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SECTION 1. SHORT TITLE. This Act may be cited as the ``Prevent Iran from Acquiring Nuclear Weapons and Stop War Through Diplomacy Act''. SEC. 2. FINDINGS. Congress finds the following: (1) In his Nobel Peace Prize acceptance speech on December 10, 2009, President Obama said, ``I know that engagement with repressive regimes lacks the satisfying purity of indignation. But I also know that sanctions without outreach--and condemnation without discussion--can carry forward a crippling status quo. No repressive regime can move down a new path unless it has the choice of an open door.'' (2) In his address to the American Israel Public Affairs Committee on March 4, 2012, President Obama said, ``I have said that when it comes to preventing Iran from obtaining a nuclear weapon, I will take no options off the table, and I mean what I say. That includes all elements of American power. A political effort aimed at isolating Iran; a diplomatic effort to sustain our coalition and ensure that the Iranian program is monitored; an economic effort to impose crippling sanctions; and, yes, a military effort to be prepared for any contingency.'' (3) While the Obama Administration has rejected failed policies of the past by engaging in negotiations with Iran without preconditions, only four of such meetings have occurred. (4) Official representatives of the United States and official representatives of Iran have held only two direct, bilateral meetings in over 30 years, both of which occurred in October 2009, one on the sidelines of the United Nations Security Council negotiations in Geneva, and one on the sidelines of negotiations brokered by the United Nations International Atomic Energy Agency (referred to in this Act as the ``IAEA'') in Vienna. (5) All of the outstanding issues between the United States and Iran cannot be resolved instantaneously. Resolving such issues will require a robust, sustained effort. (6) Under the Department of State's current ``no contact'' policy, officers and employees of the Department of State are not permitted to make any direct contact with official representatives of the Government of Iran without express prior authorization from the Secretary of State. (7) On September 20, 2011, then-Chairman of the Joint Chiefs of Staff Admiral Mike Mullen, called for establishing direct communications with Iran, stating, ``I'm talking about any channel that's open. We've not had a direct link of communication with Iran since 1979. And I think that has planted many seeds for miscalculation. When you miscalculate, you can escalate and misunderstand.'' (8) On November 8, 2011, the IAEA issued a report about Iran's nuclear program and expressed concerns about Iran's past and ongoing nuclear activities. (9) On December 2, 2011, Secretary of Defense Leon Panetta warned that an attack on Iran would result in ``an escalation that would take place that would not only involve many lives, but I think it could consume the Middle East in a confrontation and a conflict that we would regret.'' SEC. 3. STATEMENT OF POLICY. It should be the policy of the United States-- (1) to prevent Iran from pursuing or acquiring a nuclear weapon and to resolve the concerns of the United States and of the international community about Iran's nuclear program and Iran's human rights obligations under international and Iranian law; (2) to ensure inspection of cargo to or from Iran, as well as the seizure and disposal of prohibited items, as authorized by United Nations Security Council Resolution 1929 (June 9, 2010); (3) to pursue sustained, direct, bilateral negotiations with the Government of Iran without preconditions in order to reduce tensions, prevent war, prevent nuclear proliferation, support human rights, and seek resolutions to issues that concern the United States and the international community; (4) to utilize all diplomatic tools, including direct talks, targeted sanctions, Track II diplomacy, creating a special envoy described in section 4, and enlisting the support of all interested parties, for the purpose of establishing an agreement with Iran to put in place a program that includes international safeguards, guarantees, and robust transparency measures that provide for full IAEA oversight of Iran's nuclear program, including rigorous, ongoing inspections, in order to verify that Iran's nuclear program is exclusively for peaceful purposes and that Iran is not engaged in nuclear weapons work; (5) to pursue opportunities to build mutual trust and to foster sustained negotiations in good faith with Iran, including pursuing a fuel swap deal to remove quantities of low enriched uranium from Iran and to refuel the Tehran Research Reactor, similar to the structure of the deal that the IAEA, the United States, China, Russia, France, the United Kingdom, and Germany first proposed in October 2009; (6) to explore areas of mutual benefit to both Iran and the United States, such as regional security, the long-term stabilization of Iraq and Afghanistan, the establishment of a framework for peaceful nuclear energy production, other peaceful energy modernization programs, and counter-narcotics efforts; and (7) that no funds appropriated or otherwise made available to any executive agency of the Government of the United States may be used to carry out any military operation or activity against Iran unless the President determines that a military operation or activity is warranted and seeks express prior authorization by Congress, as required under article I, section 8, clause 2 of the United States Constitution, which grants Congress the sole authority to declare war, except that this requirement shall not apply to a military operation or activity-- (A) to directly repel an offensive military action launched from within the territory of Iran against the United States or any ally with whom the United States has a mutual defense assistance agreement; (B) in hot pursuit of forces that engage in an offensive military action outside the territory of Iran against United States forces or an ally with whom the United States has a mutual defense assistance agreement and then enter into the territory of Iran; or (C) to directly thwart an imminent offensive military action to be launched from within the territory of Iran against United States forces or an ally with whom the United States has a mutual defense assistance agreement. SEC. 4. APPOINTMENT OF HIGH-LEVEL U.S. REPRESENTATIVE OR SPECIAL ENVOY. (a) Appointment.--At the earliest possible date, the President, in consultation with the Secretary of State, shall appoint a high-level United States representative or special envoy for Iran. (b) Criteria for Appointment.--The President shall appoint an individual under subsection (a) on the basis of the individual's knowledge and understanding of the issues regarding Iran's nuclear program, experience in conducting international negotiations, and ability to conduct negotiations under subsection (c) with the respect and trust of the parties involved in the negotiations. (c) Duties.--The high-level United States representative or special envoy for Iran shall-- (1) seek to facilitate direct, unconditional, bilateral negotiations with Iran for the purpose of easing tensions and normalizing relations between the United States and Iran; (2) lead the diplomatic efforts of the Government of the United States with regard to Iran; (3) consult with other countries and international organizations, including countries in the region, where appropriate and when necessary to achieve the purpose set forth in paragraph (1); (4) act as liaison with United States and international intelligence agencies where appropriate and when necessary to achieve the purpose set for in paragraph (1); and (5) ensure that the bilateral negotiations under paragraph (1) complement the ongoing international negotiations with Iran. SEC. 5. DUTIES OF THE SECRETARY OF STATE. (a) Elimination of ``No Contact'' Policy.--Not later than 30 days after the date of enactment of this Act, the Secretary of State shall rescind the ``no contact'' policy that prevents officers and employees of the Department of State from making any direct contact with official representatives of the Government of Iran without express prior authorization from the Secretary of State. (b) Office of High-Level U.S. Representative or Special Envoy.--Not later than 30 days after the appointment of a high-level United States representative or special envoy under section 4(a), the Secretary of State shall establish an office in the Department of State for the purpose of supporting the work of the representative or special envoy. SEC. 6. REPORTING TO CONGRESS. (a) Reports.--Not later than 60 days after the high-level United States representative or special envoy for Iran is appointed under section 4, and every 180 days thereafter, the United States representative or special envoy shall report to the committees set forth in subsection (b) on the steps that have been taken to facilitate direct, bilateral diplomacy with the government of Iran under section 4(c). Each such report may, when necessary or appropriate, be submitted in classified and unclassified form. (b) Committees.--The committees referred to in subsection (a) are-- (1) the Committee on Appropriations, the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives; and (2) the Committee on Appropriations, the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act such sums as may be necessary for each of fiscal years 2012 and 2013.

Prevent Iran from Acquiring Nuclear Weapons and Stop War Through Diplomacy Act - Directs the President to appoint a high-level U.S. representative or special envoy who shall: (1) seek to ease tensions and normalize relations between the United States and Iran, (2) lead U.S. diplomatic efforts with regard to Iran, and (3) act as liaison with U.S. and international intelligence agencies. Directs the Secretary of State to: (1) rescind the no contact policy with Iran, and (2) establish an office in the Department of State to support the work of the representative or special envoy.

{"src": "billsum_train", "title": "To direct the President of the United States to appoint a high-level United States representative or special envoy for Iran for the purpose of ensuring that the United States pursues all diplomatic avenues to prevent Iran from acquiring a nuclear weapon, to avoid a war with Iran, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Crackdown on Deadbeat Dealers Act of 2002''. SEC. 2. FINDINGS. The Congress finds that-- (1) a small number of licensed firearms dealers account for a large proportion of the firearms traced from crimes; (2) in 1998, 1.2 percent of licensed firearms dealers-- 1,020 of the approximately 83,200 licensed retail firearms dealers and pawnbrokers-- accounted for over 57 percent of the crime guns traced to licensed firearms dealers; and (3) in 1998, just over 450 licensed firearms dealers had traced to them 10 or more guns that were used in crimes within 3 years after they sold the guns. SEC. 3. INCREASING THE NUMBER OF ALLOWED COMPLIANCE INSPECTIONS OF FIREARMS DEALERS. Section 923(g)(1)(B)(ii)(I) of title 18, United States Code, is amended by striking ``once'' and inserting ``3 times''. SEC. 4. INCREASING PENALTIES ON GUN KINGPINS. (a) Increasing the Penalty for Engaging in an Illegal Firearms Business.--Section 924(a)(2) of title 18, United States Code is amended to read as follows: ``(2) Whoever-- ``(A) knowingly violates subsection (a)(6), (d), (g), (h), (i), (j), or (o) of section 922; or ``(B) willfully violates section 922(a)(1), shall be fined under this title, imprisoned not more than 10 years, or both.''. (b) Sentencing Guidelines Increase for Certain Violations and Offenses.--Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall review and amend the Federal sentencing guidelines to provide an appropriate enhancement for a violation of section 922(a)(1) of title 18, United States Code. The Commission shall promulgate the amendments provided for under this subsection as soon as is practicable in accordance with the procedure set forth in section 21(a) of the Sentencing Act of 1987, as though the authority under that Act had not expired. SEC. 5. SERIOUS RECORDKEEPING OFFENSES THAT AID GUN TRAFFICKING. Section 924(a)(3) of title 18, United States Code, is amended by striking the period and inserting ``; but if the violation is in relation to an offense under subsection (a)(6) or (d) of section 922, shall be fined under this title, imprisoned not more than 10 years, or both.''. SEC. 6. SUSPENSION OF FIREARMS DEALER'S LICENSE AND CIVIL PENALTIES FOR VIOLATIONS OF THE GUN CONTROL ACT. Subsections (e) and (f) of section 923 of title 18, United States Code, are amended to read as follows: ``(e) The Secretary may, after notice and opportunity for hearing, suspend or revoke any license issued under this section, or may subject the licensee to a civil penalty of not more than $10,000 per violation, if the holder of the license has willfully violated any provision of this chapter or any rule or regulation prescribed by the Secretary under this chapter or fails to have secure gun storage or safety devices available at any place in which firearms are sold under the license to persons who are not licensees (except that in any case in which a secure gun storage or safety device is temporarily unavailable because of theft, casualty loss, consumer sales, backorders from a manufacturer, or any other similar reason beyond the control of the licensee, the dealer shall not be considered to be in violation of the requirement to make available such a device). The Secretary may, after notice and opportunity for hearing, suspend or revoke the license of, or assess a civil penalty of not more than $10,000 on, a dealer who willfully transfers armor piercing ammunition. The Secretary may at any time compromise, mitigate, or remit the liability with respect to any willful violation of this chapter or any rule or regulation prescribed by the Secretary under this chapter. The Secretary's actions under this subsection may be reviewed only as provided in subsection (f). ``(f)(1) Any person whose application for a license is denied and any holder of a license which is suspended or revoked or who is assessed a civil penalty shall receive a written notice from the Secretary stating specifically the grounds upon which the application was denied or upon which the license was suspended or revoked or the civil penalty assessed. Any notice of a suspension or revocation of a license shall be given to the holder of the license before the effective date of the suspension or revocation. ``(2) If the Secretary denies an application for a license, or suspends or revokes a license, or assesses a civil penalty, he shall, upon request by the aggrieved party, promptly hold a hearing to review the denial, suspension, revocation, or assessment. In the case of a suspension or revocation of a license, the Secretary shall, on the request of the holder of the license, stay the effective date of the suspension or revocation. A hearing under this paragraph shall be held at a location convenient to the aggrieved party. ``(3) If after a hearing held under paragraph (2) the Secretary decides not to reverse the decision to deny an application or suspend or revoke a license or assess a civil penalty, the Secretary shall give notice of the decision to the aggrieved party. The aggrieved party may at any time within 60 days after the date notice is given under this paragraph file a petition with the United States district court for the district in which party resides or in which the party's principal place of business is located for a de novo judicial review of the denial, suspension, revocation, or assessment. In a proceeding conducted under this subsection, the court may consider any evidence submitted by the parties to the proceeding whether or not such evidence was considered at the hearing held under paragraph (2). If the court decides that the Secretary was not authorized to deny the application or to suspend or revoke the license or to assess the civil penalty, the court shall order the Secretary to take such action as may be necessary to comply with the judgment of the court.''. SEC. 7. TERMINATION OF FIREARMS DEALER'S LICENSE UPON FELONY CONVICTION. Section 925(b) of title 18, United States Code, is amended by striking ``until any conviction pursuant to the indictment becomes final'' and inserting ``until the date of any conviction pursuant to the indictment''.

Crackdown on Deadbeat Dealers Act of 2002 - Amends the Brady Handgun Violence Prevention Act to increase the number of allowed inspections for compliance with record-keeping requirements by firearms dealers to not more than three times (currently, once) during any 12-month period.Increases penalties for: (1) willfully engaging in an illegal firearms business; and (2) in connection with the acquisition or attempted acquisition of a firearm or ammunition, knowingly making false statements or furnishing false or misrepresented identification regarding any fact material to the lawfulness of the sale or other disposition of such firearm or ammunition.Directs the United States Sentencing Commission to review and amend the Federal sentencing guidelines for violations related to illegal firearms and ammunition businesses.Authorizes the Secretary of the Treasury to suspend a firearms dealer's license and to assess a civil penalty of up to $10,000 for firearms violations, including failure to have secure gun storage or safety devices (current penalties are limited to license revocation).Permits any licensed firearms dealer who is indicted for a felony to continue to operate until the date of conviction (currently, until the conviction becomes final).

{"src": "billsum_train", "title": "To ensure greater accountability by licensed firearms dealers."}

SECTION 1. ADDITIONAL LAND FOR GRAND RONDE RESERVATION. Section 1 of Public Law 100-425 (commonly known as the ``Grand Ronde Reservation Act'') (25 U.S.C. 713f note; 102 Stat. 1594; 104 Stat. 207; 108 Stat. 708; 108 Stat. 4566; 112 Stat. 1896), is amended-- (1) in subsection (a)-- (A) in the first sentence-- (i) by striking ``Subject to valid existing rights, including (but not limited to) all'' and inserting the following: ``(1) In general.--Subject to valid existing rights, including all''; and (ii) by inserting ``(referred to in this Act as the `Tribes')'' before the period at the end; (B) in the second sentence, by striking ``Such land'' and inserting the following: ``(2) Treatment.--The land referred to in paragraph (1)''; and (C) by adding at the end the following: ``(3) Additional trust acquisitions.-- ``(A) In general.--The Secretary may accept title in and to any additional real property located within the boundaries of the original 1857 reservation of the Tribes (as established by the Executive order dated June 30, 1857, and comprised of land within the political boundaries of Polk and Yamhill Counties, Oregon), if that real property is conveyed or otherwise transferred to the United States by, or on behalf of, the Tribes. ``(B) Treatment of trust land.-- ``(i) In general.--An application to take land into trust within the boundaries of the original 1857 reservation of the Tribes shall be treated by the Secretary as an on-reservation trust acquisition. ``(ii) Gaming.-- ``(I) In general.--Except as provided in subclause (II), real property taken into trust pursuant to this paragraph shall not be eligible, or used, for any class II gaming or class III gaming (as those terms are defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703)). ``(II) Exception.--Subclause (I) shall not apply to any real property located within 2 miles of the gaming facility in existence on the date of enactment of this paragraph located on State Highway 18 in the Grand Ronde community, Oregon. ``(C) Reservation.--All real property taken into trust within the boundaries described in subparagraph (A) at any time after September 9, 1988, shall be considered to be a part of the reservation of the Tribes.''; and (2) in subsection (c)-- (A) in the matter preceding the table, by striking ``in subsection (a) are approximately 10,311.60'' and inserting ``in subsection (a)(1) are the approximately 11,349.92''; and (B) by striking the table and inserting the following: ``South West Section Subdivision Acres 4 8 36 SE\1/4\ SE\1/4\ 40 4 7 31 Lots 1,2, NE\1/4\, E\1/ 320.89 2\ NW\1/4\ 5 7 6 All 634.02 5 7 7 All 638.99 5 7 18 Lots 1 & 2, NE\1/4\, 320.07 E\1/2\ NW\1/4\ 5 8 1 SE\1/4\ 160 5 8 3 All 635.60 5 8 7 All 661.75 5 8 8 All 640 5 8 9 All 640 5 8 10 All 640 5 8 11 All 640 5 8 12 All 640 5 8 13 All 640 5 8 14 All 640 5 8 15 All 640 5 8 16 All 640 5 8 17 All 640 6 8 1 SW\1/4\ SW\1/4\, W\1/2\ 53.78 SE\1/4\ SW\1/4\ 6 8 1 S\1/2\ E\1/2\ SE\1/4\ 10.03 SW\1/4\ 6 7 7, 8, Former tax lot 800, 5.55 17, 18 located within the SE\1/4\ SE\1/4\ of sec. 7; SW\1/4\ SW\1/ 4\ of sec. 8; NW\1/4\ NW\1/4\ of sec. 17; and NE\1/4\ NE\1/4\ of sec. 18 4 7 30 Lots 3,4, SW\1/4\ NE\1/ 241.06 4\, SE\1/4\ NW\1/4\, E\1/2\ SW\1/4\ 6 8 1 N\1/2\ SW\1/4\ 29.59 6 8 12 W\1/2\ SW\1/4\ NE\1/4\, 21.70 SE\1/4\ SW\1/4\ NE\1/ 4\ NW\1/4\, N\1/2\ SE\1/4\ NW\1/4\, N\1/ 2\ SW\1/4\ SW\1/4\ SE\1/4\ 6 8 13 W\1/2\ E\1/2\ NW\1/4\ 5.31 NW\1/4\ 6 7 7 E\1/2\ E\1/2\ 57.60 6 7 8 SW\1/4\ SW\1/4\ NW\1/ 22.46 4\, W\1/2\ SW\1/4\ 6 7 17 NW\1/4\ NW\1/4\, N\1/2\ 10.84 SW\1/4\ NW\1/4\ 6 7 18 E\1/2\ NE\1/4\ 43.42 6 8 1 W\1/2\ SE\1/4\ SE\1/4\ 20.6 6 8 1 N\1/2\ SW\1/4\ SE\1/4\ 19.99 6 8 1 SE\1/4\ NE\1/4\ 9.99 6 8 1 NE\1/4\ SW\1/4\ 10.46 6 8 1 NE\1/4\ SW\1/4\, NW\1/ 12.99 4\ SW\1/4\ 6 7 6 SW\1/4\ NW\1/4\ 37.39 6 7 5 SE\1/4\ SW\1/4\ 24.87 6 7 5, 8 SW\1/4\ SE\1/4\ of sec. 109.9 5; and NE\1/4\ NE\1/ 4\, NW\1/4\ NE\1/4\, NE\1/4\ NW\1/4\ of sec. 8 6 8 1 NW\1/4\ SE\1/4\ 31.32 6 8 1 NE\1/4\ SW\1/4\ 8.89 6 8 1 SW\1/4\ NE\1/4\, NW\1/ 78.4 4\ NE\1/4\ 6 7 8, 17 SW\1/4\ SW\1/4\ of sec. 14.33 8; and NE\1/4\ NW\1/ 4\, NW\1/4\ NW\1/4\ of sec. 17 6 7 17 NW\1/4\ NW\1/4\ 6.68 6 8 12 SW\1/4\ NE\1/4\ 8.19 6 8 1 SE\1/4\ SW\1/4\ 2.0 6 8 1 SW\1/4\ SW\1/4\ 5.05 6 8 12 SE\1/4\, SW\1/4\ 54.64 6 7 17, 18 SW\1/4\, NW\1/4\ of 136.83 sec. 17; and SE\1/4\, NE\1/4\ of sec. 18 6 8 1 SW\1/4\ SE\1/4\ 20.08 6 7 5 NE\1/4\ SE\1/4\, SE\1/ 97.38 4\ SE\1/4\, E\1/2\ SE\1/4\ SW\1/4\ 4 7 31 SE\1/4\ 159.60 6 7 17 NW\1/4\ NW\1/4\ 3.14 6 8 12 NW\1/4\ SE\1/4\ 1.10 6 7 8 SW\1/4\ SW\1/4\ 0.92 6 8 12 NE\1/4\ NW\1/4\ 1.99 6 7, 8 7, 12 NW\1/4\ NW\1/4\ of sec. 86.48 7; and S\1/2\ NE\1/4\ E\1/2\ NE\1/4\ NE\1/4\ of sec. 12 6 8 12 NE\1/4\ NW\1/4\ 1.56 6 7,8 6,1 W\1/2\ SW\1/4\ SW\1/4\ 35.82 of sec. 6; and E\1/2\ SE\1/4\ SE\1/4\ of sec. 1 6 7 5 E\1/2\ NW\1/4\ SE\1/4\ 19.88 6 8 12 NW\1/4\ NE\1/4\ 0.29 6 8 1 SE\1/4\ SW\1/4\ 2.5 6 7 8 NE\1/4\ NW\1/4\ 7.16 South West Section Subdivision Acres 6 8 1 SE\1/4\ SW\1/4\ 5.5 6 8 1 SE\1/4\ NW\1/4\ 1.34 ........ Total 11,349.92.''. 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 reported to the Senate on March 16, 2016. (Sec. 1) The Department of the Interior may accept title to any real property located within the boundaries of the original 1857 reservation of the Confederated Tribes of the Grand Ronde Community of Oregon (comprising land within the political boundaries of Polk and Yamhill Counties, Oregon), if such real property is transferred to the United States by or on behalf of the tribes. Interior must treat such a transfer of real property as an on-reservation trust acquisition. Gaming is prohibited on such real property, except for real property within two miles of a specified gaming facility. Real property taken into trust within the boundaries of the original reservation after September 9, 1988, must be considered part of the reservation.

{"src": "billsum_train", "title": "A bill to amend the Grand Ronde Reservation Act to make technical corrections, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Equity in Government Compensation Act of 2011''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) the Federal National Mortgage Association (known as Fannie Mae) and the Federal Home Loan Mortgage Corporation (known as Freddie Mac), which are both privately owned but publicly chartered Government-sponsored enterprises (GSEs), were at the center of the mortgage market meltdown that caused the financial crisis that commenced in 2008; (2) the failures of Fannie Mae and Freddie Mac helped precipitate the deepest economic decline since World War II; (3) in September 2008, the Bush Administration, Federal Reserve Board, and Federal Housing Finance Agency (FHFA) exercised authority granted by the Congress to place the two GSEs in conservatorship, a form of nationalization that puts the regulators firmly in control of the GSEs' daily operations; (4) in September 2008, the Bush Administration established a $200 billion facility to purchase senior preferred stock in the enterprises to backstop their losses; (5) in February 2009, the Obama Administration raised the senior preferred stock purchase commitment to $400 billion; (6) on Christmas Eve 2009, the Obama Administration removed any limits on the use of Federal funds to cover losses at the enterprises, significantly expanding a commitment that has resulted in the expenditure of so far nearly $175 billion in taxpayer funds to purchase senior preferred stock in the two enterprises; (7) as a result of the Government's actions, the taxpayers of the United States now own nearly 80 percent of the two GSEs; (8) the Congressional Budget Office has concluded that Fannie Mae and Freddie Mac have effectively become Government entities whose operations should be included in the Federal budget; (9) the GSEs are expected to be a long-term drain on the taxpayers as a result of market conditions and the political and public policy mandates imposed on them by the Administration and the Congress; (10) in spite of these liabilities, the Treasury Department and FHFA approved compensation packages for the chief executive officers of Fannie Mae and Freddie Mac in 2009, 2010, and 2011 that were nearly 15 times greater than the annual compensation of the President of the United States and 30 times greater than the annual compensation of a Cabinet Secretary; (11) the Treasury Department and the FHFA also approved multi-million dollar compensation packages for a number of the GSEs' top executives, payable in cash rather than in the type of stock options that have characterized compensation arrangements at other large financial institutions that have received extraordinary government assistance; (12) on September 17, 2008, FHFA determined that no executive officer of Fannie Mae or Freddie Mac would be entitled to receive a cash bonus or long-term incentive awards for 2008; (13) FHFA's five-year Strategic Plan for Fannie Mae and Freddie Mac includes a commitment that the GSEs will operate in a safe and sound manner; and (14) section 1318(c) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4518(c), as added by section 1113(a)(4) of the Housing and Economic Recovery Act of 2008 (Public Law 110-289; 122 Stat. 2678)), permits the Director of FHFA to withhold any payment, transfer, or disbursement of compensation to an executive officer, or to place such compensation in an escrow account, during the review of the reasonableness and comparability of compensation. SEC. 3. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the Federal Housing Finance Agency. (2) Employee.--The term ``employee'' means an employee of an enterprise, except that such term does not include any employee who would be defined as a prevailing rate employee (as defined in section 5342(2) of title 5, United States Code) if such employee were employed by an agency (as defined in paragraph (1) of such section). (3) Enterprise.--The term ``enterprise'' means-- (A) the Federal National Mortgage Association and any affiliate thereof; and (B) the Federal Home Loan Mortgage Corporation and any affiliate thereof. (4) Executive officer.--The term ``executive officer'' has the same meaning as is given such term in section 1303(12) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4502(12)). SEC. 4. REASONABLE PAY FOR EXECUTIVE OFFICERS. (a) Suspension of Current Compensation Packages.--The Director shall suspend the compensation packages approved for 2011 for the executive officers of an enterprise and, in lieu of such packages, subject to the limitation under subsection (d), establish a compensation system for the executive officers of such enterprise in accordance with the schedules of compensation and benefits established and adjusted pursuant to section 1206 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1833b). (b) Clawback of 2010 and 2011 Compensation.-- (1) Sense of the congress.--It is the sense of the Congress that each executive officer performing services for an enterprise on the date of the enactment of this Act whose compensation package is suspended under subsection (a) should return to the Secretary of the Treasury any compensation earned in 2010 and 2011 that was in excess of the maximum annual rate of basic pay authorized for a position in level I of the Executive Schedule. (2) Use to reduce national debt.--The Secretary of the Treasury shall transfer any amounts referred to in paragraph (1) that are returned to the Secretary to the special account established by section 3113(d) of title 31, United States Code (relating to reducing the public debt). (c) Additional Requirement.--An executive officer of an enterprise shall be subject to section 111 of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5221), which relates to executive compensation and corporate governance. (d) Limitation on Compensation.--An executive officer of an enterprise whose compensation package is suspended under subsection (a) shall not be compensated more than the highest compensated employee of the Federal Housing Finance Agency. SEC. 5. COMPENSATION RATE OF EMPLOYEES OF FANNIE MAE AND FREDDIE MAC. (a) In General.--During any period that an enterprise is federally chartered under the Federal National Mortgage Association Charter Act (12 U.S.C. 1716 et seq.) or the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1451 et seq.), the compensation of the positions held by employees shall be in accordance with this section. (b) Conversion of Compensation Rate for Current Employees.-- (1) In general.--Except for as provided in section 4, effective for pay periods beginning after the date of the enactment of this Act, the Director shall fix the rate of basic compensation of positions held by employees performing services for an enterprise as of the date of the enactment of this Act in accordance with the General Schedule set forth in section 5332 of title 5, United States Code. In fixing such rate-- (A) if the employee is receiving a rate of basic compensation that is less than the minimum rate of basic compensation of the appropriate grade of the General Schedule in which his or her position is placed, such employee's rate of basic compensation shall be increased to such minimum rate; (B) if the employee is receiving a rate of basic compensation that is equal to a rate of basic compensation of the appropriate grade of the General Schedule in which his or her position is placed, such employee's rate of basic compensation shall be equal to that rate of basic compensation of the appropriate grade of the General Schedule; (C) if the employee is receiving a rate of basic compensation that is between 2 rates of basic compensation of the appropriate grade of the General Schedule in which his or her position is placed, such employee's rate of basic compensation shall be at the higher of those 2 rates under the General Schedule; and (D) if the employee is receiving a rate of basic compensation that is in excess of the maximum rate of basic compensation of the appropriate grade of the General Schedule in which his or her position is placed, such employee's rate of basic compensation shall be reduced to such maximum rate. (2) Not considered transfers or promotions.--The conversion of positions and employees to the appropriate grades of the General Schedule and the initial adjustment of rates of basic compensation of those positions and employees provided for by this subsection, shall not be considered to be transfers or promotions within the meaning of section 5334(b) of title 5, United States Code, and the regulations issued thereunder. (3) Credit for increase in compensation before adjustment.--Each employee performing services for an enterprise on the date of the enactment of this Act whose position is converted under this subsection to the General Schedule and who prior to the initial adjustment of his or her rate of basic compensation under paragraph (1) has earned, but has not been credited with, an increase in that rate, shall be granted credit for such increase before his or her rate of basic compensation is initially adjusted under such paragraph. (4) Service performed since last compensation increase.-- Each employee performing services for an enterprise on the date of the enactment of this Act whose position is converted under this subsection to the General Schedule shall be granted credit, for purposes of his or her first step increase under the General Schedule, for all satisfactory service performed since his or her last increase in compensation prior to the initial adjustment of his or her rate of basic compensation under paragraph (1). (5) Compensation increase under this section.--An increase in the rate of basic compensation by reason of the enactment of paragraph (1) shall not be considered to be an equivalent increase with respect to step increases for employees whose positions are converted to the General Schedule under authority of this subsection. (c) New Employees.--Except for as provided in section 4, the grade and rate of basic pay of any individual beginning employment with an enterprise after the date of enactment of this Act shall be fixed in accordance with the General Schedule set forth in section 5332 of title 5, United States Code. SEC. 6. FANNIE AND FREDDIE EMPLOYEES NOT FEDERAL EMPLOYEES. Any executive officer or employee affected by any provision under sections 4 and 5, respectively, shall not be considered a Federal employee.

Equity in Government Compensation Act of 2011 - Requires the Director of the Federal Housing Finance Agency to: (1) suspend the compensation packages approved for 2011 for the executive officers of the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) (government-sponsored enterprises or GSEs); and (2) establish, in lieu of such packages, a compensation system for such officers in accordance with the schedules of compensation and benefits established and adjusted pursuant to the compensation schedule comparability requirements of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. Expresses the sense of Congress that each executive officer of Fannie Mae and Freddie Mac performing services for an enterprise on the date of enactment of this Act whose compensation package is suspended should return to the Secretary of the Treasury (clawback) any compensation earned in 2010 and 2011 that was in excess of the maximum annual rate of basic pay authorized for a position in level I of the Executive Schedule. Instructs the Secretary of the Treasury to transfer any such amounts returned to the Secretary to a specified account in the Treasury for receiving gifts and proceeds from their sale or redemption, and dedicated to reducing the public debt. Subjects Fannie Mae and Freddie Mac executive officers to the executive compensation requirements of the Emergency Economic Stabilization Act of 2008. Prohibits the compensation of any executive officer of Fannie Mae or Freddie Mac whose compensation package is suspended under this Act from exceeding the compensation of the highest compensated employee of the Federal Housing Finance Agency. Establishes requirements for determining compensation rates for GSE employees according to the General Schedule for federal civil service employees. Declares that Fannie Mae and Freddie Mac employees shall not be considered federal employees.

{"src": "billsum_train", "title": "To suspend the current compensation packages for the senior executives of Fannie Mae and Freddie Mac and establish compensation for such positions in accordance with rates of pay for senior employees in the Executive Branch of the Federal Government, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Contracting and Tax Accountability Act of 2007''. SEC. 2. GOVERNMENTAL POLICY. It is the policy of the United States Government that no Government contracts or grants should be awarded to individuals or companies with seriously delinquent Federal tax debts. SEC. 3. PROHIBITION ON AWARDING OF CONTRACTS TO DELINQUENT FEDERAL DEBTORS. Section 3720B of title 31, United States Code, is amended-- (1) in the section heading, by adding at the end ``or contracts''; (2) by adding at the end the following: ``(c)(1) Unless this subsection is waived by the head of a Federal agency, a person who has a seriously delinquent tax debt shall be proposed for debarment from any contract awarded by the Federal government pursuant to procedures established by regulation by the Administrator for Federal Procurement Policy. ``(2) The head of any Federal agency that issues an invitation for bids or a request for proposals for a negotiated acquisition shall require each person that submits a bid or proposal to submit with the bid or proposal a form-- ``(A) certifying that the person does not have a seriously delinquent tax debt; and ``(B) authorizing the Secretary of the Treasury to disclose to the head of the agency information limited to describing whether the person has a seriously delinquent tax debt. ``(3) The Secretary shall develop and make available to all Federal agencies a standard form for the certification and authorization described in paragraph (2). ``(4) Not later than 270 days after the date of enactment of this subsection, the Administrator for Federal Procurement Policy shall issue revised regulations to incorporate the requirements of this subsection. ``(5) For purposes of this subsection: ``(A) The term `contract' means a binding agreement entered into by a Federal agency for the purpose of obtaining property or services, but does not include-- ``(i) a contract designated by the head of the agency as assisting the agency in the performance of disaster relief authorities; or ``(ii) a contract designated by the head of the agency as necessary to the national security of the United States. ``(B)(i) The term `person' includes-- ``(I) an individual; ``(II) a partnership; and ``(III) a corporation. ``(ii) A partnership shall be treated as a person with a seriously delinquent tax debt if such partnership has a partner who-- ``(I) holds an ownership interest of 50 percent or more in that partnership; and ``(II) who has a seriously delinquent tax debt. ``(iii) A corporation shall be treated as a person with a seriously delinquent tax debt if such corporation has an officer or a shareholder who-- ``(I) holds 50 percent or more, or a controlling interest that is less than 50 percent, of the outstanding shares of corporate stock in that corporation; and ``(II) who has a seriously delinquent tax debt. ``(C)(i) The term `seriously delinquent tax debt' means an outstanding debt under the Internal Revenue Code of 1986 for which a notice of lien has been filed in public records pursuant to section 6323 of such Code. ``(ii) Such term does not include-- ``(I) a debt that is being paid in a timely manner pursuant to an agreement under section 6159 or section 7122 of such Code; and ``(II) a debt with respect to which a collection due process hearing under section 6330 of such Code, or relief under subsection (a), (b), or (f) of section 6015, is requested or pending.''. SEC. 4. PROHIBITION ON AWARDING OF GRANTS TO DELINQUENT FEDERAL DEBTORS. (a) In General.--The head of any Executive agency that offers a grant in excess of an amount equal to the simplified acquisition threshold (as defined in section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 401(11)) may not award such grant to any person unless such person submits with the application for such grant a form-- (1) certifying that the person does not have a seriously delinquent tax debt; and (2) authorizing the Secretary of the Treasury to disclose to the head of the Executive agency information limited to describing whether the person has a seriously delinquent tax debt. (b) Release of Information.--The Secretary shall develop and make available to all Executive agencies a standard form for the certification and authorization described in subsection (a)(2). (c) Revision of Regulations.--Not later than 270 days after the date of the enactment of this section, the Director of the Office of Management and Budget shall revise such regulations as necessary to incorporate the requirements of this section. (d) Definitions and Special Rules.--For purposes of this section: (1) Person.-- (A) In general.--The term ``person'' includes-- (i) an individual; (ii) a partnership; and (iii) a corporation. (B) Treatment of certain partnerships.--A partnership shall be treated as a person with a seriously delinquent tax debt if such partnership has a partner who-- (i) holds an ownership interest of 50 percent or more in that partnership; and (ii) who has a seriously delinquent tax debt. (C) Treatment of certain corporations.--A corporation shall be treated as a person with a seriously delinquent tax debt if such corporation has an officer or a shareholder who-- (i) holds 50 percent or more, or a controlling interest that is less than 50 percent, of the outstanding shares of corporate stock in that corporation; and (ii) who has a seriously delinquent tax debt. (2) Executive agency.--The term ``executive agency'' has the meaning given such term in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403). (3) Seriously delinquent tax debt.-- (A) In general.--The term ``seriously delinquent tax debt'' means an outstanding debt under the Internal Revenue Code of 1986 for which a notice of lien has been filed in public records pursuant to section 6323 of such Code. (B) Exceptions.--Such term does not include-- (i) a debt that is being paid in a timely manner pursuant to an agreement under section 6159 or section 7122 of such Code; and (ii) a debt with respect to which a collection due process hearing under section 6330 of such Code, or relief under subsection (a), (b), or (f) of section 6015, is requested or pending.

Contracting and Tax Accountability Act of 2007 - Prohibits any person who has a seriously delinquent tax debt from obtaining a federal government contract or grant. Requires federal agency heads to require prospective contractors or grantees to: (1) certify that they do not have such a debt; and (2) authorize the Secretary of the Treasury to disclose information describing whether such contractors or grantees have such a debt. Defines "seriously delinquent tax debt" and an outstanding tax debt for which a notice of lien has been filed in public records.

{"src": "billsum_train", "title": "A bill to prohibit the awarding of a contract or grant in excess of the simplified acquisition threshold unless the prospective contractor or grantee certifies in writing to the agency awarding the contract or grant that the contractor or grantee has no seriously delinquent tax debts, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Kidney Disease Educational Benefits Act of 2002''. SEC. 2. MEDICARE COVERAGE OF KIDNEY DISEASE EDUCATION SERVICES. (a) Coverage of Kidney Disease Education Services.-- (1) In general.--Section 1861 of the Social Security Act (42 U.S.C. 1395x), as amended by section 105 of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-471), as enacted into law by section 1(a)(6) of Public Law 106-554, is amended-- (A) in subsection (s)(2)-- (i) in subparagraph (U), by striking ``and'' at the end; (ii) in subparagraph (V)(iii), by adding ``and'' at the end; and (iii) by adding at the end the following new subparagraph: ``(W) kidney disease education services (as defined in subsection (ww));''; and (B) by adding at the end the following new subsection: ``Kidney Disease Education Services ``(ww)(1) The term `kidney disease education services' means educational services that are-- ``(A) furnished to an individual with kidney disease who, according to accepted clinical guidelines identified by the Secretary, will require dialysis or a kidney transplant; ``(B) furnished, upon the referral of the physician managing the individual's kidney condition, by a qualified person (as defined in paragraph (2)); and ``(C) designed-- ``(i) to provide comprehensive information regarding-- ``(I) the management of comorbidities; ``(II) the prevention of uremic complications; and ``(III) each option for renal replacement therapy (including peritoneal dialysis, hemodialysis in a center or at home (including vascular access options), and transplantation); and ``(ii) to ensure that the individual has the opportunity to actively participate in the choice of therapy. ``(2) The term `qualified person' means-- ``(A) a physician (as described in subsection (r)(1)); ``(B) an individual who-- ``(i) is-- ``(I) a registered nurse; ``(II) a registered dietitian or nutrition professional (as defined in subsection (vv)(2)); ``(III) a clinical social worker (as defined in subsection (hh)(1)); or ``(IV) a physician assistant, nurse practitioner, or clinical nurse specialist (as those terms are defined in section 1861(aa)(5)); and ``(ii) meets such requirements related to experience and other qualifications that the Secretary finds necessary and appropriate for furnishing the services described in paragraph (1); or ``(C) a renal dialysis facility subject to the requirements of section 1881(b)(1) with personnel who-- ``(i) provide the services described in paragraph (1); and ``(ii) meet the requirements of subparagraph (A) or (B). ``(3) The Secretary shall develop the requirements under paragraph (2)(B)(ii) after consulting with physicians, health educators, professional organizations, accrediting organizations, kidney patient organizations, dialysis facilities, transplant centers, network organizations described in section 1881(c)(2), and other knowledgeable persons. ``(4) In promulgating regulations to carry out this subsection, the Secretary shall ensure that such regulations ensure that each beneficiary who is entitled to kidney disease education services under this title receives such services in a timely manner that ensures that the beneficiary receives the maximum benefit of those services. ``(5) The Secretary shall monitor the implementation of this subsection to ensure that beneficiaries who are eligible for kidney disease education services receive such services in the manner described in paragraph (4). ``(6) Not later than April 1, 2003, and annually thereafter, the Secretary shall submit to Congress a report on the number of medicare beneficiaries who are entitled to kidney disease education services (as defined in paragraph (1)) and who receive such services, together with such recommendations for legislative and administrative action as the Secretary determines to be appropriate to fulfill the legislative intent that resulted in the enactment of this subsection.''. (2) Payment under physician fee schedule.--Section 1848(j)(3) of the Social Security Act (42 U.S.C. 1395w-4(j)(3)) is amended by inserting ``, (2)(W)'', after ``(2)(S)''. (3) Payment to renal dialysis facilities.--Section 1881(b) of the Social Security Act (42 U.S.C. 1395rr(b)) is amended by adding at the end the following new paragraph: ``(12) For purposes of paragraph (7), the single composite weighted formulas determined under such paragraph shall not take into account the amount of payment for kidney disease education services (as defined in section 1861(ww)). Instead, payment for such services shall be made to the renal dialysis facility on an assignment-related basis under section 1848.''. (b) Effective Date.--The amendments made by this section shall apply to services furnished on or after the date that is 6 months after the date of enactment of this Act.

Kidney Disease Educational Benefits Act of 2002 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000, to provide coverage for kidney disease education services furnished, upon the managing physician's referral, to an individual with kidney disease who will require dialysis or a kidney transplant. Requires such services to: (1) impart comprehensive information regarding management, prevention, and options regarding treatment of kidney disease; and (2) ensure that such individuals have the opportunity to participate actively in the choice of therapy.

{"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to provide coverage for kidney disease education services under the medicare program, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice Against Sponsors of Terrorism Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) International terrorism is a serious and deadly problem that threatens the vital interests of the United States. (2) International terrorism affects the interstate and foreign commerce of the United States by harming international trade and market stability, and limiting international travel by United States citizens as well as foreign visitors to the United States. (3) Some foreign terrorist organizations, acting through affiliated groups or individuals, raise significant funds outside of the United States for conduct directed and targeted at the United States. (4) It is necessary to recognize the substantive causes of action for aiding and abetting and conspiracy liability under chapter 113B of title 18, United States Code. (5) The decision of the United States Court of Appeals for the District of Columbia in Halberstam v. Welch, 705 F.2d 472 (D.C. Cir. 1983), which has been widely recognized as the leading case regarding Federal civil aiding and abetting and conspiracy liability, including by the Supreme Court of the United States, provides the proper legal framework for how such liability should function in the context of chapter 113B of title 18, United States Code. (6) Persons, entities, or countries that knowingly or recklessly contribute material support or resources, directly or indirectly, to persons or organizations that pose a significant risk of committing acts of terrorism that threaten the security of nationals of the United States or the national security, foreign policy, or economy of the United States, necessarily direct their conduct at the United States, and should reasonably anticipate being brought to court in the United States to answer for such activities. (7) The United States has a vital interest in providing persons and entities injured as a result of terrorist attacks committed within the United States with full access to the court system in order to pursue civil claims against persons, entities, or countries that have knowingly or recklessly provided material support or resources, directly or indirectly, to the persons or organizations responsible for their injuries. (b) Purpose.--The purpose of this Act is to provide civil litigants with the broadest possible basis, consistent with the Constitution of the United States, to seek relief against persons, entities, and foreign countries, wherever acting and wherever they may be found, that have provided material support, directly or indirectly, to foreign organizations or persons that engage in terrorist activities against the United States. SEC. 3. RESPONSIBILITY OF FOREIGN STATES FOR INTERNATIONAL TERRORISM AGAINST THE UNITED STATES. (a) In General.--Chapter 97 of title 28, United States Code, is amended by inserting after section 1605A the following: ``Sec. 1605B. Responsibility of foreign states for international terrorism against the United States ``(a) Definition.--In this section, the term `international terrorism'-- ``(1) has the meaning given the term in section 2331 of title 18, United States Code; and ``(2) does not include any act of war (as defined in that section). ``(b) Responsibility of Foreign States.--A foreign state shall not be immune from the jurisdiction of the courts of the United States in any case in which money damages are sought against a foreign state for physical injury to person or property or death occurring in the United States and caused by-- ``(1) an act of international terrorism in the United States; and ``(2) a tortious act or acts of the foreign state, or of any official, employee, or agent of that foreign state while acting within the scope of his or her office, employment, or agency, regardless where the tortious act or acts of the foreign state occurred. ``(c) Claims by Nationals of the United States.--Notwithstanding section 2337(2) of title 18, a national of the United States may bring a claim against a foreign state in accordance with section 2333 of that title if the foreign state would not be immune under subsection (b). ``(d) Rule of Construction.--A foreign state shall not be subject to the jurisdiction of the courts of the United States under subsection (b) on the basis of an omission or a tortious act or acts that constitute mere negligence.''. (b) Technical and Conforming Amendments.-- (1) The table of sections for chapter 97 of title 28, United States Code, is amended by inserting after the item relating to section 1605A the following: ``1605B. Responsibility of foreign states for international terrorism against the United States.''. (2) Subsection 1605(g)(1)(A) of title 28, United States Code, is amended by inserting ``or section 1605B'' after ``but for section 1605A''. SEC. 4. AIDING AND ABETTING LIABILITY FOR CIVIL ACTIONS REGARDING TERRORIST ACTS. (a) In General.--Section 2333 of title 18, United States Code, is amended by adding at the end the following: ``(d) Liability.-- ``(1) Definition.--In this subsection, the term `person' has the meaning given the term in section 1 of title 1. ``(2) Liability.--In an action under subsection (a) for an injury arising from an act of international terrorism committed, planned, or authorized by an organization that had been designated as a foreign terrorist organization under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189), as of the date on which such act of international terrorism was committed, planned, or authorized, liability may be asserted as to any person who aids and abets, by knowingly providing substantial assistance, or who conspires with the person who committed such an act of international terrorism.''. (b) Effect on Foreign Sovereign Immunities Act.--Nothing in the amendment made by this section affects immunity of a foreign state, as that term is defined in section 1603 of title 28, United States Code, from jurisdiction under other law. SEC. 5. STAY OF ACTIONS PENDING STATE NEGOTIATIONS. (a) Exclusive Jurisdiction.--The courts of the United States shall have exclusive jurisdiction in any action in which a foreign state is subject to the jurisdiction of a court of the United States under section 1605B of title 28, United States Code, as added by section 3(a) of this Act. (b) Intervention.--The Attorney General may intervene in any action in which a foreign state is subject to the jurisdiction of a court of the United States under section 1605B of title 28, United States Code, as added by section 3(a) of this Act, for the purpose of seeking a stay of the civil action, in whole or in part. (c) Stay.-- (1) In general.--A court of the United States may stay a proceeding against a foreign state if the Secretary of State certifies that the United States is engaged in good faith discussions with the foreign state defendant concerning the resolution of the claims against the foreign state, or any other parties as to whom a stay of claims is sought. (2) Duration.-- (A) In general.--A stay under this section may be granted for not more than 180 days. (B) Extension.-- (i) In general.--The Attorney General may petition the court for an extension of the stay for additional 180-day periods. (ii) Recertification.--A court shall grant an extension under clause (i) if the Secretary of State recertifies that the United States remains engaged in good faith discussions with the foreign state defendant concerning the resolution of the claims against the foreign state, or any other parties as to whom a stay of claims is sought. SEC. 6. SEVERABILITY. If any provision of this Act or any amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be invalid, the remainder of this Act and the amendments made by this Act, and the application of the provisions and amendments to any other person not similarly situated or to other circumstances, shall not be affected by the holding. SEC. 7. EFFECTIVE DATE. The amendments made by this Act shall apply to any civil action-- (1) pending on, or commenced on or after, the date of enactment of this Act; and (2) arising out of an injury to a person, property, or business on or after September 11, 2001. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was passed by the Senate on May 17, 2016. Justice Against Sponsors of Terrorism Act (Sec. 3) This bill amends the federal judicial code to narrow the scope of foreign sovereign immunity (i.e., a foreign state's immunity from the jurisdiction of U.S. courts). Specifically, it authorizes federal court jurisdiction over a civil claim against a foreign state for physical injury to a person or property or death that occurs inside the United States as a result of: (1) an act of international terrorism, and (2) a tort committed anywhere by an official, agent, or employee of a foreign state acting within the scope of employment. International terrorism does not include an act of war. Federal court jurisdiction does not extend to a tort claim based on an omission or an act that is merely negligent. A U.S. national may file a civil action against a foreign state for physical injury, death, or damage as a result of an act of international terrorism committed by a designated terrorist organization. (Sec. 4) The bill amends the federal criminal code to impose civil liability on a person who conspires to commit or aids and abets (by knowingly providing substantial assistance) an act of international terrorism committed, planned, or authorized by a designated terrorist organization. (Sec. 5) It establishes exclusive federal court jurisdiction over civil claims under this bill. It authorizes the Department of Justice (DOJ) to intervene in civil proceedings to seek a stay. A court may grant the stay if the Department of State certifies that the United States is engaged in good-faith discussions with the foreign state to resolve the civil claims. (Sec. 7) This bill's amendments apply to a civil claim: (1) pending on or commenced on or after enactment; and (2) arising out of an injury to a person, property, or business on or after September 11, 2001.

{"src": "billsum_train", "title": "Justice Against Sponsors of Terrorism Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Security Before Access Act of 2013''. SEC. 2. PROTECTING THE PRIVACY OF PERSONALLY IDENTIFIABLE INFORMATION IN ENROLLMENT ACTIVITIES OF HEALTH INSURANCE EXCHANGES. (a) In General.--Section 340A(c) of the Public Health Service Act (42 U.S.C. 256a(c)) is amended by adding at the end the following new paragraph: ``(3) Ensuring privacy of personally identifiable information; liability; penalties; consumer opt out.-- ``(A) In general.--The Secretary shall require each recipient of a grant under this section to implement procedures specified by the Secretary consistent with this paragraph in order protect the privacy of personally identifiable information. ``(B) Required procedures.--The procedures specified by the Secretary under subparagraph (A) shall include at least the following: ``(i) Prohibition of access without explicit consent.--No certified application counselor, health insurance navigator, or non- navigator assistance personnel shall have access to personally identifiable information relating to an individual without the express, witnessed, written consent of that individual. ``(ii) Requiring licensure, background checks.--No such individual shall have access to personally identifiable information unless the individual-- ``(I) has undergone, within 60 days before commencing enrollment assistance for any consumer seeking coverage through health insurance exchanges, both a criminal background and fingerprint check and has a clean record free of criminal infractions; and ``(II) meets educational and licensure requirements that are identical or comparable to those currently applicable to health insurance agents and brokers within the State they seek to assist consumers with health insurance enrollment. ``(iii) Requirement for prior certification of safeguards.--The recipient of the grant may not collect personally identifiable information for any reason until the Comptroller General of the United States, in agreement with the Inspector General of the Department of Health and Human Services, certifies to Congress that such Department, along with any other relevant Federal agencies involved with health insurance assistance or enrollment, or collection or verification of personally identifiable information, have implemented all appropriate and necessary actions to safeguard both the such information and financial information of individuals seeking enrollment in a health plan through an Exchange and to protect such individuals from fraud and abuse. ``(C) Liability.--Not later than 90 days after the date of the enactment of this paragraph, the Secretary-- ``(i) shall issue guidance concerning how liability and penalties will be applied in instances of failure to comply with requirements of this paragraph, including where consumer outreach and enrollment assistance causes harm to an individual as a result of misuse or negligence in protection and privacy of personally identifiable information; ``(ii) shall determine whether such liability lies with the person (such as a navigator, certified application counselor, or non-navigator assistance personnel) having direct contact with the prospective enrollee in enrollment assistance-related actions or whether liability lies with the entity that received Federal or Exchange-generated funds to carry out consumer outreach activities; and ``(iii) shall determine whether the entities identified under clause (ii) are required to obtain professional liability coverage. ``(D) Penalties.-- ``(i) Criminal penalties.-- ``(I) Any individual or entity who, under this section, has possession of, or access to, personally identifiable information the disclosure of which is prohibited by this section (or section 552a of title 5, United States Code) or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or entity not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $5,000. ``(II) A person who commits the offense described under subclause (I) with the intent to sell, transfer, or use personally identifiable information for commercial advantage, personal gain, or malicious harm shall be fined not more than $250,000, imprisoned for not more than 10 years, or both. ``(III) Any person who knowingly and willfully requests or obtains any personally identifiable information protected under this section concerning an individual under false pretenses shall be guilty of a felony and fined not more than $100,000, imprisoned for not more than 5 years, or both. ``(ii) Potential exposure to tax penalty.-- Any navigator, certified application counselor, or non-navigator assistance personnel who engages in health plan enrollment consumer assistance activities under this section and who is exposed to consumer tax return information is potentially subject to criminal liability under section 7213(a) of the Internal Revenue Code of 1986 for any instances of unauthorized disclosure of such information. ``(iii) Disqualification from further assistance.--If the Secretary determines that any individual, including any navigator, certified application counselor, or non- navigator assistance personnel, has a criminal background or is otherwise in violation of this paragraph with respect to the requirements relating to disclosure and use of personally identifiable information, the Secretary shall permanently disqualify the individual from any further involvement in consumer assistance activities required under this section or the Patient Protection and Affordable Care Act and may disqualify and rescind the Federal and Exchange-generated funds from the entity which employs or contracts with such an individual. ``(E) Consumer opt out for lack of privacy protection.--Beginning on the date of health insurance exchange operations for both individuals and businesses, no individual consumer shall be made responsible for failure to meet a requirement under the Patient Protection and Affordable Care Act (including any amendments made by this Act) for obtaining qualified health insurance coverage through an Exchange unless the Secretary has demonstrated with reasonable certainty that effective and comprehensive protection of personally identifiable information, with respect to any health insurance enrollment activity electronic or otherwise, are in place prior to any consumer disclosure or transmission of personally identifiable information for health insurance enrollment purposes. ``(F) Personally identifiable information defined.--In this paragraph, the term `personally identifiable information' includes Social Security numbers, bank account information, insurance records, health records, personal income data, and any other information deemed personally identifiable and sensitive in nature by the Federal Trade Commission, the Department of Justice, the Social Security Administration, the Consumer Financial Protection Bureau, the President's Task Force on Identity Theft, and any other relevant Federal agency, which is disclosed or obtained in connection with any health insurance enrollment activity conducted under this section.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to grants made before, on, or after the date of the enactment of this Act. The Secretary of Health and Human Services shall provide for the prompt modification of such grants made before the date of the enactment of this Act in order to comply with the requirement imposed by such amendment.

Security Before Access Act of 2013 - Amends the Public Health Service Act, with respect to patient navigator services, to require recipients of grants for the development and operation of demonstration programs to implement procedures developed under this Act to protect the privacy of personally identifiable information (PII). Requires procedures specified by the Secretary of Health and Human Services (HHS) to include at least those that: require for access to PII relating to an individual the express written consent of that individual; condition access by a certified application counselor, health insurance navigator, or non-navigator assistance personnel upon a criminal background and fingerprint check; and require the meeting of educational and licensure requirements that are identical or comparable to those currently applicable to health insurance agents and brokers within the state in which they seek to assist consumers. Prohibits a grant recipient from collecting PII until the Comptroller General (GAO) certifies to Congress that HHS and any other relevant federal agencies have implemented all appropriate and necessary actions to safeguard the information of individuals seeking enrollment in a health plan through a health insurance Exchange and to protect them from fraud and abuse. Provides procedures for development of guidance concerning liability, determinations of liable parties, and determinations of whether entities described in this Act are required to obtain professional liability coverage. Imposes criminal penalties for unauthorized access, including under the Internal Revenue Code in cases involving consumer tax return information. Requires the Secretary to permanently disqualify an individual with a criminal background or otherwise in violation of this Act from any further involvement in consumer assistance activities required under the patient navigator provisions or the Patient Protection and Affordable Care Act (PPACA). Allows the disqualification and rescission of federal and Exchange-generated funds from the entity that employs or contracts with such an individual. Relieves consumers from responsibility for failure to meet a requirement under PPACA for obtaining qualified health insurance coverage through an Exchange unless the Secretary has demonstrated with reasonable certainty that effective and comprehensive PII protection is in place prior to any consumer disclosure for health insurance enrollment purposes.

