workers;
(2) whether the usage of such identification cards would
promote efforts to efficiently enforce the immigration laws and
streamline the visa application and admission process for H-2A
workers; and
(3) examining any delay in the processing of applications
and petitions under the H-2A program and in the administration
of the program. | Family Farm Relief Act of 2013 - Directs the Secretary of Agriculture (USDA) to establish a process for receiving H-2A nonimmigrant visas (temporary agricultural workers) which shall ensure that that petitioners may file such petitions over the Internet or in paper form. (Transfers administration of the H-2A program from the Department of Labor to USDA.) Includes year-round livestock workers, including dairy workers, in the H-2A category with a maximum 12-month period of admissions which may be renewed three months after the end of each such period. Revises H-2A certification provisions. | {"src": "billsum_train", "title": "Family Farm Relief Act of 2013"} | 2,155 | 132 | 0.505778 | 1.424395 | 0.617608 | 2.336449 | 16.663551 | 0.841121 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``SDHV Energy Efficiency Standards for
America Act of 2010''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Department of Energy grouped small-duct high-
velocity systems with all air conditioners and heat pumps in a
final rule published on January 22, 2001.
(2) The Department of Energy subsequently published and
established the minimum efficiency standard for small-duct
high-velocity systems and informed all manufacturers of these
products to request exception relief in order to legally sell
these products in the United States.
SEC. 3. STANDARDS FOR SMALL-DUCT HIGH-VELOCITY AIR CONDITIONING AND
HEAT PUMP SYSTEMS.
(a) Standards.--Section 325(d) of the Energy Policy and
Conservation Act (42 U.S.C. 6295(d)) is amended--
(1) in paragraph (1), by adding at the end the following:
``(C) Small-duct high-velocity systems: 11.00 for
products manufactured on or after January 23, 2006.'';
and
(2) in paragraph (2), by adding at the end the following:
``(C) Small-duct high-velocity systems: 6.8 for
products manufactured on or after January 23, 2006.''.
(b) Definition.--Section 321 of the Energy Policy and Conservation
Act (42 U.S.C. 6291) is amended by adding at the end the following new
paragraph:
``(67) Small-duct, high velocity system.--The term `small-
duct, high-velocity system' means a heating and cooling product
that contains a blower and indoor coil combination that--
``(A) is designed for, and produces, at least 1.2
inches of external static pressure when operated at the
certified air volume rate of 220-350 cubic feet per
minute per rated ton of cooling; and
``(B) when applied in the field, uses high velocity
room outlets generally greater than 1,000 feet per
minute that have less than 6.0 square inches of free
area.''.
(c) Amendment of Standards.--
(1) In general.--The Secretary may, by rule, amend the
standards established for small-duct high-velocity air
conditioning and heat pump systems under the amendments made by
this section.
(2) Effective date.--Standards as amended pursuant to
paragraph (1) shall not take effect less than 5 years after the
final rule making the amendment is published.
(3) Determination.--Not later than June 30, 2011, the
Secretary shall publish a final rule to determine whether
standards for small-duct, high-velocity systems should be
amended.
SEC. 4. CREDIT FOR NONBUSINESS SMALL-DUCT, HIGH-VELOCITY AIR
CONDITIONING AND HEAT PUMP SYSTEMS.
(a) In General.--Paragraph (3) of section 25C(d) of the Internal
Revenue Code of 1986 (relating to energy-efficient building property)
is amended by striking ``and'' at the end of subparagraph (D), by
striking the period at the end of subparagraph (E) and inserting ``,
and'', and by adding at the end the following new subparagraph:
``(F) a small-duct high-velocity central air
conditioning and heat pump system which has--
``(i) a seasonal energy efficiency ratio of
no less than 11.00,
``(ii) a heating seasonal performance
factor of no less than 6.80, and
``(iii) a duct system that has less than 5
percent air leakage.''.
(b) Small-Duct High-Velocity Central Air Conditioning and Heat Pump
System.--Subsection (d) of section 25C of such Code is amended by
adding at the end the following new paragraph:
``(7) Small-duct high-velocity central air conditioning and
heat pump system.--The term `small-duct high-velocity central
air conditioning and heat pump system' means a heating and
cooling product that contains a blower and indoor coil
combination that--
``(A) is designed for, and produces, at least 1.2
inches of external static pressure when operated at the
certified air volume rate of 220-350 cubic feet per
minute per rated ton of cooling, and
``(B) when applied in the field, uses room
outlets--
``(i) having a velocity which is generally
greater than 1,000 feet per minute, and
``(ii) having less than 6 square inches of
free area.''.
(c) Termination.--Paragraph (2) of section 25C(g) of such Code
(relating to termination) is amended by inserting ``(December 31, 2013,
in the case of small-duct high-velocity central air conditioning and
heat pump systems)'' after ``December 31, 2010''.
(d) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act in taxable years ending after such date. | SDHV Energy Efficiency Standards for America Act of 2010 - Amends the Energy Policy and Conservation Act to revise energy conservation standards for central air conditioners and central air conditioning heat pumps by requiring: (1) the seasonal energy efficiency ratio of small-duct, high-velocity systems to be no less than 11.00 for products manufactured on or after January 23, 2006; and (2) the heating seasonal performance factor of such systems to be 6.8 for products manufactured on or after such date.
Defines "small-duct, high-velocity systems" to mean a heating and cooling product that contains a blower and indoor coil combination that: (1) is designed for, and produces, at least 1.2 inches of external static pressure when operated at the certified air volume rate of 220-350 cubic feet per minute per rated ton of cooling; and (2) when applied in the field, uses high velocity room outlets generally greater than 1,000 feet per minute that have less than 6.0 square inches of free area.
Authorizes the Secretary of Energy to amend by rule the standards established for such systems. Prohibits amended standards from taking effect less than five years after the final rule making the amendment is published. Requires the Secretary to determine whether standards for such systems should be amended no later than June 30, 2011.
Amends the Internal Revenue Code to include within the definition of "energy-efficient building property" for purposes of the tax credit for nonbusiness energy property a small-duct, high-velocity central air conditioning and heat pump system. Allow such credit through December 31, 2013. | {"src": "billsum_train", "title": "To create clean energy jobs and set efficiency standards for small-duct high-velocity air conditioning and heat pump systems, and for other purposes."} | 1,140 | 330 | 0.727814 | 2.355195 | 0.776226 | 4.846906 | 3.351792 | 0.925081 |
SECTION 1. SCHEDULING COMMITTEES, DISCUSSIONS, AND AGREEMENTS.
(a) In General.--Chapter 401 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 40129. Air carrier discussions and agreements relating to flight
scheduling
``(a) Discussions To Reduce Delays.--
``(1) Request.--An air carrier may file with the Secretary
of Transportation a request for authority to discuss with one
or more other air carriers or foreign air carriers agreements
or cooperative arrangements relating to limiting flights at an
airport during a time period that the Secretary determines that
scheduled air transportation exceeds the capacity of the
airport. The purpose of the discussion shall be to reduce
delays at the airport during such time period.
``(2) Approval.--The Secretary shall approve a request
filed under this subsection if the Secretary finds that the
discussions requested will facilitate voluntary adjustments in
air carrier schedules that could lead to a substantial
reduction in travel delays and improvement of air
transportation service to the public. The Secretary may impose
such terms and conditions to an approval under this subsection
as the Secretary determines are necessary to protect the public
interest and to carry out the objectives of this subsection.
``(3) Notice.--Before a discussion may be held under this
subsection, the Secretary shall provide at least 3 days notice
of the proposed discussion to all air carriers and foreign air
carriers that are providing service to the airport that will be
the subject of such discussion.
``(4) Monitoring.--The Secretary or a representative of the
Secretary shall attend and monitor any discussion or other
effort to enter into an agreement or cooperative arrangement
under this subsection.
``(5) Discussions open to public.--A discussion held under
this subsection shall be open to the public.
``(b) Agreements.--
``(1) Request.--An air carrier may file with the Secretary
a request for approval of an agreement or cooperative
arrangement relating to interstate air transportation, and any
modification of such an agreement or arrangement, reached as a
result of a discussion held under subsection (a).
``(2) Approval.--The Secretary shall approve an agreement,
arrangement, or modification for which a request is filed under
this subsection if the Secretary finds that the agreement,
arrangement, or modification is not adverse to the public
interest and is necessary to reduce air travel delays and that
a substantial reduction in such delays cannot be achieved by
any other immediately available means.
``(3) Secretarial imposed terms and conditions.--The
Secretary may impose such terms and conditions on an agreement,
arrangement, or modification for which a request is filed under
this subsection as the Secretary determines are necessary to
protect the public interest and air service to an airport that
has less than .25 percent of the total annual boardings in the
United States.
``(c) Limitations.--
``(1) Rates, fares, charges, and in-flight services.--The
participants in a discussion approved under subsection (a) may
not discuss or enter into an agreement or cooperative
arrangement regarding rates, fares, charges, or in-flight
services.
``(2) City pairs.--The participants in a discussion
approved under subsection (a) may not discuss particular city
pairs or submit to another air carrier or foreign air carrier
information concerning their proposed service or schedules in a
fashion that indicates the city pairs involved.
``(d) Termination.--This section shall cease to be in effect after
September 30, 2003; except that an agreement, cooperative arrangement,
or modification approved by the Secretary in accordance with this
section may continue in effect after such date at the discretion of the
Secretary.''.
(b) Conforming Amendment.--The analysis for such chapter is amended
by adding at the end the following:
``40129. Air carrier discussions and agreements relating to flight
scheduling.''.
SEC. 2. LIMITED EXEMPTION FROM ANTITRUST LAWS.
Section 41308 of title 49, United States Code, is amended--
(1) in subsection (b) by striking ``41309'' and inserting
``40129, 41309,''; and
(2) in subsection (c)--
(A) by inserting ``40129 or'' before ``41309'' the
first place it appears; and
(B) by striking ``41309(b)(1),'' and inserting
``40129(b) or ``41309(b)(1), as the case may be,''.
SECTION 1. AIR CARRIER DISCUSSIONS RELATING TO FLIGHT SCHEDULING TO
REDUCE DELAYS.
(a) Request.--An air carrier may file with the Attorney General a
request for authority to discuss with one or more other air carriers or
foreign air carriers agreements or cooperative arrangements relating to
limiting flights at an airport during a time period that the Attorney
General determines that scheduled air transportation exceeds the
capacity of the airport. The purpose of the discussion shall be to
reduce delays at the airport during such time period.
(b) Approval.--Notwithstanding the antitrust laws, the Attorney
General shall approve a request filed under this section if the
Attorney General finds that the discussions requested will facilitate
voluntary adjustments in air carrier schedules that could lead to a
substantial reduction in travel delays and improvement of air
transportation service to the public and will not substantially lessen
competition or tend to create a monopoly. The Attorney General may
impose such terms and conditions to an approval under this section as
the Attorney General determines are necessary to protect the public
interest and to carry out the objectives of this section.
(c) Notice.--Before a discussion may be held under this section,
the Attorney General shall provide at least 3 days notice of the
proposed discussion to all air carriers and foreign air carriers that
are providing service or seeking to provide service to the airport that
will be the subject of such discussion.
(d) Monitoring.--The Attorney General or a representative of the
Attorney General shall attend and monitor any discussion or other
effort to enter into an agreement or cooperative arrangement under this
section.
(e) Discussions Open to Public.--A discussion held under this
section shall be open to the public.
SEC. 2. AIR CARRIER AGREEMENTS RELATING TO FLIGHT SCHEDULING.
(a) Request.--An air carrier may file with the Attorney General a
request for approval of an agreement or cooperative arrangement
relating to interstate air transportation, and any modification of such
an agreement or arrangement, reached as a result of a discussion held
under section 1.
(b) Approval.--Notwithstanding the antitrust laws, and subject to
subsection (c), the Attorney General shall approve an agreement,
arrangement, or modification for which a request is filed under this
section if the Attorney General finds that the agreement, arrangement,
or modification is not adverse to the public interest, is necessary to
reduce air travel delays, and will not substantially lessen competition
or tend to create a monopoly and that a substantial reduction in such
delays cannot be achieved by any other immediately available means.
(c) Unanimous Agreement Among Carriers Required.--The Attorney
General may approve an agreement, arrangement, or modification for
which a request is filed under this section only if the Attorney
General finds that each air carrier and foreign air carrier providing
service or seeking to provide service to the airport that is the
subject of the agreement, arrangement, or modification has agreed to
the agreement, arrangement, or modification.
(d) Terms and Conditions.--The Attorney General may impose such
terms and conditions on an agreement, arrangement, or modification for
which a request is filed under this section as the Attorney General
determines are necessary to protect the public interest and air service
to an airport that has less than .25 percent of the total annual
boardings in the United States.
SEC. 3. LIMITATIONS.
(a) Rates, Fares, Charges, and In-Flight Services.--The
participants in a discussion approved under section 1 may not discuss
or enter into an agreement or cooperative arrangement regarding rates,
fares, charges, or in-flight services.
(b) City Pairs.--The participants in a discussion approved under
section 1 may not discuss particular city pairs or submit to another
air carrier or foreign air carrier information concerning their
proposed service or schedules in a fashion that indicates the city
pairs involved.
SEC. 4. CONSULTATION WITH SECRETARY OF TRANSPORTATION.
In making a determination whether to approve a request under
section 1, or an agreement, arrangement, or modification under section
2, the Attorney General shall consider any comments of the Secretary of
Transportation.
SEC. 5. DEFINITIONS.
In this Act, the following definitions apply:
(1) Air carrier, airport, air transportation, foreign air
carrier, and interstate air transportation.--The terms ``air
carrier'', ``airport'', ``air transportation'', ``foreign air
carrier'', and ``interstate air transportation'' have the
meanings such terms have under section 40102 of title 49,
United States Code.
(2) Antitrust laws.--The term ``antitrust laws'' has the
meaning such term has under section 41308(a) of title 49,
United States Code.
SEC. 6. TERMINATION.
(a) Approval of Agreements.--The Attorney General may not approve
an agreement, arrangement, or modification under section 2 after
October 26, 2003.
(b) Expiration of Agreements.--An agreement, arrangement, or
modification approved by the Attorney General under section 2 may
continue in effect until October 26, 2004, or an earlier date
determined by the Attorney General.
Amend the title so as to read: ``A bill to permit air
carriers to meet and discuss their schedules in order to reduce
flight delays, and for other purposes.''. | Amends Federal aviation law to authorize an air carrier to file with the Attorney General a request for: (1) authority to discuss with one or more other air carriers or foreign air carriers agreements or cooperative arrangements limiting flights at an airport during a time period when scheduled air transportation exceeds airport capacity; and (2) approval of such agreements or cooperative arrangements with respect to such limits on interstate air transportation. Directs the Attorney General, notwithstanding U.S. antitrust laws, to approve such requests if: (1) such discussions and resulting agreements are not adverse to the public interest; (2) they will facilitate voluntary adjustments in air carrier schedules that could lead to a substantial reduction in travel delays and improvement of air transportation service to the public; (3) they will not substantially lessen competition or tend to create a monopoly; and (4) reduction in delays cannot be achieved by any other immediately available means. Authorizes the Attorney General to: (1) approve such agreements and cooperative arrangements only if each air carrier or foreign air carrier providing service or seeking to provide service to an airport under such an agreement or cooperative arrangement has agreed to it; and (2) impose any terms or conditions on any approved agreement that are needed to protect the public interest and to protect air service to an airport that has less than .25 percent of the total annual boardings in the United States (non-hub and small hub airports). Prohibits participants in approved discussions from: (1) discussing or entering into agreements regarding rates, fares, charges, or in-flight services; or (2) discussing particular city pairs, or submitting to other air carriers or foreign air carriers information on their proposed service or schedules in a fashion that indicates the involvement of city pairs. | {"src": "billsum_train", "title": "To amend title 49, United States Code, to permit air carriers to meet and discuss their schedules in order to reduce flight delays, and for other purposes."} | 2,165 | 361 | 0.690285 | 2.134194 | 0.770112 | 4.671554 | 5.803519 | 0.917889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Investment in America Act of 2005''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Research and development performed in the United States
results in quality jobs, better and safer products, increased
ownership of technology-based intellectual property, and higher
productivity in the United States.
(2) The extent to which companies perform and increase
research and development activities in the United States is in
part dependent on Federal tax policy.
(3) Congress should make permanent a research and
development credit that provides a meaningful incentive to all
types of taxpayers.
SEC. 3. PERMANENT EXTENSION OF RESEARCH CREDIT.
(a) In General.--Section 41 of the Internal Revenue Code of 1986
(relating to credit for increasing research activities) is amended by
striking subsection (h).
(b) Conforming Amendment.--Paragraph (1) of section 45C(b) of such
Code is amended by striking subparagraph (D).
(c) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after the date of the enactment of
this Act.
SEC. 4. INCREASE IN RATES OF ALTERNATIVE INCREMENTAL CREDIT.
(a) In General.--Subparagraph (A) of section 41(c)(4) of the
Internal Revenue Code of 1986 (relating to election of alternative
incremental credit) is amended--
(1) by striking ``2.65 percent'' and inserting ``3
percent'',
(2) by striking ``3.2 percent'' and inserting ``4
percent'', and
(3) by striking ``3.75 percent'' and inserting ``5
percent''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years ending after the date of the enactment of this Act.
SEC. 5. ALTERNATIVE SIMPLIFIED CREDIT FOR QUALIFIED RESEARCH EXPENSES.
(a) In General.--Subsection (c) of section 41 of the Internal
Revenue Code of 1986 (relating to base amount) is amended by
redesignating paragraphs (5) and (6) as paragraphs (6) and (7),
respectively, and by inserting after paragraph (4) the following new
paragraph:
``(5) Election of alternative simplified credit.--
``(A) In general.--At the election of the taxpayer,
the credit determined under subsection (a)(1) shall be
equal to 12 percent of so much of the qualified
research expenses for the taxable year as exceeds 50
percent of the average qualified research expenses for
the 3 taxable years preceding the taxable year for
which the credit is being determined.
``(B) Special rule in case of no qualified research
expenses in any of 3 preceding taxable years.--
``(i) Taxpayers to which subparagraph
applies.--The credit under this paragraph shall
be determined under this subparagraph if the
taxpayer has no qualified research expenses in
any 1 of the 3 taxable years preceding the
taxable year for which the credit is being
determined.
``(ii) Credit rate.--The credit determined
under this subparagraph shall be equal to 6
percent of the qualified research expenses for
the taxable year.
``(C) Election.--An election under this paragraph
shall apply to the taxable year for which made and all
succeeding taxable years unless revoked with the
consent of the Secretary. An election under this
paragraph may not be made for any taxable year to which
an election under paragraph (4) applies.''.
(b) Coordination With Election of Alternative Incremental Credit.--
(1) In general.--Section 41(c)(4)(B) of the Internal
Revenue Code of 1986 (relating to election) is amended by
adding at the end the following: ``An election under this
paragraph may not be made for any taxable year to which an
election under paragraph (5) applies.''.
(2) Transition rule.--In the case of an election under
section 41(c)(4) of the Internal Revenue Code of 1986 which
applies to the taxable year which includes the date of the
enactment of this Act, such election shall be treated as
revoked with the consent of the Secretary of the Treasury if
the taxpayer makes an election under section 41(c)(5) of such
Code (as added by subsection (a)) for such year.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act. | Investment in America Act of 2005 - Amends the Internal Revenue Code to: (1) make permanent the tax credit for increasing research activities; (2) increase the rates of the alternative incremental credit for certain research expenses; and (3) permit a taxpayer election of an alternative simplified tax credit for research expenses in lieu of the standard tax credit for increasing research activities. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to permanently extend the research credit, to increase the rates of the alternative incremental credit, and to provide an alternative simplified credit for qualified research expenses."} | 1,016 | 71 | 0.613668 | 1.470944 | 0.943036 | 2.625 | 12.486111 | 0.902778 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserving Access to Life-Saving
Medications Act of 2011''.
SEC. 2. DISCONTINUANCE OR INTERRUPTION OF THE MANUFACTURE OF A
PRESCRIPTION DRUG.
(a) In General.--Section 506C of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 356c) is amended to read as follows:
``SEC. 506C. DISCONTINUANCE OR INTERRUPTION OF THE MANUFACTURE OF A
PRESCRIPTION DRUG.
``(a) Definitions.--In this section:
``(1) The term `average historic demand' means the
individual manufacturer's average monthly volume of sales of
the drug during the last calendar year.
``(2) The term `discontinuance' means the permanent
termination of the manufacture of a drug by an individual
manufacturer.
``(3) The term `interruption' means a change that--
``(A) may result in the total supply of a drug
manufactured by the individual manufacturer not meeting
average historic demand; and
``(B) consists of--
``(i) a change in the supply of one or more
raw materials, including active pharmaceutical
ingredients;
``(ii) an unplanned interruption in ability
to produce the drug;
``(iii) a business decision affecting the
manufacture of the drug, such as a merger or a
change in production output; or
``(iv) any other type change that could
have the result described in subparagraph (A),
as determined by the Secretary.
``(b) Notifications by Manufacturers.--
``(1) In general.--A manufacturer of a drug that is subject
to section 503(b)(1) and marketed in interstate commerce shall
notify the Secretary of a discontinuance or interruption in the
manufacture of such drug.
``(2) Notification period.--A notification pursuant to
paragraph (1) shall be submitted to the Secretary--
``(A) in the case of a planned discontinuance, at
least 6 months prior to the date of such
discontinuance; and
``(B) in the case of any other discontinuance or
interruption--
``(i) at least 6 months prior to the date
of such discontinuance or interruption; or
``(ii) if the manufacturer cannot provide 6
months advance notice, as soon as practicable
after the manufacturer--
``(I) becomes aware of such
discontinuance; or
``(II) becomes aware that such
interruption may result in the total
supply of the drug manufactured by the
individual manufacturer not meeting
average historic demand.
``(3) Additional information.--A manufacturer may, but is
not required to, include in a notification submitted pursuant
to paragraph (1) information about an alternative source of the
drug or the availability of a drug with the same active
ingredient.
``(4) Reduction in notification period.--The notification
period required under paragraph (2) for a manufacturer may be
reduced if the manufacturer certifies to the Secretary that
good cause exists for the reduction, such as a situation in
which--
``(A) a public health problem may result from
continuation of the manufacturing for the 6-month
period;
``(B) a biomaterials shortage prevents the
continuation of the manufacturing for the 6-month
period;
``(C) a liability problem may exist for the
manufacturer if the manufacturing is continued for the
6-month period;
``(D) continuation of the manufacturing for the 6-
month period may cause substantial economic hardship
for the manufacturer;
``(E) the manufacturer has filed for bankruptcy
under chapter 7 or 11 of title 11, United States Code;
or
``(F) the manufacturer can continue the
distribution of the drug involved for 6 months.
``(5) Other reductions in notification period.--The
Secretary may reduce the notification period required under
paragraph (2) based on--
``(A) the type of discontinuance or interruption at
issue; and
``(B) any other factor, as determined by the
Secretary.
``(6) Confidentiality of information.--Any information
provided to the Secretary under paragraph (1) shall be treated
as trade secret or confidential information subject to section
552(b)(4) of title 5 and section 1905 of title 18.
``(7) Enforcement.--
``(A) Any manufacturer that knowingly fails to
submit a notification in violation of paragraph (1)
shall be subject to a civil money penalty not to exceed
$10,000 for each day on which the violation continues,
and not to exceed $1,800,000 for all such violations
adjudicated in a single proceeding.
``(B) Not later than 180 days after the date of the
enactment of the Preserving Access to Life-Saving
Medications Act of 2011, the Secretary shall, subject
to subparagraph (A), promulgate final regulations
establishing a schedule of civil monetary penalties for
violations of paragraph (1).
``(C) The provisions of paragraphs (5), (6), and
(7) of section 303(f) shall apply with respect to a
civil penalty under this paragraph to the same extent
and in the same manner as such provisions apply with
respect to a civil penalty under paragraph (1), (2),
(3), (4), or (9) of section 303(f).
``(c) Notifications by Secretary.--
``(1) Drug shortage defined.--In this section, the term
`drug shortage' means, with respect to a drug, a period of time
when the total supply of such drug available at the user level
will not meet the demand for such drug at the user level as
determined by the Secretary.
``(2) Public notification.--
``(A) In general.--Subject to subsection (b)(6),
the Secretary shall--
``(i) publish on the public Internet Web
site of the Food and Drug Administration
information on--
``(I) the types of discontinuances
and interruptions for which a
notification is required under
subsection (b)(1); and
``(II) actual drug shortages; and
``(ii) to the maximum extent practicable,
distribute such information to appropriate
health care providers and patient
organizations.
``(B) Duration.--The Secretary shall include in any
publication or distribution under subparagraph (A),
when possible, an estimate of the expected duration of
any discontinuance or interruption or actual drug
shortage.
``(3) Identification and notification of drugs vulnerable
to drug shortage.--
``(A) In general.--If the Secretary determines
using the criteria under subparagraph (B) that a drug
may be vulnerable to a drug shortage, the Secretary
shall notify the manufacturer of the drug of--
``(i) such determination; and
``(ii) the Secretary's duty to collaborate
to improve continuity of supply plans under
paragraph (4).
``(B) Evidence-based criteria.--The Secretary shall
implement evidence-based criteria for identifying drugs
that may be vulnerable to a drug shortage. Such
criteria shall be based on--
``(i) the number of manufacturers of the
drug;
``(ii) the sources of raw material or
active pharmaceutical ingredients;
``(iii) the supply chain characteristics,
such as production complexities; and
``(iv) the availability of therapeutic
alternatives.
``(4) Continuity of supply plans.--
``(A) In general.--With respect to drugs that are
vulnerable to a drug shortage (as determined under
paragraph (3)), the Secretary shall collaborate with
manufacturers and other stakeholders (such as
distributors and health care providers) to establish
and improve continuity of supply plans, so that such
plans include a process for addressing drug shortages.
``(B) Limitation on secretary's authority.--The
Secretary may not in any case require a manufacturer--
``(i) to manufacture a drug in the event of
a discontinuance or interruption; or
``(ii) to delay or alter a discontinuance
or interruption.
``(C) Allocation by manufacturer.--No provision of
Federal law shall be construed to prohibit a
manufacturer from, or penalize a manufacturer for,
allocating distribution of its products in order to
manage an actual or potential drug shortage.
``(d) Rulemaking.--The Secretary shall carry out this section
pursuant to regulations promulgated after providing notice and an
opportunity for comment.''.
(b) Applicability; Transitional Period.--Section 506C of the
Federal Food, Drug, and Cosmetic Act, as amended by subsection (a),
applies with respect to discontinuances, interruptions, and drug
shortages (as such terms are used in such section 506C) that occur on
or after the day that is 1 year after the date of the enactment of this
Act. Until such day, the provisions of section 506C of the Federal
Food, Drug, and Cosmetic Act, as in effect on the day before the
enactment of this Act, shall continue to apply.
SEC. 3. REPORTS TO CONGRESS.
The Secretary of Health and Human Services shall submit to the
Congress--
(1) not later than the date that is 1 year after the date
of the enactment of this Act, a report describing the actions
taken by the Secretary during the previous 1-year period to
address drug shortages (as defined in section 506C of the
Federal Food, Drug, and Cosmetic Act, as amended by section 2)
through all aspects of the prescription drug supply chain; and
(2) every 5 years thereafter, a report describing such
actions taken by the Secretary during the previous 5-year
period.
SEC. 4. GAO STUDY.
(a) Study.--The Comptroller General of the United States shall
conduct a study--
(1) to examine how the Food and Drug Administration
identifies and responds to drug shortages (as defined in
section 506C of the Federal Food, Drug, and Cosmetic Act, as
amended by section 2);
(2) to examine the possible causes of such drug shortages,
including manufacturing problems, breakdown in the supply chain
delivery system, changes in the supply of raw materials,
stockpiling at the wholesale or provider level, and restrictive
regulatory requirements;
(3) to identify if there is adequate communication between
industry, the Food and Drug Administration, distributors, and
end users;
(4) to analyze the effects of the enactment of this Act on
the ability of the Food and Drug Administration to identify and
ameliorate such drug shortages; and
(5) to identify any additional measures that need to be
taken to prevent or address such drug shortages.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Comptroller General shall submit a report to the
Congress on the results of the study under subsection (a). | Preserving Access to Life-Saving Medications Act of 2011 - Amends the Federal Food, Drug, and Cosmetic Act to require the manufacturer of a prescription drug marketed in interstate commerce to notify the Secretary of Health and Human Services (HHS) of a discontinuance or interruption in the manufacture of such drug. Requires the notification to be submitted six months prior to the date of a discontinuance or interruption, if possible.
Allows the reduction of the notification period if the manufacturer certifies to the Secretary that good cause exists for the reduction. Authorizes the Secretary to reduce the notification period based on the type of discontinuance or interruption at issue or any other factor.
Treats any information provided to the Secretary under this Act as a trade secret or confidential information.
Establishes civil monetary penalties for violations.
Requires the Secretary to publish on the website of the Food and Drug Administration (FDA) and distribute to the appropriate health care providers and patient organizations information on discontinuances, interruptions, and drug shortages.
Requires the Secretary to notify a manufacturer of: (1) any determination by the Secretary that a drug may be vulnerable to a drug shortage, and (2) the Secretary's duty to collaborate to improve continuity of supply. Prohibits the Secretary from requiring a manufacturer to: (1) manufacture a drug in the event of a discontinuance or interruption, or (2) delay or alter a discontinuance or interruption.
Declares that no provision of federal law shall be construed to prohibit a manufacturer from, or penalize a manufacturer for, allocating distribution of its products in order to manage an actual or potential drug shortage.
Requires the Comptroller General to examine issues related to drug shortages. | {"src": "billsum_train", "title": "To amend the Federal Food, Drug, and Cosmetic Act to provide the Food and Drug Administration with improved capacity to prevent drug shortages."} | 2,394 | 383 | 0.651909 | 1.94531 | 0.782104 | 4.167183 | 7.012384 | 0.941176 |
SECTION 1. SHORT TITLE.
This Act may be cited as ``The Legislative Line Item Veto Act of
1993''.
SEC. 2. LEGISLATIVE LINE ITEM VETO RESCISSION AUTHORITY.
(a) In General.--Notwithstanding the provisions of part B of title
X of The Congressional Budget and Impoundment Control Act of 1974, and
subject to the provisions of this section, the President may rescind
all or part of any discretionary budget authority for fiscal years 1994
or 1995 which is subject to the terms of this Act if the President--
(1) determines that--
(A) such rescission would help balance the Federal
budget, reduce the Federal budget deficit, or reduce
the public debt;
(B) such rescission will not impair any essential
Government functions;
(C) such rescission will not harm the national
interest; and
(D) such rescission will directly contribute to the
purpose of this Act of limiting discretionary spending
in fiscal years 1994 or 1995, as the case may be; and
(2) notifies the Congress of such rescission by a special
message not later than twenty calendar days (not including
Saturdays, Sundays, or holidays) after the date of enactment of
a regular or supplemental appropriations act for fiscal year
1994 or 1995 or a joint resolution making continuing
appropriations providing such budget authority for fiscal year
1994 or 1995, as the case may be.
The President shall submit a separate rescission message for each
appropriations bill under this paragraph.
SEC. 3. RESCISSION EFFECTIVE UNLESS DISAPPROVED.
(a) Any amount of budget authority rescinded under this Act as set
forth in a special message by the President shall be deemed canceled
unless during the period described in subsection (b), a rescission
disapproval bill making available all of the amount rescinded is
enacted into law.
(b) The period referred to in subsection (a) is--
(1) a congressional review period of twenty calendar days
of session during which Congress must complete action on the
rescission disapproval bill and present such bill to the
President for approval or disapproval;
(2) after the period provided in paragraph (1), an
additional ten days (not including Sundays) during which the
President may exercise his authority to sign or veto the
rescission disapproval bill; and
(3) if the President vetoes the rescission disapproval bill
during the period provided in paragraph (2), an additional five
calendar days of session after the date of the veto.
(c) If a special message is transmitted by the President under this
Act and the last session of the Congress adjourns sine die before the
expiration of the period described in subsection (b), the rescission
shall not take effect. The message shall be deemed to have been
retransmitted on the first day of the succeeding Congress and the
review period referred to in subsection (b) (with respect to such
message) shall run beginning after such first day.
SEC. 4. DEFINITIONS.
For purposes of this Act--
(a) the term ``rescission disapproval bill'' means a bill
or joint resolution which only disapproves a rescission of
discretionary budget authority for fiscal year 1994 or 1995, in
whole, rescinded in a special message transmitted by the
President under this Act; and
(b) the term ``Calendar days of session'' shall mean only
those days on which both Houses of Congress are in session.
SEC. 5. CONGRESSIONAL CONSIDERATION OF LEGISLATIVE LINE ITEM VETO
RESCISSIONS.
(a) Presidential Special Message.--Whenever the President rescinds
any budget authority as provided in this Act, the President shall
transmit to both Houses of Congress a special message specifying--
(1) the amount of budget authority rescinded;
(2) any account, department, or establishment of the
Government to which such budget authority is available for
obligation, and the specific project or governmental functions
involved;
(3) the reasons and justifications for the determination to
rescind budget authority pursuant to this Act;
(4) to the maximum extent practicable, the estimated
fiscal, economic, and budgetary effect of the rescission; and
(5) all factions, circumstances, and considerations
relating to or bearing upon the rescission and the decision to
effect the rescission, and to the maximum extent practicable,
the estimated effect of the rescission upon the objects,
purposes, and programs for which the budget authority is
provided.
(b) Transmission of Messages to House and Senate.--
(1) Each special message transmitted under this Act shall
be transmitted to the House of Representatives and the Senate
on the same day, and shall be delivered to the Clerk of the
House of Representatives if the House is not in session, and to
the Secretary of the Senate if the Senate is not in session.
Each special message so transmitted shall be referred to the
appropriate committees of the House of Representatives and the
Senate. Each message shall be printed as a document of each
House.
(2) Any special message transmitted under this Act shall be
printed in the first issue of the Federal Register published
after such transmittal.
(c) Referral of Rescission Disapproval Bills.--Any rescission
disapproval bill introduced with respect to a special message shall be
referred to the appropriate committees of the House of Representatives
or the Senate, as the case may be.
(d) Consideration in the Senate.--
(1) Any rescission disapproval bill received in the Senate
from the House shall be considered in the Senate pursuant to
the provisions of this Act.
(2) Debate in the Senate on any rescission disapproval bill
and debatable motions and appeals in connection therewith,
shall be limited to not more than ten hours. The time shall be
equally divided between, and controlled by, the majority leader
and the minority leader or their designees.
(3) Debate in the Senate on any debatable motions or appeal
in connection with such bill shall be limited to one hour, to
be equally divided between, and controlled by the mover and the
manager of the bill, except that in the event the manager of
the bill is in favor of any such motion or appeal, the time in
opposition thereto shall be controlled by the minority leader
or his designee. Such leaders, or either of them, may, from the
time under their control on the passage of the bill, allot
additional time to any Senator during the consideration of any
debatable motion or appeal.
(4) A motion to further limit debate is not debatable. A
motion to recommit (except a motion to recommit with
instructions to report back within a specified number of days
not to exceed one, not counting any day on which the Senate is
not in session) is not in order.
(e) Points of Order.--
(1) It shall not be in order in the Senate or the House of
Representatives to consider any rescission disapproval bill
that relates to any matter other than the rescission budget
authority transmitted by the President under this Act.
(2) It shall not be in order in the Senate or the House of
Representatives to consider any amendment to a rescission
disapproval bill.
(3) Paragraphs (1) and (2) may be waived or suspended in
the Senate only by a vote of three-fifths of the members duly
chosen and sworn. | Legislative Line Item Veto Act of 1993 - Grants the President legislative line item veto rescission authority. Authorizes the President to rescind all or part of any budget authority if the President determines that such rescission: (1) would help balance the Federal budget, reduce the Federal budget deficit, or reduce the public debt; (2) will not impair any essential Government functions; (3) will not harm the national interest; and (4) will directly contribute to the purpose of this Act of limiting discretionary spending in FY 1994 or 1995. Requires the President to notify the Congress of such a rescission by special message after enactment of appropriations legislation for FY 1994 or 1995. Makes such a rescission effective unless the Congress enacts a rescission disapproval bill.