{"src": "billsum_train", "title": "Security Before Access Act of 2013"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Defective Product Penalty Act of 2000''. SEC. 2. DISTRIBUTION OF A DEFECTIVE PRODUCT. (a) In General.--Chapter 11 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 226. Distribution of a defective product ``(a) Definitions.--In this section: ``(1) Defective product.--The term `defective product' means a product with some flaw in design, manufacture, assembly, or instruction that renders the product dangerous to human life and limb beyond the reasonable and accepted risk associated with such or similar products lacking such a flaw. ``(2) Serious bodily injury.--The term `serious bodily injury' means bodily injury that involves-- ``(A) a substantial risk of death; ``(B) extreme physical pain; or ``(C) injury to, or impairment of, the function of a bodily member, organ, or mental faculty. ``(b) Offense.-- ``(1) Introduction.--Whoever knowingly and willfully introduces into interstate commerce a product known by that person to be a defective product-- ``(A) that causes the death of any individual shall be imprisoned for a term of up to 15 years, fined under this title, or both; and ``(B) that causes serious bodily injury to any individual shall be imprisoned for a term of up to 5 years, fined under this title, or both. ``(2) Failure to disclose.--Any person who has authority to introduce a product into interstate commerce or withdraw or recall a product from interstate commerce, or who has corporate responsibility for the product, and who knows that the product in interstate commerce is a defective product and intentionally fails to disclose the existence of the defect to the appropriate regulatory agency, shall-- ``(A) if the defective product, after the discovery and failure to disclose, causes the death of any individual, be imprisoned for a term of up to 15 years, fined under this title, or both; and ``(B) if the defective product, after the discovery and failure to disclose, causes serious bodily injury to any individual, be imprisoned for a term of up to 5 years, fined under this title, or both.''. (b) Conforming Amendment.--The chapter analysis for chapter 11 of title 18, United States Code, is amended by adding at the end the following: ``226. Distribution of a defective product.''. SEC. 3. PROTECTIVE ORDERS AND SEALING OF CASES AND SETTLEMENTS RELATING TO PUBLIC HEALTH OR SAFETY. (a) Short Title.--This section may be cited as the ``Sunshine in Litigation Act of 2000''. (b) Protective Orders and Sealing of Cases.--Chapter 111 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 1660. Protective orders and sealing of cases and settlements relating to public health or safety ``(a) In General.--A court shall enter an order under rule 26(c) of the Federal Rules of Civil Procedure restricting the disclosure of information obtained through discovery, an order approving a settlement agreement that would restrict the disclosure of such information, or an order restricting access to court records in a civil case, only after making particularized findings of fact that-- ``(1) the order would not restrict the disclosure of information that is relevant to the protection of public health or safety; or ``(2)(A) the public interest in disclosure of potential health or safety hazards is clearly outweighed by a specific and substantial interest in maintaining the confidentiality of the information or records; and ``(B) the protection from disclosure provided by the order is no broader than necessary to protect the interest in maintaining confidentiality. ``(b) Period of Effectiveness.--No order under subsection (a) (other than an order approving a settlement agreement) shall continue in effect after the entry of final judgment unless, at or after entry of the order, the court makes a separate particularized finding of fact that the requirements of paragraph (1) or (2) of subsection (a) have been met. ``(c) Burden of Proof.--The party that is the proponent for the entry of an order, as provided under this section, shall have the burden of proof in obtaining the order. ``(d) No Approval or Enforcement of Agreement To Restrict Disclosure.-- ``(1) In general.--No court of the United States may approve or enforce any provision of an agreement between or among parties to a civil action, or approve or enforce an order subject to subsection (a), that prohibits or otherwise restricts a party from disclosing any information relevant to the civil action to any Federal or State agency with authority to enforce laws regulating an activity relating to such information. ``(2) Confidentiality.--Any information described in paragraph (1) that is disclosed to a Federal or State agency shall be confidential to the extent provided by law.''. (c) Conforming Amendment.--The table of sections for chapter 111 of title 28, United States Code, is amended by adding after the item relating to section 1659 the following: ``1660. Protective orders and sealing of cases and settlements relating to public health or safety.''. (d) Effective Date.--The amendments made by this section-- (1) take effect on the date that is 30 days after the date of enactment of this Act; and (2) apply only to orders entered in civil actions or agreements entered into on or after that date. SEC. 4. MOTOR VEHICLE SAFETY STANDARDS AND COMPLIANCE. (a) Requirement of Testing Before Certification of Compliance.-- Section 30115 of title 49, United States Code, is amended in the first sentence by striking ``A manufacturer'' and inserting ``After conducting appropriate testing, a manufacturer''. (b) Notification of Defects and Noncompliance.--Section 30118 of title 49, United States Code, is amended-- (1) in subsections (a), (b)(1), and (c), by inserting ``, original equipment,'' before ``or replacement equipment'' each place it appears; and (2) in subsection (c)-- (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; (B) by striking ``A manufacturer'' and inserting the following: ``(1) Actual defects or noncompliance.--A manufacturer''; and (C) by adding at the end the following: ``(2) Duty to learn of potential defects or noncompliance.--A manufacturer of a motor vehicle, original equipment, or replacement equipment shall-- ``(A) review and consider information concerning motor vehicle accidents or incidents in vehicles or equipment in cases in which there are serious personal injuries, deaths, or fires, including information received from any foreign source, to learn whether the vehicle or equipment contains a defect or does not comply with an applicable motor vehicle safety standard; and ``(B) notify the Secretary if the manufacturer has reason to believe that a defect or noncompliance may exist.''. (c) Extension of Period During Which Remedies for Defects and Noncompliance Shall Be Provided Without Charge.--Section 30120(g)(1) of title 49, United States Code, is amended-- (1) by striking ``8 calendar years'' and inserting ``10 calendar years''; and (2) by striking ``3 calendar years'' and inserting ``5 calendar years''. (d) Civil Penalty.--Section 30165(a) of title 49, United States Code, is amended-- (1) in the first sentence, by striking ``$1,000'' and inserting ``$10,000''; and (2) by striking the last sentence. (e) Provision of Copies of All Communications About Defects and Noncompliance.--Section 30166(f) of title 49, United States Code, is amended-- (1) by inserting ``(whether the dealers, owners, or purchasers are located in the United States or in a foreign country)'' before ``about''; and (2) by inserting ``in the United States'' before the period at the end.

Sunshine in Litigation Act of 2000 - Amends the Federal judicial code to require a court to enter an order restricting the disclosure of information obtained through discovery, approving a settlement agreement that would restrict the disclosure of such information, or restricting access to civil court records only after finding that: (1) such order would not restrict the disclosure of information relevant to public health or safety; (2) the public interest in the disclosure of potential health or safety hazards is clearly outweighed by the interest of maintaining the confidentiality of such information; and (3) the requested protective order is no broader than necessary to protect the interest in maintaining confidentiality. Amends Federal transportation law to: (1) require motor vehicle or vehicle equipment manufacturers to review and consider vehicle or equipment incident information and notify the Secretary of Transportation upon having reason to believe that a defect or noncompliance may exist; (2) extend the period during which remedies for defects and noncompliance shall be provided by a manufacturer without charge; and (3) increase the civil penalty for violations of certain vehicle and equipment safety violations.

{"src": "billsum_train", "title": "Defective Product Penalty Act of 2000"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``NII Copyright Protection Act of 1995''. SEC. 2. TRANSMISSION OF COPIES. (a) Distribution.--Section 106(3) of title 17, United States Code, is amended by striking ``or by rental, lease, or lending'' and inserting ``by rental, lease, or lending, or by transmission''. (b) Definitions.--Section 101 of title 17, United States Code, is amended-- (1) in the definition of ``publication'' by striking ``or by rental, lease, or lending'' in the first sentence and insert ``by rental, lease, or lending, or by transmission''; and (2) in the definition of ``transmit'' by inserting at the end thereof the following: ``To `transmit' a reproduction is to distribute it by any device or process whereby a copy or phonorecord of the work is fixed beyond the place from which it was sent.''. (c) Importation.--Section 602 of title 17, United States Code, is amended by inserting ``whether by carriage of tangible goods or by transmission,'' after ``importation into the United States,''. SEC. 3. EXEMPTIONS FOR LIBRARIES AND THE VISUALLY IMPAIRED. (a) Libraries.--Section 108 of title 17, United States Code, is amended-- (1) in subsection (a) by deleting ``one copy or phonorecord'' and inserting in lieu thereof ``three copies or phonorecords''; (2) in subsection (a) by deleting ``such copy or phonorecord'' and inserting in lieu thereof ``no more than one of such copies or phonorecords''; (3) by inserting at the end of subsection (a)(3) ``if such notice appears on the copy or phonorecord that is reproduced under the provisions of this section''; (4) in subsection (b) by inserting ``or digital'' after ``facsimile'' and by inserting ``in facsimile form'' before ``for deposit for research use''; and (5) in subsection (c) by inserting ``or digital'' after ``facsimile''. (b) Visually Impaired.--Title 17, United States Code, is amended by adding the following new section: ``Sec. 108A. Limitations on exclusive rights: Reproduction for the Visually Impaired ``Notwithstanding the provision of section 106, it is not an infringement of copyright for a non-profit organization to reproduce and distribute to the visually impaired, at cost, a Braille, large type, audio or other edition of a previously published literary work in a form intended to be perceived by the visually impaired, provided that, during a period of at least one year after the first publication of a standard edition of such work in the United States, the owner of the exclusive right to distribute such work in the United States has not entered the market for editions intended to be perceived by the visually impaired.''. SEC. 4. COPYRIGHT PROTECTION SYSTEMS AND COPYRIGHT MANAGEMENT INFORMATION. Title 17, United States Code, is amended by adding the following new chapter: ``CHAPTER 12.--COPYRIGHT PROTECTION AND MANAGEMENT SYSTEMS ``Sec. ``1201. Circumvention of copyright protection systems. ``1202. Integrity of copyright management information. ``1203. Civil remedies. ``1204. Criminal offenses and penalties. ``Sec. 1201. Circumvention of copyright protection systems ``No person shall import, manufacture or distribute any device, product, or component incorporated into a device or product, or offer or perform any service, the primary purpose or effect of which is to avoid, bypass, remove, deactivate, or otherwise circumvent, without the authority of the copyright owner or the law, any process, treatment, mechanism or system which prevents or inhibits the violation of any of the exclusive rights of the copyright owner under section 106. ``Sec. 1202. Integrity of copyright management information ``(a) False Copyright Management Information.--No person shall knowingly provide copyright management information that is false, or knowingly publicly distribute or import for public distribution copyright management information that is false. ``(b) Removal or Alteration of Copyright Management Information.-- No person shall, without authority of the copyright owner or the law, (i) knowingly remove or alter any copyright management information, (ii) knowingly distribute or import for distribution copyright management information that has been altered without authority of the copyright owner or the law, or (iii) knowingly distribute or import for distribution copies or phonorecords from which copyright management information has been removed without authority of the copyright owner or the law. ``(c) Definition.--As used in this chapter, ``copyright management information'' means the name and other identifying information of the author of a work, the name and other identifying information of the copyright owner, terms and conditions for uses of the work, and such other information as the Register of Copyrights may prescribe by regulation. ``Sec. 1203. Civil remedies ``(a) Civil Actions.--Any person injured by a violation of Sec. 1201 or 1202 may bring a civil action in an appropriate United States district court for such violation. ``(b) Powers of the Court.--In an action brought under subsection (a), the court-- ``(1) may grant temporary and permanent injunctions on such terms as it deems reasonable to prevent or restrain a violation; ``(2) at any time while an action is pending, may order the impounding, on such terms as it deems reasonable, of any device or product that is in the custody or control of the alleged violator and that the court has reasonable cause to believe was involved in a violation; ``(3) may award damages under subsection (c); ``(4) in its discretion may allow the recovery of costs by or against any party other than the United States or an officer thereof; ``(5) in its discretion may award reasonable attorney's fees to the prevailing party; and ``(6) may, as part of a final judgment or decree finding a violation, order the remedial modification or the destruction of any device or product involved in the violation that is in the custody or control of the violator or has been impounded under subsection (2). ``(c) Award of Damages.-- ``(1) In general.--Except as otherwise provided in this chapter, a violator is liable for either (i) the actual damages and any additional profits of the violator, as provided by subsection (2) or (ii) statutory damages, as provided by subsection (3). ``(2) Actual damages.--The court shall award to the complaining party the actual damages suffered by him or her as a result of the violation, and any profits of the violator that are attributable to the violation and are not taken into account in computing the actual damages, if the complaining party elects such damages at any time before final judgment is entered. ``(3) Statutory damages.-- ``(A) At any time before final judgment is entered, a complaining party may elect to recover an award of statutory damages for each violation of section 1201 in the sum of not less than $200 or more than $2,500 per device, product, offer or performance of service, as the court considers just. ``(B) At any time before final judgment is entered, a complaining party may elect to recover an award of statutory damages for each violation of section 1202 in the sum of not less than $2,500 or more than $25,000. ``(4) Repeated violations.--In any case in which the injured party sustains the burden of proving, and the court finds, that a person has violated section 1201 or 1202 within three years after a final judgment was entered against that person for another such violation, the court may increase the award of damages up to triple the amount that would otherwise be awarded, as the court considers just. ``(5) Innocent violations.--The court in its discretion may reduce or remit altogether the total award of damages in any case in which the violator sustains the burden of proving, and the court finds, that the violator was not aware and had no reason to believe that its acts constituted a violation. ``Sec. 1204. Criminal offenses and penalties ``Any person who violates section 1202 with intent to defraud shall be fined not more than $500,000 or imprisoned for not more than 5 years, or both.''. SEC. 5. CONFORMING AMENDMENTS. (a) Table of Sections.--The table of sections for chapter 1 of title 17, United States Code, is amended by inserting after the item relating to section 108 the following: ``108A. Limitations on exclusive rights: Reproduction for the Visually Impaired.'' (b) Table of Chapters.--The table of chapters for title 17, United States Code, is amended by adding at the end the following: ``12. Copyright Protection and Management Systems........... 1201''. SEC. 6. EFFECTIVE DATE. This Act, and the amendments made by this Act, shall take effect on the date of the enactment of this Act.

NII Copyright Protection Act of 1995 - Amends Federal copyright law to grant exclusive rights to the owner of a copyrighted work to provide public distribution of copies or phonorecords of such work by transmission. Revises the definition of: (1) "publication" to include transmission as a means by which copies and phonorecords of a work may be distributed to the public; and (2) "transmit" to include distribution by any device or process whereby a copy or phonorecord of the work is fixed beyond the place from which it was sent. Makes importation in the United States, whether by carriage of tangible goods or by transmission, of copies or phonorecords of work acquired outside of the United States an infringement of the exclusive right to distribute such work unless done with the owner's consent. (Sec. 3) Increases from one to three the limit on copies or phonorecords of a work a library or archive is allowed to reproduce. Limits the number of such copies or phonorecords that may be distributed to one. Revises the conditions of such reproduction or distribution to require that a copyright notice must appear on the copy or phonorecord that is reproduced under the provisions of this Act. Allows a library or archive to reproduce or distribute a copy or phonorecord of an unpublished work duplicated in a digital form solely for purposes of: (1) preservation and security; and (2) replacement of a copy or phonorecord that is damaged, deteriorating, lost, or stolen, if the library or archive determines that an unused replacement cannot be obtained at a fair price. Exempts a non-profit organization from copyright infringement for reproducing and distributing to the visually impaired, at cost, a Braille, large type, audio or other edition of a previously published literary work in a form intended to be perceived by the visually impaired if, during at least a one-year period after the first publication of a standard edition of such work in the United States, the owner of the exclusive right to distribute such work in the United States has not entered the market for editions intended to be perceived by the visually impaired. (Sec. 4) Prohibits any person from importing, manufacturing, or distributing any device or product, or from offering or performing any service, the primary purpose or effect of which is to circumvent any process, treatment, mechanism, or system which prevents or inhibits the violation of any of the exclusive rights of the copyright owner, without the authority of such owner or the law. Prohibits a person from knowingly: (1) providing, publicly distributing, or importing for public distribution false copyright management information; (2) removing or altering any copyright management information, without the authority of the copyright owner or the law; or (3) distributing or importing for distribution such unauthorized altered information or copies or phonorecords from which such information has been removed without authorization. Defines "copyright management information" to mean the name and other identifying information of the author of a work, the name and other identifying information of the copyright owner, terms and conditions for uses of the work, and such other information as the Register of Copyrights may prescribe by regulation. Sets forth civil remedies and criminal penalties for violation of this section.

{"src": "billsum_train", "title": "NII Copyright Protection Act of 1995"}

SECTION 1. FINDINGS. The Congress finds the following: (1) In issuing remote control railroad operation guidelines in 2001, the Federal Railroad Administration noted that its ``first priority . . . is to ensure that these operations pose no threat to railroad workers or the general public''. (2) The Nation's freight rail system is relatively open to outside access when compared to the aviation system. Security is provided almost solely by private railroad carriers, and terrorists could easily gain access to a remote control locomotive or an operator control unit and then operate a remote control transmitter controlling a remote control locomotive. (3) Remote control locomotives carrying hazardous materials in urban areas could be sabotaged or remote control locomotives could be used to cause intentional accidents with other trains, causing loss of life, release of hazardous materials, and the disruption of interstate and international commerce. (4) Therefore, the risk of terrorists hijacking remote control locomotive operations is far too great in situations where remote control locomotives are carrying hazardous materials. SEC. 2. REMOTE CONTROL LOCOMOTIVE USE. (a) Prohibition.--No railroad carrier shall operate or cause to be operated on the general system of railroad transportation a remote control locomotive to carry hazardous materials. (b) Penalty.--(1) A railroad carrier that knowingly violates this section or a rule issued under this section is liable to the United States Government for a civil penalty of at least $5,000 but not more than $50,000 for each violation. A railroad carrier acts knowingly when-- (A) the railroad carrier has actual knowledge of the facts giving rise to the violation; or (B) a reasonable railroad carrier acting in the circumstances and exercising reasonable care would have that knowledge. (2) A separate violation occurs for each day the violation continues. SEC. 3. REMOTE CONTROL TRANSMITTER SECURITY. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall issue a rule requiring that-- (1) railroad carriers inventory and maintain a continuous accounting of remote control transmitters; (2) such transmitters be assigned only to personnel with proper identification and authorization to use such devices; and (3) such transmitters be kept in a secure location (under lock and key) when not in use. (b) Penalty.--A railroad carrier that violates the rule issued under subsection (a) shall be liable to the United States Government for a civil penalty of at least $5,000 for each occurrence. SEC. 4. REMOTE CONTROL LOCOMOTIVE SECURITY. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall issue a rule requiring that the manual operational control area of any remote control locomotive be kept under lock and key when such locomotive is operated without personnel of the railroad carrier present. (b) Penalty.--A railroad carrier that violates the rule issued under subsection (a) shall be liable to the United States Government for a civil penalty of at least $5,000 for each occurrence. SEC. 5. CIVIL PENALTIES. (a) Hearing Requirement.--The Secretary of Transportation may find that a railroad carrier has violated this Act only after notice and an opportunity for a hearing. The Secretary shall impose a civil penalty under this Act by giving the railroad carrier written notice of the amount of the penalty. (b) Penalty Consideration.--In determining the amount of a civil penalty under this Act, the Secretary shall consider-- (1) the nature, circumstances, extent, and gravity of the violation; (2) with respect to the violator, the degree of culpability, any history of prior violations, the ability to pay, and any effect on the ability to continue to do business; and (3) other matters that justice requires. (c) Civil Actions to Collect.--The Attorney General may bring a civil action in an appropriate district court of the United States to collect a civil penalty under this Act. SEC. 6. CRIMINAL PENALTY. (a) In General.--A railroad carrier knowingly violating this Act shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both; except that the maximum amount of imprisonment shall be 10 years in any case in which the violation involves the release of a hazardous material that results in death or bodily injury to any person. (b) Knowing Violations.--For purposes of this section-- (1) a railroad carrier acts knowingly when-- (A) the railroad carrier has actual knowledge of the facts giving rise to the violation; or (B) a reasonable railroad carrier acting in the circumstances and exercising reasonable care would have that knowledge; and (2) knowledge of the existence of a statutory provision, or a regulation or a requirement issued by the Secretary of Transportation, is not an element of an offense under this Act. SEC. 7. DEFINITIONS. For purposes of this Act-- (1) the term ``hazardous material'' has the meaning given that term in section 5102(2) of title 49, United States Code; (2) the term ``railroad carrier'' has the meaning given that term in section 20102 of title 49, United States Code; (3) the term ``remote control locomotive'' means a locomotive which, through use of a radio transmitter and receiver system, can be operated by a person not physically located at the controls within the confines of the locomotive cab, but does not include a locomotive that is remotely controlled from the lead locomotive of the same train; and (4) the term ``remote control transmitter'' means the transmitter component of a remote control locomotive system.

Prohibits a railroad carrier from operating or causing to be operated a remote control locomotive to carry hazardous materials. Directs the Secretary of Transportation to issue a rule requiring that: (1) railroad carriers inventory and maintain continuous accounting of remote control transmitters, such transmitters be kept in a secure location when not in use, and be assigned only to personnel with proper identification and authorization to use them; and (2) the manual operational control area of any remote control locomotive be kept under lock and key when such locomotive is operated without personnel of the railroad carrier present. Sets forth civil penalties for a railroad carrier that violates such requirements, including criminal penalties if such violation involves the release of a hazardous material that results in death or bodily injury.

{"src": "billsum_train", "title": "To prohibit the use of remote control locomotives to carry hazardous materials, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``California Affordable Quantity and Quality Water Resources Projects Act of 2003''. SEC. 2. FUNDING FOR EPA CONSERVATION GRANTS. (a) National Nonpoint Source Program Implementation.--There is authorized to be appropriated to implement the national nonpoint source program of the Environmental Protection Agency announced in the guidance document entitled ``Nonpoint Source Program and Grants Guidance for Fiscal Years 1997 and Future Years (May 1996)'' and carried out under sections 35.260 through 35.268 of title 40, Code of Federal Regulations (or successor regulations), $18,599,460, to remain available until expended. (b) State Nonpoint Source Management Program.--There is authorized to be appropriated for grants awarded under the State nonpoint source management program of the Environmental Protection Agency authorized by section 319 of the Federal Water Pollution Control Act (33 U.S.C. 1329) $262,324,480, to remain available until expended. (c) State Pollution Control Grants.--Section 106 of the Federal Water Pollution Control Act (33 U.S.C. 1256) is amended by striking subsection (a) and inserting the following: ``(a) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $198,414,590, to remain available until expended.''. (d) State Water Quality Cooperative Agreements.--There is authorized to be appropriated to carry out State water quality cooperative agreements entered into by the Environmental Protection Agency and States under sections 35.360 through 35.364 of title 40, Code of Federal Regulations (or successor regulations) $42,854,020, to remain available until expended. (e) Clean Water State Revolving Fund.--The Federal Water Pollution Control Act is amended by striking section 607 (33 U.S.C. 1387) and inserting the following: ``SEC. 607. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to carry out this title $3,200,000,000, to remain available until expended.''. (f) Drinking Water State Revolving Fund.--Section 1452(m) of the Safe Drinking Water Act (42 U.S.C. 300f-12(m)) is amended-- (1) by striking ``1994 and'' and inserting ``1994,''; and (2) by striking ``through 2003'' and inserting ``through 2003, and $2,000,000,000 for fiscal year 2004''. SEC. 3. EXPEDITED FEASIBILITY STUDIES FOR CERTAIN CALIFORNIA WATER PROJECTS. (a) Corps of Engineers Studies.--As soon as practicable after the date of enactment of this Act, the Secretary of the Army shall conduct studies to determine the feasibility of carrying out the following projects in the State of California: (1) A conjunctive use project, in cooperation with the Calaveras County Water District, at a total study cost of $1,000,000. (2) A water reclamation project, in cooperation with the city of Carson, at a total study cost of $100,000. (3) A water reclamation project, in cooperation with the Coastside County Water District, at a total study cost of $50,000. (4) A water supply project at Pacheco Creek, Los Viboras Creek, and Dos Picachos Creek, in cooperation with the San Benito County Water District, at a total study cost of $250,000. (5) A wetland restoration project, in cooperation with the city of San Diego, at a total study cost of $1,500,000. (6) A sediment management project at the Twitchell Reservoir, in cooperation with the Santa Maria Valley Water Conservation District, at a total study cost of $2,000,000. (7) A groundwater assessment project at the North River, in cooperation with the Tia Juana Valley County Water District, at a total study cost of $1,300,000. (b) Bureau of Reclamation Studies.--The Secretary of the Interior shall establish within the Department of the Interior a program to provide grants and loans to conduct, in an expedited manner, studies to determine the feasibility of carrying out the following projects in the State of California: (1) An agricultural reuse project, in cooperation with northern Sonoma County, at a total study cost of $500,000. (2) A water reclamation and desalination project, in cooperation with the city of Santa Cruz, at a total study cost of $3,500,000. (3) A recycled water project, in cooperation with Sonoma Valley, at a total study cost of $2,300,000. (4) A regional recycling project, in cooperation with the North Bay Watershed Association, at a total study cost of $5,000,000. (5) Water recycling projects, in cooperation with the Los Angeles Hansen Recreation Area, Elysian Park, and West Valley, at a total study cost of $2,200,000. (6) The City of Escondido Regional Water Reclamation and Disposal Enhancement Project, the Escondido Regional Water Recycling Distribution System Project, and the Escondido Creek Watershed Protection and Wetlands Restoration Project, at a total study cost of $11,000,000. (7) A water conservation technology project, in cooperation with the Helix Water District, at a total study cost of $70,000. (8) A water recycling project, in cooperation with the City of Oceanside, at a total study cost of $12,350,000. (9) A conjunctive use project, in cooperation with the Sweetwater Authority, at a total study cost of $5,415,000. (10) A groundwater treatment project, in cooperation with the Calleguas Creek Regional Brackish Water Treatment Facility Project, at a total study cost of $5,000,000. (11) A groundwater supply study relating to the San Diego Formation Assessment, at a total study cost of $4,000,000. (c) Priority.--The Secretary of the Army and the Secretary of the Interior shall give priority to studies described in subsections (a) and (b), respectively, that-- (1) should be expedited, based on the fact that the project to be studied, when complete, would provide environmental or other benefits; or (2) examine the use of nonstructural or low-impact alternatives to achieving the goals of the project to be studied. (d) Components.--A study carried out under subsection (a) or (b) shall include-- (1) a list of anticipated project beneficiaries by location and type of use; (2) an estimate of the incremental diversionary and consumptive supplies that the project is expected to produce under a forecast range of hydrologic conditions; (3) an estimate of the total cost of the project, including-- (A) planning, design, capital, operations, maintenance, and environmental mitigation costs; and (B) compounded interest at a rate equivalent to the rate of interest charged on Treasury securities of a comparable maturity; (4) an allocation of project costs to the beneficiaries identified in paragraph (1), to be determined by the Secretary of the Army or the Secretary of the Interior based on the allocated share of project benefits; and (5) a determination by the Secretary of the Army or the Secretary of the Interior on whether-- (A) the benefits of the project exceed the total costs of the project; and (B) the beneficiaries identified under paragraph (1) have demonstrated a willingness and ability to pay the allocated share of the total costs of the project. (e) Cost-Sharing Agreement.--The Secretary of the Army or the Secretary of the Interior shall enter into a cost-sharing agreement with the city or water district in which a study is being carried out under subsection (a) or (b). (f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $6,200,000.

California Affordable Quantity and Quality Water Resources Projects Act of 2003 - Amends the Federal Water Pollution Control Act and the Safe Water Drinking Act to increase the authorizations of appropriations for Environmental Protection Agency (EPA) conservation grant programs, including the national nonpoint source program, the state nonpoint source management program, state pollution control grants, state water quality cooperative agreements, the clean water state revolving fund, and the drinking water state revolving fund. Authorizes expedited feasibility studies for 22 water projects in California. Requires the Secretaries of the Army and the Interior to give priority to studies that would provide environmental or other benefits, or examine the use of nonstructural or low-impact alternatives to achieving project goals. Lists required components of qualifying studies.

{"src": "billsum_train", "title": "A bill to authorize appropriations for conservation grants of the Environmental Protection Agency, to direct the Secretary of the Army and the Secretary of the Interior to conduct expedited feasibility studies of certain water projects in the State of California, and for other purposes."}

SECTION 1. FINDINGS. The Congress finds the following: (1) The original Cheyenne-Arapaho Indian Reservation in western Oklahoma, which included the land known as the Fort Reno Military Reservation, was established by the Medicine Lodge Creek Treaty of 1867 and reaffirmed by Executive order in 1869. (2) The Fort Reno Military Reservation lands include sites used by the Tribe for the Sun Dance and other religious and cultural purposes, burial sites, and medicine gathering areas. SEC. 2. LAND TAKEN INTO TRUST. (a) In General.--The land described in subsection (b) is hereby taken into trust for the Cheyenne-Arapaho Tribes of Oklahoma. (b) Land Described.--The land taken into trust pursuant to subsection (a) is that land in Canadian County, Oklahoma, described as follows: (1) All of sections 1, 2, 3, and 4, Township 12 North, Range 8 West, Indian Meridian. (2) Those portions of sections 25 and 26 lying south of the North Canadian River, Township 13 North, Range 8 West, Indian Meridian. (3) That portion of section 26 lying west of the North Canadian River, Township 13 North, Range 8 West, Indian Meridian. (4) All of sections 27, 28, 33, 34, 35, and 36, Township 13 North, Range 8 West, Indian Meridian. SEC. 3. USE OF PORTION OF LAND BY BUREAU OF PRISONS. The Secretary, with the consent of and on terms agreeable to the Business Committee of the Tribe, may lease to the United States for use by the Bureau of Prisons of the Department of Justice in connection with the Federal Reformatory at El Reno, Oklahoma, all or part of the land described as the south half of section 1 and the south half of section 2, Township 12 North, Range 8 West, Indian Meridian. SEC. 4. PRIOR EASEMENTS, LICENSES, PERMITS, AND COMMITMENTS. (a) Nonrevocable; time-limited.--(1) A nonrevocable easement, license, permit, or commitment with respect to the lands described in section 2 shall continue in effect for the period for which it was granted or made if such nonrevocable easement, license, permit, or commitment was granted or made-- (A) on or before the date of the enactment of this Act; (B) by the Secretary of War or by the Secretary of Agriculture; and (C) for a specified, limited period of time. (2) An easement, license, permit, or commitment described in paragraph (1) may be renewed by the Secretary upon such terms and conditions as the Secretary considers advisable. (b) Revocable; indefinite duration.--An easement, license, permit, or commitment which exists on the date of the enactment of this Act with respect to the lands described in section 2 may be continued or renewed by the Secretary if-- (1) the easement, license, permit, or commitment is revocable or of indefinite duration, and (2) the Secretary considers such continuance or renewal to be in the public interest. (c) Use of Land by Bureau of Prisons.--(1) In the case of lands described in paragraph (2), the Secretary may continue or renew an easement, right-of-way, or permit to land, only if such easement, right-of-way, or permit is-- (A) in effect on the date of the enactment of this Act; (B) limited to use or maintenance of water lines, roads to and from the sewage disposal plant, or sewage effluent lakes from the sewage disposal plant located on the land; (C) granted for use by Bureau of Prisons of the Department of Justice; and (D) useful to the Bureau of Prisons for purposes of maintaining the sewage disposal plant located on the land. (2) The land referred to in paragraph (1) is that land described in section 2 that is located in-- (A) section 1, Township 12 North, Range 8 West, Indian Meridian; and (B) the southeast quarter of section 36, Township 13 North, Range 8 West, Indian Meridian. SEC. 5. BUILDINGS AND OTHER IMPROVEMENTS. The Secretary may-- (1) make any Federally owned buildings, improvements, or facilities (including any personal property used in connection with such buildings, improvements, or facilities) located on the land described in section 2 available to the Tribe for their use; and (2) convey any Federally owned buildings, improvements, or facilities (including any personal property used in connection with such buildings, improvements, or facilities) located on the land described in section 2 to the Tribe in accordance with the Act entitled ``An Act to authorize the Secretary of the Interior to convey to Indian tribes certain federally owned buildings, improvements, or facilities on tribal lands or on lands reserved for Indian administration'' approved August 6, 1956 (25 U.S.C. 443a). SEC. 6. ELIGIBILITY FOR FEDERAL SERVICES AND BENEFITS. For the purposes of the eligibility for and delivery of all services and benefits provided to Indians because of their status as federally recognized, those members of the Tribe residing in Canadian County, Oklahoma, shall be deemed to be resident on or near an Indian reservation. SEC. 7. EFFECT ON TREATIES. No provision of this Act shall be construed to constitute an amendment, modification, or interpretation of any treaty to which the Tribe or any other Indian tribe is a party nor to any right secured to the Tribe or any other Indian tribe by any treaty. SEC. 8. DEFINITIONS. For purposes of this Act: (1) The term ``Secretary'' means the Secretary of the Interior. (2) The term ``Tribe'' means the Cheyenne-Arapaho Tribes of Oklahoma.

Takes into trust for the Cheyenne-Arapaho Tribes of Oklahoma certain land in Oklahoma (part of the original Cheyenne-Arapaho reservation known as the Fort Reno Military Reservation) and authorizes the lease of all or part of such land to the Bureau of Prisons in connection with the Federal Reformatory at El Reno, Oklahoma. Sets forth improvements and easement provisions.

{"src": "billsum_train", "title": "To take into trust for the Cheyenne-Arapaho Tribes of Oklahoma certain land in Oklahoma that was known as the Fort Reno Military Reservation and that was formerly part of the Cheyenne-Arapaho lands, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pipeline Safety Enhancement Act of 1995''. SEC. 2. IMPROVEMENTS IN PIPELINE SAFETY (a) Toughness Standards.--Section 60102 of title 49, United States Code, is amended by adding at the end the following new subsections: ``(l) Toughness Standards.-- ``(1) In general.--Not later than 180 days after the date of enactment of the Pipeline Safety Enhancement Act of 1995, The Secretary of Transportation, in consultation with appropriate officials of the Research and Special Programs Administration of the Department of Transportation (referred to in this section as the `Research and Special Programs Administration'), shall prescribe minimum standards for toughness (as defined and determined by the Secretary of Transportation, in consultation with the appropriate officials of the Research and Special Programs Administration) for new pipes installed in gas pipeline facilities and hazardous liquid pipeline facilities. ``(2) High-density population areas.--In establishing the minimum standards for toughness under paragraph (1), the Secretary of Transportation shall give particular attention to the installation of new pipes in high-density population areas (as such term is used in section 60109). ``(3) Pipe defined.--For purposes of this subsection, the term `pipe' means any pipe or tubing used in the transportation of gas, including pipe-type holders. ``(m) Markings.-- ``(1) In general.--Not later 180 days after the date of enactment of the Pipeline Safety Enhancement Act of 1995, the Secretary of Transportation, in consultation with appropriate officials of the Research and Special Programs Administration, shall prescribe minimum standards that require for the marking of pipelines in class 3 and class 4 locations (as such terms are used in subpart L of part 192 of title 49, Code of Federal Regulations, as in effect on the day before the date of enactment of the Pipeline Safety Enhancement Act of 1995) to identify hazardous liquid pipeline facilities and high-pressure pipelines. ``(2) High-pressure pipeline defined.--For purposes of this subsection, the term `high-pressure pipeline' means any gas pipeline in which the gas pressure is higher than that provided to the customer. ``(n) Testing.-- ``(1) In general.--Not later than one year after the date of enactment of the Pipeline Safety Enhancement Act of 1995, the Secretary of Transportation, in consultation with appropriate officials of the Research and Special Programs Administration, shall include in the minimum safety standards prescribed under subsection (a) a requirement that each operator of a gas pipeline facility or hazardous liquid pipeline facilities conduct, on a periodic basis, inspections or tests capable of identifying damage caused by corrosion and other time-dependent damage that may be detrimental to the continued safe operation of the pipeline and that may necessitate remedial action, in order to determine the adequacy of the pipeline facility to operate at established maximum allowable operating pressure. ``(2) Maximum allowable operating pressure defined.--For purposes of this subsection, the term `maximum allowable operating pressure' means the maximum pressure at which a pipeline or a segment of a pipeline may be operated under regulations issued under this chapter.''. (b) Assessment of Public Education Program Concerning Leak Detection.--Section 60116 of title 49, United States Code, is amended-- (1) by inserting ``(a) In General.--'' before ``Under regulations''; and (2) by adding at the end the following new subsection: ``(b) Assessment.-- ``(1) In general.--Not later than 180 days after the date of enactment the Pipeline Safety Enhancement Act of 1995, and every two years thereafter, the Secretary of Transportation, in consultation with appropriate officials of the Research and Special Programs Administration of the Department of Transportation, shall conduct an assessment of the programs conducted under this section to determine-- ``(A) with respect to the programs conducted under this section-- ``(i) the appropriateness of the information provided; and ``(ii) the effectiveness of the educational techniques used; and ``(B) in comparison to other similar educational programs, the relative effectiveness of educational techniques used in the programs conducted under this section. ``(2) Regulations.--Upon completion of an assessment conducted under paragraph (1), the Secretary, in consultation with the appropriate officials of the Research and Special Programs Administration, shall promulgate such regulations as the Secretary determines to be appropriate to improve the programs conducted under this section.''. (c) Study.--The Secretary of Transportation shall take such action as may be necessary to expedite the completion of the study conducted by the Research and Special Programs Administration of the Department of Transportation relating to methods to reduce public safety risks in the siting pipeline facilities. In addition, the scope of the study referred to in the previous sentence shall be modified to include the consideration of building standards. The Secretary of Transportation shall ensure that the results of the study are widely available to the governments of States and political subdivisions thereof.

Pipeline Safety Enhancement Act of 1995 - Amends Federal pipeline safety law to direct the Secretary of Transportation to prescribe minimum standards: (1) for toughness for new pipes installed in gas and hazardous liquid pipeline facilities (with particular attention to new pipes in high-density population areas); (2) that require the marking of pipelines in class three and four locations to identify hazardous liquid pipeline facilities and high-pressure pipelines; and (3) that require operators of gas or hazardous liquid pipeline facilities to conduct periodic inspections or tests for identifying damage caused by corrosion and other time-dependent damage that may be detrimental to the safe operation of the pipeline and necessitate remedial action, in order to determine the adequacy of such pipeline to operate at established maximum allowable operating pressure. Requires the Secretary to conduct biennial assessments of the aforementioned safety programs. Requires the Secretary to expedite the study by the Research and Special Programs Administration of the Department of Transportation concerning the methods to reduce public safety risks in the siting of pipeline facilities.

{"src": "billsum_train", "title": "Pipeline Safety Enhancement Act of 1995"}

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Medically Underserved Access to Care Act of 2001''. (b) Findings.--Congress finds the following: (1) Minority individuals living in medically underserved areas are generally less well-off socioeconomically, and are often sicker than the population that managed care organizations traditionally serve. (2) Many managed care organizations are not equipped to deal effectively with minorities in underserved areas and consequently may offer lower quality health care in such areas. (3) Often managed care organizations do not contract with physicians and other community-based service providers who traditionally serve medically underserved areas. (4) There is a concern among minority physicians that selective marketing practices and referral processes may keep minority and community-based physicians out of some managed care organizations. (5) Managed care organizations sometimes exclude physicians and other community-based health care providers who traditionally provide service to underserved areas; this is particularly the case among minority physicians who may be well established in their community based practices but are not board certified. SEC. 2. REQUIREMENT FOR SERVICE TO AREAS THAT INCLUDE A MEDICALLY UNDERSERVED POPULATION. (a) Requirement.-- (1) In general.--A managed care organization offering a managed care plan shall establish and maintain adequate arrangements, as defined under regulations of the Secretary, with a sufficient number, mix, and distribution of health care professionals and providers to assure that covered items and services are available and accessible to each enrollee under the plan-- (A) in the service area of the organization; (B) in a variety of sites of service; (C) with reasonable promptness (including reasonable hours of operation and after-hours services); (D) with reasonable proximity to the residences and workplaces of enrollees; and (E) in a manner that-- (i) takes into account the diverse needs of enrollees; and (ii) reasonably assures continuity of care. (2) Treatment of organizations serving certain areas.--For a managed care organization that serves a medically underserved area, the organization shall be treated as meeting the requirement of paragraph (1) if the organization has arrangements with a sufficient number, mix, and distribution of health care professionals and providers having a history of serving such areas. (b) Enforcement of Requirements.-- (1) Application to group health plans.-- (A) Public health service act.--For purposes of applying title XXVII of the Public Health Service Act, the requirements of subsection (a) shall be treated as though they were included in the subpart 2 of part A of such title (42 U.S.C. 300gg-4 et seq.). (B) Employee retirement income security act of 1974.--For purposes of applying part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, the requirements of subsection (a) shall be treated as though they were included in subpart B of such part (29 U.S.C. 1185 et seq.). (C) Internal revenue code of 1986.--For purposes of applying chapter 100 of the Internal Revenue Code of 1986, the requirements of subsection (a) shall be treated as though they were included in subchapter B of such chapter. (2) Application to individual health insurance coverage.-- For purposes of applying title XXVII of the Public Health Service Act, the requirements of subsection (a) also shall be treated as though they were part of subpart 2 of part B of such title (42 U.S.C. 300gg-51 et seq.). (3) Medicare.--The Secretary may not enter into a contract under section 1857 of the Social Security Act (42 U.S.C. 1395w- 27) with a Medicare+Choice organization that is a managed care organization unless the contract contains assurances satisfactory to the Secretary that the organization will comply with the applicable requirements of subsection (a). (4) Medicaid.--Notwithstanding any other provision of law, no funds shall be paid to a State under section 1903(a)(1) of the Social Security Act (42 U.S.C. 1396b(a)(1)) with respect to medical assistance provided through payment to a medicaid managed care organization (as defined in section 1903(m)(1)(A) of such Act, 42 U.S.C. 1396b(m)(1)(A)) unless the contract with such organization contains assurances satisfactory to the Secretary that the organization will comply with the applicable requirements of subsection (a). SEC. 3. ESTABLISHMENT OF GRANT PROGRAM. (a) In General.--The Secretary shall establish a program in the Office of Minority Health of the Department of Health and Human Services to award competitive grants to eligible nongovernmental agencies to enable such agencies to develop outreach programs to-- (1) inform individuals in medically underserved areas how to access managed care organizations in their communities; and (2) assist physicians and other health care professionals who serve in medically underserved areas to enroll as providers in managed care organizations in their communities. (b) Eligibility and Amount.-- (1) Eligibility.--The criteria necessary to receive a grant under this section shall be determined by the Secretary. (2) Amount.--The amount of a grant awarded to an agency under this section shall be determined by the Secretary. SEC. 4. STUDY OF MINORITY PHYSICIAN PARTICIPATION IN MANAGED CARE ORGANIZATIONS. (a) Study.--The Secretary shall provide for a study to examine the participation of African-American and other minority physicians in managed care organizations and steps that can be taken to increase such participation. (b) Report.--The Secretary shall submit a report to Congress on such study not later than 1 year after the date of the enactment of this Act. SEC. 5. DEFINITIONS. For purposes of this Act: (1) Enrollee.--The term ``enrollee'' means, with respect to a managed care plan offered by a managed care organization, an individual enrolled with the organization for coverage under such a plan. (2) Health care professional.--The term ``health care professional'' means a physician or other health care practitioner who is licensed under State law with respect to the health care services the practitioner furnishes. (3) Health plan.--The term ``health plan'' means a group health plan or health insurance coverage offered by a health insurance issuer. (4) Managed care organization.--The term ``managed care organization'' means any entity, including a group health plan, health maintenance organization, or provider-sponsored organization, in relation to its offering of a managed care plan, and includes any other entity that provides or manages the coverage under such a plan under a contract or arrangement with the entity. (5) Managed care plan.--The term ``managed care plan'' means a health plan offered by an entity if the entity-- (A) provides or arranges for the provision of health care items and services to enrollees in the plan through participating health care professionals and providers; or (B) provides financial incentives (such as variable copayments and deductibles) to induce enrollees to obtain benefits through participating health care professionals and providers, or both. (6) Medically underserved area.--The term ``medically underserved area'' means an area that is designated as a health professional shortage area under section 332 of the Public Health Service Act (42 U.S.C. 254e) or as a medically underserved area for purposes of section 330 or 1302(7) of such Act (42 U.S.C. 254c, 300e-1(7)). (7) Participating.--The term ``participating'' means, with respect to a health care professional or provider in relation to a health plan offered by an entity, a physician or provider that furnishes health care items and services to enrollees of the entity under an agreement with the entity. (8) Primary care provider.--The term ``primary care provider'' means a health care professional who acts as a gatekeeper for the overall care of an enrollee. (9) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (10) Other general definitions.--Except as otherwise provided in this section, the definitions contained in section 2791 of the Public Health Service Act (42 U.S.C. 300gg-91) shall apply under this section.

Medically Underserved Access to Care Act of 2001 - Directs a managed care organization offering a managed care plan to establish and maintain adequate arrangements with a sufficient number, mix, and distribution of health care professionals and providers to assure that covered items and services are available and accessible to each plan enrollee in the organization's service area at a variety of sites within reasonable proximity to the enrollee, and in a manner that accounts for enrollee needs and reasonably assures care continuity.Treats as meeting such requirements any managed care organization serving a medically underserved area that has similar arrangements with health care professionals and providers having a history of serving such areas.Directs the Secretary of Health and Human Services to establish a program in the Office of Minority Health of the Department of Health and Human Services to award competitive grants to enable eligible nongovernmental agencies to develop outreach programs with regard to medically underserved areas.Requires a study to examine the participation of African-American and other minority physicians in managed care organizations and steps that can be taken to increase such participation.

{"src": "billsum_train", "title": "To require managed care organizations to contract with providers in medically underserved areas, and for other purposes."}

SEC. 1. SHORT TITLE. This Act may be cited as the ``Teague Grant Reauthorization Act''. SECTION 2. SUCCESS OF VETERANS' ADMINISTRATION MEDICAL SCHOOL ASSISTANCE AND HEALTH MANPOWER TRAINING ACT OF 1972 IN ALLEVIATING SHORTAGES OF HEALTH CARE PROFESSIONALS. (a) Findings.--Congress finds the following: (1) A severe shortage in the number of physicians and other health care professionals in the United States is predicted for the next two decades, as a result of a substantial growth in demand for medical services compared with the number of medical school graduates, foreign doctors in the United States, and other health care professionals available to meet that demand. (2) Recent studies based on current trends predict a national shortage of up to 50,000 physicians by 2010 and up to 200,000 physicians by 2020. (3) The passage and funding of the Veterans' Administration Medical School Assistance and Health Manpower Training Act of 1972 (Public Law 92-541), which added chapter 82 to title 38, United States Code, helped to prevent a predicted shortage of physicians and other health care professionals in the 1970s and 1980s, and resulted in the establishment of five new medical schools in the United States, at East Tennessee State University, the University of South Carolina, Texas A&M University, Wright State University, and Marshall University, each operated in conjunction with health care facilities of the Department of Veterans Affairs. (4) Over the past three decades, the partnerships between the Department of Veterans Affairs and those five medical schools not only helped prevent such a physician shortage, but also fostered significant gains in the quality of physician education, medical research, and health care delivery. (5) Physicians and other health care professionals educated in those medical schools have benefited from the rich and diverse educational experiences available in veterans' health care facilities. (6) Veterans and their families have benefited from medical care that is enhanced by faculty physicians, residency training, and comprehensive medical education that is available in veterans health care facilities affiliated with those medical schools. (b) Recognition.--Congress hereby recognizes-- (1) the 30th anniversary of the enactment of the Veterans' Administration Medical School Assistance and Health Manpower Training Act of 1972 (Public Law 92-541); (2) the critical and historic role played by that Act towards alleviating the shortfall in the number of physicians and other health care professionals; and (3) the importance of continued growth in the partnerships between the Department of Veterans Affairs and medical schools affiliated with the Department. SEC. 3. DECLARATION OF PURPOSE AND DESIGNATION OF GRANTS. Section 8221 of title 38, United States Code, is amended-- (1) by striking ``and to cooperate'' and all that follows through ``such subchapter'' and inserting ``to address shortfalls in the number of physicians and other health care professionals employed in the Veterans Health Administration''; and (2) by adding at the end the following new sentence: ``Grants under this subchapter shall be known as `Teague Grants' in honor of the most-decorated veteran ever to have served in Congress, the Honorable Olin E. `Tiger' Teague of Texas.''. SEC. 4. REAUTHORIZATION OF PROGRAM OF GRANTS TO AFFILIATED MEDICAL SCHOOLS. (a) Authorization of Appropriations.--Section 8222 of title 38, United States Code, is amended-- (1) by striking subsection (a) and inserting the following new subsection: ``(a) There is authorized to be appropriated for carrying out programs authorized under this subchapter $10,000,000 for each of fiscal years 2005 through 2009.''; and (2) by striking subsection (c). (b) Criteria for Grants.--Subsection (b) of section 8223 of such title is amended-- (1) in paragraph (1), by inserting before the semicolon the following: ``and will increase the number of medical or nursing students attending the school''; (2) by striking ``and'' at the end of paragraph (3); (3) by redesignating paragraph (4) as paragraph (5); and (4) by inserting after paragraph (3) the following new paragraph: ``(4) the application sets forth demonstrated benefits to the Department and to the care of veterans; and''. (c) Priority of Grant Awards.--Such section is further amended by adding at the end the following new subsection: ``(c) The Secretary shall give priority in the award of grants under this section to the medical schools established pursuant to subchapter I.''.

Teague Grant Reauthorization Act - Recognizes: (1) the 30th anniversary of the enactment of the Veterans' Administration Medical School Assistance and Health Manpower Training Act of 1972; (2) the critical and historic role played by that Act towards alleviating the shortfall in the number of physicians and other health care professionals; and (3) the importance of continued growth in partnerships between the Department of Veterans Affairs and affiliated medical schools. Adds as a purpose of current grants made by the Secretary of Veterans Affairs to affiliated medical schools as a result of such Act the addressing of shortfalls in the number of physicians and other health care professionals employed in the Department's Veterans Health Administration. Designates such grants as "Teague Grants" in honor of Olin E. Teague, the most decorated veteran ever to have served in Congress. Reauthorizes and extends the grant program for FY 2005 through 2009. Includes within criteria for grant approval a determination that proposed projects and programs will increase the number of medical and nursing students attending the affiliated school. Directs the Secretary to give a priority in grant awards to medical schools established under the Act.

{"src": "billsum_train", "title": "To recognize the importance of the Veterans' Administration Medical School Assistance and Health Manpower Training Act of 1972 in addressing shortfalls in the number of physicians and other health care professionals employed in the health care system of the Department of Veterans Affairs, to reauthorize the program of grants to medical schools affiliated with the Department, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Land Sovereignty Protection Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The power to dispose of and make all needful rules and regulations governing lands belonging to the United States is vested in the Congress under article IV, section 3, of the Constitution. (2) Some Federal land designations made pursuant to international agreements concern land use policies and regulations for lands belonging to the United States which under article IV, section 3, of the Constitution can only be implemented through laws enacted by the Congress. (3) Some international land designations, such as those under the United States Biosphere Reserve Program and the Man and Biosphere Program of the United Nations Scientific, Educational, and Cultural Organization, operate under independent national committees, such as the United States National Man and Biosphere Committee, which have no legislative directives or authorization from the Congress. (4) Actions by the United States in making such designations may affect the use and value of nearby or intermixed non-Federal lands. (5) The sovereignty of the States is a critical component of our Federal system of government and a bulwark against the unwise concentration of power. (6) Private property rights are essential for the protection of freedom. (7) Actions by the United States to designate lands belonging to the United States pursuant to international agreements in some cases conflict with congressional constitutional responsibilities and State sovereign capabilities. (8) Actions by the President in applying certain international agreements to lands owned by the United States diminishes the authority of the Congress to make rules and regulations respecting these lands. (b) Purpose.--The purposes of this Act are the following: (1) To reaffirm the power of the Congress under article IV, section 3, of the Constitution over international agreements which concern disposal, management, and use of lands belonging to the United States. (2) To protect State powers not reserved to the Federal Government under the Constitution from Federal actions designating lands pursuant to international agreements. (3) To ensure that no United States citizen suffers any diminishment or loss of individual rights as a result of Federal actions designating lands pursuant to international agreements for purposes of imposing restrictions on use of those lands. (4) To protect private interests in real property from diminishment as a result of Federal actions designating lands pursuant to international agreements. (5) To provide a process under which the United States may, when desirable, designate lands pursuant to international agreements. SEC. 3. CLARIFICATION OF CONGRESSIONAL ROLE IN WORLD HERITAGE SITE LISTING. Section 401 of the National Historic Preservation Act Amendments of 1980 (Public Law 96-515; 94 Stat. 2987) is amended-- (1) in subsection (a) in the first sentence, by-- (A) striking ``The Secretary'' and inserting ``Subject to subsections (b), (c), (d), and (e), the Secretary''; and (B) inserting ``(in this section referred to as the `Convention')'' after ``1973''; and (2) by adding at the end the following new subsections: ``(d)(1) The Secretary of the Interior may not nominate any lands owned by the United States for inclusion on the World Heritage List pursuant to the Convention, unless-- ``(A) the Secretary finds with reasonable basis that commercially viable uses of the nominated lands, and commercially viable uses of other lands located within 10 miles of the nominated lands, in existence on the date of the nomination will not be adversely affected by inclusion of the lands on the World Heritage List, and publishes that finding; ``(B) the Secretary has submitted to the Congress a report describing-- ``(i) natural resources associated with the lands referred to in subparagraph (A); and ``(ii) the impacts that inclusion of the nominated lands on the World Heritage List would have on existing and future uses of the nominated lands or other lands located within 10 miles of the nominated lands; and ``(C) the nomination is specifically authorized by a law enacted after the date of enactment of the American Land Sovereignty Protection Act and after the date of publication of a finding under subparagraph (A) for the nomination. ``(2) The President may submit to the Speaker of the House of Representatives and the President of the Senate a proposal for legislation authorizing such a nomination after publication of a finding under paragraph (1)(A) for the nomination. ``(e) The Secretary of the Interior shall object to the inclusion of any property in the United States on the list of World Heritage in Danger established under Article 11.4 of the Convention, unless-- ``(1) the Secretary has submitted to the Speaker of the House of Representatives and the President of the Senate a report describing-- ``(A) the necessity for including that property on the list; ``(B) the natural resources associated with the property; and ``(C) the impacts that inclusion of the property on the list would have on existing and future uses of the property and other property located within 10 miles of the property proposed for inclusion; and ``(2) the Secretary is specifically authorized to assent to the inclusion of the property on the list, by a joint resolution of the Congress after the date of submittal of the report required by paragraph (1). ``(f) The Secretary of the Interior shall submit an annual report on each World Heritage Site within the United States to the Chairman and Ranking Minority member of the Committee on Resources of the House of Representatives and of the Committee on Energy and Natural Resources of the Senate, that contains for the year covered by the report the following information for the site: ``(1) An accounting of all money expended to manage the site. ``(2) A summary of Federal full time equivalent hours related to management of the site. ``(3) A list and explanation of all nongovernmental organizations that contributed to the management of the site. ``(4) A summary and account of the disposition of complaints received by the Secretary related to management of the site.''. SEC. 4. PROHIBITION AND TERMINATION OF UNAUTHORIZED UNITED NATIONS BIOSPHERE RESERVES. Title IV of the National Historic Preservation Act Amendments of 1980 (16 U.S.C. 470a-1 et seq.) is amended by adding at the end the following new section: ``Sec. 403. (a) No Federal official may nominate any lands in the United States for designation as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization. ``(b) Any designation on or before the date of enactment of the American Land Sovereignty Protection Act of an area in the United States as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization shall not have, and shall not be given, any force or effect, unless the Biosphere Reserve-- ``(1) is specifically authorized by a law enacted after that date of the enactment and before December 31, 2003; ``(2) consists solely of lands that on that date of enactment are owned by the United States; and ``(3) is subject to a management plan that specifically ensures that the designation does not adversly affect State or local government revenue, including revenue for public education programs, and that specifically ensures that the use of intermixed or adjacent non-Federal property is not limited or restricted as a result of that designation. ``(c) The Secretary of State shall submit an annual report on each Biosphere Reserve within the United States to the Chairman and Ranking Minority member of the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, that contains for the year covered by the report the following information for the reserve: ``(1) An accounting of all money expended to manage the reserve. ``(2) A summary of Federal full time equivalent hours related to management of the reserve. ``(3) A list and explanation of all nongovernmental organizations that contributed to the management of the reserve. ``(4) A summary and account of the disposition of the complaints received by the Secretary related to management of the reserve.''. SEC. 5. INTERNATIONAL AGREEMENTS IN GENERAL. Title IV of the National Historic Preservation Act Amendments of 1980 (16 U.S.C. 470a-1 et seq.) is further amended by adding at the end the following new section: ``Sec. 404. (a) No Federal official may nominate, classify, or designate any lands owned by the United States and located within the United States for a special or restricted use under any international agreement unless such nomination, classification, or designation is specifically authorized by law. The President may from time to time submit to the Speaker of the House of Representatives and the President of the Senate proposals for legislation authorizing such a nomination, classification, or designation. ``(b) A nomination, classification, or designation, under any international agreement, of lands owned by a State or local government shall have no force or effect unless the nomination, classification, or designation is specifically authorized by a law enacted by the State or local government, respectively. ``(c) A nomination, classification, or designation, under any international agreement, of privately owned lands shall have no force or effect without the written consent of the owner of the lands. ``(d) This section shall not apply to-- ``(1) agreements established under section 16(a) of the North American Wetlands Conservation Act (16 U.S.C. 4413); and ``(2) conventions referred to in section 3(h)(3) of the Fish and Wildlife Improvement Act of 1978 (16 U.S.C. 712(2)). ``(e) In this section, the term `international agreement' means any treaty, compact, executive agreement, convention, bilateral agreement, or multilateral agreement between the United States or any agency of the United States and any foreign entity or agency of any foreign entity, having a primary purpose of conserving, preserving, or protecting the terrestrial or marine environment, flora, or fauna.''. SEC. 6. CLERICAL AMENDMENT. Section 401(b) of the National Historic Preservation Act Amendments of 1980 (16 U.S.C. 470a-1(b)) is amended by striking ``Committee on Natural Resources'' and inserting ``Committee on Resources''. SEC. 7. INTERNATIONAL AGREEMENTS CONCERNING THE DISPOSAL, MANAGEMENT, AND USE OF LANDS BELONGING TO THE UNITED STATES. Title IV of the National Historic Preservation Act Amendments of 1980 (16 U.S.C. 470a-1 et seq.) is further amended by adding at the end the following new section: ``Sec. 405. No Federal official may enter into an agreement with any international or foreign entity (including any subsidiary thereof) providing for the disposal, management, and use of any lands owned by the United States and located within the United States unless such agreement is specifically authorized by law. The President may from time to time submit to the Speaker of the House of Representatives and the President of the Senate proposals for legislation authorizing such agreements.''. Passed the House of Representatives May 20, 1999. Attest: JEFF TRANDAHL, Clerk.

American Land Sovereignty Protection Act - Amends the National Historic Preservation Act Amendments of 1980 to prohibit the Secretary of the Interior from nominating any Federal lands for inclusion on the World Heritage List pursuant to the Convention Concerning the Protection of the World Cultural and Natural Heritage unless: (1) the Secretary publishes a finding that commercially viable uses of nominated lands and lands within ten miles of them will not be adversely affected by such inclusion; (2) the Secretary has reported to Congress on the lands' natural resources and the impact that the inclusion would have on existing and future uses of such lands; and (3) such nomination is specifically authorized by a law. Authorizes the President to submit proposals for legislation authorizing such a nomination after publication of the Secretary's finding. Requires the Secretary to object to the inclusion of any property in the United States on the list of World Heritage in Danger (established under the Convention) unless the Secretary: (1) has reported to Congress on the necessity for such inclusion, the natural resources associated with the property, and the impact such inclusion would have on existing and future uses of such property; and (2) is specifically authorized to assent to the inclusion by a joint resolution of Congress enacted after the report is submitted. Directs the Secretary to submit an annual report to specified congressional committees on the management of each World Heritage Site within the United States. (Sec. 4) Prohibits any Federal official from nominating any lands in the United States for designation as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization. Provides that any such designation before enactment of this Act shall not have any force or effect, unless the Biosphere Reserve: (1) is specifically authorized by a law enacted after enactment of this Act and before December 31, 2003; (2) consists solely of federally owned lands; and (3) is subject to a management plan that specifically ensures that the designation does not adversely affect State or local government revenue, including for public education programs, and that specifically ensures that the use of intermixed or adjacent non-Federal property is not limited or restricted as a result of that designation. Directs the Secretary of State to report annually to specified congressional committees information on the management of each Biosphere Reserve within the United States. (Sec. 5) Prohibits any Federal official from nominating, classifying, or designating any Federal land located within the United States for a special or restricted use under any international agreement for conserving, preserving, or protecting the terrestrial or marine environment, flora, or fauna (with specified exceptions) unless specifically authorized by law, but authorizes the Secretary to submit proposals for authorizing legislation. Provides that any such nomination, classification, or designation of private or State or local lands shall have no force or effect without the owner's consent or specific authorization by State or local law, respectively. (Sec. 7) Prohibits any Federal official from entering into an agreement with any international or foreign entity providing for the disposal, management, and use of any Federal lands located within the United States unless specifically authorized by law. Allows the President to submit to the Speaker of the House of Representatives and the President of the Senate proposals for legislation authorizing such agreements.