Describes: (1) information to be included in the President's message; and (2) procedures to govern consideration of rescission disapproval legislation in the Senate and the House of Representatives. | {"src": "billsum_train", "title": "Legislative Line Item Veto Act of 1993"} | 1,707 | 236 | 0.768827 | 2.115662 | 0.813384 | 3.362162 | 8.075676 | 0.875676 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Agriculture Market Development Act
of 1995''.
SEC. 2. ESTABLISHMENT AND IMPLEMENTATION.
(a) Establishment.--The Secretary of Agriculture shall establish
and, in cooperation with eligible trade organizations, carry out a
foreign market development cooperator program to maintain and develop
foreign markets for United States agricultural commodities.
(b) Implementation.--The program authorized under subsection (a)
shall be carried out through multi-year contracts or agreements between
the Secretary of Agriculture and eligible trade organizations under
which cost-share assistance is provided to such organizations as
cooperators for the conduct of foreign market development activities,
and to third party cooperators, under annual marketing plans provided
for in section 5.
(c) Authorization of Appropriations.--Subject to section 7(c),
there are authorized to be appropriated to the Department of
Agriculture for use in providing cost-share assistance to eligible
trade organizations under contracts and agreements entered into under
subsection (b) and for other costs of the foreign market development
cooperator program established under this Act (including contingent
liabilities not otherwise funded) such sums as may be necessary for
each of fiscal years 1996 through 2000.
SEC. 3. ELIGIBLE TRADE ORGANIZATIONS; REQUIREMENTS FOR PARTICIPATION.
(a) Eligible Trade Organization.--For purposes of this Act, the
term ``eligible trade organization'' means a United States trade
organization that promotes the export of one or more United States
agricultural commodities and that does not have a business interest in
or receive remuneration from specific sales of agricultural
commodities.
(b) Requirements for Participation.--
(1) Eligible trade organization.--In order for an eligible
trade organization to enter a contract or agreement with the
Secretary of Agriculture for the conduct of foreign market
development activities as a cooperator under this Act, the
organization shall--
(A) establish that it is funded primarily by United
States members of the industry it represents;
(B) prepare and submit to the Secretary of
Agriculture annually a marketing plan as provided for
under section 5; and
(C) meet any other appropriate requirements
established by the Secretary for participation in the
foreign market development cooperator program
established under this Act.
In addition, each participant shall endeavor to provide an
annual contribution for activities under the marketing plan
that is equal to or greater than the amount provided for such
activities by the Department of Agriculture.
(2) Criteria for approval of contracts and agreements.--The
Secretary of Agriculture may enter into a contract or agreement
with an eligible trade organization for the conduct of foreign
market development activities under this Act only if the
Secretary determines that the activities under the eligible
trade organization's marketing plans--
(A) have a strong likelihood of achieving success
in maintaining or increasing foreign consumption and
imports of one or more United States agricultural
commodity;
(B) will make long-range contributions to United
States agricultural exports;
(C) focus on a commodity or commodities the export
of which is important to United States agriculture and
this Nation's foreign balance of payments;
(D) include the provision by the eligible trade
organization of a competent United States-based staff
and other resources to ensure adequate development,
supervision, and execution of project activities;
(E) are coupled with a commitment by private
organizations to back up promotional activities with
aggressive selling and adequate supplies of the
commodity involved or the quality desired by foreign
buyers; and
(F) are focused on markets for which the United
States is in competition with other exporting
countries.
SEC. 4. COOPERATOR RESPONSIBILITIES.
(a) Trade Servicing, Technical Assistance, and Consumer
Education.--
(1) In general.--Eligible trade organizations participating
in the foreign market development cooperator program under this
Act shall provide market development and customer support
services outside the United States directed at foreign
purchasers, potential purchasers, and users of United States
agricultural commodities, through trade servicing, technical
assistance, and consumer education.
(2) Specific goals.--Trade servicing, technical assistance,
and consumer education by each eligible trade organization
under subsection (a) shall be conducted so as to achieve the
following goals (as well as other appropriate goals specified
by the Secretary by regulation):
(A) To increase foreign consumer and commercial use
of the United States commodity involved and products
made from such commodity, to develop long-term foreign
demand for the commodity, and to help overcome
constraints to United States exports of the commodity
involved.
(B) To establish a long-term presence in foreign
markets for the commodity involved.
(C) To enable foreign users of the commodity and
products made from the commodity to enhance their
competitiveness, analyze markets, improve end use
quality, and respond to consumption trends.
(D) To make maximum use of new technologies,
including satellite transmissions, to disseminate trade
information and enhance industry technologies that will
expand demand for the commodity.
(E) To increase technical contact between the
United States production industry for the commodity and
foreign customers and users so as to achieve better and
more accurate market analyses and trade intelligence
collected in the public and private sector.
(F) To identify third parties to contribute to the
implementation of activities conducted under the
eligible trade organization's annual marketing plan
either through cash or in-kind contributions.
(b) Coordination, Assistance, and Consultation.--
(1) Coordination and assistance.--Eligible trade
organizations participating in the foreign market development
cooperator program under this Act shall coordinate their
activities with those of agricultural trade officers of the
Foreign Agricultural Service. In turn, such officers and other
Foreign Agricultural Service personnel shall assist the
eligible trade organizations in the development and operation
of trade promotion programs that use product exhibits, trade
teams, market information services, and trade referral services
to expand international markets for United States agricultural
commodities.
(2) Consultation.--Eligible trade organizations shall
consult with the staff of the Foreign Agricultural Service to
ensure that their annual marketing plans under this Act are
consistent with and complement the foreign market development
activities of the Service.
SEC. 5. ANNUAL MARKETING PLANS.
(a) In General.--An eligible trade organization participating in
and receiving assistance for any year under the foreign market
development cooperator program established under this Act shall develop
and submit to the Secretary of Agriculture a marketing plan to carry
out trade servicing, technical assistance, and consumer education, as
provided for in section 4(a), for such year.
(b) Requirement for Plans.--Each annual marketing plan submitted by
an eligible trade organization under subsection (a) shall specifically
describe the manner in which assistance received by the organization in
conjunction with funds and services provided by or through the
organization will be expended in implementing the plan.
(c) Amendments.--An annual marketing plan may be amended at any
time by the eligible trade organization with the approval of the
Secretary of Agriculture.
SEC. 6. OVERSIGHT.
(a) Monitoring.--The Secretary of Agriculture shall monitor the
expenditure of funds received by each eligible trade organization under
this Act.
(b) Reports, Books, and Records.--Each eligible trade organization
receiving assistance under this Act shall--
(1) keep financial accounts of, submit regular reports
providing information on, activities conducted and funds spent
under the organization's annual marketing plan; and
(2) make available to the Secretary of Agriculture for
inspection, at any reasonable time and place, the books and
records of its business and financial transactions.
(c) Audits.--Each eligible trade organization receiving assistance
under the foreign market development cooperator program under this Act
shall have conducted an audit or financial review of the organization's
activities under such program, which shall accurately account for funds
and services received and expended under this Act.
(d) Evaluation.--
(1) In general.--The Secretary of Agriculture shall
periodically evaluate the foreign market development activities
of each eligible trade organization to determine whether the
organization is in compliance with its annual marketing plan
and to determine the effectiveness of the organization's
activities under the plan in maintaining and developing markets
for United States agricultural commodities, taking into
consideration the difficulty of precisely quantifying the
effects of long-term trade servicing and technical assistance.
(2) High-volume agricultural commodities.--With respect to
activities directed toward maintenance and development of
markets for high-volume agricultural commodities, in performing
such evaluations, the Secretary shall consider--
(A) the long-term benefits of a United States
presence in foreign markets for such commodity given
the benefit to the United States economy as a whole of
a strong high-volume commodity export sector; and
(B) the intense competition by other exporting
countries in the international markets for such
commodities.
SEC. 7. IMPLEMENTATION DATE AND TRANSITION.
(a) Implementation Date.--The Secretary of Agriculture shall
establish the foreign market development cooperator program authorized
under this Act not later than 90 days after the enactment of this Act.
(b) Transition.--In establishing the program authorized under this
Act, the Secretary shall ensure that on-going foreign market
development cooperator projects and activities are continued and
appropriately incorporated into the program under this Act.
SEC. 8. CONFORMING PROVISIONS.
(a) Amendment to Agricultural Act of 1954.--Section 601 of the
Agricultural Act of 1954 (7 U.S.C. 1761) is amended by redesignating
the existing text as subsection (a) and adding at the end a new
subsection as follows:
``(b) The Secretary of Agriculture shall coordinate activities
conducted under subsection (a) with the conduct of the programs
authorized under the `Agriculture Market Development Act of 1995'.''.
(b) Agricultural Competitiveness and Trade Act of 1988.--
(1) Applicability of provisions.--Subsections (d) and (e)
of section 4214 of the Agricultural Competitiveness and Trade
Act of 1988 (7 U.S.C. 5234) shall apply to the activities of
the eligible trade organizations to which assistance is
provided under this Act.
(2) Amendment of payment-in-kind provision.--Subsection (b)
of section 4214 of the Agricultural Competitiveness and Trade
Act of 1988 (7 U.S.C. 5234) is amended by adding at the end the
following: ``The Secretary of Agriculture shall coordinate
activities conducted under this subsection with the conduct of
the programs authorized under the Agriculture Market
Development Act of 1995.''. | Agriculture Market Development Act of 1995 - Directs the Secretary of Agriculture to establish and, in cooperation with eligible trade organizations (ETOs), carry out a foreign market development cooperator program to maintain and develop foreign markets for U.S. agricultural commodities. Requires that the program be carried out through multiyear contracts or agreements between the Secretary and ETOs, with cost sharing provided by the Secretary to the ETOs. Authorizes appropriations.
Defines "eligible trade organization" to mean a U.S. trade organization that promotes agricultural exports and that does not have a business interest in or receive remuneration from specific sales.
Requires participating ETOs to submit annual marketing plans. | {"src": "billsum_train", "title": "Agriculture Market Development Act of 1995"} | 2,219 | 159 | 0.651396 | 1.740375 | 0.758474 | 3.760331 | 17.495868 | 0.85124 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prohibition on United Nations
Taxation Act of 2003''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) in 1948, the average United States family with children
paid only 3 percent of its income in Federal taxes;
(2) in 1996, the average United States family with children
paid almost 24 percent of its income in Federal taxes;
(3) United Nations officials have made numerous and
repeated proposals to provide financing for the United Nations
outside the scrutiny of Member States of the United Nations,
including borrowing from international financial institutions,
assuming control of bonds issued by Member States, and imposing
taxes on an extensive range of transactions, goods, and
services;
(4) the 1994 ``Human Development Report'' of the United
Nations Development Program stated that ``[i]t is appropriate
that the proceeds of an international tax be devoted to
international purposes and be placed at the disposal of
international institutions.'';
(5) on January 14, 1996, United Nations Secretary General
Boutros Boutros-Ghali stated that an international tax would
mean that ``[he would] not be under the daily financial will of
the Member States.'';
(6) American taxpayers have paid approximately
$30,000,000,000 to the United Nations since 1945;
(7) the United Nations and its organizations are replete
with mismanagement, waste, corruption, and inefficiency which
cost American taxpayers millions of dollars each year;
(8) the power to tax is an attribute of sovereignty;
(9) the United Nations does not have the attributes of
sovereignty and is not a sovereign power;
(10) the United Nations has no legal authority to impose
taxes on United States citizens;
(11) the Organization for Economic Cooperation and
Development is seeking to hinder tax competition between
nations;
(12) the United States has a relatively low tax burden
compared to other developed nations and any effort to hinder
tax competition will undermine the competitive advantage of the
United States;
(13) the Organization for Economic Cooperation and
Development is pursuing tax harmonization policies that would
enable foreign governments to tax income earned in the United
States;
(14) the power to determine the tax treatment of income
inside national borders is an attribute of sovereignty; and
(15) the United States finances approximately one-fourth of
the budget of the Organization for Economic Cooperation and
Development.
SEC. 3. PROHIBITION ON IMPOSITION OF GLOBAL TAXATION, MULTILATERAL BANK
BORROWING, OR TAX HARMONIZATION.
No funds shall be obligated or otherwise expended from the United
States Treasury for any purpose to the United Nations or any of its
specialized or affiliated agencies if the United Nations or any of its
specialized or affiliated agencies--
(1) attempts to implement or impose any taxation or fee on
any United States persons;
(2) attempts to implement or impose a policy that would
enable foreign governments to tax income earned inside the
borders of the United States; or
(3) attempts to borrow funds from the International Bank
for Reconstruction and Development (commonly referred to as the
``World Bank''), the International Monetary Fund, or any other similar
or regional international financial institution.
SEC. 4. PROHIBITION ON CONTINUED DEVELOPMENT AND PROMOTION OF GLOBAL
TAXATION OR TAX HARMONIZATION PROPOSALS.
No funds shall be obligated or otherwise expended from the United
States Treasury for any purpose to the United Nations or any of its
specialized or affiliated agencies (including the United Nations
Development Program) unless the President certifies in writing to the
Congress 15 days in advance of such payment that the United Nations or
such agency, as the case may be, is not engaged in any effort to--
(1) develop, advocate, promote, or publicize any proposal
concerning taxation or fees on United States persons in order
to raise revenue for the United Nations or any such agency; or
(2) to develop, advocate, promote, or publicize any
proposal concerning foreign government taxation or fees on
United States-source income.
SEC. 5. PROHIBITION ON IMPOSITION OF GLOBAL TAXATION, MULTILATERAL BANK
BORROWING, OR TAX HARMONIZATION.
No funds shall be obligated or otherwise expended from the United
States Treasury for any purpose to the Organization for Economic
Cooperation and Development or any of its specialized or affiliated
agencies if the Organization for Economic Cooperation and Development--
(1) attempts to implement or impose any taxation or fee on
any United States persons;
(2) attempts to implement or impose a policy that would
enable foreign governments to tax income earned inside the
borders of the United States; or
(3) attempts to borrow funds from the International Bank
for Reconstruction and Development (commonly referred to as the
``World Bank''), the International Monetary Fund, or any other
similar or regional international financial institution.
SEC. 6. PROHIBITION ON CONTINUED DEVELOPMENT AND PROMOTION OF GLOBAL
TAXATION OR TAX HARMONIZATION PROPOSALS.
No funds shall be obligated or otherwise expended from the United
States Treasury for any purpose to the Organization for Economic
Cooperation and Development or any of its specialized or affiliated
agencies unless the President certifies in writing to the Congress 15
days in advance of such payment that the Organization for Economic
Cooperation and Development or such agency, as the case may be, is not
engaged in any effort to--
(1) develop, advocate, promote, or publicize any proposal
concerning taxation or fees on United States persons in order
to raise revenue for the Organization for Economic Cooperation
and Development or any such agency; or
(2) develop, advocate, promote, or publicize any proposal
concerning foreign government taxation or fees on United
States-source income.
SEC. 7. STATUTORY CONSTRUCTION.
Payments prohibited under this Act include disbursements to the
United Nations or Organization for Economic Cooperation and Development
pursuant to any undertaking made by the United States before the
prohibition becomes effective.
SEC. 8. DEFINITIONS.
As used in this Act:
(1) The term ``person'' has the meaning given such term in
section 7701(a)(1) of the Internal Revenue Code of 1986 (26
U.S.C. 7701(a)(1)).
(2) The term ``taxation or fees on United States persons''
includes any tax or fee assessed on United States persons on a
per capita basis or on a transaction or user basis, including
but not limited to any tax or fee on international air travel,
foreign exchange transactions, the mails, or extraction or use
of natural resources. | Prohibition on United Nations Taxation Act of 2003 - Prohibits the obligation of U.S. funds to the United Nations (UN) or any of its agencies, or to the Organization for Economic Cooperation and Development (OECD) or any of its agencies, if the UN or OECD attempt to: (1) impose a tax or fee on any U.S. person; (2) impose a policy that would enable foreign governments to tax income earned inside the borders of the United States; or (3) borrow funds from the International Bank for Reconstruction and Development (World Bank), the International Monetary Fund, or any other similar or regional international financial institution.Prohibits the obligation of U.S. funds to the UN or any of its agencies (including the UN Development Program), or to OECD or any of its agencies, unless the President certifies to Congress 15 days in advance of such payment that the UN or OECD and their agencies are not engaged in any efforts to develop or promote any taxation or fee proposals in order to raise revenue or any proposals allowing foreign taxation on U.S.-source income. | {"src": "billsum_train", "title": "To prohibit United States voluntary and assessed contributions to the United Nations or the Organization for Economic Cooperation and Development if the United Nations or the Organization for Economic Cooperation and Development imposes any tax or fee on United States persons, continues to develop or promote proposals for such taxes or fees, or attempts to implement or impose a policy that would enable foreign governments to tax income earned inside the borders of the United States."} | 1,436 | 244 | 0.559657 | 1.75891 | 0.736361 | 3.975728 | 6.538835 | 0.898058 |
SECTION 1. ANNUAL PERMIT AND FEE FOR FILM CREWS OF 5 PERSONS OR FEWER.
(a) Purpose.--The purpose of this section is to provide commercial
film crews of 5 persons or fewer access to film in areas designated for
public use during public hours on Federal land and waterways.
(b) National Park System Land.--Section 100905 of title 54, United
States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``The Secretary''
and inserting ``Except as provided in paragraph (3),
the Secretary''; and
(B) by adding at the end the following:
``(3) Special rules for film crews of 5 persons or fewer.--
``(A) Definition of film crew.--In this paragraph,
the term `film crew' means any persons present on
Federal land or waterways under the jurisdiction of the
Secretary who are associated with the production of a
film.
``(B) Required permit and fee.--For any film crew
of 5 persons or fewer, the Secretary shall require a
permit and assess an annual fee of $200 for commercial
filming activities or similar projects on Federal land
and waterways administered by the Secretary.
``(C) Commercial filming activities.--A permit
issued under subparagraph (B) shall be valid for
commercial filming activities or similar projects that
occur in areas designated for public use during public
hours on all Federal land and waterways administered by
the Secretary for a 1-year period beginning on the date
of issuance of the permit.
``(D) No additional fees.--For persons holding a
permit issued under this paragraph, during the
effective period of the permit, the Secretary shall not
assess any fees in addition to the fee assessed under
subparagraph (B).
``(E) Use of cameras.--The Secretary shall not
prohibit, as a mechanized apparatus or under any other
purposes, use of cameras or related equipment used for
the purpose of commercial filming activities or similar
projects in accordance with this paragraph on Federal
land and waterways administered by the Secretary.
``(F) Notification required.--A film crew of 5
persons or fewer subject to a permit issued under this
paragraph shall notify the applicable land management
agency with jurisdiction over the Federal land at least
48 hours before entering the Federal land.
``(G) Denial of access.--The head of the applicable
land management agency may deny access to a film crew
under this paragraph if--
``(i) there is a likelihood of resource
damage that cannot be mitigated;
``(ii) there would be an unreasonable
disruption of the use and enjoyment of the site
by the public;
``(iii) the activity poses health or safety
risks to the public; or
``(iv) the filming includes the use of
models or props that are not part of the
natural or cultural resources or administrative
facilities of the Federal land.''; and
(2) in the first sentence of subsection (b), by striking
``collect any costs'' and inserting ``recover any costs''.
(c) Other Federal Land.--Section 1 of Public Law 106-206 (16 U.S.C.
460l-6d) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``The Secretary''
and inserting ``Except as provided in paragraph (3),
the Secretary''; and
(B) by adding at the end the following:
``(3) Special rules for film crews of 5 persons or fewer.--
``(A) Definition of film crew.--In this paragraph,
the term `film crew' means any persons present on
Federal land or waterways under the jurisdiction of the
Secretary who are associated with the production of a
film.
``(B) Required permit and fee.--For any film crew
of 5 persons or fewer, the Secretary shall require a
permit and assess an annual fee of $200 for commercial
filming activities or similar projects on Federal land
and waterways administered by the Secretary.
``(C) Commercial filming activities.--A permit
issued under subparagraph (B) shall be valid for
commercial filming activities or similar projects that
occur in areas designated for public use during public
hours on all Federal land and waterways administered by
the Secretary for a 1-year period beginning on the date
of issuance of the permit.
``(D) No additional fees.--For persons holding a
permit issued under this paragraph, during the
effective period of the permit, the Secretary shall not
assess any fees in addition to the fee assessed under
subparagraph (B).
``(E) Use of cameras.--The Secretary shall not
prohibit, as a mechanized apparatus or under any other
purposes, use of cameras or related equipment used for
the purpose of commercial filming activities or similar
projects in accordance with this paragraph on Federal
land and waterways administered by the Secretary.
``(F) Notification required.--A film crew of 5
persons or fewer subject to a permit issued under this
paragraph shall notify the applicable land management
agency with jurisdiction over the Federal land at least
48 hours before entering the Federal land.
``(G) Denial of access.--The head of the applicable
land management agency may deny access to a film crew
under this paragraph if--
``(i) there is a likelihood of resource
damage that cannot be mitigated;
``(ii) there would be an unreasonable
disruption of the use and enjoyment of the site
by the public;
``(iii) the activity poses health or safety
risks to the public; or
``(iv) the filming includes the use of
models or props that are not part of the
natural or cultural resources or administrative
facilities of the Federal land.''; and
(2) in the first sentence of subsection (b)--
(A) by striking ``collect any costs'' and inserting
``recover any costs''; and
(B) by striking ``similar project'' and inserting
``similar projects''. | Directs the Department of the Interior, for National Park System land, and the Department of Agriculture, for land under its jurisdiction, to require any film crew of five persons or fewer to obtain a permit and pay an annual fee of $200 to conduct commercial filming activities or similar projects on such land and waterways. | {"src": "billsum_train", "title": "To direct the Secretary of the Interior and the Secretary of Agriculture to require annual permits and assess annual fees for commercial filming activities on Federal land for film crews of 5 persons or fewer, and for other purposes."} | 1,339 | 66 | 0.611535 | 1.454877 | 0.814878 | 2.360656 | 20.639344 | 0.819672 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Interstate Abortion
Notification Act''.
SEC. 2. TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS
RELATING TO ABORTION.
Title 18, United States Code, is amended by inserting after chapter
117 the following:
``CHAPTER 117A--TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN
LAWS RELATING TO ABORTION
``Sec.
``2431. Transportation of minors in circumvention of certain laws
relating to abortion.
``2432. Transportation of minors in circumvention of certain laws
relating to abortion.
``Sec. 2431. Transportation of minors in circumvention of certain laws
relating to abortion
``(a) Offense.--
``(1) Generally.--Except as provided in subsection (b),
whoever knowingly transports a minor across a State line, with
the intent that such minor obtain an abortion, and thereby in
fact abridges the right of a parent under a law requiring
parental involvement in a minor's abortion decision, in force
in the State where the minor resides, shall be fined under this
title or imprisoned not more than one year, or both.
``(2) Definition.--For the purposes of this subsection, an
abridgement of the right of a parent occurs if an abortion is
performed or induced on the minor, in a State or a foreign
nation other than the State where the minor resides, without
the parental consent or notification, or the judicial
authorization, that would have been required by that law had
the abortion been performed in the State where the minor
resides.
``(b) Exceptions.--
``(1) The prohibition of subsection (a) does not apply if
the abortion was necessary to save the life of the minor
because her life was endangered by a physical disorder,
physical injury, or physical illness, including a life
endangering physical condition caused by or arising from the
pregnancy itself.
``(2) A minor transported in violation of this section, and
any parent of that minor, may not be prosecuted or sued for a
violation of this section, a conspiracy to violate this
section, or an offense under section 2 or 3 based on a
violation of this section.
``(c) Affirmative Defense.--It is an affirmative defense to a
prosecution for an offense, or to a civil action, based on a violation
of this section that the defendant--
``(1) reasonably believed, based on information the
defendant obtained directly from a parent of the minor, that
before the minor obtained the abortion, the parental consent or
notification took place that would have been required by the
law requiring parental involvement in a minor's abortion
decision, had the abortion been performed in the State where
the minor resides; or
``(2) was presented with documentation showing with a
reasonable degree of certainty that a court in the minor's
State of residence waived any parental notification required by
the laws of that State, or otherwise authorized that the minor
be allowed to procure an abortion.
``(d) Civil Action.--Any parent who suffers harm from a violation
of subsection (a) may obtain appropriate relief in a civil action
unless the parent has committed an act of incest with the minor subject
to subsection (a).
``(e) Definitions.--For the purposes of this section--
``(1) the term `abortion' means the use or prescription of
any instrument, medicine, drug, or any other substance or
device intentionally to terminate the pregnancy of a female
known to be pregnant, with an intention other than to increase
the probability of a live birth, to preserve the life or health
of the child after live birth, to terminate an ectopic
pregnancy, or to remove a dead unborn child who died as the
result of a spontaneous abortion, accidental trauma or a
criminal assault on the pregnant female or her unborn child;
``(2) the term a `law requiring parental involvement in a
minor's abortion decision' means a law--
``(A) requiring, before an abortion is performed on
a minor, either--
``(i) the notification to, or consent of, a
parent of that minor; or
``(ii) proceedings in a State court; and
``(B) that does not provide as an alternative to
the requirements described in subparagraph (A)
notification to or consent of any person or entity who
is not described in that subparagraph;
``(3) the term `minor' means an individual who is not older
than the maximum age requiring parental notification or
consent, or proceedings in a State court, under the law
requiring parental involvement in a minor's abortion decision;
``(4) the term `parent' means--
``(A) a parent or guardian;
``(B) a legal custodian; or
``(C) a person standing in loco parentis who has
care and control of the minor, and with whom the minor
regularly resides, who is designated by the law
requiring parental involvement in the minor's abortion
decision as a person to whom notification, or from whom
consent, is required; and
``(5) the term `State' includes the District of Columbia
and any commonwealth, possession, or other territory of the
United States, and any Indian tribe or reservation.
``Sec. 2432. Transportation of minors in circumvention of certain laws
relating to abortion
``Notwithstanding section 2431(b)(2), whoever has committed an act
of incest with a minor and knowingly transports the minor across a
State line with the intent that such minor obtain an abortion, shall be
fined under this title or imprisoned not more than one year, or both.
For the purposes of this section, the terms `State', `minor', and
`abortion' have, respectively, the definitions given those terms in
section 2435.''.
SEC. 3. CHILD INTERSTATE ABORTION NOTIFICATION.
Title 18, United States Code, is amended by inserting after chapter
117A the following:
``CHAPTER 117B--CHILD INTERSTATE ABORTION NOTIFICATION
``Sec.
``2435. Child interstate abortion notification.
``Sec. 2435. Child interstate abortion notification
``(a) Offense.--
``(1) Generally.--A physician who knowingly performs or
induces an abortion on a minor in violation of the requirements
of this section shall be fined under this title or imprisoned
not more than one year, or both.
``(2) Parental notification.--A physician who performs or
induces an abortion on a minor who is a resident of a State
other than the State in which the abortion is performed must
provide, or cause his or her agent to provide, at least 24
hours actual notice to a parent of the minor before performing
the abortion. If actual notice to such parent is not possible
after a reasonable effort has been made, 24 hours constructive
notice must be given to a parent.
``(b) Exceptions.--The notification requirement of subsection
(a)(2) does not apply if--
``(1) the abortion is performed or induced in a State that
has, in force, a law requiring parental involvement in a
minor's abortion decision and the physician complies with the
requirements of that law;
``(2) the physician is presented with documentation showing
with a reasonable degree of certainty that a court in the
minor's State of residence has waived any parental notification
required by the laws of that State, or has otherwise authorized
that the minor be allowed to procure an abortion;
``(3) the minor declares in a signed written statement that
she is the victim of sexual abuse, neglect, or physical abuse
by a parent, and, before an abortion is performed on the minor,
the physician notifies the authorities specified to receive
reports of child abuse or neglect by the law of the State in
which the minor resides of the known or suspected abuse or
neglect;
``(4) the abortion is necessary to save the life of the
minor because her life was endangered by a physical disorder,
physical injury, or physical illness, including a life
endangering physical condition caused by or arising from the
pregnancy itself, but an exception under this paragraph does
not apply unless the attending physician or an agent of such
physician, within 24 hours after completion of the abortion,
notifies a parent in writing that an abortion was performed on
the minor and of the circumstances that warranted invocation of
this paragraph; or
``(5) the minor is physically accompanied by a person who
presents the physician or his agent with documentation showing
with a reasonable degree of certainty that he or she is in fact
the parent of that minor.
``(c) Civil Action.--Any parent who suffers harm from a violation
of subsection (a) may obtain appropriate relief in a civil action
unless the parent has committed an act of incest with the minor subject
to subsection (a).
``(d) Definitions.--For the purposes of this section--
``(1) the term `abortion' means the use or prescription of
any instrument, medicine, drug, or any other substance or
device intentionally to terminate the pregnancy of a female
known to be pregnant, with an intention other than to increase
the probability of a live birth, to preserve the life or health
of the child after live birth, to terminate an ectopic
pregnancy, or to remove a dead unborn child who died as the
result of a spontaneous abortion, accidental trauma, or a
criminal assault on the pregnant female or her unborn child;
``(2) the term `actual notice' means the giving of written
notice directly, in person, by the physician or any agent of
the physician;
``(3) the term `constructive notice' means notice that is
given by certified mail, return receipt requested, restricted
delivery to the last known address of the person being
notified, with delivery deemed to have occurred 48 hours
following noon on the next day subsequent to mailing on which
regular mail delivery takes place, days on which mail is not
delivered excluded;
``(4) the term a `law requiring parental involvement in a
minor's abortion decision' means a law--
``(A) requiring, before an abortion is performed on
a minor, either--
``(i) the notification to, or consent of, a
parent of that minor; or
``(ii) proceedings in a State court;
``(B) that does not provide as an alternative to
the requirements described in subparagraph (A)
notification to or consent of any person or entity who
is not described in that subparagraph;
``(5) the term `minor' means an individual who is not older
than 18 years and who is not emancipated under State law;
``(6) the term `parent' means--
``(A) a parent or guardian;
``(B) a legal custodian; or
``(C) a person standing in loco parentis who has
care and control of the minor, and with whom the minor
regularly resides;
as determined by State law;
``(7) the term `physician' means a doctor of medicine
legally authorized to practice medicine by the State in which
such doctor practices medicine, or any other person legally
empowered under State law to perform an abortion; and
``(8) the term `State' includes the District of Columbia
and any commonwealth, possession, or other territory of the
United States, and any Indian tribe or reservation.''.
SEC. 4. CLERICAL AMENDMENT.
The table of chapters at the beginning of part I of title 18,
United States Code, is amended by inserting after the item relating to
chapter 117 the following new items:
``117A. Transportation of minors in circumvention of certain 2431
laws relating to abortion.
``117B. Child interstate abortion notification.............. 2435''.
SEC. 5. SEVERABILITY AND EFFECTIVE DATE.
(a) The provisions of this Act shall be severable. If any provision
of this Act, or any application thereof, is found unconstitutional,
that finding shall not affect any provision or application of the Act
not so adjudicated.
(b) This Act and the amendments made by this Act shall take effect
45 days after the date of enactment of this Act. | Child Interstate Abortion Notification Act - Amends the federal criminal code to prohibit transporting a minor child across a state line to obtain an abortion (deems such transporting to be a de facto abridgment of the right of a parent under any law in the minors state of residence that requires parental involvement in the minors abortion decision). Makes an exception for an abortion necessary to safe the life of the minor.
Makes it an affirmative defense to a prosecution or civil action under this Act that a defendant: (1) reasonably believed that before the minor obtained the abortion, the required parental consent or notification or judicial authorization took place; or (2) was presented with documentation showing that a court waived parental notification requirements or authorized the minor's abortion.
Defines "abortion" as the termination of a pregnancy with an intention other than to increase the probability of a live birth, preserve the life or health of the child after live birth, remove a dead unborn child who died as the result of a spontaneous abortion, accidental trauma, or a criminal assault on the pregnant female or her unborn child.
Imposes a fine and/or prison term of up to one year on a physician who performs or induces an abortion on an out-of-state minor in violation of parental notification requirements. Requires such physician to give 24-hour actual or constructive notice to a parent of the minor seeking an abortion, subject to certain exceptions. | {"src": "billsum_train", "title": "To amend title 18, United States Code, to prohibit taking minors across State lines in circumvention of laws requiring the involvement of parents in abortion decisions."} | 2,798 | 321 | 0.577313 | 1.757415 | 0.803558 | 3.850365 | 9.423358 | 0.872263 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coastal Zone Renewable Energy
Promotion Act of 2003''.
SEC. 2. FINDINGS; PURPOSES AND OBJECTIVES.
(a) Findings.--The Congress finds that--
(1) There is an increasing need for the production of
electricity from energy facilities that use renewable resources
and some of these facilities may be located in waters under the
jurisdiction of the United States, including the coastal zone;
(2) Energy companies have already sought to construct
energy facilities in State and Federal waters that will use
renewable wind energy resources;
(3) Nationwide there are more than 50 proposals to
construct and operate ``wind farms'' for producing electricity
in State and Federal waters, and some of these proposals
include anchoring more than five hundred wind towers to the
ocean seabed within sight of land;
(4) Existing Federal and State law does not provide a
process to address the unique issues raised by proposals to
locate energy facilities for renewable resources in the marine
environment, thereby hindering or jeopardizing sensible
development of these renewable energy resources; and
(5) New Federal and State policies are needed to ensure the
timely and sensible development of renewable energy resources
that are accessible in the marine environment and to provide a
mechanism to resolve the significant public trust issues
involved in resource allocation and multiple uses in the marine
environment.
(b) Purposes and Objectives.--The purposes and objectives of this
Act are to--
(1) promote the sensible development of energy facilities
that use renewable energy resources in the marine environment
by authorizing the Secretary of Commerce to establish a
licensing regime and permitting process to ensure due
consideration of the public trust issues involved in resource
allocation, multiple use, and impacts on the marine
environment;
(2) direct the Secretary of Commerce, acting through the
Administrator of the National Oceanic and Atmospheric
Administration (NOAA), to use NOAA's expertise about the marine
environment and coastal zone to develop new Federal rules and
regulations to authorize and govern the sensible development of
renewable energy resources in a manner that provides for public
safety, safe navigation, protection of the marine environment,
prevention of waste, conservation of natural resources, access
to important commercial and recreational fishing areas, the
protection of correlative rights, protection of national
security interests, and payments to the Federal Government for
constructing and operating renewable energy facilities in
waters under the jurisdiction of the United States seaward of
the coastal zone; and
(3) encourage coastal States to amend their coastal zone
management plans to include policies and procedures that
address--
(A) issues arising from the location in the marine
environment of energy facilities that utilize renewable
energy sources;
(B) conflicting and competing resource allocation
and multiple use issues; and
(C) any adverse impacts from such facilities on the
marine environment, commercial and recreational fishing
and other activities, the boating community and
aesthetic, cultural and historic values.
SEC. 3. DEFINITIONS; EFFECTIVE DATE.
(a) Definitions.--
(1) Except where provided otherwise, any term used in this
Act that is defined in the Coastal Zone Management Act of 1972
(16 U.S.C. 1453 et seq.) shall have the same meaning as
provided in that Act (as amended by this Act).
(2) Section 304 of the Coastal Zone Management Act of 1972
(16 U.S.C. 1453) is amended by--
(A) renumbering paragraphs (16) through (18) as
paragraphs (18) through (20), respectively;
(B) inserting after paragraph (15) the following
new paragraphs--
``(16) The term `renewable energy facility' means any
equipment or facility which is or will be used primarily--
``(A) in the development, production, conversion,
storage, transfer, processing, or transportation of any
renewable energy resource; or
``(B) for the manufacture, production, or assembly
of equipment, machinery, products, or devices which are
involved in any activity described in subparagraph (A).