{"src": "billsum_train", "title": "American Land Sovereignty Protection Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Lands Recreation Fee Authority Act''. SEC. 2. RECREATION FEES ON FEDERAL LANDS. (a) General Authority.--Except as provided in subsection (b): (1) The Secretary of the Interior is authorized to collect recreation fees, including entrance and use fees, on the following lands administered by the Secretary: (A) Units of the National Park System; (B) Units of the National Wildlife Refuge System; and (C) National monuments and national conservation areas administered by the Bureau of Land Management. (2) The Secretary of Agriculture is authorized to collect recreation fees, including entrance and use fees, on the following National Forest System lands administered by the Secretary: (A) National monuments; (B) National volcanic monuments; (C) National scenic areas; and (D) National recreation areas. (3) The Secretary of the Interior, with respect to lands administered by the Bureau of Land Management, and the Secretary of Agriculture, with respect to National Forest System lands, is also authorized to collect fees at areas not described in paragraphs (1) and (2) if-- (A) such area is managed primarily for outdoor recreation purposes and contains at least one major recreation attraction; (B) such area has had substantial Federal investments, as determined by the appropriate Secretary, in-- (i) providing facilities or services to the public; or (ii) restoring resource degradation caused by public use; and (C) public access to the area is provided in such a manner that entrance fees can be efficiently collected at one or more centralized locations. (5) The Secretary of the Interior or the Secretary of Agriculture, as appropriate, may reduce or waive any fee authorized under this Act, as appropriate. (6) For each unit or area collecting an entrance fee, the appropriate Secretary shall establish at least one day each year during periods of high visitation as a ``Fee Free Day'' when no entrance fee shall be charged. (7) No recreation fees of any kind shall be imposed or collected for outdoor recreation purposes on Federal lands under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture, except as provided in this Act. (b) Prohibition on Fees.--(1) No recreation fees shall be charged under this Act-- (A) for travel by private, noncommercial vehicle over any national parkway or any road or highway established as a part of the National Federal Aid System, as defined in section 101 of title 23, United States Code, which is commonly used by the public as a means of travel between two places, either or both of which are outside of the fee area; (B) for travel by private, noncommercial vehicle over any road or highway to any land in which a person has any property right if such land is within the unit or area at which recreation fees are charged; (C) for any person who has a right of access for hunting or fishing privileges under a specific provision of law or treaty; or (D for any person who is engaged in the conduct of official business within the unit or area at which recreation fees are charged. (2) Entrance fees shall not be charged-- (A) for any person under 16 years of age; (B) for admission of organized school groups or outings conducted for education purposes by schools or other bona fide educational institutions; (C) for any area containing deed restrictions on charging fees; (D) for any person entering a national wildlife refuge who is the holder of a valid migratory bird hunting and conservation stamp issued under section 2 of the Act of March 16, 1934 (16 U.S.C. 718b) (commonly known as the Duck Stamp Act); (E) for any person holding a valid Golden Eagle Passport, Golden Age Passport, Golden Access Passport, or for entrance to units of the National Park System, a National Parks Passport; and (F) at the following areas administered by the National Park Service: (i) U.S.S. Arizona Memorial; (ii) Independence National Historical Park; (iii) any unit of the National Park System within the District of Columbia or the Arlington House--Robert E. Lee National Memorial in Virginia; and (iv) any unit of the National Park System located in Alaska, with the exception of Denali National Park and Preserve (notwithstanding section 203 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 410hh-2)); and (G) in Smoky Mountains National Park, unless entrance fees are charged on main highways and thoroughfares, no fees shall be charged for entrance on other routes into the park, or any part thereof. (c) Fee Considerations.--(1) Recreation fees charged by the Secretary of the Interior or the Secretary of Agriculture shall be fair and equitable, taking into consideration-- (A) the direct and indirect cost to the Federal agency involved; (B) the benefits and services provided to the visitor; (C) the public policy and management objectives served; (D) costs to the visitor; (E) the effect of multiple fees charged within the same area; (F) fees charged at comparable sites by other public agencies; and (G) the economic and administrative feasibility of fee collection at the site. (2) The Secretary of the Interior and the Secretary of Agriculture shall work cooperatively to ensure that comparable fees and services are established on Federal lands under each Secretary's jurisdiction, and that guidelines for assessing the type and amount of recreation fees are consistent between areas under each Secretary's jurisdiction. (3) The Secretary of the Interior and the Secretary of Agriculture shall, to the extent practicable, seek to minimize multiple fees within specific units or areas. (d) Recreation Use Fees.--(1) The Secretary of the Interior and the Secretary of Agriculture may provide for the collection of recreation use fees where the Federal agency develops, administers, provides, or furnishes at Federal expense, specialized outdoor recreation sites, facilities, equipment, or services. (2) As used in this subsection, the term ``specialized outdoor recreation sites, facilities, equipment, or services'' includes-- (A) a developed campground; (B) a swimming site; (C) a boat launch facility; (D) a managed parking lot; (E) facility or equipment rental; (F) an enhanced interpretive program; (G) a reservation service; or (H) a transportation service. (3) Recreation use fees may not be charged for-- (A) general access to an area; (B) access to a visitor center; (C) a dispersed area with little or no Federal investment; (D) a scenic overlook or wayside; (E) drinking fountains or restrooms; (F) undeveloped parking; (G) picnic tables (when not part of a developed campground or recreation area); (H) special attention or extra services necessary to meet the needs of the disabled; or (I) any nonrecreational activity authorized under a valid permit issued under any other Act. (e) Special Recreation Permit Fee.--The Secretary of the Interior or the Secretary of Agriculture may require a special recreation permit and may charge a special recreation permit fee for recreation use involving a group activity, a commercial tour, a commercial aircraft tour, a recreation event, use by a motorized recreation vehicle, a competitive event, and an activity where a permit is required to ensure resource protection or public safety. SEC. 3. ANNUAL PASSES. (a) In General.--The Secretary of the Interior and the Secretary of Agriculture shall jointly establish procedures for the issuance of, and make available the following passes: (1) Golden eagle passport.--An annual admission permit, to be known as the ``Golden Eagle Passport'', to be valid for a period of one year for admission into any unit or area collecting an entrance fee under this Act. (2) Golden age passport.--A lifetime admission permit to any citizen of, or person domiciled in the United States sixty- two years of age or older, entitling the permittee to admission into any unit or area collecting an entrance fee under this Act. (3) Golden access passport.--A lifetime admission permit to any citizen of, or person domiciled in the United States who is blind or permanently disabled, to be issued without cost. (4) Other passes.--The Secretary of the Interior and the Secretary of Agriculture may develop such other annual, regional or site-specific passes as they deem appropriate. (b) Terms and Conditions.-- (1) Unless determined otherwise by the Secretary of the Interior and the Secretary of Agriculture, the passes authorized under this section shall be issued under the same terms and conditions as existed for such passes as of the date of enactment of this Act. (2) The Secretaries shall develop such terms and conditions for the passes authorized in this section as they deem necessary. (c) National Park Passport.--Nothing in this Act affects the authority of the Secretary of the Interior to issue national park passports, as authorized in title VI of the National Parks Omnibus Management Act of 1998 (16 U.S.C. 5991 et seq.). SEC. 4. ADMINISTRATION. (a) In General.--The Secretary of the Interior and the Secretary of Agriculture shall establish guidelines identifying the process by which the agencies under each Secretary's jurisdiction shall establish and change the amounts charged for any recreation fee, including entrance fees, recreation use fees, or special recreation permit fees collected under this Act. Such guidelines shall require that the agencies coordinate with each other, to the extent practicable, when establishing or changing fees. (b) Notice.--The Secretary of the Interior or the Secretary of Agriculture, as appropriate, shall post clear notice of any entrance fee and available passes at appropriate locations within each area where a recreation fee is charged. Notice shall also be included in publications distributed at the unit or area where the fee is collected. The Secretaries shall jointly take such actions as may be necessary to provide information to the public on all available passes authorized by this Act. (c) Notice of Recreation Fee Projects.--The Secretary of the Interior and the Secretary of Agriculture shall, to the extent practicable, post clear notice of where work is being done using fee revenues collected under this Act. (d) Fee Management Agreements.--Notwithstanding the Federal Grant and Cooperative Agreements Act of 1977 (31 U.S.C. 6301 et seq.), the Secretary of the Interior and the Secretary of Agriculture may enter into fee management agreements, that provide for reasonable commissions or reimbursements, with any governmental or nongovernmental entities to provide fee collection and processing services, including visitor reservation services. (e) Volunteers.--The Secretary of the Interior and the Secretary of Agriculture may use volunteers, as appropriate, to collect fees and sell passes authorized by this Act. SEC. 5. EXPENDITURE OF FEES. (a) Special Account.--The Secretary of the Treasury shall establish a separate special account in the Treasury for each Federal agency collecting recreation fees under this Act. Amounts collected by each agency under this Act shall be deposited into its special account in the Treasury, and shall be available for expenditure by the appropriate agency, without further appropriation, to remain available until expended. (b) Distribution.-- (1) Eighty percent of the amounts collected at a specific unit or area shall remain available for expenditure without further appropriation, at the unit or area where the fees were collected, except that the Secretary of the Interior or the Secretary of Agriculture, as appropriate, may reduce the local allocation amount to not less than 60 percent of the fees collected if the Secretary determines that the unit or area's revenues in any specific fiscal year exceed its reasonable needs for which expenditures may be made. (2) Amount not retained at the site or area collecting the fee shall remain available for expenditure without further appropriation to the Federal agency administering the site, for distribution in accordance with national priority needs within such agency. (3) Revenues from the sale of annual passes shall be distributed in accordance with revenue sharing agreements developed by the Secretary of the Interior and the Secretary of Agriculture. (c) Use of Fee Revenues.--Amounts made available under subsection (b)(1) for expenditure at a specific unit or area shall be accounted for separately from amounts available under (b)(2). Both amounts shall be used for resource preservation, backlogged repair and maintenance projects (including projects related to health and safety), interpretation, signage, habitat for facility enhancement, law enforcement related to public use, maintenance, and direct operating or capital costs associated with the recreation fee program. SEC. 6. CONFORMING AMENDMENTS. (a) Repeal of Other Fee Authorities.--Section 4 of the Land and Water Conservation Fund Act (16 U.S.C. 4601-4a) and section 315 of Public Law 104-134, as amended (16 U.S.C. 4601-4a note), are repealed, except that the repeal of such provisions shall not affect the expenditure of revenues already obligated. All unobligated amounts as of the date of enactment of this Act shall be transferred to the appropriate special account established under this Act and shall be available as provided in this Act. (b) Federal and State Law Unaffected.--Nothing in this Act shall be construed-- (1) to authorize Federal hunting or fishing licenses or fees; (2) to authorize charges for commercial or other activities not related to recreation; (3) to affect any rights or authority of the States with respect to fish and wildlife; (4) to repeal or modify any provision of law that provides that any fees or charges collected at specific Federal areas be used for, or created to specific purposes or special funds as authorized by that provision of law; or (5) to repeal or modify any provision of law authorizing States or political subdivisions thereof to share in revenues from Federal lands.

Federal Lands Recreation Fee Authority Act - Authorizes the collection of recreation, use, and entrance fees on certain lands administered by the Secretary of the Interior and the Secretary of Agriculture.Prohibits the charging of recreation fees for: (1) travel over roads established as part of the National Federal Aid System; (2) travel by a person who has a property right to land within the unit in which recreation fees are charged; (3) any person who has a right of access for hunting or fishing privileges; and (4) any person engaged in official business.Prohibits the charging of entrance fees for: (1) persons under 16 years of age; (2) admission of organized school groups; (3) any area containing deed restrictions on charging fees; (4) persons holding a migratory bird hunting and conservation stamp under the Duck Stamp Act; (5) persons holding a Golden Eagle Passport, Golden Age Passport, Golden Access Passport, or National Parks Passport; and (6) specified National Park Service areas.Prohibits the charging of recreation use fees for: (1) general access to an area; (2) visitor centers; (3) dispersed areas with little Federal investment; (4) scenic overlooks or waysides; (5) drinking fountains or restrooms; (6) undeveloped parking; (7) picnic tables that are not part of a developed recreation area; and (8) services necessary for the disabled.Authorizes the issuance of annual passes, including the Golden Eagle Passport, Golden Age Passport, and Golden Access Passport.Repeals other fee authorities under the Land and Water Conservation Fund Act.

{"src": "billsum_train", "title": "A bill to authorize the Secretary of the Interior and the Secretary of Agriculture to collect recreation fees on Federal lands, and for other purposes."}

SECTION 1. SHORT TITLE; REFERENCES IN ACT. (a) Short Title.--This Act may be cited as the ``Iran-Iraq Arms Non-Proliferation Amendments of 1993''. (b) References in Act.--Except as specifically provided in this Act, whenever in this Act an amendment or repeal is expressed as an amendment to or repeal of a provision, the reference shall be deemed to be made to the National Defense Authorization Act for Fiscal Year 1993. SEC. 2. STATEMENT OF POLICY. It is the policy of the United States-- (1) to halt the proliferation of weapons of mass destruction within Iran and Iraq; and (2) to halt the transfer from any foreign country or foreign person to Iran or Iraq of all weapons of mass destruction and significant components or technology or that can be used to manufacture or deliver weapons of mass destruction. SEC. 3. STATEMENT OF PURPOSE. It is the purpose of this Act to impose additional sanctions against those foreign countries and persons that transfer weapons of mass destruction, destabilizing numbers and types of advanced conventional weapons, or equipment and technology that assist in enhancing the capabilities of Iran or Iraq to manufacture and deliver such weapons. SEC. 4. SANCTIONS AGAINST PERSONS. Section 1604 is amended to read as follows: ``SEC. 1604. SANCTIONS AGAINST PERSONS. ``(a) Prohibition.--If the President determines that any person has transferred or retransferred goods or technology so as to contribute knowingly and materially to the efforts by Iran or Iraq (or any agency or instrumentality of either such country) to acquire destabilizing numbers and types of advanced conventional weapons or to acquire weapons of mass destruction or the means of their delivery, then-- ``(1) the sanctions described in subsection (b) shall be imposed; and ``(2) the President may apply, in the discretion of the President, the sanctions described in subsection (c). ``(b) Mandatory Sanctions.--The sanctions to be imposed pursuant to subsection (a)(1) are as follows: ``(1) Procurement sanction.--Except as provided in subsection (d), the United States Government shall not procure directly or indirectly, or enter into any contract for the procurement of, any goods or services from the sanctioned person. ``(2) Export sanction.--The United States Government shall not issue any license for any export by or to the sanctioned person and shall revoke any such license issued before the effective date of the sanction. ``(3) Import sanction.--Notwithstanding any other provision of law, no item which is the product or manufacture of the sanctioned person, and no technology developed by the sanctioned person, may be imported into any territory subject to the jurisdiction of the United States. ``(4) Transiting united states territory.--(A) Notwithstanding any other provision of law (other than a treaty or other international agreement), no sanctioned person, no item which is the product or manufacture of the sanctioned person, and no technology developed by the sanctioned person, may transit any territory subject to the jurisdiction of the United States. ``(B) The Secretary of Transportation may provide for such exceptions from this paragraph as the Secretary considers necessary to provide for emergencies in which the safety of a vessel or its crew or passengers is threatened. ``(c) Discretionary Sanctions.--The sanctions referred to in subsection (a)(2) are as follows: ``(1) Financial institutions.--(A) The President may by order prohibit any depository institution that is chartered by, or that has its principal place of business within, a State or the United States from making any loan or providing any credit to the sanctioned person, except for loans or credits for the purpose of purchasing food or other agricultural commodities. ``(B) As used in this paragraph, the term `depository institution' means a bank or savings association, as defined in section 3 of the Federal Deposit Insurance Act. ``(2) Use of authorities of the international emergency economic powers act.--The President may exercise the authorities of the International Emergency Economics Powers Act to prohibit any transaction involving any property in which the sanctioned person has any interest whatsoever except for transactions involving the provision of humanitarian assistance. ``(3) Prohibition on vessels that enter ports of sanctioned countries to engage in trade.-- ``(A) In general.--Beginning on the 10th day after a sanction is imposed under this Act against a country, a vessel which enters a port or place in the sanctioned country to engage in the trade of goods or services may not, if the President so requires, within 180 days after departure from such port or place in the sanctioned country, load or unload any freight at any place in the United States. ``(B) Definitions.--As used in this paragraph, the term `vessel' includes every description of water craft or other contrivance used, or capable of being used, as a means of transportation in water, but does not include aircraft. ``(d) Exceptions.--The sanction described in subsection (b)(1) shall not apply-- ``(1) in the case of procurement of defense articles or defense services-- ``(A) under existing contracts or subcontracts, including the exercise of options for production quantities to satisfy operational military requirements essential to the national security of the United States; ``(B) if the President determines that the person or other entity to which the sanctions would otherwise be applied is a sole source supplier of the defense articles or services, that the defense articles or services are essential, and that alternative sources are not readily or reasonably available; or ``(C) if the President determines that such articles or services are essential to the national security under defense coproduction agreements; ``(2) to products or services provided under contracts entered into before the date on which the President makes a determination under subsection (a); ``(3) in the case of contracts entered into before the date on which the President makes a determination under subsection (a), with respect to-- ``(A) spare parts which are essential to United States products or production; ``(B) component parts, but not finished products, essential to United States products or production; or ``(C) routine servicing and maintenance of products, to the extent that alternative sources are not readily or reasonably available; ``(4) to information and technology essential to United States products or production; or ``(5) to medical or other humanitarian items. ``(e) Consultation With and Actions by Foreign Government of Jurisdiction.-- ``(1) Consultations.--Whenever the President makes a determination under subsection (a) with respect to a foreign person, the Congress urges the President-- ``(A) to initiate consultations immediately with the government with primary jurisdiction over that foreign person with respect to the imposition of sanctions pursuant to this section; and ``(B) to take steps in the United Nations and other multilateral groups to negotiate comprehensive multilateral sanctions pursuant to the provisions of chapter 7 of the United Nations Charter, including a partial or complete embargo, against the government of the foreign country of primary jurisdiction over that sanctioned person, as long as that government has not taken specific and effective actions, including appropriate penalties, to terminate the involvement of the sanctioned person or firm in the activities described in section 1604(a). ``(2) Actions by government of jurisdiction.--In order to pursue such consultations with that government, the President may delay imposition of sanctions pursuant to subsections (b) and (c) for up to 90 days. Following these consultations, the President shall impose sanctions immediately unless the President determines and certifies to the Congress that that government has taken specific and effective actions, including appropriate penalties, to terminate the involvement of the foreign person in the activities described in subsection (a). The President may delay the imposition of sanctions for up to an additional 90 days if the President determines and certifies to the Congress that that government is in the process of taking the actions described in the preceding sentence. ``(3) Report to congress.--Not later than 90 days after the application of sanctions under this section, the President shall submit to the Committee on Foreign Relations and the Committee on Governmental Affairs of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on the status of consultations with the appropriate government under this subsection, and the basis for any determination under paragraph (2) of this subsection that such government has taken specific corrective actions.''. SEC. 5. SANCTIONS AGAINST CERTAIN FOREIGN COUNTRIES. Section 1605 is amended-- (1) in subsection (a)-- (A) by inserting ``or to acquire weapons of mass destruction or the means of their delivery'' after ``destabilizing numbers and types of advanced conventional weapons''; and (B) in paragraph (2), by striking ``sanction'' and inserting ``sanctions''; (2) in subsection (b), by adding at the end the following new paragraph: ``(6) Other sanctions.--The President shall apply the same sanctions described in paragraphs (1) through (4) of section 1604(b), together with the exception described in subsection (d), with respect to actions of a foreign government;''; and (3) in subsection (c)-- (A) by striking ``Sanction.--The sanction referred to in subsection (a)(2) is'' and inserting ``Sanctions.--The sanctions referred to in subsection (a)(2) are''; and (B) by adding at the end the following new paragraphs: ``(3) Denial of most-favored-nation status.-- Notwithstanding any other provision of law, the President may suspend the application of nondiscriminatory trade agreement (most-favored-nation status) to the sanctioned country for such time as the President so determines. ``(4) Diplomatic relations.--The President is urged to downgrade or suspend diplomatic relations between the United States and the government of the sanctioned country. ``(5) Suspension of special trade privileges.--The President is authorized to suspend special trade privileges which were extended pursuant to the Generalized Systems of Preferences or the Caribbean Basin Initiative. ``(6) Suspension of trade agreements.--The President is authorized to suspend any trade agreement with the sanctioned country. ``(7) Revocations of licenses for export of nuclear material.--The Nuclear Regulatory Commission is authorized to revoke any license for the export of nuclear material pursuant to a nuclear cooperation agreement with the sanctioned country. ``(8) Presidential action regarding aviation.--(A)(i) The President is authorized to notify the government of a sanctioned country of his intention to suspend the authority of foreign air carriers owned or controlled by the government of that country to engage in foreign air transportation to or from the United States. ``(ii) The President is authorized to direct the Secretary of Transportation to suspend at the earliest possible date the authority of any foreign air carrier owned or controlled, directly or indirectly, by that government to engage in foreign air transportation to or from the United States, notwithstanding any agreement relating to air services. ``(B)(i) The President may direct the Secretary of State to terminate any air service agreement between the United States and a sanctioned country in accordance with the provisions of that agreement. ``(ii) Upon termination of an agreement under this subparagraph, the Secretary of Transportation is authorized to take such steps as may be necessary to revoke at the earliest possible date the right of any foreign air carrier owned, or controlled, directly or indirectly, by the government of that country to engage in foreign air transportation to or from the United States. ``(C) The President may direct the Secretary of Transportation to provide for such exceptions from this subsection as the President considers necessary to provide for emergencies in which the safety of an aircraft or its crew or passengers is threatened. ``(D) For purposes of this paragraph, the terms `aircraft', `air carrier', `air transportation', and `foreign air carrier' have the meanings given those terms in section 101 of the Federal Aviation Act of 1958 (49 U.S.C. 1301). ``(9) Other sanctions.--The President may apply the sanctions described in section 1605(c) with respect to actions of a foreign government.''. SEC. 6. WAIVER. Section 1606 is amended-- (1) by striking ``waiver'' each place it appears and inserting ``termination, modification, and waiver''; and (2) by striking ``waive'' each place it appears and inserting ``modify or waive''. SEC. 7. TERMINATION OF SANCTIONS. The Act is amended by inserting after section 1606 the following new section: ``SEC. 1606A. TERMINATION OF SANCTIONS. ``Except as otherwise provided in this title, the sanctions imposed pursuant to section 1604(a)(1) shall apply for a period of at least 24 months following the imposition of sanctions and shall cease to apply thereafter only if the President determines and certifies to the Congress that-- ``(1) reliable information indicates that the sanctioned person or government has ceased to violate this Act; and ``(2) the President has received reliable assurances from the sanctioned person or government that such person or government will not, in the future, violate this Act.''. SEC. 8. RULES AND REGULATIONS. The Act is amended by inserting after section 1607 the following new section: ``SEC. 1607A. RULES AND REGULATIONS. ``The President is authorized to prescribe such rules and regulations as the President may require to carry out this Act.''. SEC. 9. DEFINITIONS. Section 1608 is amended by adding at the end the following new paragraphs: ``(8) The term `goods or technology' includes any item of the type that is listed on the Nuclear Referral List under section 309(c) of the Nuclear Non-Proliferation Act of 1978, the United States Munitions List (established in section 38 of the Arms Export Control Act), or the MTCR Annex (as defined in section 74(4) of the Arms Export Control Act) or any item that is subject to licensing by the Nuclear Regulatory Commission. ``(9) The term `United States' includes territories and possessions of the United States and the customs waters of the United States, as defined in section 401 of the Tariff Act of 1930 (19 U.S.C. 1401). ``(10) The term `weapons of mass destruction' includes nuclear, chemical, and biological weapons, bomber aircraft with a range in excess of 600 nautical miles, missiles, and missile equipment and technology.''. SEC. 10. CONFORMING AMENDMENT. Section 1602(a) is amended by striking ``chemical, biological, nuclear,'' and inserting ``weapons of mass destruction''.

Iran-Iraq Arms Non-Proliferation Amendments of 1993 - Amends the National Defense Authorization Act for Fiscal Year 1993 to establish mandatory sanctions (on Government procurement, U.S. imports, and export licenses) and discretionary sanctions (no financial dealings and no commerce with vessels that enter into ports of Iran or Iraq) to be imposed on persons who contribute knowingly and materially to efforts by Iran or Iraq to acquire weapons of mass destruction or the means of their delivery. Authorizes the President to exercise the authorities of the International Emergency Economic Powers Act to prohibit any transaction involving the property of a sanctioned person. Provides exceptions to the mandatory sanctions. Urges the President to initiate consultations with the government of a person sanctioned under this Act and to take steps in the United Nations and other multilateral groups to negotiate comprehensive multilateral sanctions under the United Nations Charter. Requires a report to the Congress concerning such consultations. Adds the conduct of knowingly contributing to the efforts of Iran or Iraq to acquire weapons of mass destruction or the means of their delivery to prohibited conduct for which certain sanctions shall be imposed against foreign countries under such Act. Adds to the authorized sanctions against such countries the denial of most-favored-nation status, the downgrading or suspension of diplomatic relations, the suspension of special trade privileges and trade agreements, the revocation of licenses for the export of nuclear materials, and the suspension of air flights to and from the United States. Provides exceptions and waivers. Requires imposed sanctions to apply for at least 24 months and to cease only if the President makes certain certifications to the Congress with respect to the cessation by the country or person of the action for which the sanctions were imposed.

{"src": "billsum_train", "title": "Iran-Iraq Arms Non-Proliferation Amendments of 1993"}

SECTION 1. SHORT TITLE. This Act may be referred to as the ``Big Thicket National Preserve Addition Act of 1993''. SEC. 2. ADDITIONS TO THE BIG THICKET NATIONAL PRESERVE. (a) Additions.--Subsection (b) of the first section of the Act entitled ``An Act to authorize the establishment of the Big Thicket National Preserve in the State of Texas, and for other purposes'', approved October 11, 1974 (16 U.S.C. 698), hereafter referred to as the ``Act'', is amended as follows: (1) Strike out ``map entitled `Big Thicket National Preserve''' and all that follows through ``Secretary of the Interior (hereafter referred to as the `Secretary')'' and insert in lieu thereof ``map entitled `Big Thicket National Preserve', dated October 1992, and numbered 175-80008, which shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior, and the offices of the Superintendent of the preserve. After advising the Committee on Energy and Natural Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives, in writing, the Secretary of the Interior (hereafter referred to as the `Secretary') may make minor revisions of the boundaries of the preserve when necessary by publication of a revised drawing or other boundary description in the Federal Register. The Secretary''. (2) Strike out ``and'' at the end of the penultimate undesignated paragraph relating to Little Pine Island-Pine Island Bayou corridor unit. (3) Strike out the period in the ultimate undesignated paragraph relating to Lance Rosier unit and insert in lieu thereof ``;''. (4) Add at the end thereof the following: ``Village Creek Corridor unit, Hardin County, Texas, comprising approximately four thousand seven hundred and ninety-three acres; ``Big Sandy Corridor unit, Hardin, Polk, and Tyler Counties, Texas, comprising approximately four thousand four hundred and ninety-seven acres; and ``Canyonlands unit, Tyler County, Texas, comprising approximately one thousand four hundred and seventy-six acres.''. (b) Acquisition.--(1) Subsection (c) of the first section of such Act is amended by striking out the first sentence and inserting in lieu thereof the following: ``The Secretary is authorized to acquire by donation, purchase with donated or appropriated funds, transfer from any other Federal agency, or exchange, any lands, waters, or interests therein which are located within the boundaries of the preserve: Provided, That privately owned lands located within the Village Creek Corridor, Big Sandy Corridor, and Canyonlands units may be acquired only with the consent of the owner: Provided further, That the Secretary may acquire lands owned by commercial timber companies only by donation or exchange: Provided further, That any lands owned by the State of Texas, or any political subdivisions thereof may be acquired by donation only.''. (2) Add at the end of the first section of such Act the following new subsections: ``(d) Within sixty days after the date of enactment of this subsection, the Secretary and the Secretary of Agriculture shall identify lands within their jurisdiction located within the vicinity of the preserve which may be suitable for exchange for commercial timber lands within the preserve. In so doing, the Secretary of Agriculture shall seek to identify for exchange National Forest lands that are near or adjacent to private lands that are already owned by the commercial timber companies. Such National Forest lands shall be located in the Sabine National Forest in Sabine County, Texas, in the Davy Crockett National Forest south of Texas State Highway 7, or in other sites deemed mutually agreeable, and within reasonable distance of the timber companies' existing mills. In exercising this exchange authority, the Secretary and the Secretary of Agriculture may utilize any authorities or procedures otherwise available to them in connection with land exchanges, and which are not inconsistent with the purposes of this Act. Land exchanges authorized pursuant to this subsection shall be of equal value and shall be completed as soon as possible, but no later than two years after date of enactment of this subsection. ``(e) With respect to the thirty-seven-acre area owned by the Louisiana-Pacific Corporation or its subsidiary, Kirby Forest Industries, Inc., on Big Sandy Creek in Hardin County, Texas, and now utilized as part of the Indian Springs Youth Camp (H.G. King Abstract 822), the Secretary shall not acquire such area without the consent of the owner so long as the area is used exclusively as a youth camp.''. (c) Publication of Boundary Description.--Not later than six months after the date of enactment of this subsection, the Secretary shall publish in the Federal Register a detailed description of the boundary of the Village Creek Corridor unit, the Big Sandy Corridor unit, and the Canyonlands unit of the Big Thicket National Preserve. (d) Authorization of Appropriations.--Section 6 of such Act is amended by adding at the end thereof the following new sentence: ``Effective upon date of enactment of this sentence, there is authorized to be appropriated such sums as may be necessary to carry out the purposes of subsections (c) and (d) of the first section.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Big Thicket National Preserve Addition Act of 1993 - Expands the boundaries of the Big Thicket National Preserve, Texas, through the addition of specified lands in Hardin, Polk, and Tyler Counties, Texas. Requires the Secretaries of Agriculture and of the Interior to exchange commercial timberlands within and in the vicinity of the Preserve. Prohibits the Secretary of the Interior from acquiring a specified area owned by the Louisiana-Pacific Corporation or its subsidiary, Kirby Forest Industries, Inc., without the owner's consent as long as the area is used exclusively as a youth camp. Authorizes appropriations.

{"src": "billsum_train", "title": "Big Thicket National Preserve Addition Act of 1993"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Good Samaritan Health Professionals Act of 2011''. SEC. 2. LIMITATION ON LIABILITY FOR VOLUNTEER HEALTH CARE PROFESSIONALS. (a) In General.--Title II of the Public Health Service Act (42 U.S.C. 202 et seq.) is amended by inserting after section 224 the following: ``SEC. 224A. LIMITATION ON LIABILITY FOR VOLUNTEER HEALTH CARE PROFESSIONALS. ``(a) Limitation on Liability.--Except as provided in subsection (b), a health care professional shall not be liable under Federal or State law for any harm caused by an act or omission of the professional if-- ``(1) the professional is serving as a volunteer for purposes of responding to a disaster; and ``(2) the act or omission occurs-- ``(A) during the period of the disaster, as determined under the laws listed in subsection (e)(1); ``(B) in the health care professional's capacity as such a volunteer; and ``(C) in a good faith belief that the individual being treated is in need of health care services. ``(b) Exceptions.--Subsection (a) does not apply if-- ``(1) the harm was caused by an act or omission constituting willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious flagrant indifference to the rights or safety of the individual harmed by the health care professional; or ``(2) the health care professional rendered the health care services under the influence (as determined pursuant to applicable State law) of intoxicating alcohol or an intoxicating drug. ``(c) Standard of Proof.--In any civil action or proceeding against a health care professional claiming that the limitation in subsection (a) applies, the plaintiff shall have the burden of proving by clear and convincing evidence the extent to which limitation does not apply. ``(d) Preemption.-- ``(1) In general.--This section preempts the laws of a State or any political subdivision of a State to the extent that such laws are inconsistent with this section, unless such laws provide greater protection from liability. ``(2) Volunteer protection act.--Protections afforded by this section are in addition to those provided by the Volunteer Protection Act of 1997. ``(e) Definitions.--In this section: ``(1) The term `disaster' means-- ``(A) a national emergency declared by the President under the National Emergencies Act; ``(B) an emergency or major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act; or ``(C) a public health emergency determined by the Secretary under section 319 of this Act. ``(2) The term `harm' includes physical, nonphysical, economic, and noneconomic losses. ``(3) The term `health care professional' means an individual who is licensed, certified, or authorized in one or more States to practice a health care profession. ``(4) The term `State' includes each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and any other territory or possession of the United States. ``(5)(A) The term `volunteer' means a health care professional who, with respect to the health care services rendered, does not receive-- ``(i) compensation; or ``(ii) any other thing of value in lieu of compensation, in excess of $500 per year. ``(B) For purposes of subparagraph (A), the term `compensation'-- ``(i) includes payment under any insurance policy or health plan, or under any Federal or State health benefits program; and ``(ii) excludes-- ``(I) reasonable reimbursement or allowance for expenses actually incurred; ``(II) receipt of paid leave; and ``(III) receipt of items to be used exclusively for rendering the health services in the health care professional's capacity as a volunteer described in subsection (a)(1).''. (b) Effective Date.-- (1) In general.--This Act and the amendment made by subsection (a) shall take effect 90 days after the date of the enactment of this Act. (2) Application.--This Act applies to any claim for harm caused by an act or omission of a health care professional where the claim is filed on or after the effective date of this Act, but only if the harm that is the subject of the claim or the conduct that caused such harm occurred on or after such effective date.

Good Samaritan Health Professionals Act of 2011 - Amends the Public Health Service Act to provide that a health care professional shall not be liable under federal or state law for harm caused by any act or omission if: (1) the professional is serving as a volunteer for purposes of responding to a disaster; and (2) the act or omission occurs during the period of the disaster, in the professional's capacity as such a volunteer, and in a good faith belief that the individual being treated is in need of health care services. Makes exceptions where: (1) the harm was caused by an act or omission constituting willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious flagrant indifference to the rights or safety of the individual harmed; or (2) the professional rendered the health care services under the influence of intoxicating alcohol or an intoxicating drug.

{"src": "billsum_train", "title": "To amend the Public Health Service Act to limit the liability of health care professionals who volunteer to provide health care services in response to a disaster."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reciprocal Access to Tibet Act of 2014''. SEC. 2. FINDINGS. Congress finds the following: (1) The Chinese Government does not grant United States officials, journalists, and other citizens access to the People's Republic of China on a reciprocal basis to the access the United States Government grants Chinese officials, journalists, and citizens. (2) The Chinese Government imposes greater restrictions on travel to Tibetan areas than to other areas of the People's Republic of China. (3) Officials of the People's Republic of China have stated that Tibet is open to foreign visitors. (4) The Chinese Government is promoting tourism in Tibetan areas, and has announced plans to make tourism a ``pillar industry'' for the region. (5) The Chinese Government requires foreigners to obtain permission from the Tibet Foreign and Overseas Affairs Office or from the Tibet Tourism Bureau to enter the Tibet Autonomous Region, a restriction that is not imposed on travel to any other provincial-level jurisdiction in the People's Republic of China. (6) The Department of State reports that the Tibet Foreign and Overseas Affairs Office denied more than 10 requests for United States diplomatic access to the Tibet Autonomous Region between May 2011 and December 2012, and that when such requests are granted, diplomatic personnel are closely supervised and given few opportunities to meet local residents not approved by authorities. (7) The Chinese Government restricted United States consular access after an October 28, 2013, bus crash in the Tibet Autonomous Region, in which at least two Americans died and more than a dozen others, all from Walnut, California, were injured. (8) The Chinese Government has failed to respond positively to the United States Government's request to open a consulate in Lhasa, Tibet Autonomous Region. (9) The Department of State reports that the Chinese government regularly denies requests by American diplomats, foreign journalists, and observers to visit Tibetan areas, and that those permitted to visit are subject to ``highly structured, government-organized tours'' that limit independent, objective reporting. (10) The Department of State reports that foreign diplomats who were permitted to travel in Tibetan areas outside the Tibet Autonomous Region were ``repeatedly approached by local police and sometimes forced to leave without reasonable explanation''. (11) The Department of State reports that permission is not always granted to foreign tourists, and that when granted, Lhasa, Rikaze (Shigatse), and Shannan (Lhoka) are usually the only places in the Tibet Autonomous Region open to foreigners. (12) Foreign visitors also face restrictions in their ability to travel freely in Tibetan areas outside the Tibet Autonomous Region. (13) Foreign visitors to Tibetan areas are explicitly limited to tours that are tightly managed by authorities. (14) Restrictions on journalists' access to Tibetan areas conflict with government regulations, adopted in 2008, lifting requirements that foreign journalists get permission of local authorities to travel in the country and interview Chinese citizens. (15) The United States Government generally allows journalists and other citizens of the People's Republic of China to travel freely within the United States. The United States Government requires Chinese diplomats to notify the Department of State of their travel plans, and in certain situations, the United States Government requires Chinese diplomats to obtain approval from the Department of State before travel. However, where approval is required, it is almost always granted expeditiously. (16) The United States regularly grants visas to Chinese officials, scholars, and others who travel to the United States to discuss, promote and display the Chinese Government's perspective on the situation in Tibetan areas, even as the Chinese Government restricts the ability of United States citizens to travel to Tibetan areas to gain their own perspective. (17) Chinese diplomats based in the United States generally avail themselves of the freedom to travel to United States cities and lobby city councils, mayors, and governors to refrain from passing resolutions, issuing proclamations, or making statements of concern on Tibet. (18) The Chinese Government characterizes statements made by United States officials about the situation in Tibetan areas as inappropriate interference in the internal affairs of China. SEC. 3. DEFINITIONS. In this Act: (1) Tibetan areas.--The term ``Tibetan areas'' includes-- (A) the Tibet Autonomous Region (TAR); and (B) the prefectures and counties of the provinces of Sichuan, Qinghai, Yunnan, and Gansu of the People's Republic of China that the Chinese Government designates as ``Tibetan Autonomous'' areas. (2) Senior leadership positions.--The term ``senior leadership positions'' means-- (A) at the provincial level, the Governor, the Vice Governor, the Party Secretary, the Party Disciplinary Committee Secretary, the Party Politics and Law Committee Secretary, the Organization Department Director, the Chairman of the Standing Committee of the People's Congress for the Autonomous Region or Province, the Chairman of the Autonomous Region or Provincial Committee of the People's Political Consultative Conference, the head of the Tibetan Autonomous Region Communist Party Committee United Front Work Department, the head of the Tibetan Autonomous Region Communist Party Committee Political and Legal Commission, the heads of the Tibetan Autonomous Region Public Security and State Security Bureaus, the Commander of the People's Armed Police, the head of the Foreign and Overseas Affairs Office, the Director of the Tibet Tourism Bureau in the Tibet Autonomous Region, and the Party Secretary and Mayor of Lhasa and the relevant provincial capitals; (B) at the prefectural and county levels, the Party Secretary, the Deputy Party Secretaries, the prefecture and county heads and deputy heads, the Secretary General, and the Deputy Secretary General; (C) at the national level, the Director of the Communist Party Central Committee United Front Work Department, the Director of the State Ethnic Affairs Commission, the Director of the State Administration for Religious Affairs, the Director of the State Council Information Office, and the Director of the Foreign Affairs Office of the State Council Information Office; (D) at the regional level, the Regional People's Armed Police and Military Commanders with jurisdiction in Tibetan areas; and (E) any other individual determined by the Secretary of State to be personally and substantially involved in the formulation or execution of policies in Tibetan areas. (3) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs of the House of Representatives; and (B) the Committee on Foreign Relations of the United States Senate. SEC. 4. REPORT TO CONGRESS. (a) In General.--Not later than 90 days after the date of the enactment of this Act and every 12 months thereafter, the Secretary of State shall submit to the appropriate congressional committees a report that provides-- (1) an assessment of the level of access Chinese authorities granted United States diplomats, journalists, and tourists to Tibetan areas in the People's Republic of China, including a comparison with the level of access granted to other areas of the People's Republic of China, a comparison between the levels of access granted to Tibetan and non-Tibetan areas in relevant provinces, and a description of the required permits and other measures that impede the freedom to travel in Tibetan areas; (2) a list of the persons in senior leadership positions in the Tibet Autonomous Region; (3) a list of the persons in senior leadership positions in the provinces of Sichuan, Qinghai, Yunnan, and Gansu Provinces of the People's Republic of China; (4) a list of the persons in senior leadership positions in Kardze (Ganzi) Tibetan Autonomous Prefecture, Ngawa (Aba) Tibetan and Qiang Tibetan Autonomous Prefecture, Muli (Mili) Autonomous County of Sichuan Province, Tsonub (Haixi) Mongol and Tibetan, Tsojang (Haibei) Tibetan, Malho (Huangnan) Tibetan, Yulshul (Yushu) Tibetan, and Golog (Guoluo) Tibetan Autonomous Prefectures of Qinghai Province, Dechen (Diqing) Tibetan Autonomous Prefecture of Yunnan Province, and the Kanlho (Gannan) Tibetan Autonomous Prefecture and Pari (Tianzhu) Tibetan Autonomous County of Gansu Province; (5) a list of the persons in senior leadership positions at the national level as defined in section 3(2)(C); and (6) a list of the persons in senior leadership positions at the regional level as defined in section 3(2)(D). (b) Public Availability.--The report required under subsection (a) shall be made available on the website of the Department of State. SEC. 5. INADMISSIBILITY OF CERTAIN ALIENS. (a) Ineligibility for Visas.--An alien is ineligible to receive a visa to enter the United States and ineligible to be admitted to the United States if such alien is on the list required by-- (1) subsection (a)(2) of section 4, and if the Secretary of State determines that the requirements for specific official permission for foreigners to travel to the Tibet Autonomous Region remain in effect, or that the current permission system has been replaced by a requirement that has the same effect of requiring foreign travelers to gain a level of permission to enter the Tibet Autonomous Region that is not required for travel to other province-level entities in the People's Republic of China; (2) subsections (a)(3) and (a)(4) of section 4, and if the Secretary of State determines that restrictions on travel by United States officials, journalists, and citizens to areas designated as ``Tibetan autonomous'' in the provinces of Sichuan, Qinghai, Yunnan, and Gansu of the People's Republic of China are greater than any restrictions on travel by United States officials, journalists, and citizens to areas in such provinces that are not so designated; or (3) subsections (a)(5) and (a)(6) of section 4, and if the Secretary of State determines that the requirement for a specific permission to enter Tibet pertaining to travel by foreigners to the Tibet Autonomous Region remain in effect, or that the requirement has been replaced by a regulation that has the same effect of requiring foreign travelers to gain a level of permission to enter the Tibet Autonomous Region that is not required for travel to other province-level entities in the People's Republic of China, and if the Secretary of State determines that restrictions on travel by United States officials and citizens to areas designated as ``Tibetan Autonomous'' in the provinces of Sichuan, Qinghai, Yunnan, and Gansu of the People's Republic of China are greater than any restrictions on travel by United States officials and citizens to areas in such provinces that are not so designated. (b) Current Visas Revoked.--The Secretary of State shall revoke, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), the visa or other documentation of any alien who would be ineligible to receive such a visa or documentation under subsection (a). (c) Waiver for National Interests.-- (1) In general.--The Secretary of State may waive the application of subsection (a) or (b) in the case of an alien if the Secretary determines that such a waiver-- (A) is necessary to permit the United States to comply with the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed June 26, 1947, and entered into force November 21, 1947, or other applicable international obligations of the United States; or (B) is in the national security interests of the United States. (2) Notification.--Upon granting a waiver under paragraph (1), the Secretary of State shall submit to the appropriate congressional committees a document detailing the evidence and justification for the necessity of such waiver, including, if such waiver is granted pursuant to subparagraph (B) of such paragraph, how such waiver relates to the national security interests of the United States. SEC. 6. VISA POLICY. It is the sense of Congress that-- (1) reciprocity forms the basis of diplomatic law and the practice of mutual exchanges between countries; (2) a country should give equivalent consular access to the nationals of another country in a reciprocal manner to the consular access granted by such other country to its own citizens; and (3) the Secretary of State, when granting diplomats from the People's Republic of China access to parts of the United States, should take into account the extent to which the Government of the People's Republic of China grants United States diplomats access to parts of the People's Republic of China, including the level of access afforded to such diplomats to Tibetan areas.

Reciprocal Access to Tibet Act of 2014 - Directs the Secretary of State to submit an annual, publicly-available report to Congress containing: (1) an assessment of the level of access Chinese authorities granted U.S. diplomats, journalists, and tourists to Tibetan areas in China; (2) a list of the persons in senior leadership positions in Tibet Autonomous Region and other specified provinces, prefectures, and autonomous entities; and (3) a list of the persons in senior leadership positions at the national and regional levels as defined by this Act. Makes certain listed persons ineligible for U.S entry under specified circumstances. Expresses the sense of Congress that: (1) reciprocity forms the basis of diplomatic law and the practice of mutual exchanges between countries; (2) consular access should be given on a reciprocal basis; and (3) the Secretary, when granting Chinese diplomats access to parts of the United States, should take into account the extent to which China grants U.S. diplomats access to parts of China, including the level of access to Tibetan areas.

{"src": "billsum_train", "title": "Reciprocal Access to Tibet Act of 2014"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Brian Lykins Human Tissue Transplant Safety Act of 2003''. SEC. 2. OVERSIGHT OF ENTITIES ENGAGING IN ACTIVITIES RELATING TO HUMAN CELL, TISSUE, OR CELLULAR OR TISSUE-BASED PRODUCTS. Section 361 of the Public Health Service Act (42 U.S.C. 264) is amended-- (1) by striking the section heading and all that follows through ``(a) The'' and inserting the following: ``SEC. 361. CONTROL OF COMMUNICABLE DISEASES. ``(a) Prevention of Communicable Diseases.-- ``(1) In general.--The''; (2) in subsection (b), by striking ``(b) Regulations prescribed under this section'' and inserting the following: ``(2) Limitation on purpose.--Regulations prescribed under this subsection''; (3) in subsection (c), by striking ``(c) Except as provided in subsection (d), regulations prescribed under this section'' and inserting the following: ``(3) Limitation on individuals.--Except as provided in paragraph (4), regulations prescribed under this subsection''; (4) in subsection (d)-- (A) by striking the third sentence and all that follows through the end and inserting the following: ``(B) Definitions.--In this paragraph: ``(i) Qualifying stage.--The term `qualifying stage', with respect to a communicable disease, means that such disease-- ``(I) is in a communicable stage; or ``(II) is in a precommunicable stage, if the disease would be likely to cause a public health emergency if transmitted to other individuals. ``(ii) State.--The term `State' includes, in addition to the several States, only the District of Columbia.''; (B) in paragraph (1), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; and (C) by striking ``(d)(1) Regulations prescribed under this section'' and inserting the following: ``(4) Circumstances of quarantine.-- ``(A) In general.--Regulations prescribed under this subsection''; (5) in subsection (e)-- (A) by striking ``(e) Nothing in this section'' and inserting the following: ``(5) Construction.--Nothing in this subsection''; (B) by striking ``such sections'' and inserting ``this subsection or section 363''; and (C) by striking ``under this section'' and inserting ``under this subsection''; and (6) by adding at the end the following: ``(b) Oversight of Entities Engaging in Activities Relating to Human Cell, Tissue, or Cellular or Tissue-Based Products.-- ``(1) Definitions.--In this subsection: ``(A) Commissioner.--The term `Commissioner' means the Commissioner of Food and Drugs. ``(B) Covered entity.--The term `covered entity' means any entity or person (as defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321)) that engages in the recovery, screening or testing (including donor eligibility screening or testing), processing, storage, labeling, packaging, or distribution of a human cell, tissue, or cellular or tissue-based product in a manner that affects interstate commerce. ``(C) Human cell, tissue, or cellular or tissue- based product.--The term `human cell, tissue, or cellular or tissue-based product' means 1 of the articles defined as `human cells, tissues, or cellular or tissue-based products' in section 1271.3(d)(2) of title 21, Code of Federal Regulations. ``(2) Oversight of entities.-- ``(A) In general.--No covered entity shall engage in an activity described in paragraph (1)(B) unless the entity is in compliance with this paragraph and the regulations promulgated under paragraph (3). ``(B) Registration and listing.--Each covered entity shall submit to the Commissioner a request for registration and listing and shall submit, for such registration and listing, such information relating to the identity and operations of the covered entity as the Commissioner may require. ``(C) Inspection.--The Commissioner may conduct such inspections of covered entities as the Commissioner determines are appropriate to evaluate and ensure compliance with-- ``(i) this paragraph; and ``(ii) regulations promulgated under paragraph (3). ``(D) Adverse reactions.-- ``(i) In general.--If an adverse reaction (as defined by the Commissioner) relating to a human cell, tissue, or cellular or tissue-based product occurs at the facility of a covered entity and the covered entity receives notification of the adverse reaction, the covered entity shall report the adverse reaction to the Commissioner not later than 15 calendar days after the date on which the covered entity receives the notification. ``(ii) Reporting mechanism; database.--As soon as practicable, the Commissioner, in consultation with the Director of the Centers for Disease Control and Prevention, shall develop-- ``(I) a single, simple reporting mechanism for use in reporting adverse reactions under clause (i); and ``(II) a database for information received in relation to any adverse reaction reported under clause (i). ``(3) Regulations.-- ``(A) In general.--Not later than 90 days after the date of enactment of the Human Tissue Transplant Safety Act of 2003, the Commissioner shall promulgate regulations to carry out this subsection, including-- ``(i) regulations specifying a description of the information required to be submitted for the registration and listing of a covered entity under paragraph (2)(B); ``(ii) regulations specifying a definition of the term `adverse reaction' for purposes of paragraph (2)(D); ``(iii) regulations specifying procedures for donor eligibility screening and testing, good tissue practices, and procedures for inspection, enforcement, and any other reasonable means to ensure that a human cell, tissue, or cellular or tissue-based product is free from communicable disease and maintains function and integrity during recovery, screening, testing, processing, storage, labeling, packaging, and distribution to a patient; and ``(iv) such other regulations relating to the operation of covered entities as the Commissioner determines are necessary. ``(B) Enforcement.--If the Commissioner determines that a covered entity has violated paragraph (2) or a regulation promulgated under subparagraph (A), the Commissioner (including a designee of the Commissioner) may after providing notice and an opportunity for a hearing-- ``(i) issue an order requiring-- ``(I) any person that distributed the human cell, tissue, or cellular or tissue-based product involved in the violation to recall or destroy the cell, tissue, or product, as appropriate; and ``(II) any covered entity in possession of the cell, tissue, or product to retain it until-- ``(aa) the cell, tissue or product is recalled by the manufacturer or is destroyed or disposed of as specified by the Commissioner; or ``(bb) the safety of the cell, tissue, or product is confirmed by the Commissioner; ``(ii) condemn, and seize or destroy, the cell, tissue, or product; ``(iii) issue an order requiring the covered entity to cease the activity that resulted in the violation so that the covered entity is in compliance with the regulation; or ``(iv) suspend or revoke the registration and listing under this subsection of the covered entity that violated the regulation. ``(4) Applicability.--Nothing in this subsection shall be construed to affect the regulation of human cell, tissue, or cellular or tissue-based products as biological products under section 351 or drugs or devices under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.). ``(5) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection such sums as may be necessary.''. SEC. 3. CONFORMING AMENDMENTS. (a) Federal Food, Drug, and Cosmetic Act.--Section 801(d)(4) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381(d)(4)) is amended by striking ``section 361'' and inserting ``section 361(a)''. (b) Public Health Service Act.-- (1) Section 2(f) of the Public Health Service Act (42 U.S.C. 201(f)) is amended by striking ``361(d),'' and inserting ``361(a)(4),''. (2) Section 363 of the Public Health Service Act (42 U.S.C. 266) is amended by striking ``subsection (b) of section 361'' and inserting ``section 361(a)(2)''. (3) Section 368 of the Public Health Service Act (42 U.S.C. 271) is amended by striking ``361'' and inserting ``361(a)''. (c) Title 49, United States Code.--Section 24301(m)(2) of title 49, United States Code is amended by striking ``Section 361'' and inserting ``Section 361(a)''.

Brian Lykins Human Tissue Transplant Safety Act of 2003 - Amends the Public Health Service Act to provide for oversight by the Commissioner of Food and Drugs of entities engaged in activities relating to human tissue or human tissue-based products, requiring their registration and authorizing their inspection. Requires the reporting of any adverse incidents. Requires the Commissioner to develop a reporting mechanism and a database to store such information. Allows the Commissioner, in an instance in which this Act is violated, to: (1) issue an order requiring any distributor of a human cell, tissue, or cellular or tissue-based product to recall or destroy such product; (2) condemn, seize, and destroy such product; (3) require a covered entity to cease the activity that resulted in the violation; or (4) suspend or revoke the registration and listing of the covered entity involved.

{"src": "billsum_train", "title": "A bill to amend the Public Health Service Act to authorize the Commissioner of Food and Drugs to conduct oversight of any entity engaged in the recovery, screening, testing, processing, storage, or distribution of human tissue or human tissue-based products."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Openness in Political Expenditures Now Act'' or the ``OPEN Act''. SEC. 2. DISCLOSURE BY CORPORATIONS AND LABOR ORGANIZATIONS TO SHAREHOLDERS AND MEMBERS OF DISBURSEMENTS FOR POLITICAL ACTIVITY. (a) Disclosure Required.--Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the following new section: ``SEC. 325. DISCLOSURES BY CORPORATIONS AND LABOR ORGANIZATIONS TO SHAREHOLDERS AND MEMBERS OF INFORMATION ON DISBURSEMENTS FOR CERTAIN POLITICAL ACTIVITY. ``(a) Including Information in Regular Periodic Reports.-- ``(1) In general.--A corporation which submits regular, periodic reports to its shareholders and a labor organization which submits regular, periodic reports to its members shall include in each such report, in a clear and conspicuous manner, the information described in paragraph (2) with respect to the disbursements made by the corporation or labor organization for covered political activity during the period covered by the report, but only if the amount of the disbursement made for such activity during the period covered by the report equals or exceeds the applicable threshold for the activity described in paragraph (3). ``(2) Information described.--The information described in this paragraph is, for each disbursement for covered political activity-- ``(A) the date of the disbursement; ``(B) the amount of the disbursement; ``(C) in the case of a disbursement consisting of an independent expenditure or an electioneering communication, or in the case of a covered political activity described in subsection (c)(3), the name of the candidate identified in the independent expenditure or electioneering communication involved, the Commission ID assigned to the candidate, and the office sought by the candidate; and ``(D) in the case of a covered political activity described in subsection (c)(4), the identification of the association or organization to whom the disbursement was made, and the Commission ID (if any) assigned to the association or organization. ``(3) Applicable threshold for disclosure.--For purposes of paragraph (1), the `applicable threshold' with respect to a disbursement for covered political activity during a period covered by a report is as follows: ``(A) In the case of covered political activity consisting of an independent expenditure, $250. ``(B) In the case of covered political activity consisting of an electioneering communication or a communication described in subsection (c)(3), $10,000. ``(C) In the case of covered political activity consisting of a payment described in subsection (c)(4), the amount of the limitation on contributions which is in effect under section 315(a)(1)(C) as of the last day of the period. ``(b) Submission of Statement to Commission.-- ``(1) Submission of statement.--If a corporation or labor organization includes information in a report pursuant to this section, at the time the corporation or labor organization submits the report to its shareholders or members, the corporation or labor organization shall file a statement with the Commission consisting of the information included in the report pursuant to this section. ``(2) Hyperlink to information.-- ``(A) Requiring posting of hyperlink.--If a corporation or labor organization maintains an Internet site, the corporation or labor organization shall post on such Internet site a hyperlink from its homepage to the location on the Internet site of the Commission which contains the statement filed by the corporation or labor organization under paragraph (1). ``(B) Deadline; duration of posting.--The corporation or labor organization shall post the hyperlink described in subparagraph (A) not later than 24 hours after the Commission posts the statement filed by the corporation or labor organization under paragraph (1) on the Internet site of the Commission, and shall ensure that the hyperlink remains on the Internet site of the corporation or labor organization until the expiration of the 1-year period which begins on the date of the election with respect to which the disbursements included in the statement are made. ``(c) Covered Political Activity Defined.--In this section, the term `covered political activity' means each of the following: ``(1) An independent expenditure (as defined in section 301(17)). ``(2) An electioneering communication (as defined in section 304(f)(3)). ``(3) A communication which would be treated as an electioneering communication under section 304(f)(3) if the communication had been a broadcast, cable, or satellite communication. ``(4) The payment of dues or other amounts to a trade association or to a section 501(c)(4) organization. ``(d) Other Definitions.--In this section, the following definitions apply: ``(1) The term `corporation' means any corporation which is subject to section 316(a). ``(2) The term `labor organization' has the meaning given such term in section 316. ``(3) The term `section 501(c)(4) organization' means any organization described in paragraph (4) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to reports described in section 325(a)(1) of the Federal Election Campaign Act of 1971 (as added by subsection (a)) which are filed after the expiration of the 90-day period which begins on the date of the enactment of this Act. SEC. 3. LIMITATION ON ENGAGING IN COVERED POLITICAL ACTIVITIES BY SOCIAL WELFARE ORGANIZATIONS. (a) In General.--Section 501(c)(4) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(C)(i) Subparagraph (A) shall not apply to an entity for a taxable year if the total expenditures of such entity for the taxable year for covered political activity exceed the lesser of-- ``(I) 10 percent of the total expenditures of such entity for the taxable year, or ``(II) $10,000,000. ``(ii) Subparagraph (A) shall not apply to an entity for a taxable year unless its governing instrument includes provisions the effects of which are to prohibit the expenditures of the entity for a covered political activity from exceeding the threshold specified in clause (i). ``(iii) For purposes of this subparagraph, the term `covered political activity' means-- ``(I) any activity described in paragraphs (1) through (3) of section 325(c) of the Federal Election Campaign Act of 1971; and ``(II) any payment by the entity to any other entity described in this paragraph or to an organization described in paragraph (6) which the payor entity knows, or has reason to know, will be used directly or indirectly by the payee entity or organization for any activity referred to in subclause (I). ``(iv) Clause (i) shall not apply for a taxable year for which the 10 percent threshold specified in clause (i)(I) is exceeded by not more than a de minimis amount if the Secretary determines that the reason for exceeding the threshold was not willful and is due to reasonable cause. ``(v) The Secretary shall prescribe such regulations as may be necessary or appropriate to prevent the avoidance of clause (i), including regulations relating to a direct or indirect transfer of all or part of the assets of an entity to an entity controlled (directly or indirectly) by the same person or persons who control the transferor entity.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 4. SEVERABILITY. If any provision of this Act or amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding.