``(17) The term `renewable energy resource' means a source
of energy that is regenerative and is produced without
depleting or otherwise diminishing the resource from which such
energy is derived. Such term includes, but is not limited to,
solar, thermal, and wind energy sources.''; and
(C) inserting after paragraph (20) (as renumbered
by subparagraph (A)) the following new paragraph:
``(21) The term `wind energy facility' means a facility or
equipment that converts the kinetic energy of wind into
electricity. Such term includes all necessary components for
the generation and transmission of such wind energy.''.
(b) Effective Date.--The amendments made to the Coastal Zone
Management Act of 1972 (16 U.S.C. 1451 et seq.) by this Act shall be
effective on the date of enactment of this Act.
TITLE I--COASTAL STATE MANAGEMENT
SEC. 101. COASTAL ZONE ENHANCEMENT OBJECTIVES.
Section 309 of the Coastal Zone Management Act of 1972 (16 U.S.C.
1456b) is amended--
(1) in subsection (a) by inserting at the end the following
new paragraph--
``(8) The procedures and enforceable policies adopted to
facilitate the location of renewable energy facilities in the
marine environment, including any wind energy facility, shall,
among other things--
``(A) identify priority locations for renewable
energy facilities in the coastal zone;
``(B) ensure continued access to commercial and
recreational fishing areas, including shellfish beds;
``(C) include an environmental review of the
potential impacts on--
``(i) marine mammals and endangered species
and their designated critical habitat;
``(ii) birds;
``(iii) the marine environment including
the seabed;
``(iv) aesthetic, cultural and historical
resource values; and
``(v) the cumulative impacts of multiple
renewable energy facilities;
``(D) evaluate navigational and public safety
concerns, including but not limited to aviation safety,
and ensure continued access to important traditional
recreational boating areas;
``(E) include obligations for the payment of funds
necessary to pay for the decommissioning and removal of
renewable energy facilities;
``(F) include an assessment of the need for the
energy produced by renewable energy facilities; and
``(G) take into account national security
interests.'';
(2) in subsection (c) by inserting at the end the following
new sentence: ``In making funding decisions, the Secretary
shall give special consideration to those proposals for
management program changes related to the implementation of the
objectives identified in paragraph (a)(8) in States with
pending renewable energy facility proposals.''.
TITLE II--FEDERAL MARINE RENEWABLE ENERGY PROGRAM
SEC. 201. LICENSE FOR THE OPERATION OF RENEWABLE ENERGY FACILITIES IN
WATERS UNDER THE JURISDICTION OF THE UNITED STATES
SEAWARD OF THE COASTAL ZONE.
The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) is
amended by adding at the end the following new section--
``SEC. 314. RENEWABLE ENERGY FACILITIES.
``(a) License Requirement.--No person may construct or operate a
renewable energy facility in waters under the jurisdiction of the
United States seaward of the coastal zone except in accordance with a
license issued pursuant to this section.
``(b) Letter of Intent, Public Notice and Request for Proposals.--
``(1) Any person who seeks to apply for a license under
this section shall notify the Secretary in writing of their
intent to apply for a license under this section. A letter of
intent shall include, at a minimum, a description of the
proposed renewable energy facility, the specific location where
the applicant proposes to construct the facility, the proposed
timeframe for construction and operation of the facility and
the names of the applicant, owners and operators of the
proposed facility.
``(2) Within 30 days of receipt of a letter of intent, the
Secretary shall publish in the Federal Register notice
containing the requirements for a license application in the
area identified in the notice issued under paragraph (2), and a
request for proposals from all persons who seek a license to
construct and operate a renewable energy facility in the same
location. The Secretary shall determine the time within which
proposals must be submitted, but shall not set the submission
date less than 60 days from the date notice is published in the
Federal Register.
``(c) Public Interest Evaluation.--In evaluating applications
received under this section, the Secretary shall consider the amount of
energy the proposed project will produce, the economic impact to the
region where the facility will be located, the environmental impacts of
the proposed facility, the displacement of competing uses of the
proposed site and other relevant factors to determine which proposed
project best serves the public interest.
``(d) License Issuance Prerequisites.--The Secretary may only issue
a license under this section after the Secretary determines that--
``(1) based on recommendations from the Secretary of
Defense, the facility will be consistent with national security
needs;
``(2) based on recommendations from the Corps of Engineers
and the Coast Guard, the facility will not create an
obstruction to navigation;
``(3) the application is consistent with the approved
management programs of affected states;
``(4) construction or operation of the facility will not
unduly restrict access to commercial and recreational fishing
areas, including shellfish beds, and recreational boating
areas;
``(5) the facility will not adversely affect marine
mammals, threatened or endangered species, migratory birds, or
designated critical habitat;
``(6) construction or operation of the facility will not
adversely affect aesthetic, cultural, or historical resources
recognized or protected under Federal law or the laws of the
affected coastal States;
``(7) after consultation with the Secretary of
Transportation, that the renewable energy facility does not
pose a threat to aviation safety;
``(8) as a result of the Environmental Impact Statement,
the facility can be constructed or operated in a manner that
minimizes any adverse impact on the marine environment,
including the seabed and any other natural resources;
``(9) after consultation with the Secretary of Energy, that
the electricity that will be produced by the facility is
needed;
``(10) the location of the facility is not within the
boundaries of a National Marine Sanctuary or Marine Protected
Area;
``(11) the applicant will pay the fees required in the
application; and
``(12) the application was determined by the Secretary
under subsection (c) to best serve the public interest.
``(e) License Terms and Conditions.--
``(1) In issuing a license for the construction and
operation of a renewable energy facility the Secretary shall
prescribe the conditions necessary to carry out the provisions
of this Act and any other law, and such license shall only be
issued if the applicant agrees to comply with the conditions
the Secretary may prescribe in accordance with the provisions
of this Act.
``(2) No license issued under this section may be sold,
transferred, or materially changed in any other manner without
the prior written approval of the Secretary. The Secretary
shall ensure that any such sale, transfer or change is
consistent with the management plans of affected coastal States
before issuing an approval.
``(3) The Secretary shall establish such bonding
requirements or other assurances as may be necessary to assure
that, upon revocation, termination, relinquishment,
abandonment, transfer, sale, or surrender of the license, the
licensee will dispose of or remove all components of the
renewable energy facility as directed by the Secretary. The
Secretary may waive the disposal or removal requirements for
any submerged component of the renewable energy facility on or
below the seabed if he finds that such removal is not otherwise
necessary and that such component does not constitute a threat
to the environment, or impede navigation, fishing, or use of
the seabed.
``(f) Hearing and Public Comment.--The Secretary may issue a
license under this section only after public notice and opportunity for
comment, and after conducting during the comment period at least one
public hearing in the coastal area affected by the facility for which a
license is proposed to be issued.
``(g) Fees and Royalties.--The Secretary shall require the payment
of an application fee when a completed license application is accepted
in an amount sufficient to cover the administrative expenses of
processing the application. The Secretary shall also, after notice and
public comment, establish an annual royalty fee to be paid by the
holder of a license issued pursuant to this section during any year in
which electricity is produced under such license. To the extent
practicable, the Secretary shall set the royalty fee to recoup the
market value of the site for use as a renewable energy facility, taking
into account the size of the facility, any impacts on the marine
environment and other natural resources, the amount of electricity
produced, the value of the site to competing uses, whether or not the
renewable energy facility is located in a priority area and any other
relevant factors; provided, however, that the Secretary may set a
royalty fee at less than market value if he determines that it is
necessary and appropriate to encourage (a) small-scale developers; (b)
reduced environmental impacts, or (c) the siting of renewable energy
facilities in designated priority areas. Royalty fees and impact fees
assessed under subsection (b) shall be deposited in the Coastal Zone
Management Fund established under section 309.
``(h) No Right or Title.--No provision of this Act or any other law
shall be construed to limit the authority of the Secretary to terminate
or limit, without compensation to the holder, any license issued
pursuant to this section if the Secretary determines that such
termination or limitation is necessary to further the purposes of this
Act or to implement or enforce this Act or any other law.''.
SEC. 202. PRIORITY SITE IDENTIFICATION AND EVALUATION.
(a) Priority Site Identification and Evaluation.--To accelerate the
sensible development of renewable energy facilities in the marine
environment, the Secretary shall immediately begin to identify, list,
and evaluate those locations within the marine waters under the
jurisdiction of the United States seaward of the coastal zone that have
the greatest potential, consistent with this Act and section 309(a)(8)
of the Coastal Zone Management Act of 1972, as added by section 101 of
this Act, for producing energy from renewable energy facilities. In
identifying and listing these priority areas the Secretary shall
consult with the Secretary of Energy, the Coast Guard, the
Administrator of the Environmental Protection Agency, affected coastal
states and other public and private institutions and companies with
relevant expertise. In evaluating potential sites to be listed, the
Secretary shall, to the maximum extent possible, consult with the
Office of Energy Efficiency and Renewable Energy and the National
Renewable Energy Laboratory of the Department of Energy.
(b) Preference for Priority Sites.--The Secretary may not approve
an application filed under section 314 of the Coastal Zone Management
Act of 1972, as added by section 201 of this Act, that proposes to
construct and operate a renewable energy facility outside the
boundaries of a site identified under subsection (a) unless the
Secretary determines, in writing, that the location of the proposed
facility otherwise satisfies the criteria used in designating priority
sites under section 202(a) of this Act.
SEC. 203. REGULATIONS AND OTHER LAWS.
(a) Regulations.--The Secretary shall promulgate such regulations
as are necessary to carry out the purposes and objectives of this Act
within 12 months after the date of enactment of this Act.
(b) Savings Clause.--Nothing in this Act shall be construed to
displace, supercede, limit, or modify the jurisdiction, responsibility,
or authority of any Federal or State agency under any other Federal
law. | Coastal Zone Renewable Energy Promotion Act of 2003 - Amends the Coastal Zone Management Act of 1972 to expand statutory procedures and policies for the location of renewable energy facilities in the marine environment.Prescribes licensing requirements for the operation of renewable energy facilities in waters under Federal jurisdiction seaward of the coastal zone.Instructs the Secretary of Commerce immediately to identify and evaluate locations within such waters that have the greatest potential for producing energy from renewable energy facilities. | {"src": "billsum_train", "title": "To promote the Sensible Development of Renewable Energy in the Waters of the Coastal Zone, and for other purposes."} | 3,451 | 95 | 0.572174 | 1.418461 | 1.050865 | 4.192771 | 39.939759 | 0.939759 |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``S Corporation
Investment Act of 1995''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
SEC. 2. S CORPORATIONS PERMITTED TO HAVE 40 SHAREHOLDERS.
Subparagraph (A) of section 1361(b)(1) (defining small business
corporation) is amended by striking ``35 shareholders'' and inserting
``40 shareholders''.
SEC. 3. MEMBERS OF FAMILY TREATED AS 1 SHAREHOLDER.
Paragraph (1) of section 1361(c) (relating to special rules for
applying subsection (b)) is amended to read as follows:
``(1) Members of family treated as 1 shareholder.--
``(A) In general.--For purposes of subsection
(b)(1)(A)--
``(i) except as provided in clause (ii), a
husband and wife (and their estates) shall be
treated as 1 shareholder, and
``(ii) in the case of a family with respect
to which an election is in effect under
subparagraph (E), all members of the family
shall be treated as 1 shareholder.
``(B) Members of the family.--For purposes of
subparagraph (A)(ii), the term `members of the family'
means the lineal descendants of the common ancestor and
the spouses (or former spouses) of such lineal
descendants or common ancestor.
``(C) Common ancestor.--For purposes of this
paragraph, an individual shall not be considered a
common ancestor if, as of the later of the effective
date of this paragraph or the time the election under
section 1362(a) is made, the individual is more than 4
generations removed from the youngest generation of
shareholders.
``(D) Effect of adoption, etc.--In determining
whether any relationship specified in subparagraph (B)
or (C) exists, the rules of section 152(b)(2) shall
apply.
``(E) Election.--An election under subparagraph
(A)(ii)--
``(i) must be made with the consent of all
shareholders,
``(ii) shall remain in effect until
terminated, and
``(iii) shall apply only with respect to 1
family in any corporation.''
SEC. 4. INCREASE IN PASSIVE INCOME PERMITTED.
(a) Termination Provision.--Paragraph (3) of section 1362(d)
(relating to termination) is amended by striking ``25 percent'' in the
heading and in subparagraph (A)(i) and inserting ``40 percent''.
(b) Tax on Former C Corporations.--
(1) Subsections (a)(2) and (b)(1)(A)(i) of section 1375
(relating to tax imposed when passive investment income of
corporation having subchapter C earnings and profits exceeds 25
percent of gross receipts) are each amended by striking ``25
percent'' and inserting ``40 percent''.
(2) The heading of section 1375 is amended by striking ``25
percent'' and inserting ``40 percent''.
(3) The table of sections for part III of subchapter S of
chapter 1 is amended by striking ``25 percent'' and inserting
``40 percent'' in the item relating to section 1375.
SEC. 5. REINVESTMENT RESERVE.
(a) In General.--Part III of subchapter S of chapter 1 (relating to
special rules) is amended by adding at the end the following new
section:
``SEC. 1376. REINVESTMENT RESERVE.
``(a) In General.--In the case of an S corporation, at the election
of such corporation, there shall be allowed as a deduction for the
taxable year an amount equal to the payments made by the corporation
during such taxable year to a reinvestment reserve.
``(b) Limitation.--The amount which an S corporation may pay into
its reinvestment reserve for any taxable year shall not exceed an
amount equal to 3 percent of its taxable income (determined without
regard to this section) for such taxable year.
``(c) Reinvestment Reserve.--
``(1) In general.--Each S corporation which elects the
application of this section shall establish a reinvestment
reserve.
``(2) No tax on reserve earnings.--Earnings (including
gains and losses) from the investment of amounts in the reserve
shall not be taken into account under this title.
``(3) Use of reserve.--The reinvestment reserve shall be
used exclusively for the acquisition, construction,
reconstruction, or erection of tangible property to which
section 168 applies for use in the active conduct of a trade or
business of the S corporation.
``(4) Contributions to reserve.--The reinvestment reserve
shall not accept any payments (or other amounts) other than
payments with respect to which a deduction is allowable under
subsection (a).
``(5) Distributions from reserve.--There shall be
includible in the gross income of the S corporation for any
taxable year any amount distributed from the reinvestment
reserve during such taxable year.
``(6) Treatment of amounts not withdrawn within 3 years.--
``(A) In general.--Any amount not withdrawn from
the reinvestment reserve within the 3-year period
beginning on the date of its deposit shall be treated
as distributed as of the close of such period.
``(B) Deemed distributions taxed at highest
marginal rate.--If any amount is treated under
subparagraph (A) as distributed during any taxable
year--
``(i) such amount shall be excluded from
the gross income of the corporation, and
``(ii) there is hereby imposed on such
amount a tax equal to the product of such
amount and the highest rate of tax specified in
section 1.
``(C) Certain rules to apply.--Rules similar to the
rules of subparagraphs (B) and (C) of paragraphs (5)
and (6) of section 7518(g) shall apply for purposes of
this paragraph.
``(d) Time When Payments Deemed Made.--For purposes of this
section, a taxpayer shall be deemed to have made a payment to the
reinvestment reserve on the last day of a taxable year if such payment
is made on account of such taxable year and is made with 2\1/2\ months
after the close of such taxable year.''
(b) Clerical Amendment.--The table of sections for part III of
subchapter S of chapter 1 is amended by adding at the end the following
new section:
``Sec. 1376. Reinvestment reserve.''
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall apply to taxable years
beginning after the date of the enactment of this Act. | S Corporation Investment Act of 1995 - Amends the Internal Revenue Code to permit small business corporations to have not more than 40 (currently, not more than 35) shareholders, treating members of a family (currently, a husband and wife) as one shareholder.
Terminates a small business corporation's election to be an S corporation when passive investment income exceeds 40 (currently, 25) percent of gross receipts for three consecutive years and other requirements are met. Imposes a tax when an S corporation has C earnings and profits and has gross receipts more than 40 (currently, 25) percent of which are passive investment income.
Allows S corporations to elect to deduct payments to a reinvestment reserve. | {"src": "billsum_train", "title": "S Corporation Investment Act of 1995"} | 1,643 | 157 | 0.455429 | 1.140661 | 0.699702 | 1.881481 | 10.444444 | 0.844444 |
SECTION 1. INVESTMENT CREDIT FOR NEW MANUFACTURING AND OTHER PRODUCTION
EQUIPMENT.
(a) Allowance of Credit.--Section 46 of the Internal Revenue Code
of 1986 (relating to amount of investment credit) is amended by
striking ``and'' at the end of paragraph (2), by striking the period at
the end of paragraph (3) and inserting ``, and'', and by adding at the
end thereof the following new paragraph:
``(4) the manufacturing and other productive equipment
credit.''
(b) Amount of Credit.--Section 48 of such Code is amended by adding
at the end thereof the following new subsection:
``(c) Manufacturing and Other Productive Equipment Credit.--
``(1) In general.--For purposes of section 46, the
manufacturing and other productive equipment credit for any
taxable year is an amount equal to 10 percent of the excess (if
any) of--
``(A) the aggregate bases of qualified
manufacturing and other productive equipment properties
placed in service during such taxable year, over
``(B) the base amount.
``(2) Qualified manufacturing and productive equipment
property.--For purposes of this subsection--
``(A) In general.--The term `qualified
manufacturing and productive equipment property' means
any property--
``(i) which is used as an integral part of
manufacturing, production, or extraction or of
furnishing transportation, communications,
electrical energy, gas, water, or sewage
disposal services,
``(ii) which is tangible property to which
section 168 applies,
``(iii) which is section 1245 property (as
defined in section 1245(a)(3)), and
``(iv)(I) the construction, reconstruction,
or erection of which is completed by the
taxpayer, or
``(II) which is acquired by the taxpayer if
the original use of such property commences
with the taxpayer.
``(B) Special rule for computer software.--In the
case of any computer software which is used to control
or monitor a manufacturing or production process and
with respect to which depreciation (or amortization in
lieu of depreciation) is allowable, such software shall
be treated as qualified manufacturing and productive
equipment property.
``(3) Base amount.--For purposes of paragraph (1)(B)--
``(A) In general.--The term `base amount' means the
product of--
``(i) the fixed-base percentage, and
``(ii) the average annual gross receipts of
the taxpayer for the four taxable years
preceding the taxable year for which the credit
is being determined (hereafter in this
subsection referred to as the `credit year').
``(B) Minimum base amount.--In no event shall the
base amount be less than 50 percent of the amount
determined under paragraph (1)(A).
``(C) Fixed-base percentage.--
``(i) In general.--The fixed-base
percentage is the percentage which the
aggregate amounts described in paragraph (1)(A)
for taxable years beginning after December 31,
1986, and before January 1, 1992, is of the
aggregate gross receipts of the taxpayer for
such taxable years.
``(ii) Rounding.--The percentages
determined under clause (i) shall be rounded to
the nearest 1/100 of 1 percent.
``(D) Other rules.--Rules similar to the rules of
paragraphs (4) and (5) of section 41(c) shall apply for
purposes of this paragraph.
``(4) Coordination with other credits.--This subsection
shall not apply to any property to which the energy credit or
rehabilitation credit would apply unless the taxpayer elects to
waive the application of such credits to such property.
``(5) Certain progress expenditure rules made applicable.--
Rules similar to rules of subsection (c)(4) and (d) of section
46 (as in effect on the day before the date of the enactment of
the Revenue Reconciliation Act of 1990) shall apply for
purposes of this subsection.''
(b) Manufacturing and Other Productive Equipment Credit Allowable
Against Entire Regular Tax and Alternative Minimum Tax.--
(1) Subsection (c) of section 38 of such Code (relating to
limitation based on amount of tax) is amended by adding at the
end thereof the following new paragraph:
``(3) Special rules for manufacturing and other productive
equipment credit.--
``(A) In general.--In the case of a C corporation,
this section and section 39 shall be applied
separately--
``(i) first with respect to so much of the
credit allowed by subsection (a) as is not
attributable to the productive equipment
credit, and
``(ii) then with respect to the productive
equipment credit.
``(B) Rules for application of productive equipment
credit.--
``(i) In general.--In the case of the
productive equipment credit, in lieu of
applying the preceding paragraphs of this
subsection, the amount of such credit allowed
under subsection (a) for any taxable year shall
not exceed the net chapter 1 tax for such year.
``(ii) Net chapter 1 tax.--For purposes of
clause (i), the term `net chapter 1 tax' means
the sum of the regular tax liability for the
taxable year and the tax imposed by section 55
for the taxable year, reduced by the sum of the
credits allowable under this part for the
taxable year (other than under section 34 and
other than the productive equipment credit).
``(C) Productive equipment credit.--For purposes of
this paragraph, the term `productive equipment credit'
means the credit allowable under subsection (a) by
reason of section 48(c).''
(2) Paragraph (2) of section 55(c) of such Code is amended
to read as follows:
``(2) Cross references.--
``(A) For provisions providing that
certain credits are not allowable against the tax imposed by this
section, see sections 26(a), 28(d)(2), 29(b)(5), and 38(c).
``(B) For provision allowing
manufacturing and other productive equipment credit against the tax
imposed by this section, see section 38(c)(3).''
(d) Technical Amendments.--
(1) Clause (ii) of section 49(a)(1)(C) of such Code is
amended by inserting ``or qualified manufacturing and
productive equipment property'' after ``energy property''.
(2) Subparagraph (E) of section 50(a)(2) of such Code is
amended by inserting ``or 48(c)(5)'' before the period at the
end thereof.
(3) Paragraph (5) of section 50(a) of such Code is amended
by adding at the end thereof the following new subparagraph:
``(D) Special rules for certain property.--In the
case of any qualified manufacturing and productive
equipment property which is 3-year property (within the
meaning of section 168(e))--
``(i) the percentage set forth in clause
(ii) of the table contained in paragraph (1)(B)
shall be 66 percent,
``(ii) the percentage set forth in clause
(iii) of such table shall be 33 percent, and
``(iii) clauses (iv) and (v) of such table
shall not apply.''
(4)(A) The section heading for section 48 of such Code is
amended to read as follows:
``SEC. 48. OTHER CREDITS.''
(B) The table of sections for subpart E of part IV of
subchapter A of chapter 1 of such Code is amended by striking
the item relating to section 48 and inserting the following:
``Sec. 48. Other credits.''
(e) Effective Date.--The amendments made by this section shall
apply to--
(1) property acquired by the taxpayer after March 31, 1993,
and
(2) property the construction, reconstruction, or erection
of which is completed by the taxpayer after March 31, 1993, but
only to the extent of the basis thereof attributable to
construction, reconstruction, or erection after such date. | Amends the Internal Revenue Code to allow an investment tax credit for manufacturing and other productive equiment for the period after December 31, 1986, and before January 1, 1992. Provides for determining such credit.
Allows such credit in determining the regular tax and the alternative minimum tax. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to encourage investments in new manufacturing and other productive equipment by allowing an investment tax credit to taxpayers who increase the amount of such investments."} | 1,789 | 61 | 0.539288 | 1.243942 | 0.791227 | 2.854545 | 30.309091 | 0.854545 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Disaster Recovery Act of
2016''.
SEC. 2. STATE INDIVIDUAL ASSISTANCE PROGRAMS.
Title III of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5141 et seq.) is amended by adding at the end
the following:
``SEC. 327. STATE INDIVIDUAL ASSISTANCE PROGRAMS.
``(a) Incentive for Individual Assistance Programs.--A State may
receive an increased Federal share for financial assistance under
subsection (c) if the State develops and implements an individual
assistance program that authorizes the State government to provide
financial assistance, and if necessary, direct services, to individuals
and households in the State who, as a direct result of a major disaster
or an event that does not trigger a major disaster declaration, have
necessary expenses and serious needs in cases in which the individuals
and households are unable to meet such expenses through other means.
``(b) Eligibility Criteria.--
``(1) In general.--The Administrator of the Federal
Emergency Management Agency shall publish minimum eligibility
criteria for a State individual assistance program established
under subsection (a) that receives an increased Federal share
for financial assistance under subsection (c).
``(2) Considerations.--In formulating the minimum
eligibility criteria required under paragraph (1), the
Administrator of the Federal Emergency Management Agency shall
consider--
``(A) the total taxable resources of the individual
State or other measure of fiscal capacity, as
appropriate;
``(B) the variation of total taxable resources, or
other measures of fiscal capacity, among the individual
State; and
``(C) the historical frequency of declarations made
pursuant to sections 401 and 501.
``(3) Publication deadline.--The Administrator of the
Federal Emergency Management Agency shall publish--
``(A) interim minimum eligibility criteria required
under paragraph (1) not later than 180 days after the
date of enactment of this section; and
``(B) final minimum eligibility criteria required
under paragraph (1) not later than 1 year after the
date of enactment of this section.
``(c) Increased Federal Share for Financial Assistance to
Individuals and Households.--If, at the time of the declaration of a
major disaster, a State has in effect an individual assistance program
that meets the criteria published under subsection (b), the President
may increase to 100 percent, with respect to the major disaster, the
maximum percentage described in section 408(g)(2)(A).''.
SEC. 3. COMMUNITY SHELTER ASSISTANCE PROGRAM.
(a) In General.--Title III of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11331 et seq.) is amended--
(1) by striking section 322 and inserting the following:
``SEC. 322. AUTHORIZATION OF APPROPRIATIONS.
``(a) Emergency Food and Shelter Grants.--There is authorized to be
appropriated to carry out subtitle B $180,000,000 for fiscal year 2017.
``(b) Disaster Supplemental Food and Shelter Grants.--There is
authorized to be appropriated to carry out subtitle D $180,000,000 for
fiscal year 2017.''; and
(2) by adding at the end the following:
``Subtitle D--Disaster Supplemental Food and Shelter Grants
``SEC. 331. GRANTS BY THE ADMINISTRATOR.
``Not later than 30 days after the date on which amounts become
available to carry out this subtitle, the Administrator of the Federal
Emergency Management Agency (referred to in this subtitle as the
`Administrator') shall award a grant for the full amount that Congress
makes available for the program under this subtitle to the National
Board for the purpose of providing disaster supplemental food and
shelter grants to needy individuals through private nonprofit
organizations and local governments in accordance with section 333.
``SEC. 332. RETENTION OF INTEREST EARNED.
``(a) In General.--Interest accrued on the balance of any grant to
the National Board under this subtitle shall be available to the
National Board for reallocation.
``(b) Determination of Costs.--Total administrative costs shall be
determined based on the total amount of funds available, including
interest and any private contributions that are made to the National
Board.
``SEC. 333. PURPOSES OF GRANTS.
``(a) Eligible Activities.--Grants to the National Board under this
subtitle may be used--
``(1) to supplement and expand ongoing efforts to provide
shelter, food, and supportive services for any area for which
the President declares a major disaster under section 401 of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5170);
``(2) to strengthen efforts to create more effective and
innovative local disaster response programs by providing
funding for those programs; and
``(3) to conduct minimum rehabilitation of existing mass
shelter facilities, but only to the extent necessary to make
facilities safe, sanitary, and bring facilities into compliance
with local building codes.
``(b) Limitations on Activities.--
``(1) Eligible programs.--The National Board may only
provide funding provided under this subtitle for programs that
are--
``(A) carried out by private nonprofit
organizations and local governments;
``(B) consistent with the purposes of this title;
and
``(C) administered within an area for which--
``(i) the President declared a major
disaster under section 401 of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170) during the 12-
month period immediately preceding the grant;
and
``(ii) assistance has not been provided
with respect to the major disaster under
section 408 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C.
5174).
``(2) National board.--The National Board may not carry out
programs directly.
``SEC. 334. LIMITATION ON CERTAIN COSTS.
``Not more than 10 percent of the total amount made available for
the program under this subtitle for each fiscal year may be expended
for the costs of administration.
``SEC. 335. DISBURSEMENT OF FUNDS.
``Any amount made available by appropriation Acts under this
subtitle unobligated by the National Board before the expiration of the
12-month period beginning on the date on which the amount becomes
available shall be transferred to the general fund of the Treasury.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 101(b) of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11301 note) is amended by inserting after the item relating to section
322 the following:
``Subtitle D--Disaster and Supplemental Food Shelter Grants
``Sec. 331. Grants by the Administrator.
``Sec. 332. Retention of interest earned.
``Sec. 333. Purposes of grants.
``Sec. 334. Limitation on certain costs.
``Sec. 335. Disbursement of funds.''.
SEC. 4. EMERGENCY CONSERVATION PROGRAM.
(a) Maximum Payments Per Person or Legal Entity.--The Secretary of
Agriculture, acting through the Administrator of the Farm Service
Agency, shall amend the regulations promulgated pursuant to section 405
of the Agricultural Credit Act of 1978 (16 U.S.C. 2205) relating to the
emergency conservation program to provide that the maximum amount of
payments made under section 401 or 402 of that Act (16 U.S.C. 2201,
2202) per person or legal entity per natural disaster is $500,000.
(b) Rulemaking.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Agriculture, acting through the
Administrator of the Farm Service Agency, shall initiate a rulemaking
to amend the regulations promulgated pursuant to section 405 of the
Agricultural Credit Act of 1978 (16 U.S.C. 2205) relating to the
emergency conservation program to account for the challenges posed by
the increase in frequency and intensity of wildland fire.
SEC. 5. EMERGENCY WATERSHED PROTECTION PROGRAM WILDFIRE PILOT.
(a) Findings.--Congress finds that additional consideration of how
the Federal Government supports and expedites the recovery of rural
areas affected by wildfires is necessary because wildfires--
(1) pose unique mitigation, management, response, and
recovery challenges due to the unpredictable size, location,
and duration of wildfires; and
(2)(A) disproportionately impact rural areas; and
(B) inflict long-term damage on the agricultural systems
rural areas economically rely on.
(b) Definitions.--In this section:
(1) Eligible jurisdiction.--The term ``eligible
jurisdiction'' means a jurisdiction within an area for which
the President declared a major disaster in accordance with
section 401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170) for wildfire.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Natural
Resources Conservation Service.
(c) Pilot Program.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish a pilot program
for the administration of the emergency watershed protection program
established under section 403 of the Agricultural Credit Act of 1978
(16 U.S.C. 2203) in eligible jurisdictions to extend deadlines for the
submission of applications and the provision of amounts under the
program in accordance with subsection (d).
(d) Extension of Deadlines.--
(1) Applications.--During the period described in
subsection (f), a sponsor may apply for amounts under the
emergency watershed protection program for a project within an
eligible jurisdiction by submitting a request to the State
conservationist for the State in which the eligible
jurisdiction is located not later than--
(A) 180 days after the date on which the President
declared the major disaster for wildfire;
(B) 60 days after the date on which access to site
of the project becomes available, as determined by the
Secretary; or
(C) 60 days after the date of 100-percent
containment of a wildfire for which a major disaster
declaration is issued.
(2) Awards.--
(A) In general.--During the period described in
subsection (f), except as provided in subparagraph (B),
not later than 360 days after the date on which the
Secretary commits amounts to the applicable State
conservationist for the provision of amounts under the
emergency watershed protection program for a project
within an eligible jurisdiction--
(i) the State conservationist shall provide
the amounts to the sponsor of the project; and
(ii) the project shall be completed.
(B) Emergency situations.--During the period
described in subsection (f), in an emergency situation
(as determined by the Secretary), not later than 10
days after the date on which the Secretary commits
amounts to the applicable State conservationist for the
provision of amounts under the emergency watershed
protection program for a project within an eligible
jurisdiction, the project shall be completed.
(e) Reports to Congress.--
(1) In general.--Not later than 1 year after the date on
which the pilot program is established under subsection (c),
and once the following year, the Secretary shall prepare a
report describing--
(A) the number of applications submitted for a
project under the pilot program during the 60-day
period beginning on the date on which the pilot program
is established;
(B) the number of applications described in
subparagraph (A) that were approved;
(C) the average time of construction of projects
for which applications described in subparagraph (B)
were submitted; and
(D) such other information as the Secretary
considers appropriate.
(2) Submission.--The Secretary shall submit each report
under paragraph (1) to each of the following:
(A) In the Senate:
(i) The Committee on Agriculture,
Nutrition, and Forestry.
(ii) The Committee on Homeland Security and
Governmental Affairs.
(iii) The Committee on Appropriations.
(B) In the House of Representatives:
(i) The Committee on Agriculture.
(ii) The Committee on Homeland Security.
(iii) The Committee on Appropriations.
(f) Duration.--The pilot program established under subsection (c)
shall be carried out during the 2-year period beginning on the date on
which the pilot program is established.
SEC. 6. EXPANDED ELIGIBILITY FOR HAZARD MITIGATION ASSISTANCE.
Section 404 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170c) is amended by adding at the end the
following:
``(f) Expanded Eligibility.--Notwithstanding any other provision of
this section or section 420, the President may provide hazard
mitigation assistance in accordance with this section in any area in
which assistance is provided under section 420.''. | Rural Disaster Recovery Act of 2016 This bill amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President, if a state has in effect an individual assistance program that meets specified criteria, to increase to 100%, with respect to a major disaster, the federal share of financial assistance provided to individuals and households in that state to address needs other than housing. To receive such increased federal share, the state must develop and implement such a program that authorizes the state to provide financial assistance and necessary direct services to individuals who, as a direct result of a major disaster or an event that does not trigger a major disaster declaration, have necessary expenses and serious needs they are unable to meet otherwise. The Federal Emergency Management Agency (FEMA) shall publish minimum eligibility criteria for such a program. The bill amends the McKinney-Vento Homeless Assistance Act to: (1) authorize appropriations for emergency food and shelter grants, and for disaster supplemental food and shelter grants, for FY2017; and (2) require FEMA to award a grant for the full amount that Congress makes available for the Federal Emergency Management Food and Shelter Program to the Emergency Food and Shelter Program National Board for the purpose of providing disaster supplemental food and shelter grants to needy individuals through private nonprofit organizations and local governments. Eligibility requirements for such grants are specified. The Farm Service Agency shall: (1) amend the regulations promulgated pursuant to the Agricultural Credit Act of 1978 relating to the emergency conservation program to limit the maximum amount of payments made per person or legal entity per natural disaster for carrying out wind erosion control or rehabilitation measures or for carrying out water conservation or water enhancing measures to $500,000, and (2) initiate a rule making to amend the regulations promulgated to carry out the emergency conservation program to account for the challenges posed by the increase in frequency and intensity of wildland fires. The Natural Resources Conservation Service shall establish a two-year pilot program for the administration of the emergency watershed protection program in jurisdictions within areas for which the President declared a major disaster to extend deadlines, as specified, for submitting applications and the provision of amounts under the program. The President may provide hazard mitigation assistance in any area in which fire management assistance is provided. | {"src": "billsum_train", "title": "Rural Disaster Recovery Act of 2016"} | 2,949 | 477 | 0.664948 | 2.001814 | 0.762547 | 4.25576 | 6.004608 | 0.914747 |
SECTION 1. REDUCTION IN LIMITATION AMOUNT APPLICABLE TO NONPARTY
MULTICANDIDATE POLITICAL COMMITTEE CONTRIBUTIONS IN
ELECTIONS FOR FEDERAL OFFICE.
Section 315(a)(2)(A) of the Federal Election Campaign Act of 1971
(2 U.S.C. 441a(a)(2)(A)) is amended by inserting after ``$5,000'' the
following: ``, except that, in the case of a nonparty multicandidate
political committee, the limitation under this subparagraph shall be
$1,000''.
SEC. 2. PROHIBITION OF NONPARTY MULTICANDIDATE POLITICAL COMMITTEE
BUNDLING OF CONTRIBUTIONS TO CANDIDATES.
Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441a) is amended by adding at the end the following new subsection:
``(i) No nonparty multicandidate political committee may act as an
intermediary or conduit with respect to a contribution to a candidate
for Federal office.''.