Openness in Political Expenditures Now Act or OPEN Act - Amends the Federal Election Campaign Act of 1971 to require a corporation which submits regular, periodic reports to its shareholders and a labor organization which submits similar reports to its members to include in each such report specified information on disbursements it has made for certain political activity (including independent expenditures and electioneering communications) during the period covered by the report. Limits the amount of disbursements reported, however, to the amount that equals or exceeds the applicable threshold for the covered political activity. Defines "applicable threshold" for a disbursement as: (1) $250 for an independent expenditure, (2) $10,000 for an electioneering communication or another kind of communication meeting specified criteria, and (3) the amount of the applicable limitation on contributions in effect for payment of dues or other amounts to a trade association or to a tax-exempt non-profit civic league meeting certain criteria (501[c][4] organization). Requires a corporation or labor organization reporting such expenditures to: (1) file a statement about them with the Election Assistance Commission (EAC), and (2) post on its website (if any) a hyperlink from its homepage to this statement on the EAC website. Amends the Internal Revenue Code to subject a 501(c)(4) organization to the income tax on corporations if: (1) its expenditures for the taxable year for covered political activity exceed the lesser of 10% of its total expenditures or $10 million, and (2) its governing instrument does not effectively prohibit its expenditures for a covered political activity from exceeding these thresholds.

{"src": "billsum_train", "title": "OPEN Act"}

-S-E-C-T-I-O-N -1-. -S-H-O-R-T -T-I-T-L-E-. -T-h-i-s -A-c-t -m-a-y -b-e -c-i-t-e-d -a-s -t-h-e -`-`-P-r-o-f-e-s-s-i-o-n-a-l -B-o-x-i-n-g -S-a-f-e-t-y -A-c-t-'-'-. -S-E-C-. -2-. -D-E-F-I-N-I-T-I-O-N-S-. -F-o-r -p-u-r-p-o-s-e-s -o-f -t-h-i-s -A-c-t--- -(-1-) -t-h-e -t-e-r-m -`-`-b-o-x-e-r-'-' -m-e-a-n-s -a -p-e-r-s-o-n -w-h-o -p-a-r-t-i-c-i-p-a-t-e-s -i-n -a -p-r-o-f-e-s-s-i-o-n-a-l -b-o-x-i-n-g -m-a-t-c-h-; -(-2-) -t-h-e -t-e-r-m -`-`-m-a-n-a-g-e-r-'-' -m-e-a-n-s -a -p-e-r-s-o-n -o-r -b-u-s-i-n-e-s-s -w-h-o -h-e-l-p-s -a-r-r-a-n-g-e -p-r-o-f-e-s-s-i-o-n-a-l -b-o-x-i-n-g -m-a-t-c-h-e-s -f-o-r -a -b-o-x-e-r-, -a-n-d -w-h-o -s-e-r-v-e-s -a-s -a-n -a-d-v-i-s-o-r -o-r -r-e-p-r-e-s-e-n-t-a-t-i-v-e -o-f -a -b-o-x-e-r -i-n -a -p-r-o-f-e-s-s-i-o-n-a-l -c-a-p-a-c-i-t-y-; -(-3-) -t-h-e -t-e-r-m -`-`-p-r-o-f-e-s-s-i-o-n-a-l -b-o-x-i-n-g -m-a-t-c-h-'-' -m-e-a-n-s -a -b-o-x-i-n-g -c-o-n-t-e-s-t -h-e-l-d -i-n -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s -b-e-t-w-e-e-n -i-n-d-i-v-i-d-u-a-l-s -f-o-r -c-o-m-p-e-n-s-a-t-i-o-n -o-r -a -p-r-i-z-e-, -a-n-d -d-o-e-s -n-o-t -i-n-c-l-u-d-e -a-n-y -a-m-a-t-e-u-r -b-o-x-i-n-g -m-a-t-c-h-; -(-4-) -t-h-e -t-e-r-m -`-`-p-r-o-m-o-t-e-r-'-' -m-e-a-n-s -a -p-e-r-s-o-n -o-r -b-u-s-i-n-e-s-s -t-h-a-t -o-r-g-a-n-i-z-e-s-, -h-o-l-d-s-, -a-d-v-e-r-t-i-s-e-s-, -o-r -o-t-h-e-r-w-i-s-e -c-o-n-d-u-c-t-s -a -p-r-o-f-e-s-s-i-o-n-a-l -b-o-x-i-n-g -m-a-t-c-h-; -a-n-d -(-5-) -t-h-e -t-e-r-m -`-`-S-t-a-t-e -b-o-x-i-n-g -c-o-m-m-i-s-s-i-o-n-'-' -m-e-a-n-s -a -S-t-a-t-e -a-g-e-n-c-y -w-i-t-h -a-u-t-h-o-r-i-t-y -t-o -r-e-g-u-l-a-t-e -p-r-o-f-e-s-s-i-o-n-a-l -b-o-x-i-n-g-; -S-E-C-. -3-. -P-U-R-P-O-S-E-. -T-h-e -p-u-r-p-o-s-e-s -o-f -t-h-i-s -A-c-t -a-r-e--- -(-1-) -t-o -i-m-p-r-o-v-e -a-n-d -e-x-p-a-n-d -t-h-e -s-y-s-t-e-m -o-f -s-a-f-e-t-y -p-r-e-c-a-u-t-i-o-n-s -t-h-a-t -p-r-o-t-e-c-t-s -t-h-e -w-e-l-f-a-r-e -o-f -p-r-o-f-e-s-s-i-o-n-a-l -b-o-x-e-r-s-; -a-n-d -(-2-) -t-o -a-s-s-i-s-t -S-t-a-t-e -b-o-x-i-n-g -c-o-m-m-i-s-s-i-o-n-s -t-o -p-r-o-v-i-d-e -p-r-o-p-e-r -o-v-e-r-s-i-g-h-t -f-o-r -t-h-e -p-r-o-f-e-s-s-i-o-n-a-l -b-o-x-i-n-g -i-n-d-u-s-t-r-y -i-n -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s-. -S-E-C-. -4-. -P-R-O-F-E-S-S-I-O-N-A-L -B-O-X-I-N-G -M-A-T-C-H-E-S-. -A -p-r-o-f-e-s-s-i-o-n-a-l -b-o-x-i-n-g -m-a-t-c-h -m-a-y -b-e -h-e-l-d -i-n -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s -o-n-l-y -i-f--- -(-1-) -t-h-e -S-t-a-t-e -w-h-e-r-e -t-h-e -p-r-o-f-e-s-s-i-o-n-a-l -b-o-x-i-n-g -m-a-t-c-h -i-s -t-o -b-e -h-e-l-d--- -(-A-) -h-a-s -a -S-t-a-t-e -b-o-x-i-n-g -c-o-m-m-i-s-s-i-o-n -; -o-r -(-B-) -h-a-s -e-n-t-e-r-e-d -i-n-t-o -a-n -a-g-r-e-e-m-e-n-t -w-i-t-h -a -S-t-a-t-e -b-o-x-i-n-g -c-o-m-m-i-s-s-i-o-n -o-f -a-n-o-t-h-e-r -S-t-a-t-e-; -t-o -o-v-e-r-s-e-e -t-h-e -m-a-t-c-h -a-n-d -t-o -r-e-g-u-l-a-t-e -e-a-c-h -o-f -i-t-s -b-o-x-i-n-g -m-a-t-c-h-e-s-; -a-n-d -(-2-) -t-h-e -S-t-a-t-e -b-o-x-i-n-g -c-o-m-m-i-s-s-i-o-n -h-a-s -e-s-t-a-b-l-i-s-h-e-d -p-r-o-c-e-d-u-r-e-s -t-o -c-a-r-r-y -o-u-t -s-e-c-t-i-o-n-s -5-, -6-, -a-n-d -7-. -S-E-C-. -5-. -R-E-G-I-S-T-R-A-T-I-O-N-. -(-a-) -R-e-q-u-i-r-e-m-e-n-t-.----E-a-c-h -p-r-o-f-e-s-s-i-o-n-a-l -b-o-x-e-r -s-h-a-l-l -r-e-g-i-s-t-e-r -w-i-t-h--- -(-1-) -t-h-e -S-t-a-t-e -b-o-x-i-n-g -c-o-m-m-i-s-s-i-o-n -o-f -t-h-e -S-t-a-t-e -i-n -w-h-i-c-h -s-u-c-h -b-o-x-e-r -r-e-s-i-d-e-s-; -(-2-) -i-n -t-h-e -c-a-s-e -o-f -a -b-o-x-e-r -w-h-o -i-s -a -r-e-s-i-d-e-n-t -o-f -a -S-t-a-t-e -i-n -w-h-i-c-h -t-h-e-r-e -i-s -n-o -S-t-a-t-e -b-o-x-i-n-g -c-o-m-m-i-s-s-i-o-n-, -t-h-e -S-t-a-t-e -b-o-x-i-n-g -c-o-m-m-i-s-s-i-o-n -d-e-s-c-r-i-b-e-d -i-n -s-e-c-t-i-o-n -4-(-1-)-(-B-)-; -o-r -(-3-) -i-n -t-h-e -c-a-s-e -o-f -a -b-o-x-e-r -f-r-o-m -a -f-o-r-e-i-g-n -c-o-u-n-t-r-y-, -a-n-y -S-t-a-t-e -t-h-a-t -h-a-s -a -S-t-a-t-e -b-o-x-i-n-g -c-o-m-m-i-s-s-i-o-n-. -(-b-) -I-d-e-n-t-i-f-i-c-a-t-i-o-n -C-a-r-d-.-- -(-1-) -I-s-s-u-a-n-c-e-.----A -S-t-a-t-e -b-o-x-i-n-g -c-o-m-m-i-s-s-i-o-n -s-h-a-l-l -i-s-s-u-e -t-o -e-a-c-h -p-r-o-f-e-s-s-i-o-n-a-l -b-o-x-e-r -w-h-o -r-e-g-i-s-t-e-r-s -i-n -a-c-c-o-r-d-a-n-c-e -w-i-t-h -s-u-b-s-e-c-t-i-o-n -(-a-)-, -a-n -i-d-e-n-t-i-f-i-c-a-t-i-o-n -c-a-r-d -t-h-a-t -c-o-n-t-a-i-n-s--- -(-A-) -a -r-e-c-e-n-t -p-h-o-t-o-g-r-a-p-h -o-f -t-h-e -b-o-x-e-r-; -(-B-) -t-h-e -s-o-c-i-a-l -s-e-c-u-r-i-t-y -n-u-m-b-e-r -o-f -t-h-e -b-o-x-e-r -(-o-r-, -i-n -t-h-e -c-a-s-e -o-f -a -f-o-r-e-i-g-n -b-o-x-e-r-, -a-n-y -s-i-m-i-l-a-r -c-i-t-i-z-e-n -i-d-e-n-t-i-f-i-c-a-t-i-o-n -n-u-m-b-e-r -o-r -p-r-o-f-e-s-s-i-o-n-a-l -b-o-x-e-r -n-u-m-b-e-r -f-r-o-m -t-h-e -c-o-u-n-t-r-y -o-f -r-e-s-i-d-e-n-c-e -o-f -t-h-e -b-o-x-e-r-)-; -a-n-d -(-C-) -t-h-e -p-e-r-s-o-n-a-l -i-d-e-n-t-i-f-i-c-a-t-i-o-n -n-u-m-b-e-r-s -a-s-s-i-g-n-e-d -t-o -t-h-e -b-o-x-e-r -b-y -t-h-e -b-o-x-i-n-g -r-e-g-i-s-t-r-i-e-s -c-e-r-t-i-f-i-e-d -b-y -t-h-e -A-s-s-o-c-i-a-t-i-o-n -o-f -B-o-x-i-n-g -C-o-m-m-i-s-s-i-o-n-e-r-s-. -(-2-) -R-e-n-e-w-a-l-.----E-a-c-h -p-r-o-f-e-s-s-i-o-n-a-l -b-o-x-e-r -s-h-a-l-l -r-e-n-e-w -h-i-s -o-r -h-e-r -i-d-e-n-t-i-f-i-c-a-t-i-o-n -c-a-r-d -a-t -l-e-a-s-t -o-n-c-e -e-v-e-r-y -3 -y-e-a-r-s-. -(-3-) -P-r-e-s-e-n-t-a-t-i-o-n-.----E-a-c-h -p-r-o-f-e-s-s-i-o-n-a-l -b-o-x-e-r -s-h-a-l-l -p-r-e-s-e-n-t -h-i-s -o-r -h-e-r -i-d-e-n-t-i-f-i-c-a-t-i-o-n -c-a-r-d -t-o -t-h-e -S-t-a-t-e -b-o-x-i-n-g -c-o-m-m-i-s-s-i-o-n -n-o-t -l-a-t-e-r -t-h-a-n -t-h-e -t-i-m-e -o-f -t-h-e -w-e-i-g-h-- -i-n -f-o-r -a -p-r-o-f-e-s-s-i-o-n-a-l -b-o-x-i-n-g -m-a-t-c-h-. -(-c-) -R-e-l-a-t-i-o-n -t-o -S-t-a-t-e -L-a-w-.----N-o-t-h-i-n-g -i-n -t-h-i-s -s-e-c-t-i-o-n -s-h-a-l-l -b-e -c-o-n-s-t-r-u-e-d -a-s -p-r-e-v-e-n-t-i-n-g -a -S-t-a-t-e -f-r-o-m -a-p-p-l-y-i-n-g -a-d-d-i-t-i-o-n-a-l -r-e-g-i-s-t-r-a-t-i-o-n -r-e-q-u-i-r-e-m-e-n-t-s-. -S-E-C-. -6-. -R-E-V-I-E-W-. -E-a-c-h -S-t-a-t-e -b-o-x-i-n-g -c-o-m-m-i-s-s-i-o-n -s-h-a-l-l -e-s-t-a-b-l-i-s-h -p-r-o-c-e-d-u-r-e-s--- -(-1-) -t-o -e-v-a-l-u-a-t-e -t-h-e -p-r-o-f-e-s-s-i-o-n-a-l -r-e-c-o-r-d-s -o-f -e-a-c-h -b-o-x-e-r -p-a-r-t-i-c-i-p-a-t-i-n-g -i-n -a -b-o-x-i-n-g -m-a-t-c-h -i-n -t-h-e -S-t-a-t-e-; -a-n-d -(-2-) -t-o -e-n-s-u-r-e -t-h-a-t -n-o -b-o-x-e-r -i-s -p-e-r-m-i-t-t-e-d -t-o -b-o-x -w-h-i-l-e -u-n-d-e-r -s-u-s-p-e-n-s-i-o-n -f-r-o-m -a-n-y -S-t-a-t-e -b-o-x-i-n-g -c-o-m-m-i-s-s-i-o-n -f-o-r -a-n-y -r-e-a-s-o-n-, -i-n-c-l-u-d-i-n-g--- -(-A-) -a -r-e-c-e-n-t -k-n-o-c-k-o-u-t-, -i-n-j-u-r-y-, -o-r -u-n-f-u-l-f-i-l-l-e-d -r-e-q-u-i-r-e-m-e-n-t -f-o-r -a -m-e-d-i-c-a-l -p-r-o-c-e-d-u-r-e-; -(-B-) -a-d-m-i-n-i-s-t-r-a-t-i-v-e -r-e-a-s-o-n-s-, -s-u-c-h -a-s -f-a-i-l-u-r-e -t-o -p-a-y -a -S-t-a-t-e -f-e-e -o-r -f-i-n-e-, -o-r -i-m-p-r-o-p-e-r -c-o-n-d-u-c-t-; -(-C-) -f-a-l-s-i-f-i-c-a-t-i-o-n -o-f-, -o-r -a-t-t-e-m-p-t-s -t-o -f-a-l-s-i-f-y-, -o-f-f-i-c-i-a-l -i-d-e-n-t-i-f-i-c-a-t-i-o-n -c-a-r-d-s -o-r -d-o-c-u-m-e-n-t-s-; -(-D-) -f-a-i-l-u-r-e -o-f -a -d-r-u-g -t-e-s-t-; -(-E-) -i-n-a-d-e-q-u-a-t-e -b-o-x-i-n-g -s-k-i-l-l-s-, -o-r -t-h-e -i-n-a-b-i-l-i-t-y -t-o -s-a-f-e-l-y -c-o-m-p-e-t-e-; -a-n-d -(-F-) -v-i-o-l-a-t-i-o-n -o-f -F-e-d-e-r-a-l -o-r -S-t-a-t-e -g-a-m-i-n-g -l-a-w-s-. -S-E-C-. -7-. -R-E-P-O-R-T-I-N-G-. -(-a-) -B-o-x-i-n-g -M-a-t-c-h -R-e-s-u-l-t-s-.----N-o-t -l-a-t-e-r -t-h-a-n -4-8 -b-u-s-i-n-e-s-s -h-o-u-r-s -(-e-x-c-l-u-d-i-n-g -S-a-t-u-r-d-a-y-s -a-n-d -S-u-n-d-a-y-s-) -a-f-t-e-r -t-h-e -c-o-n-c-l-u-s-i-o-n -o-f -a -p-r-o-f-e-s-s-i-o-n-a-l -b-o-x-i-n-g -m-a-t-c-h-, -t-h-e -r-e-s-u-l-t-s -o-f -s-u-c-h -m-a-t-c-h -s-h-a-l-l -b-e -r-e-p-o-r-t-e-d -t-o -t-h-e -p-r-o-f-e-s-s-i-o-n-a-l -b-o-x-i-n-g -r-e-g-i-s-t-r-i-e-s -c-e-r-t-i-f-i-e-d -b-y -t-h-e -A-s-s-o-c-i-a-t-i-o-n -o-f -B-o-x-i-n-g -C-o-m-m-i-s-s-i-o-n-e-r-s -(-A-B-C-) -a-n-d -t-o -t-h-e -F-l-o-r-i-d-a -S-t-a-t-e -A-t-h-l-e-t-i-c -C-o-m-m-i-s-s-i-o-n-. -(-b-) -S-u-s-p-e-n-s-i-o-n-s-.----N-o-t -l-a-t-e-r -t-h-a-n -4-8 -b-u-s-i-n-e-s-s -h-o-u-r-s -(-e-x-c-l-u-d-i-n-g -S-a-t-u-r-d-a-y-s -a-n-d -S-u-n-d-a-y-s-) -a-f-t-e-r -a -S-t-a-t-e -b-o-x-i-n-g -c-o-m-m-i-s-s-i-o-n -o-r-d-e-r-s -t-h-e -s-u-s-p-e-n-s-i-o-n -o-f -a -b-o-x-e-r-, -p-r-o-m-o-t-e-r-, -o-r -m-a-n-a-g-e-r-, -s-u-c-h -s-u-s-p-e-n-s-i-o-n -s-h-a-l-l -b-e -r-e-p-o-r-t-e-d -t-o -t-h-e -p-r-o-f-e-s-s-i-o-n-a-l -b-o-x-i-n-g -r-e-g-i-s-t-r-i-e-s -c-e-r-t-i-f-i-e-d -b-y -t-h-e -A-s-s-o-c-i-a-t-i-o-n -o-f -B-o-x-i-n-g -C-o-m-m-i-s-s-i-o-n-e-r-s -(-A-B-C-) -a-n-d -t-o -t-h-e -F-l-o-r-i-d-a -S-t-a-t-e -A-t-h-l-e-t-i-c -C-o-m-m-i-s-s-i-o-n-. -S-E-C-. -8-. -E-N-F-O-R-C-E-M-E-N-T-. -(-a-) -I-n-j-u-n-c-t-i-o-n-s-.----W-h-e-n-e-v-e-r -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s -A-t-t-o-r-n-e-y -i-n -a -S-t-a-t-e -h-a-s -r-e-a-s-o-n-a-b-l-e -c-a-u-s-e -t-o -b-e-l-i-e-v-e -t-h-a-t -a -p-e-r-s-o-n -o-r -e-n-t-i-t-y -i-s -e-n-g-a-g-e-d -i-n -a -v-i-o-l-a-t-i-o-n -o-f -t-h-i-s -A-c-t -i-n -s-u-c-h -S-t-a-t-e-, -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s -A-t-t-o-r-n-e-y -m-a-y -b-r-i-n-g -a -c-i-v-i-l -a-c-t-i-o-n -i-n -t-h-e -a-p-p-r-o-p-r-i-a-t-e -d-i-s-t-r-i-c-t -c-o-u-r-t -o-f -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s -r-e-q-u-e-s-t-i-n-g -s-u-c-h -r-e-l-i-e-f-, -i-n-c-l-u-d-i-n-g -a -p-e-r-m-a-n-e-n-t -o-r -t-e-m-p-o-r-a-r-y -i-n-j-u-n-c-t-i-o-n-, -r-e-s-t-r-a-i-n-i-n-g -o-r-d-e-r-, -o-r -o-t-h-e-r -o-r-d-e-r-, -a-g-a-i-n-s-t -t-h-e -p-e-r-s-o-n -o-r -e-n-t-i-t-y-, -a-s -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s -A-t-t-o-r-n-e-y -d-e-t-e-r-m-i-n-e-s -n-e-c-e-s-s-a-r-y -t-o -r-e-s-t-r-a-i-n -t-h-e -p-e-r-s-o-n -o-r -e-n-t-i-t-y -f-r-o-m -c-o-n-t-i-n-u-i-n-g -t-o -e-n-g-a-g-e -i-n-, -o-r -t-o -s-a-n-c-t-i-o-n-, -a -p-r-o-f-e-s-s-i-o-n-a-l -b-o-x-i-n-g -m-a-t-c-h -i-n -v-i-o-l-a-t-i-o-n -o-f -t-h-i-s -A-c-t-. -(-b-) -C-r-i-m-i-n-a-l -P-e-n-a-l-t-i-e-s-.-- -(-1-) -M-a-n-a-g-e-r-s -a-n-d -p-r-o-m-o-t-e-r-s-.--- -A-n-y -m-a-n-a-g-e-r -o-r -p-r-o-m-o-t-e-r -w-h-o -k-n-o-w-i-n-g-l-y -a-n-d -w-i-l-l-f-u-l-l-y -v-i-o-l-a-t-e-s -a-n-y -p-r-o-v-i-s-i-o-n -o-f -t-h-i-s -A-c-t -s-h-a-l-l -b-e -i-m-p-r-i-s-o-n-e-d -f-o-r -n-o-t -m-o-r-e -t-h-a-n -1 -y-e-a-r -o-r -f-i-n-e-d -m-o-r-e -t-h-a-n -$-2-0-,-0-0-0-, -o-r -b-o-t-h-. -(-2-) -B-o-x-e-r-s-.----A-n-y -p-r-o-f-e-s-s-i-o-n-a-l -b-o-x-e-r -w-h-o -k-n-o-w-i-n-g-l-y -a-n-d -w-i-l-l-f-u-l-l-y -v-i-o-l-a-t-e-s -a-n-y -p-r-o-v-i-s-i-o-n -o-f -t-h-i-s -A-c-t -s-h-a-l-l -b-e -f-i-n-e-d -n-o-t -m-o-r-e -t-h-a-n -$-1-,-0-0-0-. SECTION 1. SHORT TITLE. This Act may be cited as the ``Professional Boxing Safety Act''. SEC. 2. DEFINITIONS. For purposes of this Act-- (1) the term ``boxer'' means a person who participates in a professional boxing match; (2) the term ``licensee'' means an individual who serves as a trainer, second, or cut man for a professional boxer; (3) the term ``manager'' means a person or business who helps arrange professional boxing matches for a boxer, and who serves as an advisor or representative of a boxer in a professional capacity; (4) the term ``matchmaker'' means a person or business that proposes, selects, and arranges the boxers to participate in a professional boxing event; (5) the term ``professional boxing match'' means a boxing contest held in the United States between individuals for compensation or a prize, and does not include any amateur boxing match; (6) the term ``promoter'' means a person or business that organizes, holds, advertises, or otherwise conducts a professional boxing match; and (7) the term ``State boxing commission'' means a State agency with authority to regulate professional boxing. SEC. 3. PURPOSE. The purposes of this Act are-- (1) to improve and expand the system of safety precautions that protects the welfare of professional boxers; and (2) to assist State boxing commissions to provide proper oversight for the professional boxing industry in the United States. SEC. 4. PROFESSIONAL BOXING MATCHES. A professional boxing match may be held in the United States only if-- (1)(A) the State where the professional boxing match is to be held has a State boxing commission; or (B) the promoter who seeks to put on a boxing event in a State that does not have a boxing commission has entered into an agreement with the chief administrative officer of a State that has a boxing commission to oversee the match; and (2) the State boxing commission has established procedures to carry out sections 5, 6, and 7. SEC. 5. REGISTRATION. (a) Requirement.--Each professional boxer shall register with-- (1) the State boxing commission of the State in which such boxer resides; or (2) in the case of a boxer who is a resident of a foreign country, or a State in which there is no State boxing commission, the State boxing commission of any State that has such a commission. (b) Identification Card.-- (1) Issuance.--A State boxing commission shall issue to each professional boxer who registers in accordance with subsection (a), an identification card that contains-- (A) a recent photograph of the boxer; (B) the social security number of the boxer (or, in the case of a foreign boxer, any similar citizen identification number or professional boxer number from the country of residence of the boxer); and (C) the personal identification numbers assigned to the boxer by the boxing registries certified by the Association of Boxing Commissioners. (2) Renewal.--Each professional boxer shall renew his or her identification card at least once every 3 years. (3) Presentation.--Each professional boxer shall present his or her identification card to the State boxing commission not later than the time of the weigh-in for a professional boxing match. (c) Relation to State Law.--Nothing in this section shall be construed as preventing a State from applying additional registration requirements. SEC. 6. REVIEW. Each State boxing commission shall establish procedures-- (1) to evaluate the professional records of each boxer participating in a boxing match in the State; (2) to ensure that no boxer is permitted to box while under suspension from any State boxing commission due to injury or other medical-related reason, including-- (A) a recent knockout, injury, or requirement for a medical procedure; (B) failure of a drug test; (C) poor boxing skills, or the inability to safely compete; and (D) the use of false aliases, or falsifying, or attempts to falsify, official identification cards or documents; and (3) to ensure that if such commission is considering permitting a boxer, promoter, manager, or other licensee to participate in a boxing event while the individual is under suspension from any State for reasons other than the reasons listed in paragraph (2), such commission shall notify and consult with the chief administrative officer of the State that ordered the suspension prior to the grant of approval for such individual to participate in such boxing event. SEC. 7. REPORTING. (a) Boxing Match Results.--Not later than 48 business hours (excluding Saturdays and Sundays) after the conclusion of a professional boxing match, the results of such match shall be reported to the professional boxing registries certified by the Association of Boxing Commissions (ABC) and to the Florida State Athletic Commission. (b) Suspensions.--Not later than 48 business hours (excluding Saturdays and Sundays) after a State boxing commission orders the suspension of a boxer, promoter, or manager, such suspension shall be reported to the professional boxing registries certified by the Association of Boxing Commissions (ABC) and to the Florida State Athletic Commission. (c) Alternate Reporting Entity.--If the State of Florida ceases, for any reason, to publish and circulate a national suspension list at no cost to other States on a frequent basis, the Association of Boxing Commissions (ABC) shall select a different public or private entity to voluntarily undertake to compile and circulate a suspension list to all State commissions at no cost. SEC. 8. ENFORCEMENT. (a) Injunctions.--Whenever the United States Attorney in a State has reasonable cause to believe that a person or entity is engaged in a violation of this Act in such State, the United States Attorney may bring a civil action in the appropriate district court of the United States requesting such relief, including a permanent or temporary injunction, restraining order, or other order, against the person or entity, as the United States Attorney determines necessary to restrain the person or entity from continuing to engage in, or to sanction, a professional boxing match in violation of this Act. (b) Criminal Penalties.-- (1) Managers, promoters, matchmakers, and licensees.--Each manager, promoter, matchmaker, and licensee who knowingly and willfully violates any provision of this Act shall be imprisoned for not more than 1 year or fined more than $20,000, or both. (2) Boxers.--Any professional boxer who knowingly and willfully violates any provision of this Act shall be fined not more than $1,000. SEC. 9. STUDY. (a) In General.--The Secretary of Labor shall conduct a study on the feasibility and cost of a national pension system for professional boxers, including potential funding sources. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary of Labor shall submit a report to the Congress on the findings of the study conducted pursuant to subsection (a).

Professional Boxing Safety Act - Allows a professional boxing match to be held in the United States only if: (1) the State where the match is to be held has a State boxing commission or the promoter who seeks to put on a boxing event in a State that does not have such a commission has entered into an agreement with the chief administrative officer of a State that does to oversee the match; and (2) such commission has established procedures to carry out this Act. Directs each professional boxer to register with the commission of the State in which such boxer resides or, where a boxer is a resident of a foreign country or a State without such a commission, with any State commission. Requires a commission to issue an identification card to each registered professional boxer to be renewed by the boxer at least once every three years and to be presented to the commission by the time of the weigh-in for a professional boxing match. Directs each commission to establish procedures to: (1) evaluate the professional records of each boxer participating in a boxing match in the State; (2) ensure that no boxer is permitted to box while under suspension from any commission due to injury or other medical-related reason, including a recent knockout, failure of a drug test, inability to safely compete, and the use of false aliases; and (3) ensure that if such commission is considering permitting a boxer, promoter, manager, or other licensee to participate in a boxing event while the individual is under suspension for any other reasons, such commission shall notify and consult the chief administrative officer that ordered the suspension prior to the grant of approval. Requires the results of a professional boxing match and the suspension of a boxer, promoter, or manager to be reported to the professional boxing registries certified by the Association of Boxing Commissions (ABC) and the Florida State Athletic Commission within 48 business hours. Specifies that if the State of Florida ceases to publish and circulate a national suspension list at no cost to other States on a frequent basis, ABC shall select a different public or private entity to voluntarily undertake such task. Authorizes the U.S. Attorney to bring a civil action in U.S. district court requesting relief to restrain a person or entity from continuing to engage in, or to sanction, a professional boxing match in violation of this Act. Imposes criminal penalties on managers, promoters, matchmakers and licensees who knowingly and willfully violate this Act. Directs the Secretary of Labor to conduct a study on the feasibility and cost of a national pension system for professional boxers, including potential funding sources.

{"src": "billsum_train", "title": "Professional Boxing Safety Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Broadband Opportunity and Affordability Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The adoption of broadband service results in enhanced economic development and public safety for communities across the Nation, improved health care and educational opportunities, and a better quality of life for all Americans. (2) Continued progress in the adoption of broadband service is vital to ensuring that the United States remains competitive and continues to create business opportunities and job growth. (3) The price of broadband service is a barrier to adoption for low-income households and can be an impediment to full participation in the emerging broadband economy. SEC. 3. PILOT PROGRAM TO EXPAND LIFELINE PROGRAM TO INCLUDE BROADBAND SERVICE. Section 254(j) of the Communications Act of 1934 (47 U.S.C. 254(j)) is amended to read as follows: ``(j) Lifeline Assistance.-- ``(1) Impact of section on lifeline assistance program.-- Except as provided in paragraph (2), nothing in this section shall affect the collection, distribution, or administration of the Lifeline program. ``(2) Pilot program to expand lifeline program to include broadband service.--As soon as practicable after the date of enactment of the Broadband Opportunity and Affordability Act, the Commission shall implement a 2-year pilot program to expand the Lifeline program to reduce the cost of broadband service for low-income consumers that will-- ``(A) apply to such broadband service as the Commission may determine to be appropriate for purposes of the pilot program; ``(B) provide such levels of support as the Commission may determine to be appropriate for such purposes; ``(C) be available to such consumers as the Commission may determine to be appropriate for such purposes under such eligibility criteria as the Commission may determine to be appropriate for such purposes; and ``(D) reimburse broadband service providers for each customer served, subject to prior authorization from the Commission to participate in the pilot program. ``(3) Criteria for pilot program.--In developing the pilot program required by paragraph (2), the Commission shall consider-- ``(A) whether State matching funds must be provided as a condition of eligibility for low-income households within a State; ``(B) the prevailing market rate for broadband service and the prevailing speed of broadband service adopted by households, using information that the Commission routinely collects or that is publicly available; and ``(C) how to ensure that the program is neutral as to the types of technology used to provide broadband service in order to promote competition from broadband service providers to qualify for participation in the pilot program. ``(4) Status report.--After the pilot program has been operational for 18 months, the Commission shall submit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce on the status of the pilot program. ``(5) Lifeline program defined.--In this subsection, the term `Lifeline program' means the service described in section 54.401(a) of the Commission's regulations (47 C.F.R. 54.401(a)).''. SEC. 4. EXPANSION OF LINK UP PROGRAM REPORT. (a) In General.--Within 180 days after the date of enactment of this Act, the Federal Communications Commission shall initiate a notice of inquiry with public notice and opportunity for comment, to determine-- (1) whether the Link Up program could be expanded to reduce the cost of initiating broadband service through providing support for computer ownership; (2) what equipment would be supported by such an expansion; (3) how much support would be available with such an expansion; and (4) the eligibility criteria for consumers to qualify for such an expansion. (b) Report.--The Commission shall submit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce containing the Commission's findings, conclusions, and recommendations from the inquiry. (c) Link Up Program Defined.--In this section, the term ``Link Up program'' means the service described in section 54.411(a) of the Commission's regulations (47 U.S.C. 54.411(a)).

Broadband Opportunity and Affordability Act - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC) to implement a two-year pilot program to expand the Lifeline program to reduce the cost of broadband service for low-income consumers.

{"src": "billsum_train", "title": "A bill to direct the Federal Communications Commission to conduct a pilot program expanding the Lifeline Program to include broadband service, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect America Scholarships Act of 2003''. SEC. 2. GRANTS AUTHORIZED. Part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) is amended by adding at the end the following: ``Subpart 9--Homeland Security Scholarships ``SEC. 420K. PURPOSES. ``The purposes of this subpart are-- ``(1) to recruit talented young people to professions that are needed to ensure the Nation's homeland security; and ``(2) to make college education more affordable. ``SEC. 420L. DEFINITIONS. ``In this subpart: ``(1) Eligible entity.--The term `eligible entity' means a partnership between-- ``(A) an institution of higher education (or consortium of such institutions); and ``(B) a qualified employer (or consortium of such employers). ``(2) Eligible student.--The term `eligible student' means an individual who-- ``(A)(i) is enrolled as a full- or part-time student at an institution of higher education with a qualified academic major or program; or ``(ii) has been accepted for enrollment at an institution of higher education and intends to major in a qualified academic major or program; ``(B) submits an application for a scholarship under this subpart; and ``(C) submits a written contract, prior to receiving assistance, accepting payment of a scholarship in exchange for providing qualified service. ``(3) Qualified academic major or program.-- ``(A) In general.--The term `qualified academic major or program' means an academic major or program of study designated by the Secretary for each State in an annual notice in the Federal Register that-- ``(i) prepares students in such majors or programs for a career that-- ``(I) is primarily related to homeland security; ``(II) requires specialized expertise; and ``(III) suffers from a critical shortage of qualified personnel; and ``(ii) is a-- ``(I) national priority, as determined by the Secretary in consultation with the Secretary of Homeland Security; or ``(II) State priority, as determined by the chief executive officer in the State in which the student seeking a scholarship under this subpart-- ``(aa) graduated from secondary school; or ``(bb) is enrolled at an institution of higher education. ``(B) Continuation of qualification.--An academic major or program of study designated by the Secretary under subparagraph (A) shall continue to be considered a qualified academic major or program for a student if such academic major or program of study was a qualified academic major or program at the time such student commenced study of such major or program of study. ``(4) Qualified employer.--The term `qualified employer' means-- ``(A) a nonprofit organization; or ``(B) a public agency. ``(5) Qualified service.-- ``(A) In general.--The term `qualified service' means full-time employment with the qualified employer of the eligible entity that awarded the eligible student a scholarship or with another qualified employer (consistent with the guidelines issued by the Secretary pursuant to subparagraph (B)), for a period of 2 years for the first year of a scholarship award and an additional 1 year for each additional year of a scholarship award, in a position that-- ``(i) is primarily related to homeland security; ``(ii) requires specialized expertise related to the qualified academic major or program of the eligible student; and ``(iii) suffers from a critical lack of qualified personnel. ``(B) Service with different employer.--The Secretary shall issue guidelines describing when employment may be completed with a qualified employer who is not the qualified employer of the eligible entity that awarded the eligible student a scholarship. ``SEC. 420M. GRANTS TO ELIGIBLE ENTITIES. ``(a) In General.--From funds appropriated under section 420O, the Secretary shall award grants, on a competitive basis, to eligible entities to enable the entities to award scholarships to eligible students in exchange for qualified service from such students. ``(b) Application.--An eligible entity that desires to receive a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(c) Use of Grant Funds.-- ``(1) Scholarship awards.--An eligible entity that receives a grant under this subpart shall award scholarships to eligible students in exchange for qualified service from such students. ``(2) Application form.--An eligible entity that receives a grant under this subpart shall create an application form for a student desiring to receive a scholarship under this subpart, and include in such form a summary of the rights and liabilities of a student whose application is approved (and whose contract is accepted) by the eligible entity. ``(3) Contract.-- ``(A) In general.--An eligible entity that receives a grant under this subpart shall prepare a written contract that shall be provided to a student desiring to receive a scholarship under this subpart at the time that an application is provided to such student. ``(B) Content.--The contract described in subparagraph (A) shall be an agreement between the eligible entity and student that states that, subject to subparagraph (C)-- ``(i) the eligible entity agrees to provide the student with a scholarship, that may be renewed in each year of study at the institution of higher education for a total of not more than 4 years; and ``(ii) the student agrees to-- ``(I)(aa) accept provision of such a scholarship to the student; ``(bb) maintain enrollment in the qualified academic major or program until the student completes the course of study at the institution of higher education; ``(cc) while enrolled in such qualified academic major or program, maintain an acceptable level of academic standing (as determined by the institution of higher education); and ``(dd) provide qualified service; and ``(II) repay the scholarship under the terms of this subpart if the student fails to comply with the requirements of subclause (I). ``(C) Limitation.--The contract described in subparagraph (A) shall contain a provision that any financial obligation of the United States arising out of a contract entered into under this subpart and any obligation of the student which is conditioned thereon, is contingent upon funds being appropriated for scholarships under this subpart. ``(4) Information on scholarship recipients.--An eligible entity that receives a grant under this subpart shall submit a report to the Secretary at the time a scholarship award is provided to an eligible student identifying-- ``(A) such student's name, date of birth, and social security number; and ``(B) the amount of such scholarship. ``(d) Matching Funds.--An eligible entity receiving Federal assistance under this subpart shall contribute non-Federal matching funds in an amount equal to 50 percent of the amount of Federal assistance. ``(e) Duration of Grant.--Grants awarded under this subpart shall be for a term of 5 years. ``SEC. 420N. SCHOLARSHIPS. ``(a) Submission of Application and Written Contract.--A student that desires to receive a scholarship under this subpart shall submit an application and written contract to an eligible entity at such time, in such manner, and containing such information as the eligible entity may require. ``(b) Payment.-- ``(1) In general.--Subject to paragraph (2), a scholarship provided to an eligible student under this subpart for a school year shall consist of payment to, or (in accordance with paragraph (3)) on behalf of, the eligible student of the amount of the tuition and fees, described in section 472(1), of the eligible student in such school year. ``(2) Maximum scholarship amount.--A scholarship awarded under this subpart during fiscal year 2004 shall not exceed $10,000. The Secretary shall determine the maximum scholarship amount for each succeeding fiscal year after adjusting for inflation. ``(3) Contract.--The Secretary may contract with an institution of higher education, in which an eligible student is enrolled, for the payment to the institution of higher education of the amounts of tuition and fees described in paragraph (1). ``(c) Verification of Qualified Service.-- ``(1) Documentation.---- ``(A) From eligible student.--An eligible student that receives a scholarship under this subpart shall submit documentation to the eligible entity that awarded the student the scholarship, under standards and procedures determined by the eligible entity, verifying that the student has completed such student's qualified service. ``(B) From eligible entity.--An eligible entity that receives a grant under this subpart shall submit documentation to the Secretary by a date specified by the Secretary and under standards and procedures determined by the Secretary, verifying that each eligible student awarded a scholarship under this subpart has completed such student's qualified service. ``(2) Role of secretary.--If the Secretary does not receive satisfactory documentation under paragraph (1)(B) by the date specified by the Secretary, then the Secretary shall collect the scholarship amount determined under paragraph (3) as a loan under the terms and conditions for repayment of loans under part B (including provisions under such part that provide for loan repayment over time). ``(3) Breach of agreement.--Subject to paragraph (4), if an eligible student receives a scholarship under this subpart and agrees to provide qualified service in consideration for receipt of the scholarship, the eligible student is liable to the Federal Government for the amount of such award, for interest on such amount at the rate applicable at the time of noncompliance for Stafford loans under section 427A, and for reasonable collections costs, if the eligible student fails to submit the documentation required under paragraph (1)(A). ``(4) Waiver or suspension of liability.--The Secretary shall waive liability under paragraph (3) if-- ``(A) the student subsequently demonstrates that such student has provided qualified service; ``(B) the student suffers death or permanent and total disability; ``(C) the student is unable to complete the program in which such student was enrolled due to the closure of the institution of higher education; or ``(D) the Secretary determines that compliance by the student with the agreement involved is impossible or would involve extreme hardship to such student. ``(5) Amounts to remain available.--Any amounts collected by the Secretary under this subsection shall remain available for grant awards under this subpart. ``(d) Tax-Free.--The amount of any scholarship that is received under this subpart shall not, consistent with section 108(f) of the Internal Revenue Code of 1986, be treated as gross income for Federal income tax purposes. ``SEC. 420O. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this subpart-- ``(1) $50,000,000 for fiscal year 2004; ``(2) $100,000,000 for fiscal year 2005; ``(3) $150,000,000 for fiscal year 2006; and ``(4) such sums as may be necessary for each of fiscal years 2007 and 2008.''.

Protect America Scholarships Act of 2003 - Amends the Higher Education Act of 1965 to provide grants for homeland security scholarships.Directs the Secretary of Education to award competitive grants to partnerships of institutions of higher education and qualified employers (nonprofit organizations or public agencies) to enable such partnerships to award scholarships to students who are in qualified academic majors or programs relating to homeland security, in exchange for such students' later performing full-time qualified homeland security service with such employers.

{"src": "billsum_train", "title": "A bill to amend title IV of the Higher Education Act of 1965 to provide grants for homeland security scholarships."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Center for American Cultural Heritage Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The history of the United States is in large measure the history of how the United States was populated. (2) The evolution of the American population is broadly termed the ``peopling of America'' and is characterized by the movement of groups of people across external and internal boundaries of the United States as well as by the interactions of such groups with each other. (3) Each of these groups has made unique, important contributions to American history, culture, art, and life. (4) The spiritual, intellectual, cultural, political, and economic vitality of the United States is a result of the pluralism and diversity of the population. (5) The Smithsonian Institution operates 16 museums and galleries, a zoological park, and 5 major research facilities. None of these public entities is a national institution dedicated to presenting the history of the peopling of the United States as described in paragraph (2). (6) The respective missions of the National Museum of American History of the Smithsonian Institution and the Ellis Island Immigration Museum of the National Park Service limit the ability of such museums to present fully and adequately the history of the diverse population and rich cultures of the United States. (7) The absence of a national facility dedicated solely to presenting the history of the peopling of the United States restricts the ability of the citizens of the United States to fully understand the rich and varied heritage of the United States derived from the unique histories of many peoples from many lands. (8) The establishment of a Center for American Cultural Heritage to conduct educational and interpretive programs on the history of the United States' multiethnic, multiracial character will help to inspire and better inform the citizens of the United States about the rich and diverse cultural heritage of the citizens of the United States. SEC. 3. ESTABLISHMENT OF THE CENTER FOR AMERICAN CULTURAL HERITAGE. (a) Establishment.--There is established within the National Museum of American History of the Smithsonian Institution a facility that shall be known as the ``Center for American Cultural Heritage''. (b) Purposes of the Center.--The purposes of the Center are to-- (1) promote knowledge of the life, art, culture, and history of the many groups of people who comprise the United States; (2) illustrate how such groups cooperated, competed, or otherwise interacted with each other; and (3) explain how the diverse, individual experiences of each group collectively helped forge a unified national experience. (c) Components of the Center.--The Center shall include-- (1) a location for permanent and temporary exhibits depicting the historical process by which the United States was populated; (2) a center for research and scholarship relating to the life, art, culture, and history of the groups of people of the United States; (3) a repository for the collection, study, and preservation of artifacts, artworks, and documents relating to the diverse population of the United States; (4) a venue for public education programs designed to explicate the multicultural past and present of the United States; (5) a location for the development of a standardized index of documents, artifacts, and artworks in collections that are held by the Smithsonian Institution and classified in a manner consistent with the purposes of the Center; (6) a clearinghouse for information on documents, artifacts, and artworks on the groups of people of the United States that may be available to researchers, scholars, or the general public through non-Smithsonian collections, such as documents, artifacts, and artworks of such groups held by other Federal agencies, museums, universities, individuals, and foreign institutions; (7) a folklife center committed to highlighting the cultural expressions of various peoples within the United States; (8) a center to promote mutual understanding and tolerance among the groups of people of the United States through exhibits, films, brochures, and other appropriate means; (9) an oral history library developed through interviews with volunteers, including visitors; (10) a location for a visitor center that shall provide individually tailored orientation guides for visitors to all Smithsonian Institution facilities; (11) a location for the training of museum professionals and others in the arts, humanities, and sciences with respect to museum practices relating to the life, art, history, and culture of the various groups of people of the United States; and (12) a location for developing, testing, demonstrating, evaluating, and implementing new museum-related technologies that assist to fulfill the purposes of the Center, enhance the operation of the Center, and improve accessibility of the Center. SEC. 4. LOCATION AND CONSTRUCTION. (a) Location.--The Center shall be located in new or existing Smithsonian Institution facilities on or near the National Mall located in the District of Columbia. (b) Construction.--The Board of Regents is authorized to plan, design, reconstruct, or construct appropriate facilities to house the Center. SEC. 5. DIRECTOR AND STAFF. (a) In General.--The Secretary of the Smithsonian Institution shall appoint and fix the compensation and duties of a Director, Assistant Director, Secretary, and Chief Curator of the Center and any other officers and employees necessary for the operation of the Center. The Director of the Center shall report to the Director of the National Museum of American History. The Director, Assistant Director, Secretary, and Chief Curator shall be qualified through experience and training to perform the duties of their offices. (b) Applicability of Certain Civil Service Laws.--The Secretary of the Smithsonian Institution may-- (1) appoint the Director and 5 employees under subsection (a), without regard to the provisions of title 5, United States Code, governing appointments in the competitive service; and (2) fix the pay of the Director and such 5 employees, 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. SEC. 6. ADVISORY COMMITTEE ON AMERICAN CULTURAL HERITAGE. (a) Establishment of Advisory Committee.-- (1) Establishment.--There is established an advisory committee to be known as the ``Advisory Committee on American Cultural Heritage''. (2) Membership.-- (A) Composition.--The Committee shall be composed of 15 members who shall-- (i) be appointed by the Secretary; (ii) have expertise in immigration history, ethnic studies, museum science, or any other academic or professional field that involves matters relating to the cultural heritage of the citizens of the United States; and (iii) reflect the diversity of the citizens of the United States. (B) Initial appointments.--The initial appointments of the members of the Committee shall be made not later than 6 months after the date of enactment of this Act. (3) Period of appointment; vacancies.--Members shall be appointed for the life of the Committee. Any vacancy in the Committee shall not affect its powers, but shall be filled in the same manner as the original appointment. (4) Initial meeting.--Not later than 30 days after the date on which all members of the Committee have been appointed, the Committee shall hold its first meeting. (5) Meetings.--The Committee shall meet at the call of the Chairperson, but shall meet not less than 2 times each fiscal year. (6) Quorum.--A majority of the members of the Committee shall constitute a quorum, but a lesser number of members may hold hearings. (7) Chairperson and vice chairperson.--The Committee shall select a Chairperson and Vice Chairperson from among its members. (b) Duties of the Committee.--The Committee shall advise the Secretary, the Director of the National Museum of American History, and the Director of the Center on policies and programs affecting the Center. (c) Committee Personnel Matters.-- (1) Compensation of members.--Each member of the Committee 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 Committee. All members of the Committee 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. (2) Travel expenses.--The members of the Committee 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 Committee. (3) Staff.-- (A) In general.--The Chairperson of the Committee 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 Committee to perform its duties. The employment of an executive director shall be subject to confirmation by the Committee. (B) Compensation.--The Chairperson of the Committee may fix the compensation of the executive director and 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 the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (4) Detail of government employees.--Any Federal Government employee may be detailed to the Committee without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (5) Procurement of temporary and intermittent services.-- The Chairperson of the Committee 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. DEFINITIONS. As used in this Act: (1) Board of regents.--The term ``Board of Regents'' means the Board of Regents of the Smithsonian Institution. (2) Center.--The term ``Center'' means the Center for American Cultural Heritage established under section 3(a). (3) Committee.--The term ``Committee'' means the advisory Committee on American Cultural Heritage established under section 8(a). (4) Secretary.--The term ``Secretary'' means the Secretary of the Smithsonian Institution. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act such sums as may be necessary for each fiscal year.

Center for American Cultural Heritage Act - Establishes the Center for American Cultural Heritage within the National Museum of American History of the Smithsonian Institution, to be located in new or existing Smithsonian Institution facilities on or near the National Mall in the District of Columbia. Establishes an Advisory Committee on American Cultural Heritage, whose members are to be appointed by the Secretary of the Smithsonian Institution. Authorizes appropriations.

{"src": "billsum_train", "title": "Center for American Cultural Heritage Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``SCORE for Small Business Act of 2014''. SEC. 2. SCORE REAUTHORIZATION. Section 20 of the Small Business Act (15 U.S.C. 631 note) is amended-- (1) by redesignating subsection (j) as subsection (f); and (2) by adding at the end the following: ``(g) SCORE Program.--There are authorized to be appropriated to the Administrator to carry out the SCORE program authorized by section 8(b)(1) such sums as are necessary for the Administrator to make grants or enter into cooperative agreements in a total amount that does not exceed-- ``(1) $9,100,000 in fiscal year 2015; ``(2) $10,500,000 in fiscal year 2016; and ``(3) $10,500,000 in fiscal year 2017.''. SEC. 3. SCORE PROGRAM. Section 8 of the Small Business Act (15 U.S.C. 637) is amended-- (1) in subsection (b)(1)(B), by striking ``a Service Corps of Retired Executives (SCORE)'' and inserting ``the SCORE program described in subsection (c)''; and (2) by striking subsection (c) and inserting the following: ``(c) SCORE Program.-- ``(1) Definition.--In this subsection, the term `SCORE program' means the SCORE program authorized by subsection (b)(1)(B). ``(2) Volunteers.--A volunteer participating in the SCORE program shall-- ``(A) based on the business experience and knowledge of the volunteer-- ``(i) provide at no cost to individuals who own, or aspire to own, small business concerns personal counseling, mentoring, and coaching relating to the process of starting, expanding, managing, buying, and selling a business; and ``(ii) facilitate low-cost education workshops for individuals who own, or aspire to own, small business concerns; and ``(B) as appropriate, use tools, resources, and expertise of other organizations to carry out the SCORE program. ``(3) Plans and goals.--The Administrator, in consultation with the SCORE Association, shall ensure that the SCORE program and each chapter of the SCORE program develop and implement plans and goals to more effectively and efficiently provide services to individuals in rural areas, economically disadvantaged communities, and other traditionally underserved communities, including plans for electronic initiatives, web- based initiatives, chapter expansion, partnerships, and the development of new skills by volunteers participating in the SCORE program. ``(4) Annual report.--The SCORE Association shall submit to the Administrator an annual report that contains-- ``(A) the number of individuals counseled or trained under the SCORE program; ``(B) the number of hours of counseling provided under the SCORE program; and ``(C) to the extent possible-- ``(i) the number of small business concerns formed with assistance from the SCORE program; ``(ii) the number of small business concerns expanded with assistance from the SCORE program; and ``(iii) the number of jobs created with assistance from the SCORE program. ``(5) Privacy requirements.-- ``(A) In general.--Neither the Administrator nor the SCORE Association may disclose the name, address, or telephone number of any individual or small business concern receiving assistance from the SCORE Association without the consent of such individual or small business concern, unless-- ``(i) the Administrator is ordered to make such a disclosure by a court in any civil or criminal enforcement action initiated by a Federal or State agency; or ``(ii) the Administrator determines such a disclosure to be necessary for the purpose of conducting a financial audit of the SCORE program, in which case disclosure shall be limited to the information necessary for the audit. ``(B) Administrator use of information.--This paragraph shall not-- ``(i) restrict the access of the Administrator to program activity data; or ``(ii) prevent the Administrator from using client information to conduct client surveys. ``(C) Regulations.-- ``(i) In general.--The Administrator shall issue regulations to establish standards for-- ``(I) disclosures with respect to financial audits under subparagraph (A)(II); and ``(II) conducting client surveys, including standards for oversight of the surveys and for dissemination and use of client information. ``(ii) Maximum privacy protection.--The regulations issued under this subparagraph shall, to the extent practicable, provide for the maximum amount of privacy protection. ``(iii) Inspector general.--Until the effective date of the regulations issued under this subparagraph, any client survey and the use of any client information shall be approved by the Inspector General of the Administration, who shall include any such approval in the semi-annual report of the Inspector General.''. SEC. 4. REPEAL OF AUTHORITY FOR THE PROGRAM FOR INVESTMENT IN MICROENTREPRENEURS. (a) Repeal.--Subtitle C of title I of the Riegle Community Development and Regulatory Improvement Act of 1994 (15 U.S.C. 6901 et seq.) is repealed. (b) Rule of Construction.--Nothing in this section shall affect any grant or assistance provided under subtitle C of title I of the Riegle Community Development and Regulatory Improvement Act of 1994 (15 U.S.C. 6901 et seq.) before the date of enactment of this Act, and any such grant or assistance shall be subject to such subtitle C, as in effect on the day before the date of enactment of this Act. SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS. (a) Small Business Act.--The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) in section 7(m)(3)(A)(i)(VIII) (15 U.S.C. 636(m)(3)(A)(i)(VIII)), by striking ``Service Corps of Retired Executives'' and inserting ``SCORE program''; and (2) in section 22 (15 U.S.C. 649)-- (A) in subsection (b)-- (i) in paragraph (1), by striking ``Service Corps of Retired Executives'' and inserting ``SCORE program''; and (ii) in paragraph (3), by striking ``Service Corps of Retired Executives'' and inserting ``SCORE program''; (B) in subsection (c)(12), by striking ``Service Corps of Retired Executives'' and inserting ``SCORE program''. (b) Other Laws.-- (1) Section 621 of the Children's Health Insurance Program Reauthorization Act of 2009 (15 U.S.C. 657p) is amended-- (A) in subsection (a), by striking paragraph (4) and inserting the following: ``(4) the term `SCORE program' means the SCORE program authorized by section 8(b)(1)(B) of the Small Business Act (15 U.S.C. 637(b)(1)(B));''; and (B) in subsection (b)(4)(A)(iv), by striking ``Service Corps of Retired Executives'' and inserting ``SCORE program''. (2) Section 337(d)(2)(A) of the Energy Policy and Conservation Act (42 U.S.C. 6307(d)(2)(A)) is amended by striking ``Service Corps of Retired Executives (SCORE)'' and inserting ``SCORE program''.

SCORE for Small Business Act of 2014 - Amends the Small Business Act, with respect to the SCORE program (Service Corps of Retired Executives), to: (1) reauthorize such program for FY2015-FY2017; (2) modify requirements of such program with respect to the role of participating volunteers, program plans and goals, and reporting; and (3) outline privacy requirements pertaining to the disclosure of information of businesses assisted under such program. Amends the Riegle Community Development and Regulatory Improvement Act of 1994 to repeal the program of assistance to microenterprises (i.e., businesses that have fewer than five employees and generally lack access to conventional loans, equity, or other banking services).

{"src": "billsum_train", "title": "SCORE for Small Business Act of 2014"}

SECTION 1. PULP AND PAPER ENERGY SECURITY TASK FORCE. (a) Definitions.--In this section: (1) The terms ``Department'' and ``Secretary'' mean the Department of Energy and the Secretary thereof, respectively. (2) The term ``task force'' means the task force established under subsection (b). (b) Energy Task Force.-- (1) Establishment.--The Secretary shall establish a task force, to be known as the Pulp and Paper Energy Security Task Force, to address the energy needs of the forest product industry and similar manufacturing operations. (2) Duties.--The task force shall-- (A) identify-- (i) the energy needs of the forest product industry and similar manufacturing operations; (ii) the programs and services provided by the Federal Government, State governments, and nongovernment organizations that may serve to lower energy costs, including through the introduction or increased use of renewable fuels in papermaking operations and allied industries; (B) assess the extent to which the programs and services identified under subparagraph (A)(ii) serve the needs identified under subparagraph (A)(i); (C) make recommendations to the Secretary on how to more effectively serve the needs identified under subparagraph (A)(i) through-- (i) programs and services identified under subparagraph (A)(ii); (ii) new programs and services promoted by the task force; and (iii) statutory changes. (D) make recommendations on how the Secretary may promote-- (i) new programs and services that the task force recommends under subparagraph (C)(ii); and (ii) programs and services identified under subparagraph (A)(ii); (E) make recommendations on how the Secretary may inform and educate with respect to-- (i) the needs identified under subparagraph (A)(i); (ii) new programs and services that the task force recommends under subparagraph (C)(ii); and (iii) programs and services identified under subparagraph (A)(ii); (F) make recommendations on how the Secretary may more effectively work with public and private interests to address the energy needs of the forest product industry and similar manufacturing operations; and (G) make recommendations on the creation of a permanent advisory board that would make recommendations to the Secretary on how to address the energy needs of the forest product industry and similar manufacturing operations. (3) Internet website recommendations.--The task force shall make recommendations to the Secretary relating to the establishment of an Internet website to be used by the Department to receive and dispense information and resources with respect to the needs identified under paragraph (2)(A)(i) and the programs and services identified under paragraph (2)(A)(ii). As part of the recommendations, the task force shall identify the Internet sites of appropriate programs, services, and organizations, both public and private, to which the Internet website should link. (4) Education programs.--The task force shall make recommendations to the Secretary relating to developing additional education materials and programs with respect to the needs identified under paragraph (2)(A)(i). (5) Existing materials-.--The task force shall organize and distribute existing materials that inform and educate with respect to the needs identified under paragraph (2)(A)(i) and the programs and services identified under paragraph (2)(A)(ii). (6) Coordination with public and private sector.--In carrying out its responsibilities under this section, the task force shall coordinate with, and may accept materials and assistance as it determines appropriate from-- (A) any subordinate officer of the Secretary; (B) other Federal agencies, their officers, or employees; and (C) any other organization, entity, or person not described in subparagraph (A) or (B). (7) Chair and vice-chair.--The task force shall have-- (A) a Chair, appointed by the Secretary; and (B) a Vice-Chair, appointed by the Secretary, in consultation with appropriate nongovernmental organizations, entities, or persons. (8) Members.-- (A) Chair and vice-chair.--The Chair and the Vice- Chair shall serve as members of the task force. (B) Additional members.-- (i) In general.--The task force shall have additional members, each of whom shall be appointed by the Chair, with the approval of the Secretary. (ii) Number of members.--The number of additional members shall be determined by the Chair, in consultation with the Secretary, except that-- (I) the additional members shall include, for each of the groups specified in subparagraph (C), at least 1 member appointed from within that group; and (II) the number of additional members shall not exceed 13. (C) Groups represented.--The groups specified in this subparagraph are-- (i) subject matter experts; (ii) labor unions representing employees of the forest product industry and similar manufacturing operations; (iii) vendors of energy technologies to the forest product industry and similar manufacturing operations; (iv) academics with expertise in the use of energy technologies within the forest product industry and similar manufacturing operations; (v) the forest product industry and similar manufacturing operations trade associations; (vi) Federal, State, or local agencies engaged in energy improvements and cost reductions at within the forest product industry and similar manufacturing operations. (9) Meetings.-- (A) Frequency.--The task force shall meet at least 2 times per year, and more frequently if necessary to perform its duties. (B) Quorum.--A majority of the members of the task force shall constitute a quorum. (C) Location.--The Secretary shall designate, and make available to the task force, a location at a facility under the control of the Secretary for use by the task force for its meetings. (D) Minutes.-- (i) In general.--Not later than 90 days after each meeting, the task force shall publish the minutes of the meeting and shall submit to Secretary any findings or recommendations approved at the meeting. (ii) Submission to congress.--Not later than 60 days after the date that the Secretary receives minutes under clause (i) the Secretary shall submit to the Committee on Energy and Natural Resources and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Energy and Commerce and the Committee on Small Business of the House of Representatives such minutes, together with any comments the Secretary considers appropriate. (E) Findings.-- (i) In general.--Not later than the date that the task force terminates under paragraph (13) the task force shall submit to the Secretary a final report on any findings and recommendations of the task force approved at a meeting of the task force. (ii) Submission to congress.--Not later than 90 days after the date that the Administrator receives the report under clause (i), the Secretary shall submit to the Committee on Energy and Natural Resources and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Energy and Commerce and the Committee on Small Business of the House of Representatives the full text of the report submitted under clause (i), together with any comments the Secretary considers appropriate. (10) Personnel matters.-- (A) Compensation of members.--Each member of the task force shall serve without pay for their service on the task force. (B) Travel expenses.--Each member of the task force shall 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. (C) Detail of department of energy employees.--The Secretary may detail, without reimbursement, any of the personnel of the Department to the task force to assist it in carrying out its duties. Such a detail shall be without interruption or loss of civil status or privilege. (D) Department of energy support of the task force.--Upon the request of the task force, the Secretary shall provide to the task force the administrative support services that the Secretary and the Chair jointly determine to be necessary for the task force to carry out its duties. (11) Federal advisory committee act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the task force. (12) Startup.--The initial appointment of the members of the task force shall be completed not later than 90 days after the date of enactment of this section and the first meeting of the task force shall be not later than 180 days after the date of enactment of this section. (13) Termination.-- (A) In general.--Except as provided in subparagraph (B), the task force shall terminate at the end of fiscal year 2012. (B) Exception.--If, as of the termination date under subparagraph (A), the task force has not complied with paragraph (9)(D) with respect to 1 or more meetings, then the task force shall continue after the termination date for the sole purpose of achieving compliance with paragraph (9)(D) with respect to those meetings. (14) Authorization of funding.--There are authorized to be appropriated to carry out this section $200,000 for each of fiscal years 2009 through 2012.

Directs the Secretary of Energy to establish a Pulp and Paper Energy Security Task Force to: (1) identify the energy needs of the forest product industry and similar manufacturing operations, and programs and services provided by the federal and state governments, as well as nongovernment organizations, that may serve to lower energy costs; and (2) assess the extent to which such programs and services serve those needs. Requires the Task Force to make recommendations to the Secretary on: (1) how to more effectively serve such needs; (2) how to promote recommended new programs and services; (3) creation of a permanent advisory board and establishment of an Internet website to receive and dispense relevant information and resources; and (4) development of additional education materials and programs. Requires the Task Force to organize and distribute existing materials that inform and educate with respect to such energy needs of the forest product industry and similar manufacturing operations.

{"src": "billsum_train", "title": "To establish a task force to lower energy costs for the forest product industry and similar manufacturing operations, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Armed Forces Tax Fairness Act of 2002''. SEC. 2. SPECIAL RULE FOR MEMBERS OF UNIFORMED SERVICES AND FOREIGN SERVICE IN DETERMINING EXCLUSION OF GAIN FROM SALE OF PRINCIPAL RESIDENCE. (a) In General.--Subsection (d) of section 121 of the Internal Revenue Code of 1986 (relating to exclusion of gain from sale of principal residence) is amended by adding at the end the following new paragraph: ``(10) Members of uniformed services and foreign service.-- ``(A) In general.--At the election of an individual with respect to a property, the running of the 5-year period described in subsection (a) with respect to such property shall be suspended during any period that such individual or such individual's spouse is serving on qualified official extended duty as a member of the uniformed services or of the Foreign Service. ``(B) Maximum period of suspension.--The 5-year period described in subsection (a) shall not be extended more than 5 years by reason of subparagraph (A). ``(C) Qualified official extended duty.--For purposes of this paragraph-- ``(i) In general.--The term `qualified official extended duty' means any extended duty while serving at a duty station which is at least 150 miles from such property or while residing under Government orders in Government quarters. ``(ii) Uniformed services.--The term `uniformed services' has the meaning given such term by section 101(a)(5) of title 10, United States Code, as in effect on the date of the enactment of this paragraph. ``(iii) Foreign service.--The term `member of the Foreign Service' has the meaning given the term `member of the Service' by paragraph (1), (2), (3), (4), or (5) of section 103 of the Foreign Service Act of 1980, as in effect on the date of the enactment of this paragraph. ``(iv) Extended duty.--The term `extended duty' means any period of active duty pursuant to a call or order to such duty for a period in excess of 180 days or for an indefinite period. ``(D) Special rules relating to election.-- ``(i) Election limited to 1 property at a time.--An election under subparagraph (A) with respect to any property may not be made if such an election is in effect with respect to any other property. ``(ii) Revocation of election.--An election under subparagraph (A) may be revoked at any time.''. (b) Effective Date; Special Rule.-- (1) Effective date.--The amendment made by this section shall take effect as if included in the amendments made by section 312 of the Taxpayer Relief Act of 1997. (2) Waiver of limitations.--If refund or credit of any overpayment of tax resulting from the amendment made by this section is prevented at any time before the close of the 1-year period beginning on the date of the enactment of this Act by the operation of any law or rule of law (including res judicata), such refund or credit may nevertheless be made or allowed if claim therefor is filed before the close of such period. SEC. 3. RESTORATION OF FULL EXCLUSION FROM GROSS INCOME OF DEATH GRATUITY PAYMENT. (a) In General.--Subsection (b)(3) of section 134 of the Internal Revenue Code of 1986 (relating to certain military benefits) is amended by adding at the end the following new subparagraph: ``(C) Exception for death gratuity adjustments made by law.--Subparagraph (A) shall not apply to any adjustment to the amount of death gratuity payable under chapter 75 of title 10, United States Code, which is pursuant to a provision of law enacted before December 31, 1991.''. (b) Conforming Amendment.--Subparagraph (A) of section 134(b)(3) of such Code is amended by striking ``subparagraph (B)'' and inserting ``subparagraphs (B) and (C)''. (c) Effective Date.--The amendments made by this section shall apply with respect to deaths occurring after September 10, 2001. SEC. 4. EXCLUSION FOR AMOUNTS RECEIVED UNDER DEPARTMENT OF DEFENSE HOMEOWNERS ASSISTANCE PROGRAM. (a) In General.--Section 132(a) of the Internal Revenue Code of 1986 (relating to the exclusion from gross income of certain fringe benefits) is amended by striking ``or'' at the end of paragraph (6), by striking the period at the end of paragraph (7) and inserting ``, or'' and by adding at the end the following new paragraph: ``(8) qualified military base realignment and closure fringe.''. (b) Qualified Military Base Realignment and Closure Fringe.-- Section 132 of such Code is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following new subsection: ``(n) Qualified Military Base Realignment and Closure Fringe.--For purposes of this section, the term `qualified military base realignment and closure fringe' means 1 or more payments under the authority of section 1013 of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3374) to offset the adverse effects on housing values as a result of a military base realignment or closure.''. (c) Effective Date.--The amendments made by this section shall apply to payments made after the date of the enactment of this Act. SEC. 5. EXPANSION OF COMBAT ZONE FILING RULES TO CONTINGENCY OPERATIONS. (a) In General.--Section 7508(a) of the Internal Revenue Code of 1986 (relating to time for performing certain acts postponed by reason of service in combat zone) is amended-- (1) by inserting ``or when deployed outside the United States away from the individual's permanent duty station while participating in an operation designated by the Secretary of Defense as a contingency operation (as defined in section 101(a)(13) of title 10, United States Code) or which became such a contingency operation by operation of law'' after ``section 112'', (2) by inserting in the first sentence ``or at any time during the period of such contingency operation'' after ``for purposes of such section'', (3) by inserting ``or operation'' after ``such an area'', and (4) by inserting ``or operation'' after ``such area''. (b) Conforming Amendments.-- (1) Section 7508(d) of such Code is amended by inserting ``or contingency operation'' after ``area''. (2) The heading for section 7508 of such Code is amended by inserting ``or contingency operation'' after ``combat zone''. (3) The item relating to section 7508 of such Code in the table of sections for chapter 77 is amended by inserting ``or contingency operation'' after ``combat zone''. (c) Effective Date.--The amendments made by this section shall apply to any period for performing an act which has not expired before the date of the enactment of this Act. SEC. 6. MODIFICATION OF MEMBERSHIP REQUIREMENT FOR EXEMPTION FROM TAX FOR CERTAIN VETERANS' ORGANIZATIONS. (a) In General.--Subparagraph (B) of section 501(c)(19) of the Internal Revenue Code of 1986 (relating to list of exempt organizations) is amended by striking ``or widowers'' and inserting ``, widowers, or ancestors or lineal descendants''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 7. CLARIFICATION OF THE TREATMENT OF CERTAIN DEPENDENT CARE ASSISTANCE PROGRAMS. (a) In General.--Section 134(b) of the Internal Revenue Code of 1986 (defining qualified military benefit) is amended by adding at the end the following new paragraph: ``(4) Clarification of certain benefits.--For purposes of paragraph (1), such term includes any dependent care assistance program (as in effect on the date of the enactment of this paragraph) for any individual described in paragraph (1)(A).''. (b) Conforming Amendments.-- (1) Section 134(b)(3)(A) of such Code (as amended by section 3) is further amended by inserting ``and paragraph (4)'' after ``subparagraphs (B) and (C)''. (2) Section 3121(a)(18) of such Code is amended by striking ``or 129'' and inserting ``, 129, or 134(b)(4)''. (3) Section 3306(b)(13) of such Code is amended by striking ``or 129'' and inserting ``, 129, or 134(b)(4)''. (4) Section 3401(a)(18) of such Code is amended by striking ``or 129'' and inserting ``, 129, or 134(b)(4)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001. (d) No Inference.--No inference may be drawn from the amendments made by this section with respect to the tax treatment of any amounts under the program described in section 134(b)(4) of the Internal Revenue Code of 1986 (as added by this section) for any taxable year beginning before January 1, 2002. SEC. 8. PROTECTION OF SOCIAL SECURITY. The amounts transferred to any trust fund under title II of the Social Security Act shall be determined as if this Act had not been enacted. Passed the House of Representatives October 9, 2002. Attest: Clerk. 107th CONGRESS 2d Session H. R. 5557 _______________________________________________________________________ AN ACT To amend the Internal Revenue Code of 1986 to provide a special rule for members of the uniformed services and Foreign Service in determining the exclusion of gain from the sale of a principal residence and to restore the tax exempt status of death gratuity payments to members of the uniformed services, and for other purposes.

Armed Forces Tax Fairness Act of 2002 - (Sec. 2) Amends the Internal Revenue Code (the Code) to suspend, for members of the uniformed services or of the Foreign Service serving on "qualified official extended duty" (any extended duty while serving at a duty station which is at least 150 miles from the principal residence or while residing under Government orders in Government quarters), the five-year period utilized in determining exclusion of gain from the sale of such residence. Limits the extension of such period to not more than five years.(Sec. 3) Restores in full the tax-exempt status of death gratuity payments to members of the armed services.(Sec. 4) Excludes from gross income any fringe benefit qualifying as a "qualified military base realignment and closure fringe."(Sec. 5) Expands the applicability of rules concerning time for the performance of certain acts under the Code (filing, payment, and etc.) which may be postponed because of service in a combat zone to include service away from a service member's permanent duty station while participating in an operation designated by the Secretary of Defense as a contingency operation.(Sec. 6) Permits ancestors and lineal descendants of past or present members of the armed forces to be taken into account in determining whether a veterans' organization is exempt from tax.(Sec. 7) Includes dependent care assistance within the definition of a qualified military benefit which shall be excluded from gross income, thus excluding such assistance from gross income for uniformed service members and former members.(Sec. 8) Exempts distributions from an education individual retirement account from the ten percent additional tax for non-educational use: (1) if made for an account holder at the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, the United States Coast Guard Academy, or the United States Merchant Marine Academy; and (2) to the extent that the distribution does not exceed the costs of advanced education.(Sec. 9) Suspends the tax-exempt status of a designated terrorist organization (as defined by this Act). Denies: (1) deductions for contributions made to such an organization; and (2) administrative or judicial challenge to such suspension or denial. Provides for refund or credit in a case of erroneous designation.(Sec. 10) Provides a business or trade deduction of up to $1,500 for itemizers and non-itemizers for unreimbursed overnight travel, meals, and lodging expenses of National Guard and Reserve members who must travel more than 100 miles from home and stay overnight as part of their official duties.(Sec. 11) Directs the Internal Revenue Service (IRS) to establish user fees for ruling letters, opinion letters, determination letters, and similar requests. Exempts certain pension plan requests. Sets forth average fee determination provisions.(Sec. 12) Authorizes the IRS to enter into partial payment installment agreements with taxpayers.Requires review of such agreements at least every two years.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide a special rule for members of the uniformed services and Foreign Service in determining the exclusion of gain from the sale of a principal residence and to restore the tax exempt status of death gratuity payments to members of the uniformed services, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Zero Tolerance for Veterans Homelessness Act of 2012''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Veterans are at a greater risk of becoming homeless than other people in the United States because of characteristics that include the following: (A) Having employment-related skills that are unique to military service and that can be difficult to transfer to the civilian sector. (B) Combat-related health issues. (C) Earning minimal income or being unemployed. (D) A shortage of safe, affordable housing. (2) The Secretary of Veterans Affairs estimates the following: (A) More than 67,000 veterans are homeless on any given night. (B) About 145,000 veterans experience homelessness each year. (C) Veterans account for nearly \1/5\ of all homeless people in the United States. (3) It is expected that significant increases in services will be needed to serve the aging veterans of the Vietnam War and members of the Armed Forces returning from service in Iraq and Afghanistan. (4) In 2009, the President and the Secretary of Veterans Affairs announced the Federal Government's renewed efforts to address veteran homelessness. SEC. 3. ENHANCEMENT OF COMPREHENSIVE SERVICE PROGRAMS. (a) Enhancement of Grants.--Section 2011 of title 38, United States Code, is amended-- (1) in subsection (b)(1)(A), by striking ``expansion, remodeling, or alteration of existing buildings, or acquisition of facilities,'' and inserting ``new construction of facilities, expansion, remodeling, or alteration of existing facilities, or acquisition of facilities,''; and (2) in subsection (c)-- (A) in the first sentence, by striking ``A grant'' and inserting ``(1) A grant''; (B) in the second sentence of paragraph (1), as designated by subparagraph (A), by striking ``The amount'' and inserting the following: ``(2) The amount''; and (C) by adding at the end the following new paragraph: ``(3)(A) The Secretary may not deny an application from an entity that seeks a grant under this section to carry out a project described in subsection (b)(1)(A) solely on the basis that the entity proposes to use funding from other private or public sources, if the entity demonstrates that a private nonprofit organization will provide oversight and site control for the project. ``(B) In this paragraph, the term `private nonprofit organization' means the following: ``(i) An incorporated private institution, organization, or foundation-- ``(I) that has received, or has temporary clearance to receive, tax-exempt status under paragraph (2), (3), or (19) of section 501(c) of the Internal Revenue Code of 1986; ``(II) for which no part of the net earnings of the institution, organization, or foundation inures to the benefit of any member, founder, or contributor of the institution, organization, or foundation; and ``(III) that the Secretary determines is financially responsible. ``(ii) A for-profit limited partnership or limited liability company, the sole general partner or manager of which is an organization that is described by subclauses (I) through (III) of clause (i). ``(iii) A corporation wholly owned and controlled by an organization that is described by subclauses (I) through (III) of clause (i).''. (b) Grant and Per Diem Payments.-- (1) Study and development of fiscal controls and payment method.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall-- (A) complete a study of all matters relating to the method used by the Secretary to make per diem payments under section 2012(a) of title 38, United States Code, including changes anticipated by the Secretary in the cost of furnishing services to homeless veterans and accounting for costs of providing such services in various geographic areas; (B) develop more effective and efficient procedures for fiscal control and fund accounting by recipients of grants under sections 2011, 2012, and 2061 of such title; and (C) develop a more effective and efficient method for adequately reimbursing recipients of grants under section 2011 of such title for services furnished to homeless veterans. (2) Consideration.--In developing the method required by paragraph (1)(C), the Secretary may consider payments and grants received by recipients of grants described in such paragraph from other departments and agencies of Federal and local governments and from private entities. (3) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on-- (A) the findings of the Secretary with respect to the study required by subparagraph (A) of paragraph (1); (B) the methods developed under subparagraphs (B) and (C) of such paragraph; and (C) any recommendations of the Secretary for revising the method described in subparagraph (A) of such paragraph and any legislative action the Secretary considers necessary to implement such method. SEC. 4. SPECIAL ASSISTANT FOR VETERANS AFFAIRS IN OFFICE OF SECRETARY OF HOUSING AND URBAN DEVELOPMENT. Section 4 of the Department of Housing and Urban Development Act (42 U.S.C. 3533) is amended by adding at the end the following new subsection: ``(h) Special Assistant for Veterans Affairs.-- ``(1) Establishment.--There shall be in the Department a Special Assistant for Veterans Affairs, who shall be in the Office of the Secretary. ``(2) Appointment.--The Special Assistant for Veterans Affairs shall be appointed by the Secretary, based solely on merit and shall be covered under the provisions of title 5, United States Code, governing appointments in the competitive service. ``(3) Responsibilities.--The Special Assistant for Veterans Affairs shall be responsible for-- ``(A) ensuring that veterans have access to housing and homeless assistance under each program of the Department providing such assistance; ``(B) coordinating all programs and activities of the Department relating to veterans; ``(C) serving as a liaison for the Department with the Department of Veterans Affairs; and ``(D) carrying out such other duties as may be assigned to the Special Assistant by the Secretary or by law.''. SEC. 5. PLAN TO END VETERAN HOMELESSNESS. (a) In General.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a comprehensive plan to end homelessness among veterans. (b) Elements.--The plan required by subsection (a) shall include the following: (1) An analysis of programs of the Department of Veterans Affairs and other departments and agencies of the Federal Government that are designed to prevent homelessness among veterans and assist veterans who are homeless. (2) An evaluation of whether and how coordination between the programs described in paragraph (1) would contribute to ending homelessness among veterans. (3) Recommendations for improving the programs described in paragraph (1), enhancing coordination between such programs, or eliminating programs that are no longer effective. (4) Recommendations for new programs to prevent and end homelessness among veterans, including an estimation of the cost of such programs. (5) A timeline for implementing the plan, including milestones to track the implementation of the plan. (6) Benchmarks to measure the effectiveness of the plan and the efforts of the Secretary to implement the plan. (7) Such other matters as the Secretary considers necessary. (c) Consideration of Veterans Located in Rural Areas.--The analysis, evaluation, and recommendations included in the report required by subsection (a) shall include consideration of the circumstances and requirements that are unique to veterans located in rural areas.

Zero Tolerance for Veterans Homelessness Act of 2012 - Allows grants made by the Secretary of Veterans Affairs (VA) for homeless veterans' comprehensive services programs (outreach, rehabilitation, vocational counseling, and transitional housing assistance) to be used for the construction of new facilities. Prohibits the Secretary from denying applications for such grants solely on the basis that the grant entity proposes to use funding from other private or public sources, as long as such entity demonstrates that a private nonprofit organization will provide project oversight and site control. Requires the Secretary to: (1) study matters relating to the method used to make per diem payments to grant recipients, (2) develop more effective and efficient procedures for fiscal control and fund accounting by grant recipients, and (3) develop a more effective and efficient method for adequately reimbursing grant recipients for services furnished to homeless veterans. Amends the Department of Housing and Urban Development Act to establish in the Department of Housing and Development (HUD) a Special Assistant for Veterans Affairs. Directs the Secretary to submit to Congress a comprehensive plan to end homelessness among veterans. Requires the plan to include consideration of the circumstances and requirements unique to veterans located in rural areas.

{"src": "billsum_train", "title": "A bill to amend title 38, United States Code, and the United States Housing Act of 1937 to enhance and expand the assistance provided by the Department of Veterans Affairs and the Department of Housing and Urban Development to homeless veterans and veterans at risk of homelessness, and for other purposes."}

SECTION 1. PURPOSES. Section 4301(a)(2) of title 38, United States Code, is amended by striking ``under honorable conditions''. SEC. 2. DEFINITIONS. Section 4303 of title 38, United States Code, is amended-- (1) in paragraph (2), by striking ``work performed'' and inserting ``work not performed''; and (2) in paragraph (16), by inserting ``national'' before ``emergency''. SEC. 3. DISCRIMINATION AGAINST PERSONS WHO SERVE IN THE UNIFORMED SERVICES AND ACTS OF REPRISAL PROHIBITED. Section 4311 of title 38, United States Code, is amended by striking subsections (b) and (c) and inserting the following: ``(b) An employer may not discriminate in employment against or take any adverse employment action against any person because such person (1) has taken an action to enforce a protection afforded any person under this chapter, (2) has testified or otherwise made a statement in or in connection with any proceeding under this chapter, (3) has assisted or otherwise participated in an investigation under this chapter, or (4) has exercised a right provided for in this chapter. The prohibition in this subsection shall apply with respect to a person regardless of whether that person has performed service in the uniformed services. ``(c) An employer shall be considered to have engaged in actions prohibited-- ``(1) under subsection (a), if the person's membership, application for membership, service, application for service, or obligation for service in the uniformed services is a motivating factor in the employer's action, unless the employer can prove that the action would have been taken in the absence of such membership, application for membership, service, application for service, or obligation for service; or ``(2) under subsection (b), if the person's (A) action to enforce a protection afforded any person under this chapter, (B) testimony or making of a statement in or in connection with any proceeding under this chapter, (C) assistance or other participation in an investigation under this chapter, or (D) exercise of a right provided for in this chapter, is a motivating factor in the employer's action, unless the employer can prove that the action would have been taken in the absence of such person's enforcement action, testimony, statement, assistance, participation, or exercise of a right. ``(d) The prohibitions in subsections (a) and (b) shall apply to any position of employment, including a position that is described in section 4312(d)(1)(C).''. SEC. 4. REEMPLOYMENT RIGHTS OF PERSONS WHO SERVE IN THE UNIFORMED SERVICES. (a) Inclusion of Preparation and Travel Time Prior to Service.-- Section 4312(a) of title 38, United States Code, is amended by striking ``who is absent from a position of employment'' and inserting ``whose absence from a position of employment is necessitated''. (b) Limitation on Service Exemption to War or National Emergency.-- Section 4312(c)(4)(B) of such title is amended to read as follows: ``(B) ordered to or retained on active duty (other than for training) under any provision of law because of a war or because of a national emergency declared by the President or the Congress as determined by the Secretary concerned;''. (c) Brief, Nonrecurrent Periods of Service.--Section 4312(d)(2)(C) of such title is amended by striking ``is brief or for a nonrecurrent period and without a reasonable expectation'' and inserting ``is for a brief, nonrecurrent period and there is no reasonable expectation''. (d) Conforming Amendments to Redes- ignations in Title 10.--Section 4312(c) of such title is amended-- (1) in paragraph (3), by striking ``section 270'' and inserting ``section 10147''; and (2) in paragraph (4)-- (A) by striking ``section 672(a), 672(g), 673, 673b, 673c, or 688'' in subparagraph (A) and inserting ``section 688, 12301(a), 12301(g), 12302, 12304, or 12305''; (B) by striking ``section 673b'' in subparagraph (C) and inserting ``section 12304''; and (C) by striking ``section 3500 or 8500'' in subparagraph (E) and inserting ``section 12406''. SEC. 5. REEMPLOYMENT POSITIONS. Section 4313(a)(4) of title 38, United States Code, is amended-- (1) by striking ``uniform services'' in clause (A)(ii) and inserting ``uniformed services''; and (2) by striking ``of lesser status and pay which'' and inserting ``which is the nearest approximation to a position referred to first in clause (A)(i) and then in clause (A)(ii) which''. SEC. 6. HEALTH PLANS. Section 4317(a) of title 38, United States Code, is amended-- (1) by striking ``(a)(1)(A) Subject to paragraphs (2) and (3), in'' and inserting ``(a)(1) In''; (2) by redesignating clauses (i) and (ii) of paragraph (1) (as amended by paragraph (1) of this section) as subparagraphs (A) and (B), respectively; (3) by redesignating subparagraph (B) as paragraph (2); and (4) by redesignating subparagraph (C) as paragraph (3), and in that paragraph by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), and by redesignating subclauses (I) and (II) as clauses (i) and (ii), respectively. SEC. 7. EMPLOYEE PENSION BENEFIT PLANS. The last sentence of section 4318(b)(2) of title 38, United States Code, is amended by striking ``services,'' and inserting ``services, such payment period''. SEC. 8. ENFORCEMENT OF EMPLOYMENT OR REEMPLOYMENT RIGHTS. (a) Technical Amendment.--The second sentence of section 4322(d) of title 38, United States Code, is amended by inserting ``attempt to'' before ``resolve''. (b) Notification.--Section 4322(e) of such title is amended-- (1) in the matter preceding paragraph (1), by striking ``with respect to a complaint under subsection (d) are unsuccessful,'' and inserting ``with respect to any complaint filed under subsection (a) do not resolve the complaint,''; and (2) in paragraph (2), by inserting ``or the Office of Personnel Management'' after ``Federal executive agency''. SEC. 9. ENFORCEMENT OF RIGHTS WITH RESPECT TO A STATE OR PRIVATE EMPLOYER. Section 4323(a) of title 38, United States Code, is amended-- (1) in paragraph (1), by striking ``of an unsuccessful effort to resolve a complaint''; and (2) in paragraph (2)(A), by striking ``regarding the complaint under section 4322(c)'' and inserting ``under section 4322(a)''. SEC. 10. ENFORCEMENT OF RIGHTS WITH RESPECT TO FEDERAL EXECUTIVE AGENCIES. (a) Referral.--Section 4324(a)(1) of title 38, United States Code, is amended by striking ``of an unsuccessful effort to resolve a complaint relating to a Federal executive agency''. (b) Alternative Submission of Complaint.--Section 4324(b) of such title is amended-- (1) in the matter preceding paragraph (1), by inserting ``or the Office of Personnel Management'' after ``Federal executive agency''; and (2) in paragraph (1), by striking ``regarding a complaint under section 4322(c)'' and inserting ``under section 4322(a)''. (c) Relief.--Section 4324(c)(2) of such title is amended-- (1) by inserting ``or the Office of Personnel Management'' after ``Federal executive agency''; and (2) by striking ``employee'' and inserting ``Office''. SEC. 11. ENFORCEMENT OF RIGHTS WITH RESPECT TO CERTAIN FEDERAL AGENCIES. Section 4325(d)(1) of title 38, United States Code, is amended-- (1) by striking ``, alternative employment in the Federal Government under this chapter,''; and (2) by striking ``employee'' the last place it appears and inserting ``employees''. SEC. 12. CONDUCT OF INVESTIGATION; SUBPOENAS. Section 4326(a) of title 38, United States Code, is amended by inserting ``have reasonable access to and the right to interview persons with information relevant to the investigation and shall'' after ``at all reasonable times,''. SEC. 13. TRANSITION RULES AND EFFECTIVE DATES. (a) Reemployment.--Section 8(a) of the Uniformed Services Employment and Reemployment Rights Act of 1994 (38 U.S.C. 4301 note) is amended-- (1) in paragraph (3), by adding at the end thereof the following: ``Any service begun up to 60 days after the date of enactment of this Act, which is served up to 60 days after the date of enactment of this Act pursuant to orders issued under section 502(f) of chapter 5 of title 32, United States Code, shall be considered under chapter 43 of title 38, United States Code, as in effect on the day before such date of enactment. Any service pursuant to orders issued under section 502(f) of chapter 5 of title 32, United States Code, served after 60 days after the date of enactment of this Act, regardless of when begun, shall be considered under the amendments made by this Act.''; and (2) in paragraph (4), by striking ``such period'' and inserting ``such 60-day period''. (b) Insurance.--Section 8(c)(2) of such Act is amended by striking ``person on active duty'' and inserting ``person serving a period of service in the uniformed services''. SEC. 14. EFFECTIVE DATES. (a) In General.--Except as provided in subsection (b), the amendments made by this Act shall take effect as of October 13, 1994. (b) Reorganized Title 10 References.--The amendments made by section 4(d) shall take effect as of December 1, 1994.

Removes the requirement that individuals performing temporary military service be discharged from such service under honorable conditions in order to be eligible for certain reemployment rights in the positions interrupted by such service. States that an employer shall be considered to have engaged in prohibited discrimination against an employee if the person's action in enforcing a protection, testimony or statement, assistance or other participation in an investigation, or other exercise of a right is a motivating factor in the employer's action, unless the employer can prove that the employer's action would have been taken in the absence of such person's action. Allows individuals to bring complaints concerning reemployment rights and prohibited actions against the Office of Personnel Management (currently, against Federal executive agencies). Repeals a provision that such reemployment rights shall not be construed to prohibit a person from seeking alternative employment in the Federal Government. Empowers the Secretary of Labor's authorized representative with reasonable access to, and the right to interview, persons with information relevant to the investigation. Amends the Uniformed Services Employment and Reemployment Rights Act of 1994 to remove the requirement that a person must have served on active duty in order to be eligible for the continuation of employer-provided insurance.

{"src": "billsum_train", "title": "To amend title 38, United States Code, to make clarifying and technical amendments to further clarify the employment and reemployment rights and responsibilities of members of the uniformed services, as well as those of the employer community, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Militarizing Law Enforcement Act''. SEC. 2. ADDITIONAL LIMITATIONS ON TRANSFER OF DEPARTMENT OF DEFENSE PERSONAL PROPERTY TO FEDERAL AND STATE LAW ENFORCEMENT AGENCIES. (a) Additional Limitations.-- (1) In general.--Section 2576a of title 10, United States Code, is amended-- (A) in subsection (a)-- (i) in paragraph (1)-- (I) in the matter preceding subparagraph (A), by striking ``subsection (b)'' and inserting ``the provisions of this section''; and (II) in subparagraph (A), by striking ``, including counter-drug and counterterrorism activities''; and (ii) in paragraph (2), by striking ``and the Director of National Drug Control Policy''; (B) in subsection (b)-- (i) in paragraph (3), by striking ``and'' at the end; (ii) in paragraph (4), by striking the period and inserting a semicolon; and (iii) by adding at the end the following new paragraphs: ``(5) the recipient certifies to the Department of Defense that it has the personnel and technical capacity, including training, to operate the property; and ``(6) the recipient certifies to the Department of Defense that if the recipient determines that the property is surplus to the needs of the recipient, the recipient will return the property to the Department of Defense.''; (C) by striking subsection (d); and (D) by adding at the end the following new subsections: ``(d) Limitations on Transfers.--The Secretary of Defense may not transfer under this section any property as follows: ``(1) Weapons, weapon parts, and weapon components, including camouflage and deception equipment, and optical sights. ``(2) Weapon system specific vehicular accessories. ``(3) Demolition materials. ``(4) Explosive ordinance. ``(5) Night vision equipment. ``(6) Tactical clothing, including uniform clothing and footwear items, special purpose clothing items, and specialized flight clothing and accessories. ``(7) Drones. ``(8) Combat, assault, and tactical vehicles, including Mine-Resistant Ambush Protected (MRAP) vehicles. ``(9) Training aids and devices. ``(e) Approval by Law Required for Transfer of Property Not Previously Transferrable.--(1) In the event the Secretary of Defense proposes to make available for transfer under this section any property of the Department of Defense not previously made available for transfer under this section, the Secretary shall submit to the appropriate committees of Congress a report setting forth the following: ``(A) A description of the property proposed to be made available for transfer. ``(B) A description of the conditions, if any, to be imposed on use of the property after transfer. ``(C) A certification that transfer of the property would not violate a provision of this section or any other provision of law. ``(2) The Secretary may not transfer any property covered by a report under this subsection unless authorized by a law enacted by Congress after the date of the receipt of the report by Congress. ``(f) Annual Certification Accounting for Transferred Property.-- (1) The Secretary of Defense shall submit to the appropriate committees of Congress each year a certification in writing that each recipient to which the Secretary has transferred property under this section during the preceding fiscal year-- ``(A) has provided to the Secretary documentation accounting for all property the Secretary has previously transferred to such recipient under this section; and ``(B) has complied with paragraphs (5) and (6) of subsection (b) with respect to the property so transferred during such fiscal year. ``(2) If the Secretary cannot provide a certification under paragraph (1) for a recipient, the Secretary may not transfer additional property to such recipient under this section, effective as of the date on which the Secretary would otherwise make the certification under this subsection, and such recipient shall be suspended or terminated from further receipt of property under this section. ``(g) Conditions for Extension of Program.--Notwithstanding any other provision of law, amounts authorized to be appropriated or otherwise made available for any fiscal year may not be obligated or expended to carry out this section unless the Secretary submits to the appropriate committees of Congress a certification that for the preceding fiscal year that-- ``(1) each recipient agency that has received property under this section has-- ``(A) demonstrated 100 percent accountability for all such property, in accordance with paragraph (2) or (3), as applicable; or ``(B) been suspended or terminated from the program pursuant to paragraph (4); ``(2) with respect to each non-Federal agency that has received property under this section, the State Coordinator responsible for each such agency has verified that the State Coordinator or an agent of the State Coordinator has conducted an in-person inventory of the property transferred to the agency and that 100 percent of such property was accounted for during the inventory or that the agency has been suspended or terminated from the program pursuant to paragraph (4); ``(3) with respect to each Federal agency that has received property under this section, the Secretary of Defense or an agent of the Secretary has conducted an in-person inventory of the property transferred to the agency and that 100 percent of such property was accounted for during the inventory or that the agency has been suspended or terminated from the program pursuant to paragraph (4); ``(4) the eligibility of any agency that has received property under this section for which 100 percent of the equipment was not accounted for during an inventory described in paragraph (2) or (3), as applicable, to receive property transferred under this section has been suspended or terminated; and ``(5) each State Coordinator has certified, for each non- Federal agency located in the State for which the State Coordinator is responsible that-- ``(A) the agency has complied with all requirements under this section; or ``(B) the eligibility of the agency to receive property transferred under this section has been suspended or terminated; and ``(6) the Secretary of Defense has certified, for each Federal agency that has received property under this section that-- ``(A) the agency has complied with all requirements under this section; or ``(B) the eligibility of the agency to receive property transferred under this section has been suspended or terminated. ``(h) Website.--The Defense Logistics Agency shall maintain, and update on a quarterly basis, an Internet website on which the following information shall be made publicly available in a searchable format: ``(1) A description of each transfer made under this section, including transfers made before the date of the enactment of the Stop Militarizing Law Enforcement Act, set forth by State, county, and recipient agency, and including item name, item type, item model, and quantity. ``(2) A list of all property transferred under this section that is not accounted for by the Defense Logistics Agency, including-- ``(A) the name of the State, county, and recipient agency; ``(B) the item name, item type, and item model; ``(C) the date on which such property became unaccounted for by the Defense Logistics Agency; and ``(D) the current status of such item. ``(3) A list of each agency suspended or terminated from further receipt of property under this section, including State, county, and agency, and the reason for and duration of such suspension or termination. ``(i) Definitions.--In this section: ``(1) The term `appropriate committees of Congress' means-- ``(A) the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and ``(B) the Committee on Armed Services and the Committee on Oversight and Government Reform of the House of Representatives. ``(2) The term `agent of a State Coordinator' means any individual to whom a State Coordinator formally delegates responsibilities for the duties of the State Coordinator to conduct inventories described in subsection (g)(2). ``(3) The term `State Coordinator', with respect to a State, means the individual appointed by the governor of the State to maintain property accountability records and oversee property use by the State.''. (2) Effective date.--The amendments made by this subsection shall take effect on the date of the enactment of this Act. (b) Return of Property to Department of Defense.--Not later than one year after the date of the enactment of this Act, each Federal or State agency to which property described by subsection (d) of section 2576a of title 10, United States Code (as added by subsection (a)(1) of this section), was transferred before the date of the enactment of this Act shall return such property to the Defense Logistics Agency on behalf of the Department of Defense. SEC. 3. USE OF DEPARTMENT OF HOMELAND SECURITY PREPAREDNESS GRANT FUNDS. (a) Definitions.--In this section-- (1) the term ``Agency'' means the Federal Emergency Management Agency; and (2) the term ``preparedness grant program'' includes-- (A) the Urban Area Security Initiative authorized under section 2003 of the Homeland Security Act of 2002 (6 U.S.C. 604); (B) the State Homeland Security Grant Program authorized under section 2004 of the Homeland Security Act of 2002 (6 U.S.C. 605); (C) the Port Security Grant Program authorized under section 70107 of title 46, United States Code; and (D) any other non-disaster preparedness grant program of the Agency. (b) Limitation.--The Agency may not permit awards under a preparedness grant program-- (1) to be used to buy, maintain, or alter-- (A) tactical law enforcement protective equipment, including-- (i) ballistic helmets; (ii) ballistic shields; (iii) battle dress uniforms, coveralls, and jumpsuits worn during tactical operations, boots, or other specialized tactical clothing or footwear; and (iv) tactical protective padding; (B) explosive entry equipment; (C) portable or transportable explosive magazines; (D) head and face protection equipment, other than those to be used by certified bomb technicians; (E) robot and remotely piloted vehicles, including upgrades, attachments or tools for robots and remotely piloted vehicles; (F) canines (other than bomb-sniffing canines for agencies with certified bomb technicians); (G) tactical or armored vehicles; (H) law enforcement surveillance equipment; (I) long range hailing and warning devices; or (J) tactical entry equipment; or (2) to be used for, or to deploy or obtain training in the use or deployment of-- (A) robots and remotely piloted vehicles; (B) canines (other than bomb-sniffing canines for agencies with certified bomb technicians); (C) explosive entry equipment; (D) law enforcement surveillance equipment; or (E) tactical operations. (c) Review of Prior Receipt of Property Before Award.--In making an award under a preparedness grant program, the Agency shall-- (1) determine whether the awardee has already received, and still retains, property from the Department of Defense pursuant to section 2576a of title 10, United States Code, including through review of the website maintained by the Defense Logistics Agency pursuant to subsection (h) of such section (as added by section 2(a)(1) of this Act); and (2) require that the award may not be used by the awardee to procure or obtain property determined to be retained by the awardee pursuant to paragraph (1). (d) Use of Grant Program Funds for Required Return of Property to DoD.--Notwithstanding any other provision of law, the use of funds by a State or local agency to return to the Department of Defense property transferred to such State or local agency pursuant to section 2676a of title 10, United States Code, as such return is required by section 2(b) of this Act, shall be an allowable use of preparedness grant program funds by such agency. SEC. 4. USE OF EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FUNDS. (a) Limitation.--Section 501(d) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3751(d)) is amended by adding at the end the following: ``(3) The purchase, maintenance, alteration, or operation of-- ``(A) lethal weapons; or ``(B) less-lethal weapons.''. (b) Use of Grant Funds for Required Return of Property to DoD.-- Notwithstanding any other provision of law, the use of funds by a State agency or unit of local government to return to the Department of Defense property transferred to such agency or unit of local government pursuant to section 2676a of title 10, United States Code, as such return is required by section 2(b) of this Act, shall be an allowable use of grant amounts under the Edward Byrne Memorial Justice Assistance Grant Program.

Stop Militarizing Law Enforcement Act - Revises the authority the Secretary of Defense (DOD) to transfer excess DOD property, including small arms and ammunition, to federal and state agencies for law enforcement activities to: repeal provisions authorizing the transfer of property the Secretary determines is suitable for use in counter-drug and counter-terrorism activities; repeal provisions directing the Secretary to carry out such transfers in consultation with the Director of National Drug Control Policy; condition such a transfer on the recipient certifying that it has the personnel and technical capacity to operate the property and will return property determined to be surplus to its needs; prohibit the transfer of specified weapons, materials, and equipment, including explosive ordnance, drones, and assault vehicles; and condition continuation of such program on the Secretary certifying that, for the prior fiscal year, recipients demonstrated 100% accountability for transferred property and complied with program requirements or were suspended or terminated from the program. Requires the Secretary to: (1) report to Congress and obtain prior approval by law before transferring any DOD property not previously made available for transfer; and (2) submit an annual written certification that a recipient has accounted for, and met transfer conditions for, any such transferred property. Requires the Defense Logistics Agency to maintain an Internet website on such transfers, unaccounted-for property, and suspended or terminated recipients. Prohibits the Federal Emergency Management Agency (FEMA) from permitting awards under a preparedness grant program to be used to buy, maintain, alter, deploy, or provide training in the use of specified tactical, surveillance, or explosives equipment, vehicles, or canines. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to prohibit the use of Edward Byrne Memorial Justice Assistance Grant funds for the purchase, maintenance, alteration, or operation of lethal weapons or less-lethal weapons.

{"src": "billsum_train", "title": "Stop Militarizing Law Enforcement Act"}

SECTION 1. SHORT TITLE. This Act may be cited as-- (1) the ``Better Agriculture Resources Now Act''; or (2) the ``BARN Act''. SEC. 2. H-2A PROGRAM REFORMS. (a) Definition of Agricultural Labor or Services.--Section 101(a)(15)(H)(ii)(a) of such Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) is amended-- (1) by striking ``and the pressing'' and inserting ``the pressing''; and (2) by striking ``of a temporary'' and all that follows through the end and inserting ``, and the handling, planting, drying, packing, packaging, processing, freezing, grading, storing, or delivering to storage or to market or to a carrier for transportation to market, in its unmanufactured state, any agricultural or horticultural commodity, or''. (b) Deemed Approval.--Section 218(c)(3)(A) of such Act (8 U.S.C. 1188(c)(3)(A)) is amended by inserting before ``In considering'' the following: ``The Secretary of Labor shall review such application and shall provide a determination on the application within 30 days of the date of the filing of the application. If the Secretary does not comply with the deadline in the preceding sentence, the application shall be deemed approved.''. (c) Experience Requirement.--Section 218(c)(3)(A) of such Act (8 U.S.C. 1188(c)(3)(A)), as amended by subsection (b), is further amended by adding at the end the following: ``A job offer may contain an experience requirement as long as work performed in an illegal status may not be counted towards such requirement.''. (d) Elimination of 50 Percent Rule.--Section 218(c)(3) of such Act (8 U.S.C. 1188(c)(3)) is amended-- (1) by striking ``(A)''; and (2) by striking subparagraph (B). (e) Wage Rate.--Section 218(a)(1)(B) of such Act (8 U.S.C. 1188(a)(1)(B)) is amended by striking the period at the end and inserting ``, except that no employer shall be required to pay a wage rate greater than 115 percent of the greatest of the Federal, State, and local minimum wage rates.''. (f) Deadline for Filing Applications.--Section 218(c)(1) of such Act (8 U.S.C. 1188(c)(1)) is amended by striking ``45'' and inserting ``30''. (g) Period of Authorized Nonimmigrant Status.--Section 218(h) of such Act (8 U.S.C. 1188(h)) is amended by adding at the end the following: ``(3) The initial period of authorized status as a nonimmigrant described in section 101(a)(15)(H)(ii)(a) shall not exceed 1 year. Such period may be extended once by the Secretary of Homeland Security for a period of up to 1 year, except that such extension may be granted only if the Secretary of Labor determines that the employer has engaged in the positive recruitment efforts described in subsection (b)(4) (including the obligation to circulate the employer's job offer through the interstate employment service system). In the case of a nonimmigrant who has remained in the United States for the full 2-year period, the nonimmigrant shall be obliged to depart the United States and shall not be eligible to re-apply for a visa to re-enter the United States as such a nonimmigrant for a period of 2 months. If at any time during a period of authorized admission the alien has a work lapse period of 60 days or more, the visa of the alien shall be deemed revoked and the alien shall be required to depart from the United States, except that if an employer has applied for a certification under subsection (a)(1) with respect to an alien who has a work lapse of 60 days or less, such period shall not begin until after the Secretary has made a determination on the application consistent with subsection (c).''. (h) Housing.--Section 218(c)(4) of such Act (8 U.S.C. 1188(c)(4)) is amended to read as follows: ``(4) Housing requirement.-- ``(A) In general.--Except as provided under subparagraph (F), each employer applying for workers under subsection (b) shall offer to provide housing at no cost to-- ``(i) all workers in job opportunities for which the employer has applied; and ``(ii) all other workers in the same occupation at the same place of employment whose place of residence is beyond normal commuting distance. ``(B) Compliance.--An employer meets the requirement under subparagraph (A) if the employer-- ``(i) provides the workers with housing that meets applicable Federal standards for temporary labor camps; or ``(ii) secures housing for the workers that-- ``(I) meets applicable local standards for rental or public accommodation housing, or other substantially similar class of habitation; or ``(II) in the absence of applicable local standards, meets State standards for rental or public accommodation housing or other substantially similar class of habitation. ``(C) Inspection.-- ``(i) Request.--At the time an employer that plans to provide housing described in subparagraph (B) to H-2A workers files an application for H-2A workers with the Secretary of Labor, the employer shall request a certificate of inspection by an approved Federal or State agency. ``(ii) Inspection; follow up.--Not later than 28 days after the receipt of a request under clause (i), the Secretary of Agriculture shall ensure that-- ``(I) such an inspection has been conducted; and ``(II) any necessary follow up has been scheduled to ensure compliance with the requirements under this paragraph. ``(iii) Delay prohibited.--The Secretary of Agriculture may not delay the approval of an application for failing to comply with the deadlines set forth in clause (iii). ``(D) Rulemaking.--The Secretary of Agriculture shall issue regulations that address the specific requirements for the provision of housing to workers engaged in the range production of livestock. ``(E) Housing allowance.-- ``(i) Authority.--If the Governor of a State certifies to the Secretary of Agriculture that there is adequate housing available in the area of intended employment for migrant farm workers and H-2A workers who are seeking temporary housing while employed in agricultural work, an employer in such State may provide a reasonable housing allowance instead of offering housing pursuant to subparagraph (A). An employer who provides a housing allowance to a worker shall not be required to reserve housing accommodations for the worker. ``(ii) Assistance in locating housing.-- Upon the request of a worker seeking assistance in locating housing, an employer providing a housing allowance under clause (i) shall make a good faith effort to assist the worker in identifying and locating housing in the area of intended employment. ``(iii) Limitation.--A housing allowance may not be used for housing that is owned or controlled by the employer. An employer who offers a housing allowance to a worker, or assists a worker in locating housing which the worker occupies under this subparagraph shall not be deemed a housing provider under section 203 of the Migrant and Seasonal Agricultural Worker Protect Act (29 U.S.C. 1823) solely by virtue of providing such housing allowance. ``(iv) Other requirements.-- ``(I) Nonmetropolitan county.--If the place of employment of the workers provided an allowance under this subparagraph is a nonmetropolitan county, the amount of the housing allowance under this subparagraph shall be equal to the statewide average fair market rental for existing housing for nonmetropolitan counties for the State, as established by the Secretary of Housing and Urban Development pursuant to section 8(c) of the United States Housing Act of 1937 (42 U.S.C. 1437f(c)), based on a 2-bedroom dwelling unit and an assumption of 2 persons per bedroom. ``(II) Metropolitan county.--If the place of employment of the workers provided an allowance under this subparagraph is in a metropolitan county, the amount of the housing allowance under this subparagraph shall be equal to the statewide average fair market rental for existing housing for metropolitan counties for the State, as established by the Secretary of Housing and Urban Development pursuant to section 8(c) of the United States Housing Act of 1937 (42 U.S.C. 1437f(c)), based on a 2-bedroom dwelling unit and an assumption of 2 persons per bedroom. ``(v) Information.--If the employer provides a housing allowance to H-2A employees, the employer shall provide a list of the names and local addresses of such workers to the Secretary of Agriculture and the Secretary of Homeland Security once per contract period.''. (i) Legal Assistance From the Legal Services Corporation.--Section 218(h) of such Act (8 U.S.C. 1188(h)), as amended by subsection (g), is further amended by adding at the end the following: ``(4)(A) The Legal Services Corporation may not provide legal assistance for, or on behalf of, any alien, and may not provide financial assistance to any person or entity that provides legal assistance for, or on behalf of, any alien, unless-- ``(i) the alien is present in the United States at the time the legal assistance is provided; and ``(ii) the parties to the dispute have attempted, in good faith, mediation or other non-binding dispute resolution of all issues involving all such parties. ``(B) If an employer and a nonimmigrant having status under section 101(a)(15)(H)(ii)(a) have an arbitration arrangement, the Legal Services Corporation shall respect the arbitration process and outcome. ``(C) No employer of a nonimmigrant having status under section 101(a)(15)(H)(ii)(a) shall be required to permit any recipient of a grant or contract under section 1007 of the Legal Services Corporation Act (42 U.S.C. 2996f), or any employee of such a recipient, to enter upon the employer's property, unless such recipient or employee has a pre-arranged appointment with a specific nonimmigrant having such status.''. (j) Effect of Violations While in United States.--Section 218(f) of such Act (8 U.S.C. 1188(f)) is amended to read as follows: ``(f) Effect of Violations.-- ``(1) Overstays.--An alien may not be admitted to the United States as a nonimmigrant having status under section 101(a)(15)(H)(ii)(a) if the alien was admitted to the United States as such a nonimmigrant within the previous 5-year period and the alien remained after the alien's period of authorized admission expired or otherwise violated a term or condition of such previous admission. ``(2) Fraud.--An alien may not be admitted to the United States as a nonimmigrant having status under section 101(a)(15)(H)(ii)(a) if the alien was admitted to the United States as such a nonimmigrant on the basis of fraud. ``(3) Other crimes.--An alien may not be admitted to the United States as a nonimmigrant having status under section 101(a)(15)(H)(ii)(a) if the alien was admitted to the United States as such a nonimmigrant and committed an offense that rendered the alien deportable while in the United States pursuant to such admission. ``(4) Employer bar.--The Secretary of Labor may not issue a certification under subsection (a) with respect to an employer if the Secretary finds, after notice and an opportunity for a hearing, that the employer knowingly hired an H-2A worker whose period of authorized admission had expired or that the employer otherwise engaged in fraud or misrepresentation with respect to the program for the admission of such workers into the United States. The Secretary of Homeland Security shall not thereafter approve petitions filed by such employer under section 214(c). An employer that establishes that it has complied in good faith with the requirements of this Act has established an affirmative defense in an action brought under this paragraph.''.

Better Agriculture Resources Now Act or the BARN Act - Revises the H-2A nonimmigrant agricultural worker visa program, including provisions regarding: (1) agricultural labor and services, (2) application requirements, (3) wages, (4) period of authorized nonimmigrant status, (5) housing, (6) legal assistance, and (7) violations.

{"src": "billsum_train", "title": "To reform the H-2A program for nonimmigrant agricultural workers, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Education Achievement Program Reauthorization Act of 2007''. SEC. 2. SMALL, RURAL SCHOOL ACHIEVEMENT PROGRAM. Sections 6211 and 6212 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7345, 7345a) are amended to read as follows: ``SEC. 6211. USE OF APPLICABLE FUNDING. ``(a) Alternative Uses.-- ``(1) In general.--Notwithstanding any other provision of law, an eligible local educational agency may use the applicable funding that the agency is eligible to receive from the State educational agency for a fiscal year to carry out local activities authorized under any of the following provisions: ``(A) Part A of title I. ``(B) Part A or D of title II. ``(C) Title III. ``(D) Part A or B of title IV. ``(E) Part A of title V. ``(2) Notification.--An eligible local educational agency shall notify the State educational agency of the local educational agency's intention to use the applicable funding in accordance with paragraph (1), by a date that is established by the State educational agency for the notification. ``(b) Eligibility.-- ``(1) In general.--A local educational agency shall be eligible to use the applicable funding in accordance with subsection (a) if-- ``(A)(i)(I) the total number of students in average daily attendance at all of the schools served by the local educational agency is fewer than 600; or ``(II) each county in which a school served by the local educational agency is located has a total population density of fewer than 10 persons per square mile; and ``(ii) all of the schools served by the local educational agency are designated with a school locale code of Fringe Rural, Distant Rural, or Remote Rural, as determined by the Secretary; or ``(B) the agency meets the criteria established in subparagraph (A)(i) and the Secretary, in accordance with paragraph (2), grants the local educational agency's request to waive the criteria described in subparagraph (A)(ii). ``(2) Certification.--The Secretary shall determine whether to waive the criteria described in paragraph (1)(A)(ii) based on a demonstration by the local educational agency, and concurrence by the State educational agency, that the local educational agency is located in an area defined as rural by a governmental agency of the State. ``(c) Applicable Funding Defined.--In this section, the term `applicable funding' means funds provided under any of the following provisions: ``(1) Subpart 2 and section 2412(a)(2)(A) of title II. ``(2) Section 4114. ``(3) Part A of title V. ``(d) Disbursement.--Each State educational agency that receives applicable funding for a fiscal year shall disburse the applicable funding to local educational agencies for alternative uses under this section for the fiscal year at the same time as the State educational agency disburses the applicable funding to local educational agencies that do not intend to use the applicable funding for such alternative uses for the fiscal year. ``(e) Applicable Rules.--Applicable funding under this section shall be available to carry out local activities authorized under subsection (a). ``SEC. 6212. GRANT PROGRAM AUTHORIZED. ``(a) In General.--The Secretary is authorized to award grants to eligible local educational agencies to enable the local educational agencies to carry out activities authorized under any of the following provisions: ``(1) Part A of title I. ``(2) Part A or D of title II. ``(3) Title III. ``(4) Part A or B of title IV. ``(5) Part A of title V. ``(b) Allocation.-- ``(1) In general.--Except as provided in paragraph (3), the Secretary shall award a grant under subsection (a) to a local educational agency eligible under section 6211(b) for a fiscal year in an amount equal to the initial amount determined under paragraph (2) for the fiscal year minus the total amount received by the agency under the provisions of law described in section 6211(c) for the preceding fiscal year. ``(2) Determination of initial amount.-- ``(A) In general.--The initial amount referred to in paragraph (1) is equal to $100 multiplied by the total number of students in excess of 50 students, in average daily attendance at the schools served by the local educational agency, plus $20,000, except that the initial amount may not exceed $60,000. ``(B) Special rule.--For any fiscal year for which the amount made available to carry out this part is $100,000,000 or more, subparagraph (A) shall be applied-- ``(i) by substituting `$25,000' for `$20,000'; and ``(ii) by substituting `$80,000' for `$60,000'. ``(3) Ratable adjustment.-- ``(A) In general.--If the amount made available to carry out this section for any fiscal year is not sufficient to pay in full the amounts that local educational agencies are eligible to receive under paragraph (1) for such year, the Secretary shall ratably reduce such amounts for such year. ``(B) Additional amounts.--If additional funds become available for making payments under paragraph (1) for such fiscal year, payments that were reduced under subparagraph (A) shall be increased on the same basis as such payments were reduced. ``(c) Disbursement.--The Secretary shall disburse the funds awarded to a local educational agency under this section for a fiscal year not later than July 1 of that fiscal year. ``(d) Special Eligibility Rule.--A local educational agency that receives a grant under this subpart for a fiscal year is not eligible to receive funds for such fiscal year under subpart 2.''. SEC. 3. RURAL AND LOW-INCOME SCHOOL PROGRAM. Section 6221 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7351) is amended to read as follows: ``SEC. 6221. PROGRAM AUTHORIZED. ``(a) Grants to States.-- ``(1) In general.--From amounts appropriated under section 6234 for this subpart for a fiscal year that are not reserved under subsection (c), the Secretary shall award grants (from allotments made under paragraph (2)) for the fiscal year to State educational agencies that have applications submitted under section 6223 approved to enable the State educational agencies to award grants to eligible local educational agencies for local authorized activities described in section 6222(a). ``(2) Allotment.--From amounts described in paragraph (1) for a fiscal year, the Secretary shall allot to each State educational agency for that fiscal year an amount that bears the same ratio to those amounts as the number of students in average daily attendance served by eligible local educational agencies in the State for that fiscal year bears to the number of all such students served by eligible local educational agencies in all States for that fiscal year. ``(3) Specially qualified agencies.-- ``(A) Eligibility and application.--If a State educational agency elects not to participate in the program under this subpart or does not have an application submitted under section 6223 approved, a specially qualified agency in such State desiring a grant under this subpart may submit an application under such section directly to the Secretary to receive an award under this subpart. ``(B) Direct awards.--The Secretary may award, on a competitive basis or by formula, the amount the State educational agency is eligible to receive under paragraph (2) directly to a specially qualified agency in the State that has submitted an application in accordance with subparagraph (A) and obtained approval of the application. ``(C) Specially qualified agency defined.--In this subpart, the term `specially qualified agency' means an eligible local educational agency served by a State educational agency that does not participate in a program under this subpart in a fiscal year, that may apply directly to the Secretary for a grant in such year under this subsection. ``(b) Local Awards.-- ``(1) Eligibility.--A local educational agency shall be eligible to receive a grant under this subpart if-- ``(A) 40 percent or more of the children ages 5 through 17 years served by the local educational agency are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act; and ``(B) all of the schools served by the agency are designated with a school locale code of Distant Town, Remote Town, Fringe Rural, Distant Rural, or Remote Rural, as determined by the Secretary. ``(2) Award basis.--A State educational agency shall award grants to eligible local educational agencies-- ``(A) on a competitive basis; ``(B) according to a formula based on the number of students in average daily attendance served by the eligible local educational agencies or schools in the State; or ``(C) according to an alternative formula, if, prior to awarding the grants, the State educational agency demonstrates, to the satisfaction of the Secretary, that the alternative formula enables the State educational agency to allot the grant funds in a manner that serves equal or greater concentrations of children from families eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act, relative to the concentrations that would be served if the State educational agency used the formula described in subparagraph (B). ``(c) Reservations.--From amounts appropriated under section 6234 for this subpart for a fiscal year, the Secretary shall reserve-- ``(1) one-half of 1 percent to make awards to elementary schools or secondary schools operated or supported by the Bureau of Indian Affairs, to carry out the activities authorized under this subpart; and ``(2) one-half of 1 percent to make awards to the outlying areas in accordance with their respective needs, to carry out the activities authorized under this subpart. ``(d) Special Eligibility Rule.--A local educational agency that is eligible to receive a grant under this subpart and is also eligible to receive a grant under subpart 1, may receive a grant under this subpart for a fiscal year only if the local educational agency does not receive a grant under subpart 1 for such fiscal year.''.