SEC. 3. PROHIBITION OF LEADERSHIP COMMITTEES.
Section 302 of the Federal Election Campaign Act of 1971 (2 U.S.C.
432) is amended by adding at the end the following new subsection:
``(j) A candidate for Federal office may not establish, maintain,
finance, or control a political committee, other than the principal
campaign committee of the candidate.''.
SEC. 4. INCOME TAX CREDIT FOR CONTRIBUTIONS TO CANDIDATES FOR THE HOUSE
OF REPRESENTATIVES.
(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 before section 25 the
following new section:
``SEC. 24. CONTRIBUTIONS TO CANDIDATES FOR THE HOUSE OF
REPRESENTATIVES.
``(a) General Rule.--In the case of an individual, there shall be
allowed, subject to the limitations in subsection (b), as a credit
against the tax imposed by this chapter for the taxable year, an amount
equal to all local congressional political contributions for which
payment is made by the taxpayer within the taxable year.
``(b) Limitations.--
``(1) Maximum credit.--The credit allowed by subsection (a)
for a taxable year shall not exceed $100 ($200 in the case of a
joint return).
``(2) Verification.--A credit shall be allowed by
subsection (a) with respect to any local congressional
political contribution only if the contribution is verified in
the manner prescribed by the Secretary in regulations.
``(c) Definitions.--For purposes of this section--
``(1) Local congressional political contribution.--The term
`local congressional political contribution' means a
contribution or gift of money to--
``(A) a local congressional candidate, or
``(B) a committee, association, or organization
(whether or not incorporated) organized and operated
exclusively for the purpose of influencing (or
attempting to influence) the nomination or election of
a local congressional candidate,
for use to further the candidacy of such candidate for
nomination or election to the House of Representatives.
``(2) Local congressional candidate.--The term `local
congressional candidate' means a candidate in any primary,
general, or special election for nomination or election to the
House of Representatives for the congressional district in
which the principal residence of the taxpayer is located.
``(3) Candidate.--The term `candidate' means an individual
who--
``(A) publicly announces before the close of the
calendar year following the calendar year in which the
contribution or gift is made that the individual is a
candidate for nomination or election to the House of
Representatives, and
``(B) meets the qualification prescribed by law to
hold such office.
``(4) Principal residence.--The term `principal residence'
has the same meaning as when used in section 1034.
``(d) Cross Reference.--
``For disallowance of credits to estates
and trusts, see section 642(j).''
(b) Conforming Amendments.--
(1) Section 642 of such Code (relating to special rules for
credits and deductions) is amended by adding at the end the
following new subsection:
``(j) Political Contributions.--An estate or trust shall not be
allowed the credit for contributions to candidates for the House of
Representatives provided by section 24.''
(2) The table of sections for subpart A of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
before the item relating to section 25 the following new item.
``Sec. 24. Contributions to candidates
for the House of
Representatives.''
(c) Effective Date.--The amendments made by this section shall
apply to amounts paid after the date of the enactment of this Act.
SEC. 5. REPEAL OF CERTAIN CHANGES IN THE MINIMUM TAX RELATING TO
DEPLETION AND INTANGIBLE DRILLING COSTS.
(a) Restoration of Minimum Tax Preference for Depletion and
Intangible Drilling Costs for Independent Producers and Royalty
Owners.--Section 1915 of the Energy Policy Act of 1992 (and the
amendments made by such section) are hereby repealed, and the Internal
Revenue Code of 1986 shall be applied and administered as if such
section (and amendments) had never been enacted.
(b) Repeal of Minimum Tax Deduction Based On Intangible Drilling
Cost Preference.--
(1) In general.--Subparagraph (A) of section 56(h)(1) of
such Code (relating to adjustment based on energy preferences),
as in effect after the application of subsection (a), is
amended to read as follows:
``(A) 50 percent of the marginal production
depletion preference, or''.
(2) Conforming amendments.--
(A) Subsection (h) of section 56 of such Code, as
so in effect, is amended by striking paragraphs (3),
(4), and (6) and by redesignating paragraphs (5), (7),
and (8) as paragraphs (3), (4) and (5), respectively.
(B) Paragraph (4) of section 56(h) of such Code (as
so redesignated by subparagraph (A)) is amended to read
as follows:
``(4) Special rule.--For purposes of paragraphs (1)(B) and
(3), alternative minimum taxable income shall be determined
without regard to the deduction allowable under this subsection
and the alternative tax net operating deduction under
subsection (a)(4).''
(C) Clause (ii) of section 59(a)(2)(A) of such Code
is amended by striking ``alternative tax energy
preference''.
(D) Paragraph (1) of section 59A(b) of such Code is
amended by striking ``alternative tax energy
preference''.
(3) Effective date.--The amendments made by this subsection
shall apply to amounts paid or incurred after the date of the
enactment of this Act.
SEC. 6. TECHNICAL AMENDMENTS.
(a) Transfer of Definition.--Section 301 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 431) is amended by adding at the end the
following new paragraph:
``(20) The term `multicandidate political committee' means a
political committee which has been registered under section 303 for a
period of not less than 6 months, which has received contributions from
more than 50 persons, and, except for any State political party
organization, has made contributions to 5 or more candidates for
Federal office.''.
(b) Conforming Amendment.--Section 315(a)(4) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 441a(a)(4)) is amended by
striking out the second sentence. | Amends the Federal Election Campaign Act of 1971 to decrease the limitation on contributions to candidates for Federal office by a multicandidate political committee (PAC). Prohibits a nonparty committee from acting as an intermediary or conduit (to facilitate bundling) with respect to such contributions.
Prohibits a candidate for Federal office from establishing, maintaining, financing, or controlling a political committee (leadership committee) other than the principal campaign committee.
Amends the Internal Revenue Code to allow a tax credit for congressional campaign contributions to candidates for the House of Representatives.
Amends the Internal Revenue Code to repeal the minimum tax deduction based on intangible drilling cost preferences. | {"src": "billsum_train", "title": "To amend the Federal Election Campaign Act of 1971 to limit the influence of nonparty multicandidate political committees in elections for Federal office, to amend the Internal Revenue Code of 1986 to provide for an income tax credit for contributions to candidates for the House of Representatives, and for other purposes."} | 1,813 | 149 | 0.624711 | 1.691305 | 0.725856 | 2.747967 | 12.422764 | 0.878049 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Timber Sale Financial Accountability
Act of 1995''.
SEC. 2. RELIANCE ON FOREST SERVICE TIMBER SALE RECEIPTS TO FUND TIMBER
SALES.
(a) Timber Receipts To Cover Costs.--Section 14 of the National
Forest Management Act of 1976 (16 U.S.C. 472a) is amended by adding at
the end the following new subsection:
``(j) Use of Timber Receipts To Cover Sale Costs.--
``(1) Timber receipts fund.--There is hereby established in
the Treasury of the United States a fund to be known as the
`National Forest System Timber Receipts Fund' and consisting of
receipts from the sale of trees, portions of trees, and forest
products located on National Forest System lands. The Fund
shall consist of two accounts, one account for units of the
National Forest System located east of the Mississippi River
and the other account for units located west of the Mississippi
River and in Alaska. Amounts in the two accounts may not be
commingled. Amounts in the Fund are to be available until
expended.
``(2) Use of fund.--Amounts in an account of the Fund shall
be available, in such amounts as are provided in advance in
appropriation Acts, to the Secretary of Agriculture for the
purpose of covering the cost to the United States--
``(A) for design, engineering, and supervision of
the construction of roads needed in connection with
timber sales conducted under this section in units of
the National Forest System covered by the account; and
``(B) for Forest Service preparation,
advertisement, offering, awarding, and supervision of
the operation of such timber sales.
``(3) Reliance on fund.--The Fund shall be the sole source
of amounts for the activities specified in paragraph (2), and
amounts otherwise appropriated or made available to the
Secretary or the Forest Service in appropriation Acts may not
be obligated or expended for such activities.
``(4) Effect on other laws.--Except as provided in
paragraph (5), the following provisions of law shall not apply
to receipts from the sale of trees, portions of trees, and
forest products located on National Forest System lands:
``(A) The fifth paragraph under the heading
``FOREST SERVICE'' in the Act of March 4, 1907 (34
Stat. 1270; 16 U.S.C. 499).
``(B) The fourth sentence in section 9 of the Act
of June 7, 1924 (43 Stat. 655; 16 U.S.C. 499; commonly
known as the Clarke-McNary Act).
``(C) The sixth paragraph under the heading
``FOREST SERVICE'' in the Act of May 23, 1908 (35 Stat.
260; 16 U.S.C. 500).
``(D) Section 13 of the Act of March 1, 1911 (36
Stat. 963; 16 U.S.C. 500; commonly known as the Weeks
Act).
``(E) The sixth paragraph under the heading
``administrative provisions, forest service'' in title
II of the Department of the Interior and Related
Agencies Appropriations Act, 1993 (Public Law 102-381;
106 Stat. 1400; 16 U.S.C. 500 note).
``(F) The fourteenth paragraph under the heading
``FOREST SERVICE'' of the Act of March 4, 1913 (37
Stat. 843; 16 U.S.C. 501).
``(5) Excess amounts.--Amounts in the Fund determined by
the Secretary to be in excess of the cost of accomplishing the
activities specified in paragraph (2) shall be transferred to
miscellaneous receipts in the Treasury of the United States.
Amounts transferred shall be considered as moneys received from
the national forests within the meaning of the sixth paragraph
under the heading ``FOREST SERVICE'' in the Act of May 23, 1908
(35 Stat. 260; 16 U.S.C. 500), section 13 of the Act of March
1, 1911 (36 Stat. 963; 16 U.S.C. 500; commonly known as the
Weeks Act), and the fourteenth paragraph under the heading
``FOREST SERVICE'' of the Act of March 4, 1913 (37 Stat. 843;
16 U.S.C. 501).''.
(b) Conforming Amendments.--Such section is further amended--
(1) in subsection (h)--
(A) by striking ``in a designated fund'' in the
third sentence and inserting ``in the National Forest
System Timber Receipts Fund established under
subsection (j),''; and
(B) by striking the last sentence, including the
provisos; and
(2) in subsection (i)(2), by striking ``, and such
additional sums as may be appropriated for the construction of
roads''. | Timber Sale Financial Accountability Act of 1995 - Amends the National Forest Management Act of 1976 to establish in the Treasury the National Forest System Timber Receipts Fund which shall be the sole funding source for the Forest System timber sale program. | {"src": "billsum_train", "title": "Timber Sale Financial Accountability Act of 1995"} | 1,104 | 53 | 0.582271 | 1.393689 | 0.859548 | 2.744186 | 22.72093 | 0.883721 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lovelace Respiratory Research
Institute Land Conveyance Act''.
SEC. 2. DEFINITION.
In this Act:
(1) Institute.--The term ``Institute'' means the Lovelace
Respiratory Research Institute, a nonprofit organization
chartered under the laws of the State of New Mexico.
(2) Map.--The term ``map'' means the map entitled
``Lovelace Respiratory Research Institute Land Conveyance'' and
dated March 18, 2008.
(3) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Energy, with respect to
matters concerning the Department of Energy;
(B) the Secretary of the Interior, with respect to
matters concerning the Department of the Interior; and
(C) the Secretary of the Air Force, with respect to
matters concerning the Department of the Air Force.
(4) Secretary of energy.--The term ``Secretary of Energy''
means the Secretary of Energy, acting through the Administrator
for the National Nuclear Security Administration.
SEC. 3. CONVEYANCE OF LAND.
(a) In General.--Notwithstanding section 120(h) of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9620(h)) and subject to valid existing rights and
this Act, the Secretary of Energy, in consultation with the Secretary
of the Interior and the Secretary of the Air Force, may convey to the
Institute, on behalf of the United States, all right, title, and
interest of the United States in and to the parcel of land described in
subsection (b) for research, scientific, or educational use.
(b) Description of Land.--The parcel of land referred to in
subsection (a)--
(1) is the approximately 135 acres of land identified as
``Parcel A'' on the map;
(2) includes any improvements to the land described in
paragraph (1); and
(3) excludes any portion of the utility system and
infrastructure reserved by the Secretary of the Air Force under
subsection (d).
(c) Other Federal Agencies.--The Secretary of the Interior and the
Secretary of the Air Force shall complete any real property actions,
including the revocation of any Federal withdrawals of the parcel
conveyed under subsection (a) and the parcel described in section
(4)(a), that are necessary to allow the Secretary of Energy to--
(1) convey the parcel under subsection (a); or
(2) transfer administrative jurisdiction under section 4.
(d) Reservation of Utility Infrastructure and Access.--The
Secretary of the Air Force may retain ownership and control of--
(1) any portions of the utility system and infrastructure
located on the parcel conveyed under subsection (a); and
(2) any rights of access determined to be necessary by the
Secretary of the Air Force to operate and maintain the
utilities on the parcel.
(e) Restrictions on Use.--
(1) Authorized uses.--The Institute shall allow only
research, scientific, or educational uses of the parcel
conveyed under subsection (a).
(2) Reversion.--
(A) In general.--If, at any time, the Secretary of
Energy, in consultation with the Secretary of the Air
Force, determines, in accordance with subparagraph (B),
that the parcel conveyed under subsection (a) is not
being used for a purpose described in paragraph (1)--
(i) all right, title, and interest in and
to the entire parcel, or any portion of the
parcel not being used for the purposes, shall
revert, at the option of the Secretary, to the
United States; and
(ii) the United States shall have the right
of immediate entry onto the parcel.
(B) Requirements for determination.--Any
determination of the Secretary under subparagraph (A)
shall be made on the record and after an opportunity
for a hearing.
(f) Costs.--
(1) In general.--The Secretary of Energy shall require the
Institute to pay, or reimburse the Secretary concerned, for any
costs incurred by the Secretary concerned in carrying out the
conveyance under subsection (a), including any survey costs
related to the conveyance.
(2) Refund.--If the Secretary concerned collects amounts
under paragraph (1) from the Institute before the Secretary
concerned incurs the actual costs, and the amount collected
exceeds the actual costs incurred by the Secretary concerned to
carry out the conveyance, the Secretary concerned shall refund
to the Institute an amount equal to difference between--
(A) the amount collected by the Secretary
concerned; and
(B) the actual costs incurred by the Secretary
concerned.
(3) Deposit in fund.--
(A) In general.--Amounts received by the United
States under this subsection as a reimbursement or
recovery of costs incurred by the Secretary concerned
to carry out the conveyance under subsection (a) shall
be deposited in the fund or account that was used to
cover the costs incurred by the Secretary concerned in
carrying out the conveyance.
(B) Use.--Any amounts deposited under subparagraph
(A) shall be available for the same purposes, and
subject to the same conditions and limitations, as any
other amounts in the fund or account.
(g) Contaminated Land.--In consideration for the conveyance of the
parcel under subsection (a), the Institute shall--
(1) take fee title to the parcel and any improvements to
the parcel, as contaminated;
(2) be responsible for undertaking and completing all
environmental remediation required at, in, under, from, or on
the parcel for all environmental conditions relating to or
arising from the release or threat of release of waste
material, substances, or constituents, in the same manner and
to the same extent as required by law applicable to privately
owned facilities, regardless of the date of the contamination
or the responsible party;
(3) indemnify the United States for--
(A) any environmental remediation or response costs
the United States reasonably incurs if the Institute
fails to remediate the parcel; or
(B) contamination at, in, under, from, or on the
land, for all environmental conditions relating to or
arising from the release or threat of release of waste
material, substances, or constituents;
(4) indemnify, defend, and hold harmless the United States
from any damages, costs, expenses, liabilities, fines,
penalties, claim, or demand for loss, including claims for
property damage, personal injury, or death resulting from
releases, discharges, emissions, spills, storage, disposal, or
any other acts or omissions by the Institute and any officers,
agents, employees, contractors, sublessees, licensees,
successors, assigns, or invitees of the Institute arising from
activities conducted, on or after October 1, 1996, on the
parcel conveyed under subsection (a); and
(5) reimburse the United States for all legal and attorney
fees, costs, and expenses incurred in association with the
defense of any claims described in paragraph (4).
(h) Contingent Environmental Response Obligations.--If the
Institute does not undertake or complete environmental remediation as
required by subsection (g) and the United States is required to assume
the responsibilities of the remediation, the Secretary of Energy shall
be responsible for conducting any necessary environmental remediation
or response actions with respect to the parcel conveyed under
subsection (a).
(i) No Additional Compensation.--Except as otherwise provided in
this Act, no additional consideration shall be required for conveyance
of the parcel to the Institute under subsection (a).
(j) Access and Utilities.--On conveyance of the parcel under
subsection (a), the Secretary of the Air Force shall, on behalf of the
United States and subject to any terms and conditions as the Secretary
determines to be necessary (including conditions providing for the
reimbursement of costs), provide the Institute with--
(1) access for employees and invitees of the Institute
across Kirtland Air Force Base to the parcel conveyed under
that subsection; and
(2) access to utility services for the land and any
improvements to the land conveyed under that subsection.
(k) Additional Term and Conditions.--The Secretary of Energy, in
consultation with the Secretary of the Interior and Secretary of the
Air Force, may require any additional terms and conditions for the
conveyance under subsection (a) that the Secretaries determine to be
appropriate to protect the interests of the United States.
SEC. 4. TRANSFER OF ADMINISTRATIVE JURISDICTION.
(a) In General.--After the conveyance under section 3(a) has been
completed, the Secretary of Energy shall, on request of the Secretary
of the Air Force, transfer to the Secretary of the Air Force
administrative jurisdiction over the parcel of approximately 7 acres of
land identified as ``Parcel B'' on the map, including any improvements
to the parcel.
(b) Removal of Improvements.--In concurrence with the transfer
under subsection (a), the Secretary of Energy shall, on request of the
Secretary of the Air Force, arrange and pay for removal of any
improvements to the parcel transferred under that subsection. | Lovelace Respiratory Research Institute Land Conveyance Act - Directs the Secretary of Energy to convey specified land identified as Parcel A (including any improvements) to the Lovelace Respiratory Research Institute in New Mexico only for research, scientific, or educational use.