Rural Education Achievement Program Reauthorization Act of 2007 - Amends part B (Rural Education Initiative) of title VI of the Elementary and Secondary Education Act of 1965 to revise the Small, Rural School Achievement program, which gives rural local educational agencies (LEAs) federal formula grants and greater flexibility in the use of state educational funds. Limits eligibility to LEAs whose schools are all designated with a school locale code of Fringe Rural, Distant Rural, or Remote Rural, unless located in an area the state defines as rural. Raises federal grant limits when funds available to implement the program equal or exceed $100 million. Alters LEAs' eligibility for federal funds under the Rural and Low-Income School program by requiring that: (1) at least 40% of the children ages 5 through 17 that LEAs serve be eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act; and (2) all of their schools be designated with a school locale code of Distant Town, Remote Town, Fringe Rural, Distant Rural, or Remote Rural.

{"src": "billsum_train", "title": "A bill to amend the small rural school achievement program and the rural and low-income school program under part B of title VI of the Elementary and Secondary Education Act of 1965."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Cyber Joint Duty Program Act of 2018''. SEC. 2. DEFINITIONS. In this Act: (1) Agency.--The term ``agency'' has the meaning given the term ``Executive agency'' under section 105 of title 5, United States Code. (2) Cyber position.--The term ``cyber position'' means a position identified as having information technology, cybersecurity, or other cyber-related functions under section 303 of the Federal Cybersecurity Workforce Assessment Act of 2015 (Public Law 114-113; 5 U.S.C. 301 note). (3) Director.--The term ``Director'' means the Director of the Office of Personnel Management. (4) Employee.--The term ``employee'' has the meaning given that term in section 2105 of title 5, United States Code. (5) Joint cyber position.--The term ``joint cyber position'' means a position that-- (A) is a cyber position; (B) is in the competitive service (as defined in section 2102 of title 5, United States Code) in an agency; and (C) that requires or provides experience with information technology, cybersecurity, or other cyber- related functions that relate to multiple agencies, as determined by the Director. (6) Rotational cyber position.--The term ``rotational cyber position'' means a joint cyber position designated to be filled only as part of rotational service under section 4. SEC. 3. JOINT CYBER POSITIONS. (a) Preparation of List.--The Director, in consultation with the heads of agencies, shall develop a list of joint cyber positions. (b) Designation for Rotational Service.--The head of each agency may designate a joint cyber position in that agency as a rotational cyber position if the head of the agency determines it appropriate. (c) Distribution of List.--The Director shall annually distribute an updated list of joint cyber positions to the head of each agency and other appropriate entities that includes-- (1) the title, agency, and duty location for the joint cyber position; (2) whether the joint cyber position is a rotational cyber position; and (3) whether the position is vacant or is expected to become vacant within a year. (d) Competitive Appointment.-- (1) In general.--Except as provided in paragraph (2), the head of an agency shall make appointments to joint cyber positions (including rotational cyber positions) in a fully open and competitive manner that is consistent with the merit system principles set forth in paragraphs (1) and (2) of section 2301(b) of title 5, United States Code. (2) Waiver.--The Director may waive the requirements on appointments under paragraph (1). SEC. 4. ROTATIONAL SERVICE. (a) In General.--An employee serving in a cyber position in an agency may submit an application for appointment to a rotational cyber position in that agency or another agency. (b) Term.-- (1) In general.--Except as provided in paragraph (2), and notwithstanding section 3341 of title 5, United States Code, an appointment to a rotational cyber position shall be for a period of not less than 1 year and not longer than 3 years. (2) Waiver.--The Chief Human Capital Officer of an agency may waive the limitation on the period of an appointment under paragraph (1). (c) Appointment to Positions in Other Agencies.-- (1) Detail on a nonreimbursable basis.--Service by an employee in a rotational cyber position in an agency that is not the agency employing the employee-- (A) shall constitute a detail of the employee from the agency employing the employee; and (B) shall be performed without reimbursement. (2) Return to prior position.--An employee performing service in a rotational cyber position in an agency that is not the agency employing the employee shall be entitled to return to the position held by the employee in the agency employing the employee within a reasonable period of time after the end of the period of service. (d) Personnel Law Matters.--An employee performing service in a rotational cyber position in an agency that is not the agency employing the employee shall have all the rights that would be available to the employee if the employee was detailed or appointed under a provision of law other than this Act from the agency employing the employee to the agency in which the rotational cyber position is located. SEC. 5. REPORTING. The Director shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives an annual report on the program under this Act, which shall include statistics about the efficacy of the program, including-- (1) the number of joint cyber positions identified, by agency; (2) the number of rotational cyber positions designated by each agency; (3) the number of applicants for and employees appointed to a rotational cyber position, by agency; and (4) the number and identity of agencies that have 1 or more joint cyber positions in the agency and did not designate any positions in the agency as rotational cyber positions.

Federal Cyber Joint Duty Program Act of 2018 This bill requires the Office of Personnel Management to develop a list of joint cyber positions (which are positions in the competitive service that require or provide experience with information technology, cybersecurity, or other cyber-related functions that relate to multiple agencies) that shall be distributed annually to federal agencies. Each agency may designate a joint cyber position as a rotational cyber position, which will allow an employee serving in a cyber position to submit an application for a competitive appointment to a rotational cyber position in that agency or another agency.

{"src": "billsum_train", "title": "Federal Cyber Joint Duty Program Act of 2018"}

SECTION 1. CREDIT FOR EXPENDITURES TO PROVIDE LANGUAGE TRAINING TO EMPLOYEES. (a) General Rule.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end thereof the following new section: ``SEC. 45A. EXPENDITURES TO PROVIDE LANGUAGE TRAINING TO EMPLOYEES. ``(a) General Rule.--For purposes of section 38, the amount of the language training credit determined under this section for the taxable year is 50 percent of the qualified language training expenses paid or incurred by the taxpayer during the taxable year. ``(b) Qualified Language Training Expenses.--For purposes of this section-- ``(1) In general.--Except as otherwise provided in this subsection, the term `qualified language training expenses' means-- ``(A) amounts paid or incurred by the taxpayer with respect to expenses incurred by or on behalf of an employee for qualified language training of such employee (including but not limited to tuition, fees, and similar payments, books and supplies); and ``(B) the following expenses paid or incurred by the taxpayer-- ``(i) wages (as defined in section 41(b)(2)(D)) paid or incurred by the taxpayer to an employee for services consisting of providing qualified language training to employees of the taxpayer, and ``(ii) expenses of books and supplies used in connection with the provision of such training; and ``(C) wages (as so defined) paid to any employee receiving qualified language training to the extent allocable to the time when such employee is receiving such training. ``(2) Only domestic employment qualified.--Amounts may be taken into account under paragraph (1) with respect to any employee receiving qualified language training only if substantially all of the services performed by such employee during the taxable year for the taxpayer are performed in the United States or any possession of the United States. ``(c) Qualified Language Training.--For purposes of this section, the term `qualified language training' means--``(1) training in English language and literacy to individuals with limited English proficiency, and ``(2) remedial training in English language and literacy.'' (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (7), by striking the period at the end of paragraph (8) and inserting ``, plus'', and by adding at the end thereof the following new paragraph: ``(9) the language training credit determined under section 45A(a).'' (c) Denial of Double Benefit.--Section 280C of such Code is amended by adding at the end thereof the following new subsection: ``(d) Credit for Literacy Enhancement Expenses.--No deduction shall be allowed for that portion of the qualified literacy education expenses (as defined in section 45A(b)) otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined for such taxable year under section 45A(a).'' (d) Credit Allowable Against Minimum Tax.--Subsection (c) of section 38 of such Code is amended by redesignating paragraph (2) as paragraph (3) and by inserting after paragraph (1) the following new paragraph: ``(2) Language training credit allowed against minimum tax.-- ``(A) In general.--The amount determined under paragraph (1)(A) shall be reduced by the portion of the language training credit not used against the normal limitation. ``(B) Portion of language training credit not used against normal limitation.--For purposes of subparagraph (A), the portion of the language training credit not used against the normal limitation is the excess (if any) of-- ``(i) the portion of the credit allowable under subsection (a) which is attributable to the language training credit, over ``(ii) the limitation of paragraph (1) (determined without regard to this paragraph) reduced by the portion of the credit under subsection (a) which is not so attributable.'' (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Amends the Internal Revenue Code to allow employer s a 50 percent tax credit for expenses incurred by or on behalf of their employees for training and remedial training in English language and literacy. Makes such credit applicable to employees working in the United States or its possessions. Makes such credit part of the general business tax credit. Prohibits the deduction of such expenses if the training tax credit is taken. Allows the training credit against the minimum tax.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a credit to employers for the cost of providing English language training to their employees."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Defense Contracting Ethics Oversight Act of 2007''. SEC. 2. ETHICS COMPLIANCE BY DEPARTMENT OF DEFENSE CONTRACTORS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe in regulations a requirement that a contracting officer of the Department of Defense may not determine a contractor to be responsible for purposes of the award of a covered contract for the Department unless the entity to be awarded the contract has in place, by the deadline specified in subsection (c), an internal ethics compliance program, including a code of ethics and internal controls, to facilitate the timely detection and disclosure of improper conduct in connection with the award or performance of the covered contract and to ensure that appropriate corrective action is taken with respect to such conduct. (b) Elements of Ethics Compliance Program.--Each ethics compliance program required of a contractor under subsection (a) shall include the following: (1) Requirements for periodic reviews of the performance of the covered contract to ensure compliance of contractor personnel with applicable Government contracting requirements, including laws, regulations, and contractual requirements. (2) Internal reporting mechanisms, such as a hot-line, for contractor personnel to report suspected improper conduct among contractor personnel. (3) Audits of the performance of the covered contract. (4) Mechanisms for disciplinary actions against contractor personnel found to have engaged in improper conduct, including the exclusion of such personnel from the exercise of substantial authority. (5) Mechanisms for the reporting to appropriate Government officials, including the contracting officer and the Office of the Inspector General of the Department of Defense, of suspected improper conduct among contractor personnel, including suspected conduct involving corruption of a Government official or individual acting on behalf of the Government, not later than 30 days after the date of discovery of such suspected conduct. (6) Mechanisms to ensure full cooperation with Government officials responsible for investigating suspected improper conduct among contractor personnel and for taking corrective actions. (7) Mechanisms to ensure the recurring provision of training to contractor personnel on the requirements and mechanisms of the ethics compliance program. (8) Mechanisms to ensure the oversight of the ethics compliance program by contractor personnel with substantial authority within the contractor. (c) Deadline for Program.--The deadline specified in this subsection for a contractor having in place an ethics compliance program required under subsection (a) for purposes of a covered contract is 30 days after the date of the award of the contract. (d) Determination of Existence of Program.--In determining whether a contractor has in place an ethics compliance program required under subsection (a), a contracting officer of the Department may use the assistance of the Office of the Inspector General of the Department of Defense. (e) Suspension or Debarment.--The regulations prescribed under subsection (a) shall provide that any contractor under a covered contract whose personnel are determined not to have reported suspected improper conduct in accordance with the requirements and mechanisms of the ethics compliance program concerned may, at the election of the Secretary of Defense, be suspended from the contract or debarred from further contracting with the Department of Defense. (f) Covered Contract Defined.--In this section, the term ``covered contract'' means any contract to be awarded to a contractor of the Department of Defense if, in the year before the contract is to be awarded, the total amount of contracts of the contractor with the Federal Government exceeded $5,000,000. SEC. 3. REPORT TO CONGRESS ON PERSONAL FINANCIAL CONFLICTS OF INTEREST. (a) Report.--Not later than 180 days after the date of the enactment of this Act, the Administrator for Federal Procurement Policy, after consultation with the Director of the Office of Government Ethics, shall submit to Congress a report that contains-- (1) a description of current Federal laws, regulations, and practices relating to restrictions on personal financial interests applicable to Federal employees and non-Federal employees; and (2) the Administrator's findings and any recommendations for establishing a requirement for compliance with restrictions relating to personal financial interests such as those that apply to Federal employees by-- (A) those employees of a covered Government contractor who are specifically retained for and engage in providing advice to one or more Federal agencies; and (B) employees of federally funded research and development centers. (b) Definitions.--In this section: (1) Covered government contractor.--The term ``covered Government contractor'' means any entity (other than a Federal agency) awarded a contract by a Federal agency under which one or more individuals hired by the entity perform an acquisition planning function that is closely associated with the responsibilities of a Federal employee. For purposes of the preceding sentence, the term ``acquisition planning function'' means the function of providing advice to a Federal agency on acquisition planning with respect to a particular acquisition or acquisitions. (2) Federal employee.--The term ``Federal employee'' means an employee of a Federal agency. (3) Federal agency.--The term ``Federal agency'' means any of the following: (A) any executive department or independent establishment in the executive branch of the Government, including any wholly owned Government corporation. (B) any establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, and the Architect of the Capitol and any activities under the Architect's direction). (4) Federally funded research and development center.--The term ``federally funded research and development center'' means a federally funded research and development center identified by the National Science Foundation in accordance with the Federal Acquisition Regulation.

Defense Contracting Ethics Oversight Act of 2007 - Directs the Secretary of Defense to prescribe in regulations a requirement that a Department of Defense (DOD) contracting officer may not determine a contractor to be responsible for the award of a covered contract for DOD (one in excess of $5 million) unless the contracting entity has in place, within 30 days after contract award, an internal ethics compliance program to facilitate the timely detection and disclosure of improper conduct in connection with the award or performance of the contract, and to ensure that appropriate corrective action is taken with respect to such conduct. Allows for the suspension or debarment of contractors determined not to have reported suspected improper conduct. Requires a report from the Administrator of Federal Procurement Policy to Congress on personal financial conflicts of interests of contractor employees and employees of federally funded research and development centers.

{"src": "billsum_train", "title": "To require internal ethics compliance programs by Department of Defense contractors, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Making Access Records Available to Lead American Government Openness Act'' or the ``MAR-A-LAGO Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Beginning in 2009, the Obama administration instituted a policy to release the visitor access records for the White House complex. (2) This policy was responsible for making public the names of nearly 6,000,000 visitors to the White House in the 8 years of the Obama administration. (3) This policy provided the people of the United States with insight into who influences the White House and transparency regarding efforts by lobbyists to effect policies, legislation, and Presidential actions. (4) To date, the Trump administration has not indicated whether it will continue the policy of publicly releasing White House visitor access records. (5) Since taking office on January 20, 2017, President Trump has conducted official business not only in the White House, but also at several of his privately owned clubs and resorts. (6) President Trump's Mar-a-Lago Club in Palm Beach, Florida, has been dubbed the ``Winter White House'' and the ``Southern White House''. (7) President Trump has spent 5 of his first 9 weekends in office at Mar-a-Lago. (8) Mar-a-Lago is a private membership facility open to members, their guests, and others who have been invited as guests for special events. (9) Visitors to Mar-a-Lago do not undergo the same background checks as White House visitors and visitor access records to the club have not been released to the public. (10) The President has conducted official business and hosted international leaders at Mar-a-Lago. (11) Media reports have shown President Trump and members of his Cabinet at Mar-a-Lago and nearby Trump International Golf Club interacting with members and guests, providing access unavailable to the general public. (12) President Trump owns many other properties that offer similar amenities and membership-only access where he is likely to conduct official business during his term in office. (13) On March 11, 2017, President Trump hosted several members of his Cabinet at his Trump National Golf Club in Potomac Falls, Virginia, to discuss homeland security, health care, and the economy according to media reports. (14) Media reports have indicated that the President may use his Bedminster, New Jersey, resort as a ``Summer White House''. (15) The people of the United States expect and deserve transparency in government. The policy to release visitor access records instituted by the previous administration appropriately balanced transparency with the need for confidentiality in government actions. (16) To the extent Mar-a-Lago and any other private facilities become locations where the President conducts business and interacts with individuals who are not government officials, the same disclosures should apply. SEC. 3. IMPROVING ACCESS TO INFLUENTIAL VISITOR ACCESS RECORDS. (a) Definitions.--In this section: (1) Covered location.--The term ``covered location'' means-- (A) the White House; (B) the residence of the Vice President; and (C) any other location at which the President or the Vice President regularly conducts official business. (2) Covered records.--The term ``covered records'' means information relating to a visit at a covered location, which shall include-- (A) the name of each visitor at the covered location; (B) the name of each individual with whom each visitor described in subparagraph (A) met at the covered location; and (C) the purpose of the visit. (b) Requirement.--Except as provided in subsection (c), not later than 30 days after the date of enactment of this Act, the President shall establish, and update every 90 days, a publicly available database that contains covered records for the preceding 90-day period. (c) Exceptions.-- (1) In general.--The President shall not include in the database established under subsection (b) any covered record-- (A) the posting of which would implicate personal privacy or law enforcement concerns or threaten national security; or (B) relating to a purely personal guest at a covered location. (2) Sensitive meetings.--With respect to a particularly sensitive meeting at a covered location, the President shall-- (A) include the number of visitors at the covered location in the database established under subsection (b); and (B) post the applicable covered records in the database established under subsection (b) when the President determines that release of the covered records is no longer sensitive.

Making Access Records Available to Lead American Government Openness Act or the MAR-A-LAGO Act This bill directs the President to establish and update, every 90 days, a publicly available database that contains records of: the name of each visitor at the White House, residence of the Vice-President, or any other location at which the President or Vice President regularly conducts official business (covered location); the name of each individual with whom the visitor met at the covered location; and the purpose of the visit. The President shall not include in the database any such record: (1) the posting of which would implicate personal privacy or law enforcement concerns or threaten national security, or (2) relating to a purely personal guest at a covered location. For a particularly sensitive meeting, the President shall: (1) include in the database the number of visitors at the covered location, and (2) post the applicable records in the database when their release is no longer sensitive.

{"src": "billsum_train", "title": "Making Access Records Available to Lead American Government Openness Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Management Accountability Act of 2007''. SEC. 2. DEPARTMENT OF VETERANS AFFAIRS BONUS REVIEW BOARD. (a) Establishment.--Chapter 7 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 713. Bonus Review Board ``(a) Establishment.--There is in the Department a Bonus Review Board, which shall review proposed ratings, bonuses, and pay adjustments for covered employees of the Department and make recommendations to the Secretary with respect to the award of such ratings, bonuses, and pay adjustments. ``(b) Responsibilities.--(1) The performance review board of the Department shall submit to the Bonus Review Board a proposal for any rating, bonus, or pay adjustment recommended by the performance review board for a covered employee at least 30 days before the Secretary may award the rating, bonus, or pay adjustment. ``(2) Not later than 14 days after receiving a proposal submitted under paragraph (1), the Bonus Review Board shall meet to review the proposal and submit to the Secretary the recommendation of the Bonus Review Board with respect to whether or not the proposed rating, bonus, or pay adjustment should be awarded. In making a recommendation with respect to a proposed rating, bonus, or pay adjustment, the Bonus Review Board shall take into consideration the performance of the Department during the fiscal year preceding the year in which the recommendation is made, especially the performance of the Department with respect to claims backlog and waiting times for appointments at Department medical facilities. ``(3) The Secretary may not award a rating, bonus, or pay adjustment to any covered employee until the Secretary has received a recommendation from the Bonus Review Board with respect to that rating, bonus, or pay adjustment. ``(c) Membership.--(1) The Bonus Review Board shall be composed of six members as follows: ``(A) Two members appointed by the chairman of the Committee on Veterans' Affairs of the House of Representatives. ``(B) Two members appointed by the chairman of the Committee on Veterans' Affairs of the Senate. ``(C) One member appointed by the ranking member of the Committee on Veterans' Affairs of the House of Representatives. ``(D) One member appointed by the ranking member of the Committee on Veterans' Affairs of the Senate. ``(2) Each member of the Bonus Review Board shall-- ``(A) not be or have ever been an employee of the Department; ``(B) shall not be a relative of any employee of the Department; and ``(C) have business experience and demonstrated expertise in managing human and financial resources. ``(3) Each member of the Bonus Review Board shall be appointed for a term of three years. ``(4) A vacancy in the Bonus Review Board shall be filled in the manner in which the original appointment was made. ``(5)(A) Members of the Bonus Review Board shall serve without compensation. ``(B) Members of the Bonus Review Board shall be allowed reasonable and necessary travel expenses, including per diem in lieu of subsistence, at rates authorized for persons serving intermittently in the Government service in accordance with the provisions of subchapter I of chapter 57 of title 5 while away from their homes or regular places of business in the performance of the responsibilities of the advisory committee. ``(6) The Bonus Review Board shall meet at least once annually. ``(d) Applicability of Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Bonus Review Board. ``(e) Covered Employee.--For the purposes of this section, the term `covered employee' means an employee of the Department who-- ``(1) is employed in a Senior Executive Service position; ``(2) is appointed by the President, by and with the consent of the Senate; or ``(3) holds a position which has been excepted from the competitive service (as defined by section 2102 of title 5) by reason of its confidential, policy-determining, policy-making, or policy-advocating character. ``(f) Annual Report.--Not later than February 1 of each year, the Secretary shall submit to Congress a report on the bonuses awarded to covered employees during the preceding calendar year. Each such report shall contain for the year covered by the report-- ``(1) the name of each person who served as a member of the Bonus Review Board; ``(2) the number of bonus proposals submitted to the Bonus Review Board; ``(3) the number of proposed bonuses that the Bonus Review Board recommended that the Secretary award to covered employees; ``(4) the number of bonuses the Secretary awarded to covered employees; and ``(5) the name of each covered employee who received a bonus and the amount of that bonus.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``713. Bonus Review Board.''. (c) Effective Date.--Section 713 of title 38, United States Code, as added by subsection (a), shall apply with respect to any rating, bonus, or pay adjustment awarded by the Secretary of Veterans Affairs after the date that is 60 days after the date of the enactment of this Act.

Department of Veterans Affairs Management Accountability Act of 2007 - Establishes in the Department of Veterans Affairs (VA) a Bonus Review Board which shall review proposed ratings, bonuses, and pay adjustments for covered VA employees and make recommendations with respect to the award of such ratings, bonuses, and pay adjustments.

{"src": "billsum_train", "title": "To amend title 38, United States Code, to establish in the Department of Veterans Affairs a Bonus Review Board."}

SECTION 1. FINDINGS. Congress finds the following: (1) The United States and the Socialist Republic of Vietnam share an important and multifaceted bilateral relationship based on a unique and sensitive history. (2) The people of the United States and the people of Vietnam share the desire to foster hope, healing, and mutual prosperity for both countries. (3) Congress recognizes the potential benefits of Vietnam's membership in the World Trade Organization (WTO) and the extension of nondiscriminatory treatment (normal trade relations treatment) by the United States to the products of Vietnam on mutually beneficial terms. (4) The potential benefits from enhanced bilateral trade should not supplant legitimate matters of principle involving human rights, the rule of law, and religious freedom. (5) Vietnamese-Americans throughout the United States have emphasized the importance of addressing human rights, the rule of law, and religious freedom in conjunction with consideration of legislation to provide for the extension of nondiscriminatory treatment (normal trade relations treatment) by the United States to the products of Vietnam. (6) A specific mechanism to address Vietnam's progress on human rights, the rule of law, and religious freedom issues in an in-depth manner, focusing on vulnerabilities and areas of particular concern identified by the most recent annual Department of State's Country Reports on Human Rights Practices for Vietnam, the Trafficking in Persons Report, and the annual report of the United States Commission on International Religious Freedom, including progress in Vietnam's Central and Northwest Highlands, would serve as a valuable resource to complement existing United States Government efforts to address these issues and inform future efforts, reinforcing and strengthening the outcome of these efforts. (7) The Government of Vietnam has made significant efforts over the past decade to address the concerns of the United States Government regarding United States POW/MIA cases. (8) The Government of Vietnam has made efforts to improve human rights and religious freedoms, including efforts to conclude a bilateral agreement with the United States in which the Government of Vietnam agreed to take steps to improve religious freedom, grant amnesties to prisoners of conscience, establish a new Ordinance on Religion and issue instructions to prohibit forced renunciation of faith, ease restrictions on the training of clergy, support fact-finding visits to Vietnam by United States officials and Office of the United Nations High Commissioner for Refugees (UNHCR) personnel, improve worker rights, and make progress toward eliminating human trafficking. SEC. 2. ESTABLISHMENT OF CONGRESSIONAL-EXECUTIVE COMMISSION ON THE SOCIALIST REPUBLIC OF VIETNAM. There is established a Congressional-Executive Commission on the Socialist Republic of Vietnam (in this Act referred to as the ``Commission''). SEC. 3. FUNCTIONS OF THE COMMISSION. (a) Monitoring Compliance With Human Rights.--The Commission shall monitor the acts of the Socialist Republic of Vietnam, with particular emphasis on the Montagnard peoples and the Central and Northwest Highlands, which reflect compliance with or violation of human rights, in particular, those contained in the International Covenant on Civil and Political Rights and in the Universal Declaration of Human Rights, including, but not limited to, effectively affording-- (1) the right to engage in free expression without fear of any prior restraints; (2) the right to peaceful assembly without restrictions, in accordance with international law; (3) religious freedom, including the right to worship free of involvement of and interference by the government; (4) the right to liberty of movement, freedom to choose a residence within Vietnam, freedom from coercion in family planning, and the right to leave from and return to Vietnam; (5) the right of a criminal defendant-- (A) to be tried in his or her presence, and to defend himself or herself in person or through legal assistance of his or her own choosing; (B) to be informed, if he or she does not have legal assistance, of the right set forth in subparagraph (A); (C) to have legal assistance assigned to him or her in any case in which the interests of justice so require and without payment by him or her in any such case if he or she does not have sufficient means to pay for it; (D) to a fair and public hearing by a competent, independent, and impartial tribunal established by the law; (E) to be presumed innocent until proved guilty according to law; and (F) to be tried without undue delay; (6) the right to be free from torture and other forms of cruel or unusual punishment; (7) protection of internationally recognized worker rights; (8) freedom from incarceration as punishment for political opposition to the government; (9) freedom from incarceration as punishment for exercising or advocating human rights (including those described in this section); (10) freedom from arbitrary arrest, detention, or exile; and (11) the right to fair and public hearings by an independent tribunal for the determination of a citizen's rights and obligations. (b) Victims Lists.--The Commission shall compile and maintain lists of persons believed to be imprisoned, detained, or placed under house arrest, tortured, or otherwise persecuted by the Government of the Socialist Republic of Vietnam due to their pursuit of the rights described in subsection (a). In compiling such lists, the Commission shall exercise appropriate discretion, including concerns regarding the safety and security of, and benefit to, the persons who may be included on the lists and their families. (c) Monitoring Development of Rule of Law.--The Commission shall monitor the development of the rule of law in the Socialist Republic of Vietnam, with particular emphasis on the Montagnard peoples and the Central and Northwest Highlands, including, but not limited to-- (1) progress toward the development of institutions of democratic governance; (2) processes by which statutes, regulations, rules, and other legal acts of the Government of Vietnam are developed and become binding within Vietnam; (3) the extent to which statutes, regulations, rules, administrative and judicial decisions, and other legal acts of the Government of Vietnam are published and are made accessible to the public; (4) the extent to which administrative and judicial decisions are supported by statements of reasons that are based upon written statutes, regulations, rules, and other legal acts of the Government of Vietnam; (5) the extent to which individuals are treated equally under the laws of Vietnam without regard to citizenship; (6) the extent to which administrative and judicial decisions are independent of political pressure or governmental interference and are reviewed by entities of appellate jurisdiction; and (7) the extent to which laws in Vietnam are written and administered in ways that are consistent with international human rights standards, including the requirements of the International Covenant on Civil and Political Rights. (d) Bilateral Cooperation.--The Commission shall monitor and encourage the development of programs and activities of the United States Government and private organizations with a view toward increasing the interchange of people and ideas between the United States and the Socialist Republic of Vietnam and expanding cooperation in areas that include, but are not limited to-- (1) increasing enforcement of human rights described in subsection (a); and (2) developing the rule of law in Vietnam. (e) Contacts With Nongovernmental Organizations.--In performing the functions described in subsections (a) through (d), the Commission shall, as appropriate, seek out and maintain contacts with nongovernmental organizations, including receiving reports and updates from such organizations and evaluating such reports. (f) Annual Reports.-- (1) In general.--The Commission shall issue a report to the President and the Congress not later than 12 months after the date of the enactment of this Act, and not later than the end of each 12-month period thereafter, setting forth the findings of the Commission during the preceding 12-month period, in carrying out subsections (a) through (c). The Commission's report may contain recommendations for legislative or executive action. (2) Coordination.--The report required to be issued under paragraph (1) shall be developed in coordination with the findings of the most recent annual Department of State's Country Reports on Human Rights Practices for Vietnam, the Trafficking in Persons Report, and the annual report of the United States Commission on International Religious Freedom. (g) Specific Information in Annual Reports.--The Commission's report under subsection (f) shall include specific information as to the nature and implementation of laws or policies concerning the rights set forth in paragraphs (1) through (11) of subsection (a), and as to restrictions applied to or discrimination against persons exercising any of the rights set forth in such paragraphs. (h) Congressional Hearings on Annual Reports.--(1) The Committee on International Relations of the House of Representatives shall, not later than 30 days after the receipt by the Congress of the report referred to in subsection (f), hold hearings on the contents of the report, including any recommendations contained therein, for the purpose of receiving testimony from Members of Congress, and such appropriate representatives of Federal departments and agencies, and interested persons and groups, as the committee deems advisable, with a view to reporting to the House of Representatives any appropriate legislation in furtherance of such recommendations. If any such legislation is considered by the Committee on International Relations within 45 days after receipt by the Congress of the report referred to in subsection (f), it shall be reported by the committee not later than 60 days after receipt by the Congress of such report. (2) The provisions of paragraph (1) are enacted by the Congress-- (A) as an exercise of the rulemaking power of the House of Representatives, and as such are deemed a part of the rules of the House, and they supersede other rules only to the extent that they are inconsistent therewith; and (B) with full recognition of the constitutional right of the House to change the rules (so far as relating to the procedure of the House) at any time, in the same manner and to the same extent as in the case of any other rule of the House. (i) Supplemental Reports.--The Commission may submit to the President and the Congress reports that supplement the reports described in subsection (f), as appropriate, in carrying out subsections (a) through (c). SEC. 4. MEMBERSHIP OF THE COMMISSION. (a) Selection and Appointment of Members.--The Commission shall be composed of 7 members as follows: (1) Two Members of the House of Representatives appointed by the Speaker of the House of Representatives. One member shall be selected from the majority party and one member shall be selected, after consultation with the minority leader of the House, from the minority party. (2) Two Members of the Senate appointed by the President of the Senate. One member shall be selected, after consultation with the majority leader of the Senate, from the majority party, and one member shall be selected, after consultation with the minority leader of the Senate, from the minority party. (3) One representative of the Department of State, appointed by the President of the United States from among officers and employees of that Department. (4) One representative of the Department of Commerce, appointed by the President of the United States from among officers and employees of that Department. (5) One representative of the Department of Labor, appointed by the President of the United States from among officers and employees of that Department. (b) Chairman and Cochairman.-- (1) Designation of chairman.--At the beginning of each odd- numbered Congress, the President of the Senate, on the recommendation of the majority leader of the Senate, shall designate one of the members of the Commission from the Senate as Chairman of the Commission. At the beginning of each even- numbered Congress, the Speaker of the House of Representatives shall designate one of the members of the Commission from the House as Chairman of the Commission. (2) Designation of cochairman.--At the beginning of each odd-numbered Congress, the Speaker of the House of Representatives shall designate one of the members of the Commission from the House as Cochairman of the Commission. At the beginning of each even-numbered Congress, the President of the Senate, on the recommendation of the majority leader of the Senate, shall designate one of the members of the Commission from the Senate as Cochairman of the Commission. SEC. 5. VOTES OF THE COMMISSION. Decisions of the Commission, including adoption of reports and recommendations to the executive branch or to the Congress, shall be made by a majority vote of the members of the Commission present and voting. Two-thirds of the members of the Commission shall constitute a quorum for purposes of conducting business. SEC. 6. EXPENDITURE OF APPROPRIATIONS. For each fiscal year for which an appropriation is made to the Commission, the Commission shall issue a report to the Congress on its expenditures under that appropriation. SEC. 7. TESTIMONY OF WITNESSES, PRODUCTION OF EVIDENCE; ISSUANCE OF SUBPOENAS; ADMINISTRATION OF OATHS. In carrying out this Act, the Commission may require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, documents, and electronically recorded data as it considers necessary. Subpoenas may be issued only pursuant to a two-thirds vote of members of the Commission present and voting. Subpoenas may be issued over the signature of the Chairman of the Commission or any member designated by the Chairman, and may be served by any person designated by the Chairman or such member. The Chairman of the Commission, or any member designated by the Chairman, may administer oaths to any witness. SEC. 8. APPROPRIATIONS FOR THE COMMISSION. (a) Authorization; Disbursements.-- (1) Authorization.--There are authorized to be appropriated to the Commission for fiscal year 2008, and each fiscal year thereafter, such sums as may be necessary to enable it to carry out its functions. Appropriations to the Commission are authorized to remain available until expended. (2) Disbursements.--Appropriations to the Commission shall be disbursed on vouchers approved-- (A) jointly by the Chairman and the Cochairman; or (B) by a majority of the members of the personnel and administration committee established pursuant to section 9. (b) Foreign Travel for Official Purposes.--Foreign travel for official purposes by members and staff of the Commission may be authorized by either the Chairman or the Cochairman. SEC. 9. STAFF OF THE COMMISSION. (a) Personnel and Administration Committee.--The Commission shall have a personnel and administration committee composed of the Chairman, the Cochairman, the member of the Commission from the minority party of the House of Representatives, and the member of the Commission from the minority party of the Senate. (b) Committee Functions.--All decisions pertaining to the appointment, separation, and fixing of pay of personnel of the Commission shall be by a majority vote of the personnel and administration committee, except that-- (1) the Chairman shall be entitled to appoint and fix the pay of the staff director; and (2) the Chairman and Cochairman shall each have the authority to appoint, with the approval of the personnel and administration committee, at least two professional staff members who shall be responsible to the Chairman or the Cochairman (as the case may be) who appointed them. Subject to subsection (d), the personnel and administration committee may appoint and fix the pay of such other personnel as it considers desirable. (c) Staff Appointments.--All staff appointments shall be made 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. (d) Qualifications of Professional Staff.--The personnel and administration committee shall ensure that the professional staff of the Commission consists of persons with expertise in areas including human rights, internationally recognized worker rights, international economics, law (including international law), rule of law and other foreign assistance programming, Vietnamese politics, economy and culture, and, if possible, a working knowledge of the Vietnamese language. SEC. 10. PRINTING AND BINDING COSTS. For purposes of costs relating to printing and binding, including the costs of personnel detailed from the Government Printing Office, the Commission shall be deemed to be a committee of the Congress. SEC. 11. TERMINATION. Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.; relating to the termination of advisory committees) shall not apply to the Commission.

Establishes a Congressional-Executive Commission on the Socialist Republic of Vietnam, which shall: (1) monitor the acts of the Socialist Republic of Vietnam, with particular emphasis on the Montagnard peoples and the Central and Northwest Highlands, which reflect compliance with or violation of human rights; (2) maintain lists of persons believed to be imprisoned, detained, tortured, or otherwise persecuted by the government of the Socialist Republic of Vietnam due to their pursuit of the rights described in this Act; (3) monitor the development of the rule of law in the Socialist Republic of Vietnam, with particular emphasis on the Montagnard peoples and the Central and Northwest Highlands; and (4) monitor and encourage the development of programs and activities of the U.S. government and private organizations with a view toward increasing the U.S.-Vietnam interchange.

{"src": "billsum_train", "title": "To establish the Congressional-Executive Commission on the Socialist Republic of Vietnam."}

SECTION 1. SHORT TITLE; REFERENCES TO IMMIGRATION AND NATIONALITY ACT. (a) Short Title.--This Act may be cited as the ``U.S. Employee, Family Unity, and Legalization Act''. (b) References to Immigration and Nationality Act.--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 Immigration and Nationality Act. SEC. 2. CHANGE OF ENTRY DATE INTO THE UNITED STATES FOR PURPOSES OF A RECORD OF ADMISSION FOR PERMANENT RESIDENCE FOR CERTAIN ALIENS. (a) In General.--Section 249 (8 U.S.C. 1259) is amended-- (1) in the section heading, by striking ``january 1, 1972'' and inserting ``january 1, 1998''; and (2) in subsection (a), by striking ``January 1, 1972;'' and inserting ``January 1, 1998;''. (b) Clerical Amendment.--The table of sections is amended in the item relating to section 249 by striking ``who entered the United States prior to January 1, 1972''. (c) Extension of Date of Registry.-- (1) Period beginning january 1, 2005.--Beginning on January 1, 2005, section 249 (8 U.S.C. 1259) is amended by striking ``January 1, 1998'' each place it appears and inserting ``January 1, 1999''. (2) Period beginning january 1, 2006.--Beginning on January 1, 2006, section 249 is amended by striking ``January 1, 1999'' each place it appears and inserting ``January 1, 2000''. (3) Period beginning january 1, 2007.--Beginning on January 1, 2001, section 249 is amended by striking ``January 1, 2000'' each place it appears and inserting ``January 1, 2001''. (4) Period beginning january 1, 2008.--Beginning on January 1, 2008, section 249 is amended by striking ``January 1, 2001'' each place it appears and inserting ``January 1, 2002''. (5) Period beginning january 1, 2009.--Beginning on January 1, 2009, section 249 is amended by striking ``January 1, 2002'' each place it appears and inserting ``January 1, 2003''. (d) Violations Incidental to Undocumented Status and Confidentiality of Information.--Section 249 is further amended-- (1) by redesignating subsections (a), (b), (c), and (d) as paragraphs (1), (2), (3), and (4), respectively; (2) by inserting ``(a)'' after ``249.''; and (3) by adding at the end the following new subsections: ``(b) Violations Incidental to Undocumented Status.-- ``(1) Impact of violations incidental to legal status.-- ``(A) Violations of the provisions listed in subparagraph (B) shall not adversely affect an application for an immigration benefit or status under this Act. ``(B) The provisions referred to in subparagraph (A) are section 274C of the Immigration and Nationality Act, sections 1001 and 1546 of title 18, United States Code, and sections 408(a)(6) and 408(a)(7) of title 42, United States Code. ``(2) Applicability of ground of inadmissibility.--The grounds of inadmissibility specified in paragraph (6)(F) of section 212(a) shall not apply to an application for an immigration benefit or status under this Act. ``(c) Confidentiality of Information.-- ``(1) Neither the Attorney General, nor any other official or employee of the Department of Justice, or any bureau or agency thereof, may-- ``(A) use the information furnished pursuant to an application filed under this section for any purpose other than to make a determination on the application or for enforcement of subsection (d); ``(B) make any publication whereby the information furnished by any particular individual can be identified; or ``(C) permit anyone other than the sworn officers and employees of the Department or bureau or agency or, with respect to applications filed with a designated entity, that designated entity, to examine individual applications. ``(2) Anyone who uses, publishes, or permits information to be examined in violation of paragraph (1) shall be fined in accordance with title 18, United States Code, or imprisoned not more than five years, or both. ``(d) Penalties for False Statements in Applications.--Whoever files an application for adjustment of status under this section and knowingly and willfully falsifies, misrepresents, conceals, or covers up a material fact or makes any false, fictitious, or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry, shall be fined in accordance with title 18, United States Code, or imprisoned not more than five years, or both.''. (e) Correction of Social Security Records.--Section 208(d)(1) of the Social Security Act (42 U.S.C. 408(d)(1)) is amended-- (1) in subparagraph (B), by inserting after clause (ii) the following new clause: ``(iii) pursuant to the ``U.S. Employee, Family Unity, and Legalization Act, or''; and (2) in subparagraph (C), by striking ``60 days after the date of enactment of the Omnibus Budget Reconciliation Act of 1990,'' and inserting ``the date the alien obtains lawful permanent resident status or within 60 days after the alien obtains such status.''. SEC. 3. ELIMINATION OF RETROACTIVE APPLICATION OF CERTAIN PROVISIONS OF THE IMMIGRATION AND NATIONALITY ACT. (a) Cancellation of Removal.--Section 240A (8 U.S.C. 1229b) is amended by adding at the end the following new subsection: ``(f) Application of Law.--Notwithstanding any other provision of this section, an alien who committed an offense that was a ground for deportation or exclusion prior to April 1, 1997, shall have the law in effect at the time of the offense apply with respect to any application for relief from deportation or exclusion on that ground. For purposes of determining eligibility for such relief, such alien shall be credited with any periods of residency in the United States that the alien has accrued without regard to whether or not the residency occurred after the commission of the offense or service of a notice to appear under section 239(a).''. (b) Application of Aggravated Felony Definition.--The last sentence of section 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended to read as follows: ``The term shall not apply to any offense that was not covered by the term on the date on which the offense occurred.''. (c) Grounds of Deportability.--Section 237 (8 U.S.C. 1227) is amended by adding at the end the following new subsection: ``(d) Notwithstanding any other provision of this section, an alien is not deportable or removable by reason of committing any offense that was not a ground of deportability on the date the offense occurred.''. (d) Grounds of Inadmissibility.--Section 212 (8 U.S.C. 1182) is amended-- (1) by redesignating the subsection (p) added by section 1505(f) of Public Law 106-386 (114 Stat. 1526) as a subsection (s); and (2) by adding at the end the following new subsection: ``(t)(1) Notwithstanding any other provision of this section, an alien is not inadmissible by reason of committing any offense that was not a ground of inadmissibility on the date the offense occurred. ``(2) Any alien who applied for admission to the United States or adjustment of status to that of an alien lawfully admitted for permanent residence prior to April 1, 1997, and was inadmissible under subsection (a)(6)(C), shall be eligible for the relief available (including any waiver of inadmissibility) at the time the application was filed.''. (e) Prospective Effective Dates.-- (1) Illegal immigration reform and immigrant responsibility act.--Notwithstanding any other provision of law, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, and the amendments made by that Act, shall apply only to persons seeking admission, or who became removable, on or after April 1, 1997, as the case may be. (2) Antiterrorism and effective death penalty act of 1996.--Notwithstanding any other provision of law, title IV of the Antiterrorism and Effective Death Penalty Act of 1996, and the amendments made by that title, shall only apply to persons seeking admission, or who become removable, on or after April 24, 1996. (3) Reinstatement of removal orders.--Section 241(a)(5) (8 U.S.C. 1231(a)(5)) is repealed, and such repeal shall apply to all proceedings pending at any stage as of the date of enactment of this Act and to all cases brought on or after such date. SEC. 4. RESTORATION OF PROPORTIONALITY TO GROUNDS OF REMOVAL. (a) Definition of Crimes Involving Moral Turpitude.--Section 237(a)(2)(A)(i) (8 U.S.C. 1227(a)(2)(A)(i)) is amended to read as follows: ``(i) Crimes of moral turpitude.--Any alien who is convicted of a crime involving moral turpitude committed within five years after the date of admissions (or 10 years in the case of an alien provided lawful permanent residence status under section 245(j)) for which the alien is confined in a prison or correctional institution for more than one year, is deportable.''. (b) Definition of Aggravated Felony.--Section 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended-- (1) in subparagraphs (F), (G), (J), (R), and (S), by striking ``one year'' each place it appears and inserting ``five years''; (2) by amending subparagraph (N) (8 U.S.C. 1101(a)(43)(N)) to read as follows: ``(N) an offense described in section 274(a)(1) (relating to alien smuggling) for the purpose of commercial advantage.''; (3) in subparagraph (P)(ii) (8 U.S.C. 1101(a)(43)(P)(ii)), by striking ``child'' and inserting ``son or daughter''; (4) in subparagraph (T), by striking ``2 years''' and inserting ``5 years'''; and (5) by adding at the end of section 101(a)(43) the following: ``No crime shall be deemed to be an aggravated felony if the underlying conviction is a misdemeanor or if the sentence imposed is not in excess of one year.''. (c) Effective Date.--The amendments made by this section shall apply to convictions entered before, on, or after the date of enactment of this Act. (d) Conviction Defined.--Section 101(a)(48)(A) (8 U.S.C. 1101(a)(48)(A)) is amended-- (1) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively; (2) by striking ``(48)(A) The term'' and inserting ``(48)(A)(i) Except as provided in clause (ii), the term''; and (3) by adding at the end the following: ``(ii) For purposes of determinations under this Act, the term `conviction' does not include any Federal, State, or foreign guilty plea or other record of guilt or conviction that has been expunged, dismissed, canceled, vacated, discharged or otherwise removed, or any Federal, State, or foreign deferred adjudication, adjudication of guilt withheld, order of probation without entry of judgment, or similar disposition.''. (e) Definition of Term of Imprisonment.--Section 101(a)(48)(B) (8 U.S.C. 1101(a)(48)(B)) is amended to read as follows: ``(B) Any reference to a term of imprisonment or a sentence with respect to an offense is deemed to include the period of incarceration or confinement ordered by a court of law excluding any period of the suspension of the imposition or execution of that imprisonment or sentence in whole or in part.''. (f) Conforming Amendments.-- (1) Ground of inadmissibility.--Section 212(a)(6)(E) (8 U.S.C. 1182(a)(6)(E)) is amended-- (A) in clause (i), by inserting ``and for commercial advantage'' after ``knowingly''; (B) by striking clause (ii); and (C) by redesignating clause (iii) as clause (ii). (2) Ground of deportability.--Section 237(a)(1)(E) (8 U.S.C. 1227(a)(1)(E)) is amended-- (A) in clause (i), by inserting ``and for commercial advantage'' after ``knowingly''; (B) by striking clause (ii); and (C) by redesignating clause (iii) as clause (ii). SEC. 5. ELIMINATION OF PROHIBITION ON ADMISSION FOR ALIENS WHO HAVE BEEN UNLAWFULLY PRESENT IN THE UNITED STATES. (a) In General.--Section 212(a)(9) (8 U.S.C. 1182(a)(9)) is amended-- (1) by striking subparagraph (B); and (2) by redesignating subparagraph (C) as subparagraph (B). (b) Conforming Amendments.--Section 248 (8 U.S.C. 1258) is amended by striking ``and who is not inadmissible under section 212(a)(9)(B)(i) (or whose inadmissibility under such section is waived under section 212(a)(9)(B)(v))''. SEC. 6. VISA FOR CERTAIN SPOUSES AND CHILDREN OF CITIZENS AND PERMANENT RESIDENTS TEMPORARILY WAITING FOR VISA NUMBERS. (a) In General.--Section 101(a)(15)(V) (8 U.S.C. 1101(a)(15)(V)) is amended to read as follows: ``(V) subject to section 214(o), an alien (other than one coming for the purpose of study or of performing skilled or unskilled labor or as a representative of foreign press, radio, film, or other foreign information media coming to engage in such vocation) who is the beneficiary of a petition approved under-- ``(i) section 204 (excluding the provisions of such section referred to in clause (ii)) for classification by reason of a relationship described in section 203(a)(2)(A) with an alien lawfully admitted for permanent residence, who is awaiting the availability of an immigrant visa based upon such approval, and who seeks to enter the United States to achieve family unity by joining the permanent resident alien in the United States; or ``(ii) clause (iii), (iv), or (v) of section 204(a)(1)(A) or clause (ii), (iii), or (iv) of section 204(a)(1)(B) and who is awaiting the availability of an immigrant visa based upon such approval.''. (b) Conforming Amendments.--Section 214 (8 U.S.C. 1184) is amended-- (1) by redesignating the subsections (o) and (p) added by sections 1102(b) and 1103(b), respectively, of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001, as enacted into law by section 1(a)(2) of Public Law 106-553 as subsections (p) and (q); and (2) in subsection (p) (as so redesignated)-- (A) in paragraph (1)(B)(i), by striking ``under section 203(a)(2)(A)'' each place such term appears; (B) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); and (C) in paragraph (2)(C) (as so redesignated), by striking ``(6)(A), (7), and (9)(B)'' and inserting ``(6)(A) and (7)''. SEC. 7. TASK FORCE ON IMMIGRANT EXPLOITATION. There shall be established a national task force on the exploitation of and trafficking in immigrants. The task force shall consist of Federal and State law enforcement officers appointed by the Secretary of Labor and the Secretary of State. The Secretary of Labor shall be the Chair of the task force. The purpose of the task force shall be to create a coordinated and aggressive national and State policy to end the exploitation of and trafficking in immigrants. The task force shall develop and recommend to the President coordinated Federal and State law enforcement efforts for the elimination of employment abuses against immigrant workers.

U.S. Employee, Family Unity, and Legalization Act - Amends the Immigration and Nationality Act to extend the admission date for permanent residence for certain aliens, including additional one-year extensions during specified time periods. Establishes fines for application-related violations of confidentiality and false statements.Revises specified restrictions respecting: (1) cancellation of removal; (2) deportability and admissibility; and (3) issuance of immigrant visas to certain spouses and children of lawfully admitted permanent resident aliens.Establishes a national task force on immigrant exploitation and trafficking, to be chaired by the Secretary of Labor and made up of Federal and State law enforcement officers.

{"src": "billsum_train", "title": "To revise various provisions of the Immigration and Nationality Act."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Online Market Protection Act of 2014''. SEC. 2. MORATORIUM. (a) Neither the Federal Government nor any State or political subdivision thereof shall impose any statutory restrictions or regulations specifically identifying and governing the creation, use, exploitation, possession or transfer of any algorithmic protocols governing the operation of any virtual, non-physical, algorithm or computer source code-based medium for exchange (collectively, ``cryptocurrency'' as defined herein) for a period beginning June 1, 2015, and extending five years after the enactment of this Act (such period, the ``moratorium period''), except for statutes already enacted and effective prior to the date of enactment of this Act, and further suspending the enactment and effectiveness of any and all pending statutes and regulations until the end of the aforementioned moratorium period, except as otherwise provided in this section. (b) During the moratorium period, the Federal Government and all State governments and political subdivisions thereof shall not impose any further statutory restrictions or regulations affecting Smart Contract platforms such as cryptographic escrow services, multi- signature transactions, and oracles, so as to allow for the growth and facilitation of these important facets of cryptological technology. (c) Federal and State Agencies shall consider cryptocurrencies ``exempt commodities'' akin to gold and silver, rather than ``excluded commodities'' such as national fiat currencies. The Bitcoin cryptological protocol is not strictly a currency, but is a broad multifaceted protocol which allows for myriad novel applications. (d) Federal and State Agencies shall have no jurisdiction over Cryptocurrency Economy Transactions or Bitcoin Economy Transactions. The financial regulations authorizing these agencies are designed to protect users of financial instruments from fraud, manipulation, and other types of misconduct that result in real economic losses; not virtual losses solely within a cryptographic network. (e) Nothing in this Act shall prevent, impair or impede the operation of any government agency, authority or instrumentality, whether of the Federal Government or of any State or political subdivision thereof, to enforce currently existing criminal, civil or taxation statutes and regulations. SEC. 3. DEFINITIONS. (a) ``Algorithm'' is defined as a procedure for solving a mathematical problem in a finite number of steps performed by a computer. (b) ``Algorithmic chain'' is a series or chain of bits of data comprising a unique string of data which is the basis for the cryptographic proof of a valid transfer or transaction of cryptocurrencies. The algorithmic chain for a cryptocurrency is commonly referred to as a ``blockchain''. (c) The ``cryptographic proof'' for each transaction or transfer is based on one unique algorithmic chain, distinct from all previously existing algorithms and neither replicable nor reusable yet sharing with all other units at least one common source code element in the algorithmic chain (or ``blockchain'') in the transferor's existing Bitcoin or bitcoins. (d) ``Protocol'' refers to procedures or guidelines governing the creation, development and operation of a cryptocurrency. (e) ``Service'' is defined as the Internal Revenue Service. (f) The phrase ``using the Internet or other electronic, non- physical medium'' means by placement of material in a computer server- based file archive so that it is publicly accessible on, through, or over the Internet, using hypertext transfer protocol, file transfer protocol, or other similar protocols. (g) ``Cryptocurrency'' is a popular term encompassing code-based protocols supporting an electronic, non-physical media for the exchange of value, and for the sake of both clarity and the avoidance of confusion in the mind of the public, based on the prior use of this term by the Internal Revenue Service in its initial guidance (see Notice 2014-21, released March 26, 2014) this term is used herein. However, it is believed ``cryptocurrency'' encompasses the same protocols as those covered by terms such as ``digital currency'', ``virtual currency'' or ``electronic currency''. (h) ``Agencies'' is defined as the regulatory bodies of the Federal Government and the State governments or political subdivision thereof, including but not limited to the Commodity and Futures Trading Committee (``CFTC''), the Securities and Exchange Commission (``SEC''), the Board of Governors of the Federal Reserve, the Financial Crimes Enforcement Network (``FinCEN''), and the New York State Department of Financial Services (``NYSDFS''). (i) ``Smart Contracts'' are cryptographically encoded agreements, often utilizing multi-signature technology, which allow for automatic or multi-party execution and public recording of transactions or property transfers when certain predetermined parameters are met. (j) ``Multi-Signature Transactions'' are cryptographic contracts encoded in the blockchain, often involving third-party arbitrators or oracles, which are finalized when a pre-set number of involved parties sign off. In a three-party multi-signature transaction involving an arbitrator, the transaction may be finalized only when two (2) out of the three (3) parties--a buyer, a seller, and/or the arbitrator--sign off on the transaction. (k) ``Cryptographic Escrow Services'' are services that allow for fund transfers subject to the authorization of an arbitrator or other intermediary. These transactions can utilize multi-signature technology, allowing for the possibility of arbitration without requiring any actual transfer of funds through the intermediary. (l) ``Oracles'' are automated programs or algorithms acting as signatories to multi-signature transactions. Utilizing databases and information amalgamators, an oracle automatically executes its signature when predetermined threshold is met. (m) ``Cryptocurrency Economy Transactions'' or ``Bitcoin Economy Transactions'' are transactions involving financial instruments denominated in Bitcoin or another cryptocurrency underlying a transaction which is also denominated in Bitcoin or another cryptocurrency. A Bitcoin-denominated credit default swap that references a Bitcoin-denominated loan would be a Bitcoin Economy Transaction. SEC. 4. DECLARATION OF MORATORIUM. (a) In General.--It is the public policy of the United States that no new statutes, regulations or advisory opinions be passed, implemented, enforced or issued governing the creation, use, possession or taxation of cryptocurrencies, the protocols governing each and the data, codes, algorithms or other calculations comprising each, until the expiration of the moratorium as provided in this Act. (b) Public Interest.--It is further the public policy of the United States that the development and use of any medium of exchange which utilizes cryptographic proof of and for a transaction of cryptocurrency without the need for or reliance upon third-party intermediaries or verification will enhance the economic well-being of the American people and result in significant economic growth. Given the blockchain's capacity to serve as a public ledger, software developers are creating mechanisms for ``smart'' technologies that will eliminate the need for many forms of costly intermediation ranging from third- party arbitration in legal disputes to key-exchanges in car and hotel rentals. The capacity for publicly recorded multi-signature transactions will allow for the seamless property transfers that are certifiable, public and secure without the use of an intermediary. These and other uses increase market efficiency and facilitate economic activity and growth. Moreover, these advances promote the autonomy and liberty of individuals and small businesses at the expense of needless bureaucracy. SEC. 5. DECLARATION OF NEUTRAL TAX TREATMENT. (a) In General.--It is the public policy of the United States that the production, possession or use of cryptocurrency, whether in trade, commerce or personal non-commercial transfers, should not be disfavored or discouraged by the Federal tax code or other Federal or State statute or regulation. (b) Tax Treatment.--It is the public policy of the United States that the current guidance just promulgated and released by the Service in its Notice 2014-21 is advisory, subject to public comment and not in final form pending the expiration of the comment period. As such, Congress believes that the current guidance is less than optimal for the American people and economy, and directs the Service to issue or revise interim regulations consistent with the following. (c) Treatment as Currency.--It is the public policy of the United States that virtual currencies should be treated as currency instead of property in order to foster an equitable tax treatment and prevent a tax treatment that would discourage the use of any cryptocurrency. Tax treatment of cryptocurrency as property does not account for the substantial illiquidity and highly limited acceptance and use of cryptocurrency, and substantially and unfairly discourages taxpayers engaging in a trade or business from using cryptocurrency in commerce. This circumstance is likely to discourage economic activity and stifle innovation and growth. At present, a taxpayer accepting cryptocurrency for goods or services will be taxed on the fair market value of the cryptocurrency despite the fact that exchange rates (from cryptocurrency to conventional currency) are both highly volatile and published or available only on a small number of proto-exchanges in the early stages of development, acceptance and awareness by cryptocurrency users. As a result, current tax treatment will measure income on the basis of an illiquid and likely inaccurate fair market value that exceeds the taxpayer's true fair market value and hence income, resulting in the risk of a consistent overtaxation or overpayment that will act as a strong deterrent to or penalty for accepting cryptocurrency in payment. Such tax treatment is inconsistent with the tax treatment of secured notes for payment in trade or commerce, which recognizes a discount from the face value of the note due to the illiquid nature of the payment. (Note: See IRS Pub. 525 at 4.) (d) Revenue in Trade or Business; Taxation Upon Monetizing Event.-- It is the public policy of the United States that taxpayers accepting cryptocurrency in trade or commerce should be deemed to realize actual income only when cryptocurrency is monetized through conversion or exchange into dollars or any official government currency, and that fair market value should be calculated as net proceeds from the conversion. (Note: This treatment seeks to achieve the most accurate and fair measure of actual income received, as distinguished from theoretical income in the form of cryptocurrency which, until its conversion to dollars, remains under substantial risk of diminution from illiquidity or other conversion risks or inefficiencies. This treatment is consistent with tax treatment of statutory stock options where the taxable event is not the receipt or exercise of the option, but the sale of the underlying stock for proceeds in cash. The goal here is to have income taxed when the income is actual instead of theoretical and subject to substantial if not total risk of loss through liquidity problems, exchange problems or other barriers to monetization.) Accordingly, as it is the further public policy of the United States that income on cryptocurrency received in trade or business should be defined as the net proceeds from conversion of the received cryptocurrency into dollars, the Service is hereby directed to revise or issue interim regulations consistent herewith. (e) Revenue From Mining or Creation of Cryptocurrency.--It is the public policy of the United States that the Service's guidance that taxpayers should have the fair market value of the cryptocurrency they successfully ``mine'' or produce included in gross income is inequitable, overstates actual income by overstating fair market value by not accounting for the liquidity risk or the risk that substantial effort may yield no production, and strongly and unfairly penalizes or discourages such income producing efforts and deters economic growth, activity and innovation. Accordingly, as it is the further public policy of the United States that mined produced cryptocurrency should be taxed as income only when actual a transfer and conversion of proceeds into dollars realize income, the Service is hereby directed to revise or issue interim regulations consistent herewith. SEC. 6. SEVERABILITY. If any provision of this title, or any amendment made by this title, or the application of that provision to any person or circumstance, is held by a court of competent jurisdiction to violate any provision of the Constitution of the United States, then the other provisions of that title, and the application of that provision to other persons and circumstances, shall not be affected.

Online Market Protection Act of 2014 - Prohibits, for a five-year moratorium period beginning June 1, 2015, federal, state, and local governments from imposing statutory restrictions or regulations specifically identifying and governing the creation, use, exploitation, possession, or transfer of any algorithmic protocols governing the operation of any virtual, non-physical algorithm or computer source code-based medium for exchange (cryptocurrency). Defines cryptocurrency as a popular term encompassing code-based protocols supporting an electronic, non-physical medium for the exchange of value. Prohibits all such governmental entities, during the moratorium period, from imposing further statutory restrictions or regulations affecting Smart Contract platforms such as cryptographic escrow services, multi-signature transactions, and oracles in order to allow for the growth and facilitation of these facets of cryptological technology. Requires federal and state agencies to consider cryptocurrencies "exempt commodities" akin to gold and silver, rather than "excluded commodities" such as national fiat currencies. Declares that the Bitcoin cryptological protocol is not strictly a currency, but rather a broad multifaceted protocol which allows for myriad novel applications. Denies federal and state agencies jurisdiction over Cryptocurrency Economy Transactions or Bitcoin Economy Transactions. States it is the public policy of the United States that: until the expiration of the five-year moratorium no new statutes, regulations, or advisory opinions be passed, implemented, enforced, or issued governing the creation, use, possession or taxation of cryptocurrencies, including governing protocols, data, codes, algorithms, or other calculations; development and use of any medium of exchange which utilizes cryptographic proof of and for a transaction of cryptocurrency without the need for or reliance upon third-party intermediaries or verification will enhance the economic well-being of the American people and result in significant economic growth; production, possession or use of cryptocurrency, whether in trade, commerce, or personal non-commercial transfers, should not be disfavored or discouraged by either the federal tax code or other governmental statute or regulation; and the current guidance released by the Internal Revenue Service (IRS) in its Notice 2014-21 is advisory, subject to public comment, and not in final form pending the expiration of the comment period, and is less than optimal for the American people and economy. Directs the IRS to issue or revise interim regulations consistent with U.S. public policy that: virtual currencies should be treated as currency instead of property in order to foster an equitable tax treatment and prevent a tax treatment that would discourage the use of cryptocurrency; taxpayers accepting cryptocurrency in trade or commerce should be deemed to realize actual income only when cryptocurrency is monetized through conversion or exchange into dollars or any official government currency, and that fair market value should be calculated as net proceeds from the conversion; and mined or produced cryptocurrency should be taxed as income only when actual income is realized by a transfer and conversion of proceeds into dollars.

{"src": "billsum_train", "title": "Online Market Protection Act of 2014"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Employee Changing Room Privacy Act''. SEC. 2. PROHIBITION AGAINST VIDEO OR AUDIO MONITORING OF EMPLOYEES IN CERTAIN EMPLOYMENT LOCATIONS. An employer may not engage in video monitoring or audio monitoring of an employee of the employer when the employee is in a restroom facility, dressing room, or any other area in which it is reasonable to expect employees of the employer to change clothing. SEC. 3. ENFORCEMENT ACTION BY SECRETARY. (a) In General.--Any employer who violates section 2 shall be liable to the United States for a civil money penalty in an amount not to exceed $10,000 for each violation, except that, if the violation is knowing, the penalty for the violation may be up to $25,000. (b) Written Notice and Opportunity for Hearing.--The Secretary of Labor shall assess a civil money penalty under subsection (a) by an order made on the record after opportunity for a hearing provided in accordance with section 554 of title 5, United States Code. In connection with the hearing, the Secretary may issue subpoenas requiring the attendance and testimony of witnesses and the production of evidence that relates to the subject matter of the hearing. (c) Determination of Amount of Civil Money Penalty.--In determining the amount of a civil money penalty under subsection (a), the Secretary shall take into account-- (1) the nature, circumstances, extent, and gravity of the violation or violations; and (2) with respect to the violator, the ability to pay, effect on ability to continue to do business, any history of prior violations, the degree of culpability, and such other matters as justice may require. (d) Modification of Civil Money Penalty.--The Secretary may compromise, modify, or remit, with or without conditions, any civil money penalty assessed under subsection (a). The amount of such penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the United States to the employer. (e) Judicial Review.--An employer who requested, in accordance with section 554 of title 5, United States Code, a hearing respecting the assessment of a civil money penalty under this subsection, and who is aggrieved by the order assessing the penalty may file a petition for judicial review of the order with the United States Court of Appeals for the District of Columbia Circuit or for any other circuit in which the employer resides or transacts business. Such a petition may only be filed within the 60-day period beginning on the date the order was issued. (f) Failure to Pay.--The Attorney General may recover, in an action brought in any appropriate district court of the United States, the amount of a civil money penalty assessed under this subsection against an employer who fails to pay the penalty-- (1) after the order making the assessment becomes final, and if such employer does not file a petition for judicial review of the order in accordance with subsection (e); or (2) after a court in an action brought under subsection (e) has entered a final judgment in favor of the Secretary. (g) No Review of Penalty.--In an action brought under subsection (f), the validity, amount, and appropriateness of the civil money penalty shall not be subject to review. (h) Injunctive Relief.--The Secretary may commence, in any court of competent jurisdiction, a civil action for the purpose of obtaining temporary or permanent injunctive relief with respect to preventing a violation of section 2. SEC. 4. CIVIL CAUSE OF ACTION BY AGGRIEVED EMPLOYEE. (a) In General.--An employee who is aggrieved as a result of a violation of section 2 by the employer of such employee may commence, in any court of competent jurisdiction, a civil action against the employer to obtain appropriate relief, including-- (1) an injunction to enjoin the employer from further engaging in the violation or from committing any further violation, as appropriate; (2) damages not to exceed $25,000 if the violation is knowing; or (3) both such remedies. (b) Commencement of Proceedings.--An employee referred to in subsection (a) may not commence proceedings under such subsection against an employer of the employee after the expiration of the 7-year period beginning on the later of the following: (1) The date on which the employer allegedly engaged in a violation of section 2. (2) The date on which the employee should have been aware of an alleged violation of section 2 by the employer. (c) Attorney's Fees and Costs.--In any civil action referred to in subsection (a), the prevailing party may obtain appropriate relief, including reasonable costs, and attorney's and expert witness fees. SEC. 5. EFFECT ON STATE LAWS AND COLLECTIVE BARGAINING AGREEMENTS. (a) State Laws.--This Act does not annul, alter, or affect in any manner the meaning, scope, or applicability of the laws of any State or political subdivision of any State, except to the extent such laws are inconsistent with this Act, and then only to the extent of the inconsistency. A law is not inconsistent with this Act if the law affords greater protection to an employee than the protection provided under this Act. (b) Collective Bargaining Agreements.--This Act does not annul, alter, or affect in any manner the meaning, scope, or applicability of any collective bargaining agreements, except to the extent that such agreements are inconsistent with this Act, and then only to the extent of the inconsistency. An agreement is not inconsistent with this Act if the agreement affords greater protection to an employee than the protection provided under this Act. SEC. 6. DEFINITIONS. In this Act: (1) Audio monitoring.--The term ``audio monitoring'' means the listening to, collecting, or recording of sounds of an employee by means of audio equipment or other method. (2) Employee.--The term ``employee'' means any person who is employed by an employer or who was employed by an employer at the time of a violation that was allegedly committed by that employer. Such term includes leased or temporary employees and an employee who is under contract to perform work for an employer. (3) Employer.--The term ``employer'' means any person or entity engaged in commerce or in an industry or activity affecting commerce. Such term includes a public agency. (4) Public agency.--The term ``public agency'' means-- (A) the Government of the United States; (B) the government of a State or political subdivision thereof; (C) any agency of the United States (including the United States Postal Service and Postal Rate Commission); (D) any agency of a State, or a political subdivision of a State; or (E) any interstate governmental agency. (5) Video monitoring.--The term ``video monitoring'' means the videotaping, photographing, filming, or recording by any electronic means of an employee. (6) Secretary.--The term ``Secretary'' means the Secretary of Labor. (7) State.--The term ``State'' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States. SEC. 7. EFFECTIVE DATE. This Act takes effect 60 days after the date of the enactment of this Act.

Employee Changing Room Privacy Act - Prohibits employers from engaging in video or audio monitoring of employees in restroom facilities, dressing rooms, or other areas in which it is reasonable to expect employees to change clothing. Establishes maximum civil money penalties for violators. Requires the Secretary of Labor to: (1) provide written notice and an opportunity for a hearing before assessing such penalties; and (2) determine the amount of such penalties taking into account the nature of the violation and specified factors with respect to the violator. Authorizes judicial review of a civil money penalty assessment order for employers who requested a hearing. Authorizes the Attorney General to file suit to recover civil money penalties assessed under this Act if an employer fails to pay. Authorizes the Secretary to commence civil actions for injunctive relief to prevent violations of this Act. Authorizes employees aggrieved by an employer's violation of this Act to commence a civil action against the employer for injunctive relief, damages (if the violation is knowing), or both. Asserts that this Act does not alter State law or collective bargaining agreements except where inconsistent with this Act.

{"src": "billsum_train", "title": "To protect employees from invasion of privacy by employers by prohibiting certain video monitoring and audio monitoring of employees by their employers, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alternative Water Sources Act of 2000''. SEC. 2. GRANTS FOR ALTERNATIVE WATER SOURCE PROJECTS. Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 et seq.) is amended by adding at the end the following: ``SEC. 220. GRANTS FOR ALTERNATIVE WATER SOURCE PROJECTS. ``(a) In General.--The Administrator may make grants to State, interstate, and intrastate water resource development agencies (including water management districts and water supply authorities), local government agencies, private utilities, and nonprofit entities for alternative water source projects to meet critical water supply needs. ``(b) Eligible Entity.--The Administrator may make grants under this section to an entity only if the entity has authority under State law to develop or provide water for municipal, industrial, and agricultural uses in an area of the State that is experiencing critical water supply needs. ``(c) Selection of Projects.-- ``(1) Limitation.--A project that has received funds under the reclamation and reuse program conducted under the Reclamation Projects Authorization and Adjustment Act of 1992 (43 U.S.C. 390h et seq.) shall not be eligible for grant assistance under this section. ``(2) Additional consideration.--In making grants under this section, the Administrator shall consider whether the project is located within the boundaries of a State or area referred to in section 1 of the Reclamation Act of June 17, 1902 (32 Stat. 385), and within the geographic scope of the reclamation and reuse program conducted under the Reclamation Projects Authorization and Adjustment Act of 1992 (43 U.S.C. 390h et seq.). ``(d) Committee Resolution Procedure.-- ``(1) In general.--No appropriation shall be made for any alternative water source project under this section, the total Federal cost of which exceeds $3,000,000, if such project has not been approved by a resolution adopted by the Committee on Transportation and Infrastructure of the House of Representatives or the Committee on Environment and Public Works of the Senate. ``(2) Requirements for securing consideration.--For purposes of securing consideration of approval under paragraph (1), the Administrator shall provide to a committee referred to in paragraph (1) such information as the committee requests and the non-Federal sponsor shall provide to the committee information on the costs and relative needs for the alternative water source project. ``(e) Uses of Grants.--Amounts from grants received under this section may be used for engineering, design, construction, and final testing of alternative water source projects designed to meet critical water supply needs. Such amounts may not be used for planning, feasibility studies or for operation, maintenance, replacement, repair, or rehabilitation. ``(f) Cost Sharing.--The Federal share of the eligible costs of an alternative water source project carried out using assistance made available under this section shall not exceed 50 percent. ``(g) Reports.-- ``(1) Reports to administrator.--Each recipient of a grant under this section shall submit to the Administrator, not later than 18 months after the date of receipt of the grant and biennially thereafter until completion of the alternative water source project funded by the grant, a report on eligible activities carried out by the grant recipient using amounts from the grant. ``(2) Report to congress.--On or before September 30, 2005, the Administrator shall transmit to Congress a report on the progress made toward meeting the critical water supply needs of the grant recipients under this section. ``(h) Definitions.--In this section, the following definitions apply: ``(1) Alternative water source project.--The term `alternative water source project' means a project designed to provide municipal, industrial, and agricultural water supplies in an environmentally sustainable manner by conserving, managing, reclaiming, or reusing water or wastewater or by treating wastewater. ``(2) Critical water supply needs.--The term `critical water supply needs' means existing or reasonably anticipated future water supply needs that cannot be met by existing water supplies, as identified in a comprehensive statewide or regional water supply plan or assessment projected over a planning period of at least 20 years. ``(i) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $75,000,000 for each of fiscal years 2000 through 2004. Such sums shall remain available until expended.''. SEC. 3. SENSE OF THE CONGRESS; REQUIREMENT REGARDING NOTICE. (a) Purchase of American-Made Equipment and Products.--In the case of any equipment or products that may be authorized to be purchased with financial assistance provided under this Act (including any amendment made by this Act), it is the sense of the Congress that entities receiving such assistance should, in expending the assistance, purchase only American-made equipment and products. (b) Notice to Recipients of Assistance.--In providing financial assistance under this Act (including any amendment made by this Act), the head of each Federal agency shall provide to each recipient of the assistance a notice describing the statement made in subsection (a) by the Congress. (c) Notice of Report.--Any entity which receives funds under this Act shall report any expenditures on foreign-made items to the Congress within 180 days of the expenditure. Passed the House of Representatives May 4, 2000. Attest: Clerk.

Makes projects that have received funds under the reclamation and reuse program under the Reclamation Projects Authorization and Adjustment Act of 1992 ineligible for grant assistance under this Act. Directs the Administrator, in making such grants, to consider whether a project is located within the boundaries of a State or area referred to in the Reclamation Act of June 17, 1902, and within the geographic scope of such reclamation and reuse program.Requires, for projects for which the Federal share of costs exceeds $3 million, approval by a resolution of the House Committee on Transportation and Infrastructure or the Senate Committee on Environment and Public Works.Requires the Administrator to report to Congress on progress made toward meeting the critical water supply needs of grant recipients.Authorizes appropriations.Expresses the sense of Congress, in the case of equipment or products authorized to be purchased with financial assistance provided under this Act, that entities receiving such assistance should, in expending such assistance, purchase only American-made equipment and products. Requires such entities to report any expenditures on foreign-made items to Congress.

{"src": "billsum_train", "title": "Alternative Water Sources Act of 2000"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dietary Supplement Labeling Act of 2011''. SEC. 2. REGULATION OF DIETARY SUPPLEMENTS. (a) Registration.-- (1) In general.--Section 415(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350d(a)) is amended by adding at the end the following: ``(6) Requirements with respect to dietary supplements.-- ``(A) In general.--A facility engaged in manufacturing dietary supplements that is required to register under this section shall comply with the requirements of this paragraph, in addition to the other requirements of this section. ``(B) Additional information.--A facility described in subparagraph (A) shall submit a registration under paragraph (1) that includes, in addition to the information required under paragraph (2)-- ``(i) a description of each dietary supplement product manufactured by such facility; ``(ii) a list of all ingredients in each such dietary supplement product; and ``(iii) a copy of the label and labeling for each such product. ``(C) Registration with respect to new, reformulated, and discontinued dietary supplement products.-- ``(i) In general.--Not later than the date described in clause (ii), if a facility described in subparagraph (A)-- ``(I) manufactures a dietary supplement product that the facility previously did not manufacture and for which the facility did not submit the information required under clauses (i) through (iii) of subparagraph (B); ``(II) reformulates a dietary supplement product for which the facility previously submitted the information required under clauses (i) through (iii) of subparagraph (B); or ``(III) no longer manufactures a dietary supplement for which the facility previously submitted the information required under clauses (i) through (iii) of subparagraph (B), such facility shall submit to the Secretary an updated registration describing the change described in subclause (I), (II), or (III) and, in the case of a facility described in subclause (I) or (II), containing the information required under clauses (i) through (iii) of subparagraph (B). ``(ii) Date described.--The date described in this clause is-- ``(I) in the case of a facility described in subclause (I) of clause (i), 30 days after the date on which such facility first markets the dietary supplement product described in such subclause; ``(II) in the case of a facility described in subclause (II) of clause (i), 30 days after the date on which such facility first markets the reformulated dietary supplement product described in such subclause; or ``(III) in the case of a facility described in subclause (III) of clause (i), 30 days after the date on which such facility removes the dietary supplement product described in such subclause from the market.''. (2) Enforcement.--Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the following: ``(z) If it is a dietary supplement for which a facility is required to submit the registration information required under section 415(a)(6) and such facility has not complied with the requirements of such section 415(a)(6) with respect to such dietary supplement.''. (b) Labeling.-- (1) Establishment of labeling requirements.--Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et seq.) is amended by inserting after section 411 the following: ``SEC. 411A. DIETARY SUPPLEMENTS. ``(a) Dietary Supplement Ingredients.--Not later than 1 year after the date of enactment of the Dietary Supplement Labeling Act of 2011, the Secretary shall compile a list of dietary supplement ingredients and proprietary blends of ingredients that the Secretary determines could cause potentially serious adverse events, drug interactions, contraindications, or potential risks to subgroups such as children and pregnant or breastfeeding women. ``(b) IOM Study.--The Secretary shall seek to enter into a contract with the Institute of Medicine under which the Institute of Medicine shall evaluate dietary supplement ingredients and proprietary blends of ingredients, including those on the list compiled by the Secretary under subsection (a), and scientific literature on dietary supplement ingredients and, not later than 18 months after the date of enactment of the Dietary Supplement Labeling Act of 2011, submit to the Secretary a report evaluating the safety of dietary supplement ingredients and proprietary blends of ingredients the Institute of Medicine determines could cause potentially serious adverse events, drug interactions, contraindications, or potential risks to subgroups such as children and pregnant or breastfeeding women. ``(c) Establishment of Requirements.--Not later than 2 years after the date on which the Institute of Medicine issues the report under subsection (b), the Secretary, after providing for public notice and comment and taking into consideration such report, shall-- ``(1) establish mandatory warning label requirements for dietary supplement ingredients that the Secretary determines to cause potentially serious adverse events, drug interactions, contraindications, or potential risks to subgroups; and ``(2) identify proprietary blends of ingredients for which, because of potentially serious adverse events, drug interactions, contraindications, or potential risks to subgroups such as children and pregnant or breastfeeding women, the weight per serving of the ingredient in the proprietary blend shall be provided on the label. ``(d) Updates.--As appropriate, the Secretary, after providing for public notice and comment, shall update-- ``(1) the list compiled under subsection (a); ``(2) the mandatory warning label requirements established under paragraph (1) of subsection (c); and ``(3) the requirements under paragraph (2) of subsection (c).''. (2) Enforcement.--Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amended-- (A) in subsection (q)(5)(F)(ii), by inserting ``, and for each proprietary blend identified by the Secretary under section 411A(c)(1)(B), the weight of such proprietary blend,'' after ``ingredients)''; and (B) in subsection (s)(2)-- (i) in subparagraph (A)(ii)(II), by inserting ``, and for each proprietary blend identified by the Secretary under section 411A(c)(1)(B), the weight of each such proprietary blend per serving'' before the semicolon at the end; (ii) in subparagraph (D)(iii), by striking ``or'' at the end; (iii) in subparagraph (E)(ii)(II), by striking the period at the end and inserting a semicolon; and (iv) by adding at the end the following: ``(F) the label or labeling does not include information with respect to potentially serious adverse events, drug interactions, contraindications, or potential risks to subgroups such as children and pregnant or breastfeeding women, as required under section 411A(c); or ``(G) the label does not include the batch number.''. (c) Conventional Foods.--The Secretary of Health and Human Services, not later than 1 year after the date of enactment of this Act and after providing for public notice and comment, shall establish a definition for the term ``conventional food'' for purposes of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.). Such definition shall take into account conventional foods marketed as dietary supplements, including products marketed as dietary supplements that simulate conventional foods.

Dietary Supplement Labeling Act of 2011 - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to expand the registration requirements for a dietary supplement manufacturing facility to: (1) require the submission of a description, ingredient list, and label and labeling for each dietary supplement product manufactured; and (2) require a manufacturer to update its registration for new, reformulated, or discontinued products within 30 days. Requires the Secretary of Health and Human Services (HHS) to compile a list of dietary supplement ingredients and proprietary blends of ingredients that the Secretary determines could cause potentially serious adverse events, drug interactions, contraindications, or potential risks to subgroups such as children and pregnant or breastfeeding women. Directs the Secretary to enter into a contract with the Institute of Medicine to: (1) evaluate the safety of dietary supplement ingredients and proprietary blends of ingredients that the Institute determines could cause potentially serious adverse events, drug interactions, contraindications, or potential risks to subgroups; and (2) identify proprietary blends of ingredients for which the weight per serving of the ingredient in the proprietary blend should be provided on the label. Deems a dietary supplement that does not meet the requirements of this Act to be misbranded. Requires the Secretary to establish a definition for the term “conventional food” for purposes of the FFDCA, taking in account foods marketed as dietary supplements.

{"src": "billsum_train", "title": "A bill to improve the safety of dietary supplements by amending the Federal Food, Drug, and Cosmetic Act to require manufacturers of dietary supplements to register dietary supplement products with the Food and Drug Administration and to amend labeling requirements with respect to dietary supplements."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Prostate Cancer Council Act''. SEC. 2. NATIONAL PROSTATE CANCER COUNCIL. (a) Establishment.--There is established in the Office of the Secretary of Health and Human Services (referred to in this section as the ``Secretary'') the National Prostate Cancer Council on Screening, Early Detection, Assessment, and Monitoring of Prostate Cancer (referred to in this Act as the ``Council''). (b) Purpose of the Council.--The Council shall-- (1) develop and implement a national strategic plan for the accelerated creation, advancement, and testing of diagnostic tools to improve screening, early detection, assessment, and monitoring of prostate cancer, including-- (A) early detection of aggressive prostate cancer to save lives; (B) monitoring of tumor response to treatment, including recurrence and progression; and (C) accurate assessment and surveillance of indolent disease to reduce unnecessary biopsies and treatment; (2) provide information and coordination of prostate cancer research and services across all Federal agencies; (3) review diagnostic tools and their overall effectiveness at screening, detecting, assessing, and monitoring of prostate cancer; (4) evaluate all programs in prostate cancer that are in existence on the date of enactment of this Act, including Federal budget requests and approvals and public-private partnerships; (5) submit an annual report to the Secretary and Congress on the creation and implementation of the national strategic plan under paragraph (1); and (6) ensure the inclusion of men at high-risk for prostate cancer, including men from ethnic and racial populations and men who are least likely to receive care, in clinical, research, and service efforts, with the purpose of decreasing health disparities. (c) Membership.-- (1) Federal members.--The Council shall be led by the Secretary or designee and comprised of the following experts: (A) Two representatives of the National Institutes of Health, including 1 representative of the National Institute of Biomedical Imaging and Bioengineering and 1 representative of the National Cancer Institute. (B) A representative of the Centers for Disease Control and Prevention. (C) A representative of the Centers for Medicare and Medicaid Services. (D) A designee of the Director of the Department of Defense Congressionally Directed Medical Research Program. (E) A designee of the Director of the Office of Minority Health. (F) A representative of the Food and Drug Administration. (G) A representative of the Agency for Healthcare Research and Quality. (2) Non-federal members.--In addition to the members described in paragraph (1), the Council shall include 16 expert members from outside the Federal Government, which shall include at least-- (A) 6 prostate cancer patient advocates, including-- (i) 2 patient-survivors; (ii) 2 caregivers of prostate cancer patients; and (iii) 2 representatives from national prostate cancer disease organizations that fund research or have demonstrated experience in providing assistance to patients, families, and medical professionals, including information on health care options, education, and referral; and (B) 8 health care stakeholders with specific expertise in prostate cancer research in the critical areas of clinical expertise, including medical oncology, radiology, radiation oncology, urology, and pathology. (d) Meetings.--The Council shall meet quarterly and meetings shall be open to the public. (e) Advice.--The Council shall advise the Secretary, or the Secretary's designee. (f) Annual Report.--The Council shall submit annual reports, beginning not later than 1 year after the date of enactment of this Act, to the Secretary or the Secretary's designee and to Congress. The annual report shall include-- (1) in the first year-- (A) an evaluation of all federally funded efforts in prostate cancer research and gaps relating to the development and validation of diagnostic tools for prostate cancer; and (B) recommendations for priority actions to expand, eliminate, coordinate, or condense programs based on the performance, mission, and purpose of the programs; and (2) annually thereafter for 5 years-- (A) an outline for the development and implementation of a national research plan for creation and validation of accurate diagnostic tools to improve prostate cancer care in accordance with subsection (a); (B) roles for the National Cancer Institute, National Institute on Minority Health and Health Disparities, and the Office on Minority Health of the Department of Health and Human Services; (C) an analysis of the disparities in the incidence and mortality rates of prostate cancer in men at high risk of the disease, including individuals with family history, increasing age, or African-American heritage; and (D) a review of the progress towards the realization of the proposed strategic plan. (g) Termination.--The Council shall terminate on December 31, 2019. (h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $2,000,000 for the period of fiscal years 2015 through 2019.

National Prostate Cancer Council Act - Establishes in the Department of Health and Human Services (HHS) the National Prostate Cancer Council on Screening, Early Detection, Assessment, and Monitoring of Prostate Cancer to: (1) develop and implement a strategic plan for the accelerated development of diagnostic tools for prostate cancer, (2) review the effectiveness of diagnostic tools for prostate cancer, (3) coordinate prostate cancer research and services across federal agencies, (4) evaluate all active federal prostate cancer programs, and (5) ensure the inclusion of men at high-risk for prostate cancer in clinical, research, and service efforts. Directs the Council to submit annual reports. Requires the first report to include recommendations based on an evaluation of prostate cancer research and gaps in the development and validation of diagnostic tools for prostate cancer. Requires subsequent reports to include: (1) an outline for a national research plan for creation and validation of diagnostic tools, (2) roles for specified agencies, (3) an analysis of the disparities in rates of prostate cancer in men at high risk, and (4) a review of the progress towards the realization of the strategic plan. Terminates the Council on December 31, 2019.

{"src": "billsum_train", "title": "National Prostate Cancer Council Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Abandoned and Derelict Vessel Removal Act of 1995''. SEC. 2. DEFINITIONS. In this Act, the following definitions apply: (1) Abandon.--The term ``abandon'' means to moor, strand, wreck, sink, or leave a vessel unattended for longer than 45 days. (2) Navigable waters of the united states.--The term ``navigable waters of the United States'' means waters of the United States, including the territorial sea. (3) Removal; remove.--The term ``removal'' or ``remove'' means relocation, sale, scrapping, or other method of disposal. (4) Secretary.--The term ``Secretary'' means the Secretary of the Army. (5) Vessel.--the term ``vessel'' includes recreational, commercial, and government-owned vessels but does not include vessels operated by the Coast Guard or the Navy. (6) Vessel removal contractor.--The term ``vessel removal contractor'' means a person that enters into a contract with the United States to remove an abandoned vessel under this Act. SEC. 3. ABANDONMENT OF VESSEL PROHIBITED. An owner or operator of a vessel may not abandon it on the navigable waters of the United States. A vessel is deemed not to be abandoned if-- (1) it is located at a federally or State-approved mooring area; (2) it is on private property with the permission of the owner of the property; or (3) the owner or operator notifies the Secretary that the vessel is not abandoned and the location of the vessel. SEC. 4. PENALTY FOR UNLAWFUL ABANDONMENT OF VESSEL. Thirty days after the notification procedures under section 5(a)(1) are completed, the Secretary may assess a civil penalty of not more than $500 for each day of the violation against an owner or operator that violates section 3. A vessel with respect to which a penalty is assessed under this Act is liable in rem for the penalty. SEC. 5. REMOVAL OF ABANDONED VESSELS. (a) Procedures.-- (1) In general.--The Secretary, in cooperation with the Commandant of the Coast Guard, may remove a vessel that is abandoned if-- (A) an elected official of a local government has notified the Secretary of the vessel and requested that the Secretary remove the vessel; and (B) the Secretary has provided notice to the owner or operator-- (i) that if the vessel is not removed it will be removed at the owner or operator's expense; and (ii) of the penalty under section 4. (2) Form of notice.--The notice to be provided to an owner or operator under paragraph (1)(B) shall be-- (A) if the identity of the owner or operator can be determined, via certified mail; and (B) if the identity of the owner or operator cannot be determined, via an announcement in a notice to mariners and in an official journal of the county (or other equivalent political subdivision) in which the vessel is located. (3) Limitation on liability of united states.--The United States, and any officer or employee of the United States is not liable to an owner or operator for damages resulting from removal of an abandoned vessel under this Act. (b) Liability of Owner or Operator.--The owner or operator of an abandoned vessel is liable, and an abandoned vessel is liable in rem, for all expenses that the United States incurs in removing the abandoned vessel under this Act. (c) Contracting Out.-- (1) Solicitation of bids.--The Secretary may, after providing notice under subsection (a)(1), solicit by public advertisement sealed bids for the removal of an abandoned vessel. (2) Contract.--After solicitation under paragraph (1) the Secretary may award a contract. The contract-- (A) may be subject to the condition that the vessel and all property on the vessel is the property of the vessel removal contractor; and (B) must require the vessel removal contractor to submit to the Secretary a plan for the removal. (3) Commencement date for removal.--Removal of an abandoned vessel may begin 30 days after the Secretary completes the procedures under subsection (a)(1). SEC. 6. LIABILITY OF VESSEL REMOVAL CONTRACTORS. A vessel removal contractor and its subcontractor are not liable for damages that result from actions taken or omitted to be taken in the course of removing a vessel under this Act. This section does not apply-- (1) with respect to personal injury or wrongful death; or (2) if the contractor or subcontractor is grossly negligent or engages in willful misconduct. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act such sums as may be necessary for fiscal years beginning after September 30, 1996. Such funds shall remain available until expended.

Abandoned and Derelict Vessel Removal Act of 1995 - Prohibits the owner or operator of a vessel from abandoning it on U.S. navigable waters. Sets forth a civil penalty for unlawful abandonment. Authorizes the Secretary of the Army, in cooperation with the Commandant of the Coast Guard, to remove an abandoned vessel provided certain conditions are met. Makes an owner or operator of an abandoned vessel liable for all expenses incurred by the United States for its removal. Provides for the contracting out of removal activities. Shields the contractor from liability for damages during removal, except in cases of gross negligence, willful misconduct, personal injury, or wrongful death. Authorizes appropriations.

{"src": "billsum_train", "title": "Abandoned and Derelict Vessel Removal Act of 1995"}

SECTION 1. REAUTHORIZATION OF APPROPRIATIONS. (a) In General.--Section 405 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by striking ``1997 through 1999'' and inserting ``2000 through 2003''. (b) Effective Date.--This section shall take effect on October 1, 1999. SEC. 2. AMENDMENT TO DEFINITION OF ``SPECIAL GOVERNMENT EMPLOYEE''. (a) Amendment to Section 202(a).--Subsection (a) of section 202 of title 18, United States Code, is amended to read as follows: ``(a) For the purpose of sections 203, 205, 207, 208, 209, and 219 of this title the term `special Government employee' shall mean-- ``(1) an officer or employee as defined in subsection (c) who is retained, designated, appointed, or employed in the legislative or executive branch of the United States Government, in any independent agency of the United States, or in the government of the District of Columbia, and who, at the time of retention, designation, appointment, or employment, is expected to perform temporary duties on a full-time or intermittent basis for not to exceed 130 days during any period of 365 consecutive days; ``(2) a part-time United States commissioner; ``(3) a part-time United States magistrate; ``(4) an independent counsel appointed under chapter 40 of title 28, United States Code, and any person appointed by that independent counsel under section 594(c) of title 28, United States Code; ``(5) a person serving as a part-time local representative of a Member of Congress in the Member's home district or State; and ``(6) a Reserve officer of the Armed Forces, or an officer of the National Guard of the United States, who is not otherwise an officer or employee as defined in subsection (c) and who is-- ``(A) on active duty solely for training (notwithstanding section 2105(d) of title 5); ``(B) serving voluntarily for not to exceed 130 days during any period of 365 consecutive days; or ``(C) serving involuntarily.''. (b) Amendment to Section 202(c).--Subsection (c) of 202 of title 18, United States Code, is amended to read as follows: ``(c)(1) The terms `officer' and `employee' in sections 203, 205, 207 through 209, and 218 of this title shall include-- ``(A) an individual who is retained, designated, appointed, or employed in the United States Government or in the government of the District of Columbia to perform, with or without compensation and subject to the supervision of the President, the Vice President, a Member of Congress, a Federal judge, or an officer or employee of the United States or of the government of the District of Columbia, a Federal or District of Columbia function under authority of law or an Executive act; ``(B) a Reserve officer of the Armed Forces or an officer of the National Guard of the United States who is serving voluntarily in excess of 130 days during any period of 365 consecutive days; and ``(C) the President, the Vice President, a Member of Congress or a Federal judge, but only to the extent specified in any such section. ``(2) As used in paragraph (1), the term `Federal or District of Columbia function' shall include, but not be limited to-- ``(A) supervising, managing, directing or overseeing a Federal or District of Columbia officer or employee in the performance of such officer's or employee's official duties; ``(B) participating in the Federal or District of Columbia government's internal deliberative process, such as by providing regular advice, counsel, or recommendations to the President, the Vice President, a Member of Congress, or any other Federal or District of Columbia officer or employee, or by conducting meetings involving any of those individuals; or ``(C) obligating funds of the United States or the District of Columbia.''. (c) New Section 202(f).--Section 202 of title 18, United States Code, is amended by adding at the end the following: ``(f) The terms `officer or employee' and `special Government employee' as used in sections 203, 205, 207 through 209, and 218, shall not include enlisted members of the Armed Forces, nor shall they include an individual who is retained, designated, or appointed without compensation specifically to act as a representative of an interest (other than a Federal or District of Columbia interest) on an advisory committee established pursuant to the Federal Advisory Committee Act or any similarly established advisory committee whose meetings are generally open to the public.''. Passed the House of Representatives November 8, 1999. Attest: JEFF TRANDAHL, Clerk.

Amends the Federal criminal code provisions concerning bribery, graft, and conflicts of interest to include within the definition of "special Government employee" a Reserve officer or officer in the National Guard who is serving voluntarily for not to exceed 130 days during any period of 365 consecutive days. Includes as an "officer" and "employee" the following: (1) an individual retained, designated, appointed, or employed in the U.S. Government or in the District of Columbia government to perform with or without compensation and subject to the supervision of the President, Vice President, Member of Congress, Federal judge, or officer or employee of the U.S. or District Government a Federal or District function (as defined in this Act) under authority of law or executive Act; (2) a Reserve officer or officer in the National Guard who is serving voluntarily for not to exceed 130 days during any period of 365 consecutive days; and (3) the President, Vice President, Member of Congress, or Federal judge to the extent specified under such provisions.Excludes as an officer or employee or special Government employee: (1) enlisted members of the armed forces; and (2) an individual who is retained, designated, or appointed without compensation specifically to act as a representative of an interest on an advisory committee established pursuant to the Federal Advisory Committee Act or any similarly established committee whose meetings are generally open to the public.

{"src": "billsum_train", "title": "To amend the Ethics in Government Act of 1978 to reauthorize funding for the Office of Government Ethics."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural America Energy Act of 2007''. SEC. 2. ADJUSTMENTS TO THE BIOENERGY PROGRAM. Section 9010 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8108) is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) in subparagraph (A), by striking ``and''; (ii) in subparagraph (B), by striking the final period and inserting a semicolon; and (iii) by adding at the end the following new subparagraphs: ``(C) cellulosic cogeneration; ``(D) biomass gasification; and ``(E) hydrogen made from cellulosic commodities for fuel cells.''; (B) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; (C) by inserting after paragraph (2) the following new paragraph: ``(3) Cellulosic cogeneration.--The term `cellulosic cogeneration' means combined heat and electrical power produced from cellulose, hemicellulose, and lignin found in plant cell walls.''; and (D) in subparagraph (A) of paragraph (4), as redesignated by subparagraph (B), by striking ``corn,''; and (2) by striking subsection (f) and inserting the following: ``(f) Funding.--Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $25,000,000 for each of fiscal years 2008 through 2012.''. SEC. 3. INCREASED FUNDING FOR THE RENEWABLE ENERGY PROGRAM AND ADJUSTING THE PROGRAM TO BENEFIT SMALLER PROJECTS. Section 9006 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8106) is amended by striking subsection (f) and inserting the following new subsections: ``(f) Small Projects.--The Secretary shall use not less than 15 percent of the funds available under this section to provide grants for projects that have a total cost $50,000 or less. ``(g) Funding.--Of the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out this section $50,000,000 for each of fiscal years 2008 through 2012.''. SEC. 4. 5-YEAR EXTENSION OF CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN RENEWABLE RESOURCES. Section 45(d) of the Internal Revenue Code of 1986 (relating to qualified facilities) is amended by striking ``2009'' each place it appears and inserting ``2014''. SEC. 5. DEDICATED ETHANOL PIPELINE FEASIBILITY STUDIES. (a) In General.--The Secretary of Energy, in coordination with the Secretary of Agriculture and the Secretary of Transportation, shall spend up to $1,000,000 to fund feasibility studies for the construction of dedicated ethanol pipelines. (b) Conduct of Studies.-- (1) In general.--The Secretary of Energy shall-- (A) through a competitive solicitation process, select 1 or more firms having capabilities in the planning, development, and construction of dedicated ethanol pipelines to carry out the feasibility studies described in subsection (a); or (B) carry out the feasibility studies in conjunction with such firms. (2) Timing.-- (A) In general.--If the Secretary elects to select 1 or more firms under paragraph (1)(A), the Secretary shall award funding under this section not later than 120 days after the date of enactment of this Act. (B) Studies.--As a condition of receiving funds under this section, a recipient of funding shall agree to submit to the Secretary a completed feasibility study not later than 360 days after the date of enactment of this Act. (c) Study Factors.--Feasibility studies funded under this section shall include consideration of-- (1) existing or potential barriers to dedicated ethanol pipelines, including technical, siting, financing, and regulatory barriers; (2) potential evolutionary pathways for the development of an ethanol pipeline transport system, such as starting with localized gathering networks as compared to major interstate ethanol pipelines to carry larger volumes from the Midwest to the East or West coast; (3) market risk, including throughput risk, and ways of mitigating the risk; (4) regulatory, financing, and siting options that would mitigate risk in these areas and help ensure the construction of dedicated ethanol pipelines; (5) financial incentives that may be necessary for the construction of dedicated ethanol pipelines, including the return on equity that sponsors of the first dedicated ethanol pipelines will require to invest in the pipelines; (6) ethanol production of 20,000,000,000, 30,000,000,000, and 40,000,000,000 gallons per year by 2020; and (7) such other factors that the Secretary considers to be appropriate. (d) Confidentiality.--If a recipient of funding under this section requests confidential treatment for critical energy infrastructure information or commercially-sensitive data contained in a feasibility study submitted by the recipient under subsection (b)(2)(B), the Secretary shall offer to enter into a confidentiality agreement with the recipient to maintain the confidentiality of the submitted information. (e) Review; Report.--The Secretary of Energy shall-- (1) review the feasibility studies submitted under subsection (b)(2)(B) or carried out under subsection (b)(1)(B); and (2) not later than 15 months after the date of enactment of this Act, submit to Congress a report that includes-- (A) information about the potential benefits of constructing dedicated ethanol pipelines; and (B) recommendations for legislation that could help provide for the construction of dedicated ethanol pipelines. (f) Funding.--There are authorized to be appropriated to the Secretary of Energy to carry out this section $1,000,000 for fiscal year 2008, to remain available until expended. SEC. 6. CONSERVATION RESERVE PROGRAM ADJUSTMENTS TO PROTECT THE MOST ENVIRONMENTALLY SENSITIVE ACRES AND PROMOTE PRODUCTION OF BIOFUELS CROPS. (a) Reauthorization.--Section 1231(a) of the Food Security Act of 1985 (16 U.S.C. 3831(a)) is amended by striking ``Through the 2007 calendar year'' and inserting the following: ``(1) Program required.--Through the 2012 calendar year''. (b) Maximum Enrollment.--Section 1231(d) of the Food Security Act of 1985 (16 U.S.C. 3831(d)) is amended-- (1) by striking ``39,200,000 acres'' and inserting ``40,000,000 acres''; and (2) by striking by striking ``2007'' and inserting ``2012''. (c) Priority for Protection of Most Environmentally Sensitive Acres.--Section 1231(a) of the Food Security Act of 1985 (16 U.S.C. 3831(a)), as amended by subsection (a), is amended by adding at the end the following new paragraph: ``(2) Priority for protection of most environmentally sensitive acres.--In applying subsection (b) and other provisions of this subchapter for the enrollment of land in the conservation reserve program, the Secretary shall ensure that, as contracts expire and lands are taken out of the program, the lands are replaced with the most environmentally sensitive acres, so that the program continues to protect highly erodible lands while increasing the acreage outside of the program that is available for the production of crops to accommodate biofuel production.''. SECTION 7. TRANSITIONAL ASSISTANCE FOR FARMERS WHO PLANT DEDICATED ENERGY CROPS FOR A LOCAL CELLULOSIC REFINERY. (a) In General.--The Secretary shall make transitional assistance payments to an agricultural producer during the 1st year in which the producer devotes land to the production of a qualified cellulosic crop. (b) Definitions.--In this section: (1) Cellulosic crop.--The term ``cellulosic crop'' means a tree or grass that is grown specifically to provide raw materials (feedstocks) for conversion to liquid transportation fuels or chemicals through biochemical or thermochemical processes, or for energy generation through combustion, pyrolysis, or co-firing. (2) Cellulosic refiner.--The term ``cellulosic refiner'' means the owner or operator of a cellulosic refinery. (3) Cellulosic refinery.--The term ``cellulosic refinery'' means a refinery that processes a cellulosic crop. (4) Qualifed cellulosic crop.--The term ``qualified cellulosic crop'' means, with respect to an agricultural producer, a cellulosic crop which is-- (A) the subject of a contract (or memorandum of understanding) between the producer and a cellulosic refiner, under which the producer is obligated to sell the crop to the refiner at a certain date in the future; and (B) produced not more than 70 miles from a cellulosic refinery owned or operated by the refiner. (5) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (c) Amount of Payment.-- (1) Determined by formula.--The Secretary shall devise a formula to be used to calculate the amounts of the payments to be made to an agricultural producer under this section, which shall be based on the opportunity costs incurred by the producer during the 1st year in which the producer devotes land to the production of the qualified cellulosic crop, subject to paragraph (2) of this subsection. The Secretary shall prescribe a standard to be used to determine opportunity costs using land rental rates and other costs determined by the Secretary. (2) Limitation.--The total of the amounts paid to a single producer under this section shall not exceed 25 percent of the funds made available under subsection (e) for the fiscal year in which the amounts are so paid. (d) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out this section. (e) Limitations on Authorization of Appropriations.-- (1) In general.--To carry out this section, there are authorized to be appropriated to the Secretary not more than $4,088,000 for each of fiscal years 2008 through 2012. (2) Availability of funds.--The amounts made available under paragraph (1) are authorized to remain available until expended. SEC. 8. CREDIT FOR INSTALLATION OF WIND ENERGY PROPERTY INCLUDING BY RURAL HOMEOWNERS, FARMERS, RANCHERS, AND SMALL BUSINESSES. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 30D. WIND ENERGY PROPERTY. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to $1,500 with respect to each half kilowatt of capacity of qualified wind energy property placed in service or installed by the taxpayer during such taxable year. ``(b) Limitation.--No credit shall be allowed under subsection (a) unless at least 50 percent of the energy produced annually by the qualified wind energy property is consumed on the site on which the property is placed in service or installed. ``(c) Qualified Wind Energy Property.--For purposes of this section, the term `qualified wind energy property' means a wind turbine of 100 kilowatts of rated capacity or less if-- ``(1) such turbine is placed in service or installed on or in connection with property located in the United States, ``(2) in the case of an individual, the property on or in connection with which such turbine is installed is a dwelling unit, ``(3) the original use of such turbine commences with the taxpayer, and ``(4) such turbine carries at least a 5-year limited warranty covering defects in design, material, or workmanship, and, for property that is not installed by the taxpayer, at least a 5-year limited warranty covering defects in installation. ``(d) Limitation Based on Amount of Tax.-- ``(1) In general.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under this part (other than under this section and subpart C thereof, relating to refundable credits) and section 1397E. ``(2) Carryover of unused credit.--If the credit allowable under subsection (a) exceeds the limitation imposed by paragraph (1) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. ``(e) Special Rules.--For purposes of this section-- ``(1) Tenant-stockholder in cooperative housing corporation.--In the case of an individual who is a tenant- stockholder (as defined in section 216(b)(2)) in a cooperative housing corporation (as defined in section 216(b)(1)), such individual shall be treated as having paid his tenant- stockholder's proportionate share (as defined in section 216(b)(3)) of any expenditures paid or incurred for qualified wind energy property by such corporation, and such credit shall be allocated appropriately to such individual. ``(2) Condominiums.-- ``(A) In general.--In the case of an individual who is a member of a condominium management association with respect to a condominium which he owns, such individual shall be treated as having paid his proportionate share of expenditures paid or incurred for qualified wind energy property by such association, and such credit shall be allocated appropriately to such individual. ``(B) Condominium management association.--For purposes of this paragraph, the term `condominium management association' means an organization which meets the requirements of section 528(c)(2) with respect to a condominium project of which substantially all of the units are used by individuals as dwelling units. ``(f) Basis Adjustment.--For purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to a dwelling unit or other property, the increase in the basis of such dwelling unit or other property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed. ``(g) Application of Credit.--The credit allowed under this section shall apply to property placed in service or installed after December 31, 2006, and before January 1, 2012.''. (b) Conforming Amendment.--Subsection (a) of section 1016 of the Internal Revenue Code of 1986 (relating to general rule for adjustments to basis) 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) in the case of a dwelling unit or other property with respect to which a credit was allowed under section 30D, to the extent provided in section 30D(f).''. (c) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 30C the following new item: ``Sec. 30D. Wind energy property.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 31, 2006. SEC. 9. MODIFICATION OF ACCOUNTING PRACTICES. Within 18 months after the date of enactment of this Act, the Securities and Exchange Commission shall revise the accounting practices to be followed in the preparation of accounts by persons engaged, in whole or in part, in the production of crude oil or natural gas in the United States that were developed pursuant to section 503 of the Energy Policy Conservation Act (42 U.S.C. 6383) to establish a renewable reserves classification and disclosure system. Such classification and disclosure system shall treat contracted biomass crops for a cellulosic biorefinery as renewable reserves.

Rural America Energy Act of 2007 - Amends the Farm Security and Rural Investment Act of 2002 to redefine "bioenergy" to include: (1) cellulosic cogeneration; (2) biomass gasification; and (3) hydrogen made from cellulosic commodities for fuel cells. Instructs the Secretary of Agriculture (Secretary) to make available increased funds of the Commodity Credit Corporation to implement: (1) the bioenergy program; (2) renewable energy systems and energy efficiency improvements; and (3) grants for small projects. Amends the Internal Revenue Code to: (1) provide a five-year extension of credit for electricity produced from certain renewable resources; and (2) allow a tax credit for certain wind energy property placed in service or installed by the taxpayer during the taxable year. Instructs the Secretary of Energy to spend up to $1 million to fund feasibility studies for the construction of dedicated ethanol pipelines. Amends the Food Security Act of 1985 to: (1) extend the conservation reserve program through calendar 2012; and (2) direct the Secretary to ensure that, as contracts expire and lands are taken out of the program, the lands are replaced with the most environmentally sensitive acres, so that the program continues to protect highly erodible lands while increasing the acreage outside of the program available for the production of crops to accommodate biofuel production. Instructs the Secretary to make transitional assistance payments to an agricultural producer during the first year in which the producer devotes land to the production of a qualified cellulosic crop. Requires the Securities and Exchange Commission to revise specified accounting practices of persons engaged in crude oil or natural gas production in the United States to establish a renewable reserves classification and disclosure system, which shall treat contracted biomass crops for a cellulosic biorefinery as renewable reserves.

{"src": "billsum_train", "title": "To increase the diversity and independence of the United States energy supply by providing encouragement of energy sources from rural America, including biofuels and wind energy, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Quality Cancer Care for Life Act of 2010''. SEC. 2. IMPROVING QUALITY OF CANCER CARE AND QUALITY OF LIFE FOR PATIENTS AND SURVIVORS. Title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by adding at the end the following: ``SEC. 317U. INFORMATION, SUPPORT, AND OUTCOMES MONITORING TO IMPROVE QUALITY CARE AND QUALITY OF LIFE FOR CANCER PATIENTS AND SURVIVORS. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention (in this section referred to as the `Director'), shall improve the quality of cancer care and quality of life for cancer patients and survivors by expanding cancer control programs of the Centers for Disease Control and Prevention, including the National Comprehensive Cancer Control Program and the National Program of Cancer Registries. ``(b) Coordination of Federal Cancer Care and Survivorship.-- ``(1) In general.--The Secretary shall direct the coordination of appropriate agencies described in paragraph (2) for the following purposes: ``(A) To develop information and support to States to-- ``(i) incorporate evidence-based, best practice strategies into Comprehensive Cancer Control Program activities and services of such States; and ``(ii) improve systems of care and care delivery by including promotion of care supporting quality of life for cancer patients, survivors, and the family caregivers of such patients and survivors. ``(B) To develop service delivery efforts with special emphasis on addressing the particular needs of childhood and adolescent cancer patients and survivors, as well as patients and survivors in low-income, racial, or ethnic minority groups, and other medically underserved populations. ``(C) To improve the National Program of Cancer Registries and other existing surveillance systems for tracking cancer patients and survivors and assessing their health status and risk for other chronic and disabling conditions. ``(2) Appropriate agencies.--Appropriate agencies described in this paragraph include the Office of Cancer Survivorship at the National Cancer Institute, the National Institute of Nursing Research, and such other appropriate agencies as determined by the Secretary. ``(c) Improving State and Local Programs To Address Cancer Care and Survivorship.--In conducting or supporting State and local comprehensive cancer control programs through the Centers for Disease Control and Prevention, the Secretary shall provide funding and support to States, localities, and territories to expand and enhance such programs for the following purposes: ``(1) To include emphasis on quality cancer care and survivorship, and provide information and support for quality care initiatives for all cancer patient and survivor populations including women, children, adolescent, minority, and other medically underserved populations. ``(2) To develop and strengthen community outreach and education programs, resources, interventions, and campaigns; strengthen community information delivery systems to inform patients, survivors, and family members about quality of life support and services available to relieve pain, symptoms and stress; increase awareness of treatment and post-treatment health risks and challenges; and provide follow-up care important for survivors. Such programs may-- ``(A) create and disseminate easily accessible, culturally appropriate communication materials and resources tailored to specific audiences; ``(B) inform patients, survivors, and family caregivers about particular symptoms, side effects, and late effects often associated with specific types of cancer or treatments and the importance of addressing them as essential elements of quality health care across the life course, including information on pain, nausea, fatigue, or other physical symptoms; worry, stress, or other psychological or emotional symptoms; lymphedema; cancer-related oral health issues and oral care; sexual dysfunction; fertility concerns and fertility preservation options; specific side effects or late effects that may affect overall health and well being; survivorship follow up care; and any other health-related conditions that are known to be experienced as a result of cancer by patients, survivors, and their family caregivers across the life course; ``(C) provide resource and referral information about other specific issues faced by cancer patients, survivors, and their families, including financial concerns, employment rights, medical leave, insurance coverage, anticipating and managing late effects of treatment and recurrent disease, advance care planning (including advance directives, living wills, and durable powers of attorney), and other care planning involved in health and medical decision-making; and ``(D) assist patients, survivors, and family caregivers with information about how to communicate effectively with health professionals about physical and psychological symptoms, and limitations or barriers to normal daily function that may be caused by treatment of cancer. ``(3) To include special emphasis on addressing the particular needs of children and adolescent cancer patients and survivors, as well as patients and survivors in low-income, racial, or ethnic minority groups, and other medically underserved populations. ``(d) Cancer Care and Survivorship Demonstration Grants.-- ``(1) In general.--The Director shall award competitive grants to States, localities, and not-for-profit organizations for the purposes of developing, implementing, and evaluating cancer case management and coordination programs to enhance the quality of cancer care and quality of life for patients and survivors and to improve cancer outcomes. Specific emphasis shall be on addressing relief of symptoms, pain, side effects, and stress; increasing patient awareness of treatment and post- treatment health risks; and survivor care. ``(2) Application.--A State, locality, or not-for-profit organization seeking a grant under this subsection shall submit to the Director an application (at such time, in such manner, and containing such information as the Director may require), including assurances that the State, locality, or entity will-- ``(A) serve medically underserved populations through specific outreach activities and coordinate culturally competent and appropriate care in accordance with existing, relevant departmental guidelines; and ``(B) evaluate and disseminate to the public annually detailed information about program activities. ``(3) Use of funds.--A State, locality, or not-for-profit entity shall use grant amounts awarded under this subsection to carry out programs that create partnerships with community organizations, including health care providers, cancer centers, hospitals, community health centers, palliative care programs, psychosocial care programs, hospice programs, home care, nonprofit organizations, health plans to facilitate access to integrated care services that support quality of life needs for patients, survivors, and family caregivers. Such activities shall include-- ``(A) patient navigation and referrals, including assistance to patients and survivors in finding support groups; ``(B) interventions for patients, survivors, and caregivers; pain management; palliative care; psychosocial care; hospice; or other end of life care programs; ``(C) general advocacy on behalf of patients, survivors, and families; and ``(D) an evaluation to identify best practices to improve the coordination of cancer and survivorship care services and activities. ``(4) Evaluation and reporting.--The Director shall evaluate activities funded under this subsection and shall submit to Congress (and disseminate to the public) reports related to such evaluation, including findings, outcomes, and other program information. The first report shall be submitted not later than January 1, 2013, with updates provided every three years thereafter. ``(e) Health Care Professional Education and Training Demonstration Grants.-- ``(1) In general.--The Director shall award competitive grants to not-for-profit entities or qualified individuals for the purpose of training individuals to undertake the quality of life needs of cancer patients, survivors, and family caregivers. ``(2) Application.--A not-for-profit entity or qualified individual seeking a grant under this subsection shall submit an application to the Director at such time, and in such manner, and containing such information as the Director may require, including assurances that the entity or individual will-- ``(A) improve health professional communication skills in caring for patients and survivors to more effectively assess and address their quality of life or survivorship concerns; ``(B) assess and relieve pain, symptoms, side effects, and stress associated with cancer and its treatment; ``(C) promote care planning to align treatment with patient and family goals; ``(D) anticipate and communicate about cancer treatment and post-treatment health risks and follow-up care; ``(E) provide palliative, psychosocial, or other care to support quality of life integrated as part of disease-directed treatment to improve quality of cancer care; ``(F) promote use of survivorship care planning; ``(G) improve cultural sensitivity, communication, and patient care for minority and medically underserved populations, including addressing the particular needs of children, adolescents, and their families; racial and ethnic groups, and other medically underserved cancer patient and survivor populations; and ``(H) collect and analyze data related to the effectiveness of education and training efforts. ``(3) Use of funds.--An eligible entity shall use grant amounts awarded under this subsection to train and develop individuals with skills needed to assist the quality of life needs of cancer patients, survivors, and family caregivers by addressing symptoms, pain, side effects, stress, treatment, and post-treatment health risks and train individuals to assist in arranging follow-up care across the life course. ``(4) Evaluation.--The Secretary shall develop and implement a plan for evaluating the effects of professional training programs funded through this subsection. ``(5) Definition.--For purposes of this subsection, the term `qualified individual' means a physician, nurse, social worker, chaplain, psychologist, or other individual who is involved in providing palliative care and symptom management services to cancer patients. ``(f) Quality of Life Advisory Committee.-- ``(1) Establishment.--Not later than 90 days after the date of the enactment of this section, the Secretary shall establish a Quality of Life Advisory Committee (in this subsection referred to as the `advisory committee') to advise, coordinate, and assist the Centers for Disease Control and Prevention in creating and conducting the cancer quality of life and survivorship activities, program enhancements, and training initiatives specified in subsections (a) through (e). ``(2) Membership.--The Secretary shall appoint to the advisory committee such members as the Secretary considers necessary, and shall include individuals and representatives of public and private organizations with expertise in cancer treatment and care; pain, symptom, and stress management; and cancer survivorship. ``(3) Duties.--The advisory committee shall meet at least once a year and shall-- ``(A) consider and summarize recent advances achieved in cancer symptom management and survivorship research relevant to the goals of this section and identify gaps in basic, clinical, behavioral, or other research required to achieve further improvements in care to support quality of life and survivorship; and ``(B) annually submit to the Secretary a report on the findings described in subparagraph (A) with recommendations about additional research needed to improve care for cancer patients, survivors, and families that will support quality of life and survivorship. ``(g) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated such sums as are necessary.''. SEC. 3. ENHANCING RESEARCH IN SUPPORT OF QUALITY OF LIFE, AND CANCER SURVIVORSHIP. Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended by adding at the end the following: ``SEC. 409K. QUALITY CANCER CARE AND CANCER SURVIVORSHIP RESEARCH. ``(a) In General.--The Director of the National Institutes of Health shall, in coordination with recommendations of the Quality of Life Advisory Committee established under section 317U(f), undertake additional cancer quality of life and survivorship research that addresses pain, symptom management, side effects and late effects, and psychosocial factors to improve cancer clinical communication and care planning, treatment and post-treatment, and follow-up care across the life course. ``(b) Authorized Research.--Research supported under this section may include at least the following: ``(1) Examination of evidence-based practices relating to cancer care, survivorship, and follow-up care including comparing community-based public health interventions. ``(2) Analysis of the translation of cancer interventions from academic settings to real world settings. ``(3) Lifestyle, behavioral, and other research on the impact of cancer treatment and survivorship. ``(4) Formative research to assist with the development of educational messages and information, for dissemination to targeted populations such as children, adolescents, racial and ethnic minority groups, and other medically underserved groups, on the residual effects of cancer treatment. ``(5) Health disparities in cancer survivorship outcomes within minority or other medically underserved populations. ``(6) Intervention research to prevent or treat the post- treatment effects of cancer treatment. ``(7) Identification of the unique needs of patients who are diagnosed with rare or deadly cancers or cancers that have not been well studied. ``(8) Development of a consistent, standardized model of service delivery for cancer-related follow-up care across cancer centers and community oncology practices. ``(9) Development, testing, and communication of messages for patients, survivors, and health professionals that will improve understanding, demand for, and delivery of care to relieve pain, symptoms, stress, and other quality of life factors associated with serious illnesses such as cancer. ``(c) Funding.--Such funds as necessary to accomplish the requirements of subsection (a) shall be available from funds reserved under section 402A(c)(1) for the Common Fund or otherwise available for such initiatives.''.