Requires the Secretaries of the Interior and Air Force to complete any real property actions, including the revocation of any federal withdrawals of Parcels A and B, that are necessary to allow the Secretary to convey Parcel A or to transfer administrative jurisdiction over Parcel B to the Secretary of the Air Force.
Authorizes the Secretary of the Air Force to retain ownership and control of: (1) portions of the utility system and infrastructure on Parcel A; and (2) rights of access determined to be necessary to operate and maintain the utilities on such parcel.
Requires the Institute to pay or reimburse costs incurred in the conveyance of Parcel A, including related survey costs.
Instructs the Institute to take fee title to Parcel A and any improvements, as contaminated. Makes the Institute responsible for completing all environmental remediation required with respect to such parcel for all environmental conditions related to or arising from contamination.
Requires the Institute to indemnify the United States for: (1) any environmental remediation or response costs the United States reasonably incurs if the Institute fails to remediate Parcel A or for contamination at, in, under, from, or on the land for all environmental conditions related to or arising from contamination; (2) indemnify, defend, and hold harmless the United States from any damages, expenses, liabilities, penalties, claim, or demand for loss, including injury or death, resulting from releases, storage, or disposal, or any other acts or omissions by the Institute arising from activities conducted on such parcel on or after October 1, 1996; and (3) reimburse the United States for legal and attorney fees and expenses incurred in association with the defense of any claims described in clause 2.
Makes the Secretary of Energy responsible for conducting any necessary environmental remediation or response actions with respect to Parcel A if the Institute does not complete the environmental remediation required by this Act.
Directs the Secretary of the Air Force to provide the Institute with: (1) access for employees and invitees of the Institute across Kirtland Air Force Base to Parcel A; and (2) access to utility services for such parcel.
Requires the Secretary of Energy to arrange and pay for the removal of any improvements made to Parcel B. | {"src": "billsum_train", "title": "A bill to authorize the conveyance of certain public land in the State of New Mexico owned or leased by the Department of Energy, and for other purposes."} | 1,947 | 527 | 0.658482 | 2.415493 | 0.749783 | 4.496842 | 3.924211 | 0.96 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Localism in Broadcasting Reform Act
of 2005''.
SEC. 2. 3-YEAR TERM FOR BROADCAST LICENSES.
(a) In General.--Section 307(c)(1) of the Communications Act of
1934 (47 U.S.C. 307(c)(1)) is amended by striking ``8'' each place it
appears and inserting ``3''.
(b) Existing Licenses.--The amendment made by subsection (a) shall
apply to licenses granted or renewed after the date of enactment of
this Act.
SEC. 3. FULL COMMISSION REVIEW REQUIRED FOR 5 PERCENT OF APPLICATIONS.
Section 309(a) of the Communications Act of 1934 (47 U.S.C. 309(a))
is amended by adding at the end the following: ``The determination
required by this subsection shall be made by the full Commission en
banc in no fewer than 5 percent of the applications filed with it in
each calendar year to which section 308 applies.''.
SEC. 4. ISSUES AND PROGRAMS REPORTS; CHILDREN'S TELEVISION REPORTS.
(a) In General.--
(1) Electronic filing.--The Commission shall amend its
regulations to require every broadcaster to file,
electronically, a copy of its public interest issues and
programs list and its children's programming reports with the
Commission, in such form as the Commission may require, within
10 days after the end of each calendar quarter.
(2) Waiver.--The Commission may waive or defer compliance
with the regulations promulgated in paragraph (1) by a
broadcaster in any specific instance for good cause shown where
such action would be consistent with the public interest.
(b) Licensee Website Requirement.--The Commission shall amend its
regulations to require every broadcast station for which there is a
publicly accessible website on the Internet--
(1) to make its public interest issues and programs list
and its children's programming reports available to the public
on that website; or
(2) to provide a hyperlink on that website to that
information on the Commission's website.
(c) Commission Website Requirement.--The Commission shall provide
access to the public to the public interest issues and programs lists
and children's programming reports filed electronically by broadcasting
stations with the Commission.
(d) Timeframe.--The Commission shall amend its regulations to carry
out the requirements of this section not later than 180 days after the
date of enactment of this Act.
SEC. 5. STANDARDS FOR BROADCAST STATION RENEWAL TO INCLUDE REVIEW OF
LICENSEE'S OTHER STATIONS.
Section 309(k)(1) of the Communications Act of 1934 (47 U.S.C.
309(k)(1)) is amended--
(1) by striking ``with respect to that station,'' and
inserting ``with respect to that station (and all stations
operated by the licensee),'';
(2) by striking ``its'' and inserting ``that station's'';
and
(3) in subparagraph (A), by striking ``the station has''
and inserting ``the station has, and such other stations
have,''.
SEC. 6. PARTY IN INTEREST REQUIREMENT FOR PETITIONS TO OPPOSE THE GRANT
OR RENEWAL OF A LICENSE.
Section 309(d) of the Communications Act of 1934 (47 U.S.C.
309(d)(1)) is amended by adding at the end the following:
``(3) For purposes of paragraph (1), the term `party in interest'
includes any individual who--
``(A) is a listener or viewer of the specific station to
which the application relates (determined without regard to
such individual's place of residence);
``(B) asserts an interest in vindicating the general public
interest; and
``(C) makes the specific allegations and showings required
by this subsection.''.
SEC. 7. COMPLETION OF CERTAIN PENDING PROCEEDINGS.
(a) In General.--Not later than 9 months after the date of
enactment of this Act, the Commission shall complete action on--
(1) In the Matter of Standardized and Enhanced Disclosure
Requirements for Television Broadcast Licensee Public Interest
Obligations, MM Docket No. 00-168; and
(2) In the Matter of Public Interest Obligations of
Television Broadcast Licensees, MM Docket No. 99-360.
(b) Standardized Forms for Electronically Filed Reports.--As part
of the proceedings described in subsection (a), the Commission shall--
(1) give consideration to requiring standardized forms for
broadcasters to use in preparing public interest issues and
programs lists for electronic filing; and
(2) if it determines that such standardized forms would be
in the public interest, develop and promulgate such forms and
require their use by permittees and licensees.
SEC. 8. DEFINITIONS.
In this Act:
(1) Broadcaster.--The term ``broadcaster'' means a
permittee or licensee of a commercial or non-commercial
television or radio broadcast station.
(2) Children's programming reports.--The term ``children's
programming reports'' means the information that a broadcaster
is required to provide for public inspection by paragraph
(e)(11)(iii) of section 73.3526 of title 47, Code of Federal
Regulations.
(3) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(4) Public interest issues and programs list.--The term
``public interest issues and programs list'' means the
information that--
(A) a commercial broadcast station is required to
provide for public inspection by paragraphs (e)(11)(i)
and (12) of section 73.3526 of title 47, Code of
Federal Regulations; and
(B) a non-commercial broadcast station is required
to provide for public inspection by paragraph (e)(8) of
section 73.3527 of title 47, Code of Federal
Regulations. | Localism in Broadcasting Reform Act of 2005 - Amends the Communications Act of 1934 to reduce from eight to three years the term for radio or television broadcasting licenses issued by the Federal Communications Commission (FCC). Requires full FCC review of at least five percent of the applications filed each year.
Requires every broadcaster to file electronically with the FCC a copy of its public interest issues and programs list and its children's programming reports within ten days after the end of each quarter. Allows a waiver of such requirement for good cause shown. Requires such list and reports to be made available on publicly accessible websites of such stations.
Requires the standards for a station's license renewal to include review of the licensee's other stations (if any).
Requires the FCC, within nine months after the enactment of this Act, to complete action on two specified proceedings concerning disclosure requirements and public interest obligations of television broadcast licensees. | {"src": "billsum_train", "title": "To shorten the term of broadcasting licenses under the Communications Act of 1934 from 8 to 3 years, to provide better public access to broadcasters' public interest issues and programs lists and children's programming reports, and for other purposes."} | 1,392 | 216 | 0.635602 | 1.715596 | 0.962683 | 2.706215 | 6.542373 | 0.853107 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Employee Retirement
Contributions Act of 1999''.
SEC. 2. DEDUCTIONS, CONTRIBUTIONS, AND DEPOSITS.
(a) Civil Service Retirement System.--The table under section
8334(c) of title 5, United States Code, is amended--
(1) in the matter relating to an employee by striking:
``7.4............ January 1, 2000, to December 31, 2000.
7.5............. January 1, 2001, to December 31, 2002.
7............... After December 31, 2002.'';
and inserting the following:
``7.............. After December 31, 1999.'';
(2) in the matter relating to a Member or employee for
Congressional employee service by striking:
``7.9............ January 1, 2000, to December 31, 2000.
8............... January 1, 2001, to December 31, 2002.
7.5............. After December 31, 2002.'';
and inserting the following:
``7.5............ After December 31, 1999.'';
(3) in the matter relating to a Member for Member service
by striking:
``8.4............ January 1, 2000, to December 31, 2000.
8.5............. January 1, 2001, to December 31, 2002.
8............... After December 31, 2002.'';
and inserting the following:
``8.............. After December 31, 1999.'';
(4) in the matter relating to a law enforcement officer for
law enforcement service and firefighter for firefighter service
by striking:
``7.9............ January 1, 2000, to December 31, 2000.
8............... January 1, 2001, to December 31, 2002.
7.5............. After December 31, 2002.'';
and inserting the following:
``7.5............ After December 31, 1999.'';
(5) in the matter relating to a bankruptcy judge by
striking:
``8.4............ January 1, 2000, to December 31, 2000.
8.5............. January 1, 2001, to December 31, 2002.
8............... After December 31, 2002.'';
and inserting the following:
``8.............. After December 31, 1999.'';
(6) in the matter relating to a judge of the United States
Court of Appeals for the Armed Forces for service as a judge of
that court by striking:
``8.4............ January 1, 2000, to December 31, 2000.
8.5............. January 1, 2001, to December 31, 2002.
8............... After December 31, 2002.'';
and inserting the following:
``8.............. After December 31, 1999.'';
(7) in the matter relating to a United States magistrate by
striking:
``8.4............ January 1, 2000, to December 31, 2000.
8.5............. January 1, 2001, to December 31, 2002.
8............... After December 31, 2002.'';
and inserting the following:
``8.............. After December 31, 1999.'';
(8) in the matter relating to a Court of Federal Claims
judge by striking:
``8.4............ January 1, 2000, to December 31, 2000.
8.5............. January 1, 2001, to December 31, 2002.
8............... After December 31, 2002.'';
and inserting the following:
``8.............. After December 31, 1999.'';
(9) in the matter relating to the Capitol Police by
striking:
``7.9............ January 1, 2000, to December 31, 2000.
8............... January 1, 2001, to December 31, 2002.
7.5............. After December 31, 2002.''.
and inserting the following:
``7.5............ After December 31, 1999.'';
and
(10) in the matter relating to a nuclear material courier
by striking:
``7.9............ January 1, 2000, to December 31, 2000.
8............... January 1, 2001, to December 31, 2002.
7.5............. After December 31, 2002.''.
and inserting the following:
``7.5............ After December 31, 1999.''.
(b) Federal Employees' Retirement System.--Section 8422(a) of title
5, United States Code, is amended by striking paragraph (3) and
inserting the following:
``(3) The applicable percentage under this paragraph for civilian
service shall be as follows:
``Employee.............................. 7...................... January 1, 1987, to December 31, 1998.
7.25................... January 1, 1999, to December 31, 1999.
7...................... After December 31, 1999.
Congressional employee.................. 7.5.................... January 1, 1987, to December 31, 1998.
7.75................... January 1, 1999, to December 31, 1999.
7.5.................... After December 31, 1999.
Member.................................. 7.5.................... January 1, 1987, to December 31, 1998.
7.75................... January 1, 1999, to December 31, 1999.
7.5.................... After December 31, 1999.
Law enforcement officer, firefighter, 7.5.................... January 1, 1987, to December 31, 1998.
member of the Capitol Police, or air
traffic controller.
7.75................... January 1, 1999, to December 31, 1999.
7.5.................... After December 31, 1999.
Nuclear materials courier............... 7...................... January 1, 1987, to the day before the date
of enactment of the Strom Thurmond National
Defense Authorization Act for Fiscal Year
1999.
7.75................... The date of enactment of the Strom Thurmond
National Defense Authorization Act for
Fiscal Year 1999 to December 31, 1998.
7.75................... January 1, 1999, to December 31, 1999.
7.5.................... After December 31, 1999.''.
SEC. 3. CONFORMING AMENDMENTS RELATING TO MILITARY AND VOLUNTEER
SERVICE UNDER FERS.
(a) Military Service.--Section 8422(e)(6) of title 5, United States
Code, is amended to read as follows:
``(6) The percentage of basic pay under section 204 of title 37
payable under paragraph (1), with respect to any period of military
service performed during January 1, 1999, through December 31, 1999,
shall be 3.25 percent.''.
(b) Volunteer Service.--Section 8422(f)(4) of title 5, United
States Code, is amended to read as follows:
``(4) The percentage of the readjustment allowance or stipend (as
the case may be) payable under paragraph (1), with respect to any
period of volunteer service performed during January 1, 1999, through
December 31, 1999, shall be 3.25 percent.''.
SEC. 4. OTHER FEDERAL RETIREMENT SYSTEMS.
(a) Central Intelligence Agency Retirement and Disability System.--
(1) Deductions, withholdings, and deposits.--Section
7001(c)(2) of the Balanced Budget Act of 1997 (Public Law 105-
33; 111 Stat. 659) is amended to read as follows:
``(2) Individual deductions, withholdings, and deposits.--
Notwithstanding section 211(a)(1) of the Central Intelligence
Agency Retirement Act (50 U.S.C. 2021(a)(1)) beginning on
January 1, 1999, through December 31, 1999, the percentage
deducted and withheld from the basic pay of an employee
participating in the Central Intelligence Agency Retirement and
Disability System shall be 7.25 percent.''.
(2) Military service.--Section 252(h)(1)(A) of the Central
Intelligence Agency Retirement Act (50 U.S.C. 2082(h)(1)(A)),
is amended to read as follows:
``(h)(1)(A) Each participant who has performed military service
before the date of separation on which entitlement to an annuity under
this title is based may pay to the Agency an amount equal to 7 percent
of the amount of basic pay paid under section 204 of title 37, United
States Code, to the participant for each period of military service
after December 1956; except, the amount to be paid for military service
performed beginning on January 1, 1999, through December 31, 1999,
shall be 7.25 percent of basic pay.''.
(b) Foreign Service Retirement and Disability System.--
(1) In general.--Section 7001(d)(2) of the Balanced Budget
Act of 1997 (Public Law 105-33; 111 Stat. 660) is amended by
striking subparagraphs (A) and (B) and inserting the following:
``(A) In general.--Notwithstanding section
805(a)(1) of the Foreign Service Act of 1980 (22 U.S.C.
4045(a)(1)), beginning on January 1, 1999, through
December 31, 1999, the amount withheld and deducted
from the basic pay of a participant in the Foreign
Service Retirement and Disability System shall be 7.25
percent.
``(B) Foreign service criminal investigators/
inspectors of the office of the inspector general,
agency for international development.--Notwithstanding
section 805(a)(2) of the Foreign Service Act of 1980
(22 U.S.C. 4045(a)(2)), beginning on January 1, 1999,
through December 31, 1999, the amount withheld and
deducted from the basic pay of an eligible Foreign
Service criminal investigator/inspector of the Office
of the Inspector General, Agency for International
Development participating in the Foreign Service
Retirement and Disability System shall be 7.75
percent.''.
(2) Conforming amendment.--Section 805(d)(1) of the Foreign
Service Act of 1980 (22 U.S.C. 4045(d)(1)) is amended in the
table in the matter following subparagraph (B) by striking:
``January 1, 1970, through December 31, 1998, inclusive............................... 7
January 1, 1999, through December 31, 1999, inclusive................................ 7.25
January 1, 2000, through December 31, 2000, inclusive................................ 7.4
January 1, 2001, through December 31, 2002, inclusive................................ 7.5
After December 31, 2002.............................................................. 7''.
and inserting the following:
``January 1, 1970, through December 31, 1998, inclusive............................... 7
January 1, 1999, through December 31, 1999, inclusive................................ 7.25
After December 31, 1999.............................................................. 7.''.
(c) Foreign Service Pension System.--
(1) In general.--Section 856(a)(2) of the Foreign Service
Act of 1980 (22 U.S.C. 4071e(a)(2)) is amended to read as
follows:
``(2) The applicable percentage under this subsection shall be as
follows:
``7.5............ Before January 1, 1999.
7.75............ January 1, 1999, to December 31, 1999.
7.5............. After December 31, 1999.''.
(2) Volunteer service.--Section 854(c)(1) of the Foreign
Service Act of 1980 (22 U.S.C. 4071c(c)(1)) is amended by
striking all after ``volunteer service;'' and inserting
``except, the amount to be paid for volunteer service beginning
on January 1, 1999, through December 31, 1999, shall be 3.25
percent.''.
SEC. 5. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
December 31, 1999. | Federal Employee Retirement Contributions Act of 1999 - Amends Federal retirement provisions to reduce to seven percent after December 31, 1999, the required retirement contribution by Federal employees participating under the Civil Service Retirement System (CSRS) (such contribution currently is scheduled to be 7.4 percent for calendar year 2000, and 7.5 percent for 2001). Reduces similarly the required percentage contribution under CSRS for Members of Congress and congressional employees, law enforcement or firefighting personnel, certain judges and magistrates, and nuclear material couriers. Makes similar reductions for participants in the Federal Employee Retirement System (FERS). Makes conforming reductions with respect to military and volunteer service under FERS.
Amends the Balanced Budget Act of 1997 and the Foreign Service Act of 1980 to make similar employee retirement contribution reductions under the Central Intelligence Agency Retirement and Disability System, the Foreign Service Retirement and Disability System, and the Foreign Service Pension System. | {"src": "billsum_train", "title": "Federal Employee Retirement Contributions Act of 1999"} | 2,423 | 194 | 0.518936 | 1.34677 | 0.669396 | 2.005848 | 13.45614 | 0.789474 |
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