Quality Cancer Care for Life Act of 2010 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS), acting through the Director of the Centers for Disease Control and Prevention (CDC), to improve the quality of cancer care and the quality of life for cancer patients and survivors by expanding CDC cancer control programs, including the National Comprehensive Cancer Control Program and the National Program of Cancer Registries. Requires the Director of CDC to award grants to: (1) develop, implement, and evaluate cancer case management and coordination programs to enhance the quality of cancer care and the quality of life for patients and survivors and to improve cancer outcomes; and (2) train individuals to undertake the quality of life needs of cancer patients, survivors, and family caregivers. Requires the Secretary to establish a Quality of Life Advisory Committee to advise, coordinate, and assist the CDC in creating and conducting the cancer quality of life and survivorship activities, program enhancements, and training initiatives under this Act. Requires the Director of the National Institutes of Health (NIH) to undertake additional cancer quality of life and survivorship research that addresses pain, symptom management, side effects and late effects, and psychosocial factors to improve cancer clinical communication and care planning, treatment and post-treatment, and follow-up care across the life course.

{"src": "billsum_train", "title": "To amend the Public Health Service Act to improve quality of cancer care and quality of life for patients and survivors by coordinating development and distribution of information about relieving pain, symptoms, side effects, and stress; increasing awareness of treatment and post-treatment health risks for survivors; enhancing research into symptom management and survivorship; increasing health care professional education and training; reducing health disparities in cancer treatment, symptom management, and survivorship care; and expanding and enhancing cancer registries; and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Saving Fishing Jobs Act of 2011''. SEC. 2. APPROVAL OF CERTAIN LIMITED ACCESS PRIVILEGE PROGRAMS. (a) Eligibility To Sign Petition.--Section 303A(c)(6)(B) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1853a(c)(6)(B)) is amended by striking ``For multispecies permits'' and all that follows through ``this subparagraph''. (b) Initiation by Eligible Fishermen Under Certain Councils.-- Section 303A(c)(6)(D) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1853a(c)(6)(D)) is amended to read as follows: ``(D) New england, mid-atlantic, south atlantic, and gulf initiation.-- ``(i) In general.--In the case of a fishery under the authority of the New England, Mid- Atlantic, South Atlantic, or Gulf of Mexico Fishery Management Council, a fishery management plan or an amendment to a fishery management plan that would establish a limited access privilege program to harvest fish may not take effect unless-- ``(I) a petition requesting development of such program is submitted in accordance with clause (ii) and certified under clause (iii); ``(II) the Council makes available to eligible fishermen an estimate of the amount of the fee that would be collected under section 304(d)(2) if such program were established; and ``(III) not earlier than 90 days after the estimate required under subclause (II) has been made available, the proposed plan or amendment is approved by a vote of two-thirds of eligible fishermen in the fishery for which the program would be established. ``(ii) Petition.--A group of fishermen constituting more than 50 percent of eligible fishermen in a fishery may submit a petition to the Secretary requesting the development of a limited access privilege program for the fishery. Any such petition shall clearly state the fishery to which the limited access privilege program would apply. ``(iii) Certification by secretary.--Upon the receipt of any such petition, the Secretary shall review all of the signatures on the petition and, if the Secretary determines that the signatures on the petition are those of more than 50 percent of eligible fishermen in the fishery for which the program would be established, the Secretary shall certify the petition. ``(iv) Definition of eligible fishermen.-- For purposes of this subparagraph, the term `eligible fishermen' means holders of permits issued under a fishery management plan.''. SEC. 3. TERMINATION OF CERTAIN LIMITED ACCESS PRIVILEGE PROGRAMS. Section 303A of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1853a) is amended by adding at the end the following: ``(j) Termination.-- ``(1) In general.--The Secretary shall terminate a limited access privilege program established after the date of the enactment of the Saving Fishing Jobs Act of 2011 for a fishery under the authority of the New England, Mid-Atlantic, South Atlantic, or Gulf of Mexico Fishery Management Council, on the first date on which the Secretary determines that the number of eligible fishermen in the fishery in a year is at least 15 percent less than the number of eligible fishermen in the fishery in the year preceding the year in which the program was established. ``(2) Definition of eligible fishermen.--In this subsection, the term `eligible fishermen' has the meaning given the term in subsection (c)(6)(D)(iv).''. SEC. 4. FEES RECOVERED FOR CERTAIN LIMITED ACCESS PRIVILEGE PROGRAMS. Section 304(d)(2) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1854(d)(2)) is amended by adding at the end the following: ``(D) In the case of a fee collected under subparagraph (A) for a limited access privilege program established under section 303A(c)(6)(D) after the date of the enactment of the Saving Fishing Jobs Act of 2011-- ``(i) the fee shall be in an amount sufficient to recover all costs of such program, including observer costs; and ``(ii) the 3-percent limitation in subparagraph (B) shall not apply with respect to such fee.''.

Saving Fishing Jobs Act of 2011 - Amends the Magnuson-Stevens Fishery Conservation and Management Act, with respect to multispecies fishing permits in the Gulf of Mexico, to remove a provision limiting the eligible signers (a group of fishermen constituting more than 50% of the permit holders, or holding more than 50% of the allocation in the fishery) of a petition to the Secretary of Commerce requesting that the relevant Regional Fishery Management Council or Councils be authorized to initiate the development of a limited access privilege program to only those participants who have substantially fished the species proposed to be included in the program. Sets forth procedures for: (1) certifying a fishery management plan (or amendment) requested by a percentage of eligible fisherman to establish a limited access privilege program to harvest in fisheries under the authority of the New England, Mid-Atlantic, South Atlantic, or Gulf of Mexico Fishery Management Council; (2) terminating such a program established after enactment of this Act for a fishery under the authority of such Councils on the first date the number of eligible fishermen in the fishery in a year is at least 15% less than in the year preceding the program's establishment; and (3) collecting fees, including observer costs, pursuant to modified fee-setting requirements for such programs.

{"src": "billsum_train", "title": "To amend the Magnuson-Stevens Fishery Conservation and Management Act to permit eligible fishermen to approve certain limited access privilege programs, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Economic Sanctions Act of 2016''. SEC. 2. ESTABLISHMENT OF AN ECONOMIC SANCTIONS STRATEGY, COORDINATION, AND PLANNING GROUP. (a) In General.--Subchapter I of chapter 3 of subtitle I of title 31, United States Code, is amended by adding at the end the following new section: ``Sec. 316. Economic Sanctions Strategy, Coordination, and Planning Group ``(a) Establishment.--There is established within the Department of the Treasury an Economic Sanctions Strategy, Coordination, and Planning Group (in this section referred to as the `Group'), which shall-- ``(1) be within the Office of Terrorism and Financial Intelligence; and ``(2) report directly to the Secretary of the Treasury. ``(b) Membership.--The members of the Group shall include-- ``(1) the Undersecretary of the Treasury for Terrorism and Financial Crimes, who shall serve as chairperson of the Group; and ``(2) a senior level representative (selected by the Undersecretary for Terrorism and Financial Crimes) from each of the following offices and bureau of the Department of the Treasury: ``(A) The Office of International Affairs. ``(B) The Office of Economic Policy. ``(C) The Office of Legislative Affairs. ``(D) The Office of Foreign Assets Control. ``(E) The Office of Intelligence and Analysis. ``(F) The Office of Terrorist Financing. ``(G) The Financial Crimes Enforcement Network. ``(c) Functions.-- ``(1) Contingency planning.-- ``(A) In general.--The Group shall conduct contingency planning to enable the Office of Foreign Assets Control to rapidly impose, monitor, and enforce an economic sanctions program against a foreign country or entity pursuant to the authority of the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or any other provision of law. ``(B) Considerations.--The contingency planning required under subparagraph (A) shall be based on and guided by the following considerations: ``(i) The estimated vulnerability of the foreign country or entity to economic sanctions. ``(ii) Whether certain types of economic sanctions will be more effective against the economy of the foreign country or entity. ``(iii) Whether economic sanctions can be imposed against the foreign country or entity with limited costs to the economy of the United States. ``(iv) Whether economic sanctions will be more effective if imposed unilaterally by the United States or in conjunction with other foreign countries and international entities. ``(v) The manner in which economic sanctions will be lifted. ``(2) Strategy to improve united states economic sanctions policy.--The Group shall-- ``(A) review each economic sanctions program administered by the Office of Foreign Assets Control to identify-- ``(i) specific problems with each economic sanctions program; and ``(ii) general problems with United States economic sanctions policy; and ``(B) create a strategy to improve each economic sanctions program administered by the Office of Foreign Assets Control and United States economic sanctions policy. ``(3) Interagency coordination.--The Undersecretary for Terrorism and Financial Crimes shall-- ``(A) coordinate the development of United States economic sanctions policy with the Department of State, Department of Defense, Department of Justice, Department of Commerce, National Security Council, Office of the Director of National Intelligence, and any other executive agency as the President may designate; and ``(B) ensure that information related to United States economic sanctions policy is shared equally between the departments and entities described in subparagraph (A). ``(d) Meetings.--The Group may not meet less than once per month. ``(e) Support Staff.--The Undersecretary for Terrorism and Financial Crimes or the Secretary of the Treasury may assign on a non- reimbursable basis any personnel of the Department of the Treasury to the Group to assist the Group in carrying out the functions under subsection (c). ``(f) Consultations.--In carrying out the functions under subsection (c), the Group may consult with policy experts from academia, research organizations, the private sector, and other relevant organizations and institutions. ``(g) Annual Reports to Congress.-- ``(1) In general.--Not later than July 1, 2017, and annually thereafter, the Group shall submit to the Committees on Foreign Affairs and Ways and Means of the House of Representatives, the Committees on Foreign Relations and Banking, Housing, and Urban Affairs of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, and the Select Committee on Intelligence of the Senate a report which-- ``(A) shall include-- ``(i) an overview of the contingency planning described in subsection (c)(1); ``(ii) an annex of the problems identified pursuant to subsection (c)(2)(A); ``(iii) the strategy created under subsection (c)(2)(B); ``(iv) an overview of the interagency coordination described in subsection (c)(3); ``(v) an annex of the policy experts with whom the Group consulted under subsection (f); and ``(vi) a comprehensive sanctions impact assessment; and ``(B) may include a classified index and closed briefings for the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. ``(2) Components of comprehensive sanctions impact assessment.--The comprehensive sanctions impact assessment required under paragraph (1)(A)(vi)-- ``(A) may be completed using a variety of social scientific research methods, including quantitative research methods, qualitative research methods, econometrics, and formal modeling; and ``(B) shall include-- ``(i) an assessment of each economic sanctions program administered by the Office of Foreign Assets Control, including the impact of the sanctions on the economy of the foreign country or entity, the impact of the sanctions on the economy of the United States, and, if applicable, the behavioral changes of the foreign country or entity in response to the sanctions; and ``(ii) an annex of the social scientific research methods that were used to complete each assessment under clause (i). ``(3) Public availability.--Each report submitted under this subsection, excluding classified information, shall be made publicly available on the website of the Department of the Treasury and may be amended as an economic sanctions program is lifted or modified. ``(h) Definitions.--In this section: ``(1) Executive agency.--The term `executive agency' has the meaning given the term in section 105 of title 5, United States Code. ``(2) United states economic sanctions policy.--The term `United States economic sanctions policy' means the measures by which the Department of the Treasury develops, implements, monitors, enforces, and lifts sanctions against a foreign country or entity pursuant to the authority of the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or any other provision of law.''. (b) Conforming Amendment.--Section 312(a)(6) of such title is amended by adding at the end the following new subparagraph: ``(G) The Economic Sanctions Strategy, Coordination, and Planning Group, which shall report directly to the Secretary of the Treasury.''. (c) Clerical Amendment.--The table of sections at the beginning of chapter 3 of such title is amended by inserting after the item relating to section 315 the following new item: ``316. Economic Sanctions Strategy, Coordination, and Planning Group.''.

Improving Economic Sanctions Act of 2016 This bill establishes within the Office of Terrorism and Financial Intelligence of the Department of the Treasury an Economic Sanctions Strategy, Coordination, and Planning Group. The group shall conduct contingency planning to enable the Office of Foreign Assets Control (OFAC) to impose, monitor, and enforce a program of economic sanctions against a foreign country or entity pursuant to the International Emergency Economic Powers Act. The group shall: (1) review OFAC economic sanctions programs to identify specific problems with such programs and general problems with U.S. economic sanctions policy, and (2) create a strategy to improve such programs and policy. The Office of Terrorism and Financial Crimes shall coordinate the development of U.S. economic sanctions policy with the Departments of State, Defense, Justice, and Commerce; the National Security Council; and the Office of the Director of National Intelligence.

{"src": "billsum_train", "title": "Improving Economic Sanctions Act of 2016"}

SECTION 1. MINING CLAIMS ON STOCK RAISING HOMESTEAD ACT LANDS. (a) Mineral Entry Under the Stock Raising Homestead Act.--Section 9 of the Act of December 29, 1916, entitled ``An Act to provide for stock-raising homesteads, and for other purposes'' (43 U.S.C. 299), is amended by adding the following at the end thereof: ``(b) Exploration; Location of Mining Claims; Notices.-- ``(1) In general.--(A) Notwithstanding subsection (a) and any other provision of law to the contrary, after the effective date of this subsection no person other than the surface owner may enter lands subject to this Act to explore for, or to locate, a mining claim on such lands without-- ``(i) filing a notice of intention to locate a mining claim pursuant to paragraph (2); and ``(ii) providing notice to the surface owner pursuant to paragraph (3). ``(B) Any person who has complied with the requirements referred to in subparagraph (A) may, during the authorized exploration period, in order to locate a mining claim, enter lands subject to this Act to undertake mineral activities related to exploration that cause no more than a minimal disturbance of surface resources and do not involve the use of mechanized earthmoving equipment, explosives, the construction of roads, drill pads, or the use of toxic or hazardous materials. ``(C) The authorized exploration period referred to in subparagraph (B) shall begin 30 days after notice is provided under paragraph (3) with respect to lands subject to such notice and shall end with the expiration of the 90-day period referred to in paragraph (2)(A) or any extension provided under paragraph (2). ``(2) Notice of intention to locate a mining claim.--Any person seeking to locate a mining claim on lands subject to this Act in order to engage in the mineral activities relating to exploration referred to under paragraph (1)(B) shall file with the Secretary of the Interior a notice of intention to locate a claim on the lands concerned. The notice shall be in such form as the Secretary shall prescribe. The notice shall contain the name and mailing address of the person filing the notice and a legal description of the lands to which the notice applies. The legal description shall be based on the public land survey or on such other description as is sufficient to permit the Secretary to record the notice on the land status records of the Secretary. Whenever any person has filed a notice under this paragraph with respect to any lands, during the 90-day period following the date of such filing, or any extension thereof pursuant to this paragraph, no other person (including the surface owner) may-- ``(A) file such a notice with respect to any portions of such lands; ``(B) explore for minerals or locate a mining claim on any portion of such lands; or ``(C) file an application to acquire any interest in any portion of such lands pursuant to section 209 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1719). If, within such 90-day period, the person who filed a notice under this paragraph files a plan of operations with the Secretary pursuant to subsection (f), such 90-day period shall be extended until the approval or disapproval of the plan by the Secretary pursuant to subsection (f). ``(3) Notice to surface owner.--Any person who has filed a notice of intention to locate a mining claim under paragraph (2) for any lands subject to this Act shall provide written notice of such filing, by registered or certified mail with return receipt, to the surface owner (as evidenced by local tax records) of the lands covered by the notice under paragraph (2). The notice shall be provided at least 30 days before entering such lands and shall contain each of the following: ``(A) A brief description of the proposed mineral activities. ``(B) A map and legal description of the lands to be subject to mineral exploration. ``(C) The name, address and phone number of the person managing such activities. ``(D) A statement of the dates on which such activities, will take place. ``(4) Acreage limitations.--The total acreage covered at any time by notices of intention to locate a mining claim under paragraph (2) filed by any person and by affiliates of such person may not exceed 6,400 acres of lands subject to this Act in any one State and 1,280 acres of such lands for a single surface owner. For purposes of this paragraph, the term `affiliate' means, with respect to any person, any other person which controls, is controlled by, or is under common control with, such person. ``(c) Consent.--Notwithstanding subsection (a) and any other provision of law, after the effective date of this subsection no person may engage in the conduct of mineral activities (other than those relating to exploration referred to in subsection (b)(1)(B)) on a mining claim located on lands subject to this Act without the written consent of the surface owner thereof unless the Secretary has authorized the conduct of such activities under subsection (d). ``(d) Authorized Mineral Activities.--The Secretary shall authorize a person to conduct mineral activities (other than those relating to exploration referred to in subsection (b)(1)(B)) on lands subject to this Act without the consent of the surface owner thereof if such person complies with the requirements of subsections (e) and (f). ``(e) Bond.--(1) Before the Secretary may authorize any person to conduct mineral activities the Secretary shall require such person to post a bond or other financial guarantee in an amount to insure the completion of reclamation pursuant to this Act. Such bond or other financial guarantee shall ensure-- ``(A) payment to the surface owner, after the completion of such mineral activities and reclamation, compensation for any permanent damages to crops and tangible improvements of the surface owner that resulted from mineral activities; and ``(B) payment to the surface owner of compensation for any permanent loss of income of the surface owner due to loss or impairment of grazing, or other uses of the land by the surface owner to the extent that reclamation required by the plan of operations would not permit such uses to continue at the level existing prior to the commencement of mineral activities. ``(2) In determining the bond amount to cover permanent loss of income under paragraph (1)(B), the Secretary shall consider, where appropriate, the potential loss of value due to the estimated permanent reduction in utilization of the land. ``(f) Plan or Operations.--(1) Before the Secretary may authorize any person to conduct mineral activities on lands subject to this Act, the Secretary shall require such person to submit a plan of operations. Such plan shall include procedures for-- ``(A) the minimization of damages to crops and tangible improvements of the surface owner; ``(B) the minimization of disruption to grazing or other uses of the land by the surface owner; and ``(C) payment of a fee for the use of surface during mineral activities equivalent to the loss of income to the ranch operation as established pursuant to subsection (g). ``(2) The Secretary shall provide a copy of the proposed plan of operations to the surface owner at least 45 days prior to the date the Secretary makes a determination as to whether such plan complies with the requirements of this subsection. During such 45-day period the surface owner may submit comments and recommend modifications to the proposed plan of operations to the Secretary. ``(3)(A) The Secretary shall, within 60 days of receipt of the plan, approve the plan of operations if it complies with the requirements of this Act, including each of the following: ``(i) The proposed plan of operations is complete and accurate. ``(ii) The persons submitting the proposed plan of operations has demonstrated that all other applicable Federal and State requirements have been met. ``(B) The Secretary shall notify the person submitting a plan of operations of any modifications to such plan required to bring it into compliance with the requirements of this Act. If the person submitting the plan agrees to modify such plan in a manner acceptable to the Secretary, the Secretary shall approve the plan as modified. In the event no agreement can be reached on the modifications to the plan which, in the opinion of the Secretary, will bring such plan into compliance with the requirements of this Act, then the Secretary shall disapprove the plan and notify both the surface owner and the person submitting the plan of the decision. ``(C) The 60-day period referred to in subparagraph (A) may be extended by the Secretary where additional time is required to comply with other applicable requirements of law. ``(D) The Secretary shall suspend or revoke a plan of operation whenever the Secretary determines, on the Secretary's own motion or on a motion made by the surface owner, that the person conducting mineral activities is in substantial noncompliance with the terms and conditions of an approved plan of operations and has failed to remedy a violation after notice from the Secretary within the time required by the Secretary. ``(4) Final approval of a plan of operations under this subsection shall be conditioned upon compliance with subsections (e) and (g). ``(g) Fee.--The fee referred to in subsection (f)(1) shall be-- ``(1) paid to the surface owner by the person submitting the plan of operations; ``(2) paid in advance of any mineral activities or at such other time or times as may be agreed to by the surface owner and the person conducting such activities; and ``(3) established by the Secretary taking into account the acreage involved and the degree of potential disruption to existing surface uses during mineral activities (including the loss of income to the surface owner and such surface owner's operations due to the loss or impairment of existing surface uses for the duration of the mineral activities), except that such fee shall not exceed the fair market value for the surface of the land. ``(h) Reclamation.--Lands affected by mineral activities under a plan of operations approved pursuant to subsection (f)(3) shall be reclaimed, to the maximum extent practicable, to a condition capable of supporting the uses to which such lands were capable of supporting prior to surface disturbance. Reclamation shall proceed as contemporaneously as practicable with the conduct of mineral activities. ``(i) State Law.--(1) Nothing in this Act shall be construed as affecting any reclamation, bonding, inspection, enforcement, air or water quality standard or requirement of any State law or regulation which may be applicable to mineral activities on lands subject to this Act to the extent that such law or regulation is not inconsistent with this title. ``(2) Nothing in this Act shall be construed as affecting in any way the right of any person to enforce or protect, under applicable law, the interest of such person in water resources affected by mineral activities. ``(j) Inspections.--Should any surface owner of land subject to this Act have reason to believe that they are or may be adversely affected by mineral activities due to any violation of the terms and conditions of a plan of operations approved under subsection (f), such surface owner may request an inspection of such lands. ``The Secretary shall determine within 10 days of the receipt of the request whether the request states a reason to believe that a violation exists, except in the event the surface owner alleges and provides reason to believe that an imminent danger exists, the 10-day period shall be waived and the inspection conducted immediately. When an inspection is conducted under this paragraph, the Secretary shall notify the surface owner and such surface owner shall be allowed to accompany the inspector on the inspection. ``(k) Damages for Failure To Comply.--(1) Whenever the surface owner of any land subject to this Act has suffered any permanent damages to crops or tangible improvements of the surface owner, or any permanent loss of income due to loss or impairment of grazing, or other uses of the land by the surface owner, if such damages or loss result from-- ``(A) any mineral activity undertaken without the consent of the surface owner under subsection (c) or an authorization by the Secretary under subsection (d); or ``(B) the failure of the person conducting mineral activities to remedy to the satisfaction of the Secretary any substantial noncompliance with the terms and conditions of a plan under subsection (f); the surface owner may bring an action in the appropriate United States district court for, and the court may award, double damages plus costs for willful misconduct or gross negligence. ``(2) The surface owner of any land subject to this Act may also bring an action in the appropriate United States district court for double damages plus costs for willful misconduct or gross negligence against any person undertaking any mineral activities on lands subject to this Act in violation of any requirement of subsection (b). ``(3) Any double damages plus costs awarded by the court under this subsection shall be reduced by the amount of any compensation which the surface owner has received (or is eligible to receive) pursuant to the bond or financial guarantee required under subsection (e). ``(l) Payment of Financial Guarantee.--The surface owner of any land subject to this Act may petition the Secretary for payment of all or any portion of a bond or other financial guarantee required under subsection (e) as compensation for any permanent damages to crops and tangible improvements of the surface owner, or any permanent loss of income due to loss or impairment of grazing, or other uses of the land by the surface owner. Pursuant to such a petition, the Secretary may use such bond or other guarantee to provide compensation to the surface owner for such damages and to insure the required reclamation. ``(m) Bond Release.--The Secretary shall release the bond or other financial guarantee required under subsection (e) upon the successful completion of all requirements pursuant to a plan of operations approved under subsection (f). ``(n) Conveyance to Surface Owner.--The Secretary shall take such actions as may be necessary to simplify the procedures which must be complied with by surface owners of lands subject to this Act who apply to the Secretary to obtain title to interests in such lands owned by the United States. ``(o) Definitions.--For the purposes of subsections (b) through (n)-- ``(1) The term `mineral activities' means any activity for, related to or incidental to mineral exploration, mining, and beneficiation activities for any locatable mineral on a mining claim. When used with respect to this term-- ``(A) the term `exploration' means those techniques employed to locate the presence of a locatable mineral deposit and to establish its nature, position, size, shape, grade and value; ``(B) the term `mining' means the processes employed for the extraction of a locatable mineral from the earth; and ``(C) the term `beneficiation' means the crushing and grinding of locatable mineral ore and such processes are employed to free the mineral from the other constituents, including but no necessarily limited to, physical and chemical separation techniques. ``(2) The term `mining claim' means a claim located under the general mining laws of the United States (which generally comprise 30 U.S.C. chapters 2, 12A, and 16, and sections 161 and 162) subject to the terms and conditions of subsections (b) through (p) of this section. ``(3) The term `tangible improvements' includes agricultural, residential and commercial improvements, including improvements made by residential subdividers. ``(p) Minerals Covered.--Subsections (b) through (o) of this section apply only to minerals not subject to disposition under-- ``(1) the Mineral Leasing Act (30 U.S.C. 181 and following); ``(2) the Geothermal Steam Act of 1970 (30 U.S.C. 100 and following); or ``(3) the Act of July 31, 1947, commonly known as the Materials Act of 1947 (30 U.S.C. 601 and following).''. (b) Technical Conforming Amendment.--Section 9 of the Act of December 29, 1916, entitled ``An Act to provide for stock-raising homesteads, and for other purposes'' (43 U.S.C. 299) is amended by inserting ``(a) General Provisions.--'' before the words ``That all entries made''. (c) Effective Date.--The amendments made by this Act shall take effect 180 days after the date of enactment. (d) Regulations.--The Secretary of the Interior shall issue final regulations to implement the amendments made by this Act not later than the effective date of this Act. Failure to promulgate these regulations by reason of any appeal or judicial review shall not delay the effective date as specified in paragraph (c). S 336 RS----2

Amends Federal law regarding stock-raising homesteads to require a written notice to the surface owner and the Secretary of the Interior (the Secretary) before a person may enter lands for exploration purposes or to locate a mining claim. Provides for an authorized exploration period during which exploring and locating a mining claim may be conducted with specified negligible surface disruption. Limits the total acreage that may be covered at any time by notices of intention to locate a claim. Prohibits any mineral exploration or development activities without the surface owner's written consent (unless the Secretary of the Interior (the Secretary) has authorized them according to prescribed guidelines). Prohibits the Secretary from authorizing any mineral activities unless a plan of operations has been submitted meeting specified criteria. Directs the Secretary to submit such plan of operations for the surface owner's comments and modifications before determining whether it complies with this Act. Requires the person submitting a plan to pay a fee to the surface owner for the use of surface during mineral activities. Requires reclamation of land to return it to a condition capable of supporting the uses which it was capable of supporting before surface disturbance. Authorizes any surface owner to request an inspection if such owner has reason to believe that he may be adversely affected due to any violation of an approved plan of operations. Provides for enforcement through a civil action by the surface owner. Requires the Secretary to simplify the procedure for surface owners who apply to obtain title to interests in Federal lands.

{"src": "billsum_train", "title": "A bill to amend the Stock Raising Homestead Act to resolve certain problems regarding subsurface estates, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reasonable Search Standards Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) During fiscal years 1997 and 1998 approximately 140,000,000 people entered the United States on international flights. (2) Customs Service personnel selected about 102,000 passengers for further inspection. (3) Of the 102,000 passengers, 95 percent were searched by Customs Service personnel for contraband or hidden weapons by patting the passenger's clothed body, 4 percent were strip searched, and 1 percent were subjected to an x-ray examination. (4) Generally, passengers of particular races and gender were more likely than other passengers to be subjected to more intrusive types of personal searches. (5) However, in some cases the types of passengers who were more likely to be subjected to more intrusive personal searches were not as likely to be found carrying contraband. (6) African-American women were nearly 3 times as likely as African-American men to be strip-searched, even though they were only half as likely to be found carrying contraband. (7) African-American men and women were nearly 9 times as likely, and Hispanic men and women were nearly 4 times as likely, as white American men and women to be x-rayed, even though they were no more likely to be found carrying contraband. SEC. 3. DEFINITIONS. In this Act: (1) Customs service personnel.--The term ``Customs Service personnel'' means employees of the United States Customs Service who are responsible for inspecting, searching, interviewing, or examining people entering the United States. (2) Intrusive nonroutine search.--The term ``intrusive nonroutine search'' means any of the following actions taken to detect or remove contraband from a person: (A) A search involving the removal of some of a person's clothing to search for merchandise hidden on a person's body, but not including removal of a person's coat, shoes, belt, or pocket contents (commonly referred to as a ``strip search''). (B) A search involving use of a medical x-ray to determine the presence of merchandise within the body, or of other x-ray technology to determine the presence of merchandise on the body, including a body scan search (commonly referred to as an ``x-ray search'' or a ``body scan search''). (C) Any visual or physical intrusion into the rectal or vaginal cavity (commonly referred to as a ``body cavity search''). (D) Any action to require the individual to take a laxative or other similar drug. (E) A monitored bowel movement. (F) A surgical procedure. (G) Any action similar or related to an action described in any of subparagraphs (A) through (F). (3) Pat down search.--The term ``pat down search'' means a search that involves physical contact with a person's body or clothing to detect or remove contraband from the individual, but does not include any of the actions described in subparagraphs (A) through (F) of paragraph (1). (4) Profiling.--The term ``profiling'' means identifying persons entering the United States for inspection, search (including intrusive nonroutine searches and pat down searches), interview, or examination in whole or in part on the basis of actual or perceived race, religion, gender, national origin, or sexual orientation. SEC. 4. PROHIBITION ON RACIAL OR OTHER DISCRIMINATORY PROFILING BY CUSTOMS SERVICE PERSONNEL. Customs Service personnel shall not subject travelers to detention, pat down searches, intrusive nonroutine searches, or similar investigative actions, based in whole or in part on the actual or perceived race, religion, gender, national origin, or sexual orientation, except when Customs Service personnel are acting upon specific information that a particular traveler suspected of engaging in specific illegal activity is described by 1 or more of such characteristics. SEC. 5. OTHER REQUIREMENTS RELATING TO SEARCHES. Before subjecting an individual to a pat down search or an intrusive nonroutine search, Customs Service personnel shall document reasons to support the belief that the individual may be carrying contraband in violation of Federal law. The preceding requirement shall not apply to a situation in which Customs Service personnel suspect the individual is carrying a weapon. SEC. 6. PERIODIC TRAINING OF CUSTOMS SERVICE PERSONNEL. The Commissioner of Customs shall require all Customs Service personnel to undergo, on a periodic basis, training on the procedures for identifying, detaining, and searching passengers, with particular emphasis on the prohibition on profiling. The training shall include a review of the reasons identified by Customs Service personnel for certain searches under section 5, the results of the searches conducted, and the effectiveness of the criteria used by Customs Service personnel. SEC. 7. ANNUAL STUDY AND REPORT ON DETENTIONS AND SEARCHES OF INDIVIDUALS BY CUSTOMS SERVICE PERSONNEL. (a) Study.--The Commissioner of Customs shall conduct a study on detentions and searches of persons by Customs Service personnel during the preceding calendar year. The study shall include the number of searches conducted by Customs Service personnel, the race, gender, and citizenship of the travelers subject to the searches, the type of searches conducted (including pat down searches and intrusive nonroutine searches) and the results of the searches. (b) Report.--Not later than March 31 of each year, the Commissioner of Customs shall submit to Congress an annual report containing the results of the study conducted under subsection (a) for the preceding calendar year. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated for fiscal year 2002 and each fiscal year thereafter such sums as may be necessary to carry out this Act. (b) Availability.--Amounts appropriated pursuant to subsection (a) shall remain available until expended.

Reasonable Search Standards Act - Prohibits U.S. Customs Service personnel from subjecting travelers to detention or searches based upon race, religion, gender, national origin, or sexual orientation, except when acting upon specific information that a particular traveler suspected of engaging in illegal activity is described by one or more of such characteristics.Requires Customs Service personnel, before a pat down or intrusive nonroutine search, to document reasons to support a belief that an individual may be carrying contraband in violation of Federal law. Waives such requirement with respect to anyone suspected of carrying a weapon.Instructs the Commissioner of Customs to require Customs Service personnel to undergo periodic training on identification, detention, and search procedures, with particular emphasis on profiling proscriptions.

{"src": "billsum_train", "title": "A bill to prohibit the use of racial and other discriminatory profiling in connection with searches and detentions of individuals by the United States Customs Service personnel, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Transitional Fuel Security Act of 2006''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that, as of the date of enactment of this Act-- (1) fossil fuels provide more than 85 percent of all energy consumed in the United States, with energy consumption projected to increase for at least the next 2 decades; (2) United States oil production is at a 50-year low and continues to decline; (3) there has not been a new oil refinery built in the United States since 1976; (4) oil has reached prices of over $70 per barrel and is likely to remain high; (5) the United States relies on foreign sources of oil for approximately 60 percent of oil consumed in the United States; (6) recent world events and natural disasters have shown the vulnerability of the energy supply chain in the United States; (7) the Fischer-Tropsch technology can produce synthetic fuels that burn cleaner than traditionally-produced fuels, by using abundant domestic coal resources; (8) the coal reserves of the United States are estimated to be capable of producing more than 800,000,000,000 barrels of oil; (9) the demand of the United States military for fuel products makes up 2 percent of total consumption in the United States; (10) increases in oil costs disproportionately impact the military; (11) as a matter of national security, agencies of the Federal Government are eager to form partnerships with the energy industry and academia to create more sources of domestic energy and lessen the dependence of the United States on foreign sources of oil; (12) private industry is ready to commercialize the Fischer-Tropsch coal-to-fuel process, but is unable to generate necessary initial capital investment; and (13) it is in the best public interest of the United States that industry in the United States begin transformation from largely foreign petroleum-based energy resources to domestic coal-based resources, which are abundant. (b) Purposes.--The purposes of this Act are-- (1) to establish a Federal pilot program that will encourage private investment and a commitment by businesses in the United States to begin the transition to a coal-to-fuel based industry relying upon Fischer-Tropsch technology; and (2) at the conclusion of the pilot program, to achieve the transition in a manner that is cost-neutral to the Treasury. SEC. 3. DEFINITIONS. In this Act: (1) Byproduct.--The term ``byproduct'' means any residual product or secondary product of the Fischer-Tropsch process that may have a commercial value, including carbon dioxide, fertilizer, hydrogen, and electricity. (2) Coal-to-fuel.--The term ``coal-to-fuel'' means-- (A) with respect to a process or technology, the use of a feedstock, the majority of which is derived from the coal resources of the United States, using the class of chemical reactions known as Fischer-Tropsch, to produce synthetic fuel; and (B) with respect to a facility, the portion of a facility that supplies inputs for the Fischer-Tropsch process, Fischer-Tropsch finished fuel production, or the capture, transportation, or sequestration of byproducts of the use of coal at the facility, including carbon emissions. (3) Facility.--The term ``facility'' means a coal-to-fuel demonstration facility constructed under the Plan. (4) Investor.--The term ``investor'' means a nongovernmental entity that, in accordance with a contractual arrangement with the Secretary-- (A) invests in and holds a minority non-controlling interest in 1 or more facilities; and (B) shares in the revenues of the facilities. (5) Plan.--The term ``Plan'' means the plan developed by the Secretary and submitted to Congress under section 4. (6) Reserve.--The term ``Reserve'' means the Strategic Petroleum Reserve established under section 154 of the Energy Policy and Conservation Act (42 U.S.C. 6234). (7) Secretary.--The term ``Secretary'' means the Secretary of Energy. (8) Synthetic fuel.--The term ``synthetic fuel'' means-- (A) synthetic petroleum; or (B) synthetic refined fuel products (including jet fuel, gasoline, diesel, and motor oil) suitable for transportation that are produced through a coal-to-fuel process. SEC. 4. CONSTRUCTION OF COAL-TO-FUEL DEMONSTRATION FACILITIES. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress a plan for the construction of not more than 5 coal-to-fuel demonstration facilities in accordance with this Act, including the requirements described in subsection (b). (b) Requirements.--The Secretary shall-- (1) provide the Federal share of the cost of the construction of the facilities through a 5-year phased sale of petroleum products from the Reserve that corresponds to the phases of construction of the facilities; (2) in accordance with applicable law, including section 603.105 of title 10, Code of Federal Regulations (or a successor regulation)), offer to enter into contracts or cooperative agreements with investors; (3) enter into 1 or more multiyear contracts with the Secretary of Defense under which the Department of Defense will procure substantial quantities of jet fuel and diesel produced at the facilities; (4) enter into contracts or promulgate regulations if necessary-- (A) to resupply the Reserve at no cost with sufficient synthetic petroleum, synthetic refined fuel products, or nonsynthetic crude oil purchased with proceeds derived from the sale of synthetic fuel (whichever is determined by the Secretary to be more advantageous to the Federal Government) to compensate for petroleum products sold in accordance with paragraph (3); and (B) as soon as practicable, if advantageous, as determined by the Secretary, to require that all petroleum requirements of the Reserve be met with synthetic fuel; (5) produce and offer for public sale synthetic fuel products and byproducts from the facilities; (6) in accordance with section 6, divest ownership of the facilities through public sale to nongovernmental entities; and (7) ensure that after the Secretary has carried out the Plan, all costs and expenditures by the Federal Government under the Plan shall be fully reimbursed to the Treasury through-- (A) net revenues generated by the sale of petroleum products; (B) resupply of the Reserve; and (C) final divestiture and sale of all of the assets of the Federal Government under the Plan to nongovernmental entities. (c) Revenue.-- (1) In general.--Except as provided in section 5(b), any revenue raised from the activities described in subsection (b) shall be used-- (A) to pay operating expenses; and (B) to distribute profit shares to any commercial investors in accordance with contractual terms. (2) Remaining revenue.--Remaining revenue shall be deposited in the general fund of the Treasury. (d) Inclusions.--In submitting the Plan to Congress, the Secretary shall include-- (1) a description of not more than 5 proposed locations for the construction of facilities; (2) estimated construction costs for the facilities; (3) estimated production goals for each facility, which shall be-- (A) for at least 3 of the facilities, not less than 30,000 barrels of synthetic fuel per day; and (B) for the remaining facilities, not less than 5,000 barrels of synthetic fuel per day; (4) a sequestration plan for any carbon dioxide byproduct; (5) a proposed marketing plan for all byproducts; (6) coal procurement plans; (7) product contracting and coordination plans with the Secretary of Defense; (8) a phased construction plan; (9) a plan for the phased withdrawal of petroleum products from the Reserve to finance the phased construction and operation of the facilities; (10) proposed management plans, including the participation of investors; and (11) a proposed plan to divest ownership of the facilities and recoup remaining expenses. SEC. 5. NON-FEDERAL INVESTMENT. (a) In General.--The Federal share of the cost of construction of each facility under the Plan shall be not less than 51 percent. (b) Return on Investments.--After recoupment of the Federal share of the construction and operation of a facility, the Secretary shall distribute profits realized from the operation of the facility to investors in an amount that is proportional to their investment. SEC. 6. DIVESTITURE. (a) In General.--The Secretary shall divest ownership of the facilities not earlier than the date on which the Secretary determines that-- (1) the total production goal of 100,000 barrels of synthetic fuel per day has been met; (2) an amount equal to or greater than the total Federal share for the construction and operation of the facilities has been deposited in the general fund of the Treasury; and (3) a quantity of fuel equal to the quantity of petroleum products withdrawn from the Reserve under section 7(a) has been deposited in the Reserve. (b) Management.--The Secretary shall manage each facility until the Secretary divests ownership of the facility. (c) Transfer of Contracts.--A contract described in section 4(b)(3) shall be transferable to a subsequent owner of a facility the synthetic fuel production of which is the subject of the contract. (d) Prohibition on Purchase to Close.--No nongovernmental entity shall assume ownership and control of a facility for purposes of removing the facility from operation. SEC. 7. AUTHORIZATIONS. (a) Sale of Petroleum.-- (1) In general.--Notwithstanding section 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241) and subject to paragraphs (2) and (3), the Secretary may sell petroleum products withdrawn from the Reserve at a public sale to finance the construction of facilities. (2) Amount.--In carrying out paragraph (1), the Secretary may sell not more than 20,000,000 barrels of petroleum products withdrawn from the Reserve each year for a period of 5 years. (3) Limitation.--The Secretary may sell a total of not more than 100,000,000 barrels of petroleum under this subsection. (b) Procurement of Real Estate.-- (1) In general.--In selecting sites for the construction of a facility, the Secretary shall give priority to sites on Federal land. (2) Unavailability.--If Federal land is not available, the Secretary may procure non-Federal land.

National Transitional Fuel Security Act of 2006 - Instructs the Secretary of Energy to submit to Congress a plan for the construction of coal-to-fuel demonstration facilities relying upon Fischer-Tropsch synthetic fuel-producing technology. Prescribes requirements for: (1) construction of such facilities; (2) up to 49% non-federal investment; and (3) divestiture of federal ownership of the facilities after certain production and related goals are met. Authorizes the Secretary to sell petroleum products withdrawn from the Strategic Petroleum Reserve at a public sale to finance the construction of the facilities.

{"src": "billsum_train", "title": "A bill to promote a substantial commercial coal-to-fuel industry and decrease the dependence of the United States on foreign oil, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Education and Counseling Assistance Act of 2007''. SEC. 2. FINANCIAL EDUCATION AND COUNSELING. (a) Demonstration Program.--Section 106 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x) is amended by adding at the end the following: ``(g) Financial Education and Counseling.-- ``(1) Purposes.--The purposes of this subsection are to-- ``(A) increase financial education and counseling services available to homeowners and prospective homebuyers; ``(B) assist homeowners and prospective homebuyers to develop monthly budgets, build personal savings, finance or plan for major purchases, reduce their debt, improve their financial stability, and set and reach their financial goals; ``(C) help homeowners and prospective homebuyers understand their credit histories and its relationship to their credit score, so as to improve their credit score; ``(D) educate homeowners and prospective homebuyers about the options available to build savings or plan for retirement; and ``(E) provide financial education and counseling for homeowners and prospective homebuyers seeking to understand or improve their credit, savings, bill payments, or other personal financial needs. ``(2) Authority.--The Secretary of Housing and Urban Development shall carry out a grant program to assist eligible organizations to provide financial education and counseling services to homeowners and prospective homebuyers. ``(3) Grants.-- ``(A) In general.--The Secretary shall make grants to eligible organizations to enable such organization to provide a range of financial education and counseling services to homeowners and prospective homebuyers. ``(B) Selection.--The Secretary shall select organizations to receive assistance under this subsection based on their experience and ability to provide financial education and counseling services to homeowners and prospective homebuyers. ``(C) Preference.--The Secretary shall give preference to established community-based financial education and counseling organizations capable of providing in-person services. ``(4) Eligible organizations.--To be eligible to receive a grant under this subsection, an eligible organization shall be a-- ``(A) housing counseling agency certified by the Secretary under subsection (e); ``(B) nonprofit organization organized under section 501(c)(3) of the Internal Revenue Code; ``(C) State, local, or tribal government agency; or ``(D) community development financial institution (as defined in section 103(5) of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4702(5)) or a credit union. ``(5) Eligible uses.--A grant awarded to an eligible organization under this subsection shall be used to provide a range of financial education and counseling services, including-- ``(A) assisting in the expansion of mortgage and housing-related financial counseling services; ``(B) providing information on important financial topics to homeowners and prospective homebuyers; and ``(C) assisting homeowners and prospective homebuyers to-- ``(i) develop sustainable monthly budgets; ``(ii) understand their credit history and their credit scores, so as to improve their credit score; ``(iii) develop a plan to manage their bills, reduce their debt, and improve their savings; and ``(iv) set and reach their financial goals. ``(6) Counseling activities.-- ``(A) Regulations.--The Secretary shall develop and issue guidelines and regulations to carry out the financial education and counseling program established under this subsection. ``(B) Content of regulations.--The guidelines and regulations required under subparagraph (A) shall be modeled on the regulations issued by the Secretary pursuant to the housing counseling program under subsection (c) and shall require each eligible organization under this subsection to-- ``(i) conduct a preliminary interview with a homeowner or prospective homebuyer to determine the financial needs of such homeowner or renter; ``(ii) develop a financial plan tailored to meet the financial needs of such homeowner or prospective homebuyer; and ``(iii) help each such homeowner or prospective homebuyer achieve their financial goals. ``(7) Coordination with the financial literacy and education commission.--In developing the guidelines and regulations required under paragraph (6) and in carrying out the grant program established under this subsection, the Secretary shall seek advice from and work in coordination with the Financial Literacy and Education Commission established under section 513 of the Fair and Accurate Credit Transactions Act of 2003 (20 U.S.C. 9702) in order to avoid duplication and to utilize the resources and experience of the Commission. ``(8) Outreach.-- ``(A) To individuals.--The Secretary, in cooperation with eligible organizations, shall-- ``(i) carry out outreach efforts to ensure that homeowners and prospective homebuyers are aware of the financial education and counseling opportunities under this subsection; and ``(ii) make an special effort to serve individuals who-- ``(I) qualify for the earned income tax credit under section 32 of the Internal Revenue Code; ``(II) have a low credit score, damaged credit, or are without sufficient data to create a credit score; ``(III) are in danger of filing for bankruptcy; ``(IV) are subject to, or are in danger of, becoming subject to foreclosure proceedings; and ``(V) have low levels of personal saving, low net-worth, or high levels of debt. ``(B) To grantees.--The Secretary shall also make an effort to publish grant opportunities under this subsection to eligible organizations who may not typically seek out such Federal funding. ``(9) Study and report on effectiveness and impact.-- ``(A) In general.--Not later than 2 years after the date of enactment of the Financial Education and Counseling Assistance Act of 2007, the Inspector General of the Department of Housing and Urban Development shall conduct a study and report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives on the effectiveness and impact of the grant program established under this subsection. ``(B) Content of study.--The study required under subparagraph (A) shall include the following: ``(i) The effectiveness of the grant program established under this subsection in improving the financial situation of homeowners and prospective homebuyers served by the grant program. ``(ii) The impact of the financial education and counseling services provided under this subsection on reducing debt, building savings, and improving the overall financial well-being of homeowners and prospective homebuyers served by the grant program. ``(iii) An evaluation of the effectiveness and quality of the counselors providing financial education and counseling services under the grant program. ``(10) Authorization of appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this subsection.''. (b) Certification of Financial Counselors.--Section 106(e)(1) of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x(e)(1)) is amended by striking ``(c), or (d),'' and inserting ``(c), (d), or (g)''.

Financial Education and Counseling Assistance Act of 2007 - Amends the Housing and Urban Development Act of 1968 to require the Secretary of Housing and Urban Development (HUD) to carry out a grant program to assist eligible organizations to provide financial education and counseling services to homeowners and prospective homebuyers. Requires the Secretary to give preference to established community-based financial education and counseling organizations capable of providing in-person services. Prohibits an organization from receiving such financial assistance unless its financial counselors are HUD-certified.

{"src": "billsum_train", "title": "A bill to expand and improve housing counseling services by increasing financial education and counseling services available to homeowners and prospective homebuyers in financial turmoil or who seek credit or other personal financial assistance, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Glaucoma Screening Act of 2007''. SEC. 2. FINDINGS. Congress finds the following: (1) It is estimated that only half of the more than 3,000,000 individuals in the United States that have glaucoma are aware that they have glaucoma. (2) Glaucoma is the leading cause of blindness among African-Americans and Hispanics. (3) Glaucoma is 6 to 8 times more common in African- Americans than in Caucasians. (4) Glaucoma accounts for over 7,000,000 visits to physicians each year. (5) In terms of Social Security benefits paid, lost income tax revenues, and health care expenditures, the cost of glaucoma to the United States government is estimated to be over $1.5 billion annually. (6) Poor vision costs Medicare more than $2 billion per year in non-eye-related illnesses and healthcare needs. (7) Medicare currently provides coverage for glaucoma screenings for beneficiaries in the following high risk groups: (A) Individuals with diabetes. (B) Individuals with a family history of glaucoma. (C) African-Americans 50 years of age and older. (D) Hispanics 65 years of age and older. (8) Although Medicare has covered glaucoma screenings since 1998 for beneficiaries with diabetes, less than 45 percent of those beneficiaries have had an eye exam. SEC. 3. DIRECTING SECRETARY TO INCLUDE COVERAGE OF GLAUCOMA SCREENINGS UNDER MEDICARE FOR CERTAIN HISPANICS. (a) Expanding Medicare Coverage of Glaucoma Screenings to Hispanics 50 Years of Age and Older.--Section 1861(s)(2)(U) of the Social Security Act (42 U.S.C. 1395x(s)(2)(U)) is amended by striking ``determined to be'' and all that follows through ``diabetes'' and inserting the following: ``with a family history of glaucoma, individuals with diabetes, and individuals determined to be at high risk for glaucoma including, among other individuals determined to be at high risk for glaucoma, individuals who are both older than 49 years of age and Hispanic''. (b) Effective Date.--The amendment made by subsection (a) applies with respect to services furnished on or after January 1, 2008. SEC. 4. ESTABLISHING GRANT PROGRAM TO PROVIDE SCREENINGS FOR GLAUCOMA TO HIGH RISK INDIVIDUALS. (a) Grant Program.--The Secretary shall establish a program to award a grant to an eligible entity (as described in subsection (b)) to provide screenings for glaucoma for individuals determined to be at high risk for glaucoma. (b) Eligibility.--In order to be eligible to receive a grant under this section, an entity shall-- (1) submit an application at such time, in such form, and with such information and assurances as the Secretary may require; (2) be located within the United States, the Commonwealth of Puerto Rico, or a territory or possession of the United States; and (3) be dedicated solely to screening individuals for glaucoma and other eye diseases. (c) Use of Funds.--An entity receiving a grant under this section shall use the grant in accordance with the following requirements: (1) The entity shall utilize mobile screening units to test for glaucoma and other eye diseases. (2) The entity shall target screening activities to populations primarily consisting of individuals determined to be at high risk for glaucoma. (3) The entity shall form partnerships with Federally- qualified health centers to increase awareness of the need for screenings for glaucoma and to provide screenings for glaucoma for individuals determined to be at high risk for glaucoma, individuals with a family history of glaucoma, and individuals with diabetes. (4) The entity shall provide grants to approved medical residency training programs to permit students participating in the programs to conduct screenings for glaucoma for individuals determined to be at high risk for glaucoma. (5) The entity shall conduct all grant-funded activities within the United States, the Commonwealth of Puerto Rico, or a territory or possession of the United States. (d) Definitions.--For the purposes of this section, the following definitions apply: (1) Approved medical residency training program.--The term ``approved medical residency training program'' has the meaning given that term in section 1886(h)(5)(A) of the Social Security Act (42 U.S.C. 1395ww(h)(5)(A)). (2) Federally-qualified health center.--The term ``Federally-qualified health center'' has the meaning given that term in section 1861(aa)(4) of the Social Security Act (42 U.S.C.1395x(aa)(4)). (3) Individuals determined to be at high risk for glaucoma.--The term ``individuals determined to be at high risk for glaucoma'' means those individuals determined by the Secretary to be at high risk for glaucoma pursuant to the Secretary's administration of section 1861(s)(2)(U) of the Social Security Act (42 U.S.C. 1395x(s)(2)(U)), as amended by section 3(a), but without regard to the age of the individual. (4) Screening for glaucoma.--The term ``screening for glaucoma'' has the meaning given that term in section 1861(uu) of the Social Security Act (42 U.S.C. 1395x(uu)). (5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (e) Authorization of Appropriations.--There is authorized to be appropriated $10,000,000 for grants under this section for each of the first 5 fiscal years beginning after the date of enactment of this Act.

Glaucoma Screening Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to expand coverage of screening for glaucoma to include individuals who are both older than 49 years of age and Hispanic. Directs the Secretary of Health and Human Services to establish a program to award a grant to an eligible entity to provide glaucoma screenings to individuals determined to be at high risk. Requires such an entity to: (1) utilize mobile screening units to test for glaucoma and other eye diseases; (2) target screening activities to populations primarily consisting of high-risk individuals; (3) form partnerships with federally-qualified health centers to increase awareness of the need for glaucoma screenings and to provide screenings for high-risk individuals; and (4) provide grants to approved medical residency training programs to permit participating students to conduct such screenings.

{"src": "billsum_train", "title": "A bill to establish a grant program to provide screenings for glaucoma to individuals determined to be at a high risk for glaucoma, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Infrastructure Security and Research Development Act''. SEC. 2. DEFINITIONS. For purposes of this Act-- (1) the term ``Administrator'' means the Administrator of the Environmental Protection Agency; (2) the term ``research organization'' means a public or private institution or entity, including a national laboratory, State or local agency, university, or association of water management professionals, or a consortium of such institutions or entities, that has the expertise to conduct research to improve the security of water supply systems; and (3) the term ``water supply system'' means a public water system, as defined in section 1401(4) of the Safe Drinking Water Act (42 U.S.C. 300f(4)), and a treatment works, as defined in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292), that is publicly owned or principally treating municipal waste water or domestic sewage. SEC. 3. WATER SUPPLY SYSTEM SECURITY RESEARCH ASSISTANCE. (a) In General.--The Administrator, in consultation and coordination with other relevant Federal agencies, shall establish a program of research and development activities to achieve short-term and long-term improvements to technologies and related processes for the security of water supply systems. In carrying out the program, the Administrator shall make grants to or enter into cooperative agreements, interagency agreements, or contracts with research organizations. (b) Projects.--Awards provided under this section shall be used by a research organization to-- (1) conduct research related to or develop vulnerability assessment technologies and related processes for water supply systems to assess physical vulnerabilities (including biological, chemical, and radiological contamination) and information systems vulnerabilities; (2) conduct research related to or develop technologies and related processes for protecting the physical assets and information systems of water supply systems from threats; (3) develop programs for appropriately disseminating the results of research and development to the public to increase awareness of the nature and extent of threats to water supply systems, and to managers of water supply systems to increase the use of technologies and related processes for responding to those threats; (4) develop scientific protocols for physical and information systems security at water supply systems; (5) conduct research related to or develop real-time monitoring systems to protect against chemical, biological, and radiological attacks; (6) conduct research related to or develop technologies and related processes for mitigation of, response to, and recovery from biological, chemical, and radiological contamination of water supply systems; or (7) carry out other research and development activities the Administrator considers appropriate to improve the security of water supply systems. (c) Guidelines, Procedures, and Criteria.-- (1) Requirement.--The Administrator shall, in consultation with representatives of relevant Federal and State agencies, water supply systems, and other appropriate public and private entities, publish application and selection guidelines, procedures, and criteria for awards under this section. (2) Report to congress.--Not later than 90 days before publication under paragraph (1), the Administrator shall transmit to Congress the guidelines, procedures, and criteria proposed to be published under paragraph (1). (3) Diversity of awards.--The Administrator shall ensure that, to the maximum extent practicable, awards under this section are made for a wide variety of projects described in subsection (b) to meet the needs of water supply systems of various sizes and are provided to geographically, socially, and economically diverse recipients. (4) Security.--The Administrator shall include as a condition for receiving an award under this section requirements to ensure that the recipient has in place appropriate security measures regarding the entities and individuals who carry out research and development activities under the award. (5) Dissemination.--The Administrator shall include as a condition for receiving an award under this section requirements to ensure the appropriate dissemination of the results of activities carried out under the award. SEC. 4. EFFECT ON OTHER AUTHORITIES. Nothing in this Act limits or preempts authorities of the Administrator under other provisions of law (including the Safe Drinking Water Act and the Federal Water Pollution Control Act) to award grants or to enter into interagency agreements, cooperative agreements, or contracts for the types of projects and activities described in this Act. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Administrator to carry out this Act $12,000,000 for each of the fiscal years 2002, 2003, 2004, 2005, and 2006. (b) Availability.--Funds appropriated under subsection (a) shall remain available until expended. Passed the House of Representatives December 18, 2001. Attest: JEFF TRANDAHL, Clerk.

Water Infrastructure Security and Research Development Act - Directs the Administrator of the Environmental Protection Agency to establish a program of research, development, and demonstration activities to achieve improvements to technologies and related processes for the security of water supply systems. Requires the program to be carried out through grants to, or cooperative agreements with, research organizations to be used for: (1) research regarding, or development of, vulnerability assessment and physical asset and information system protection technologies; (2) dissemination of research, development, and demonstration results to the public and to managers of water supply systems; (3) demonstration and assessment of upgraded security technologies; (4) development of security standards and procedures; (5) research and development related to real-time monitoring to protect against, and technologies and processes to address, chemical, biological, and radiological contamination; and (6) other research, development, and demonstration activities the Administrator deems appropriate, including information sharing and analysis.Requires a report to Congress.States requirements for cost sharing by non-Federal sources.Authorizes appropriations.

{"src": "billsum_train", "title": "To authorize the Environmental Protection Agency to provide funding to support research and development projects for the security of water infrastructure."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``False Claims Amendments Act of 1993''. SEC. 2. GOVERNMENT RIGHT TO DISMISS CERTAIN ACTIONS. Section 3730(b) of title 31, United States Code, is amended by adding at the end thereof the following new paragraph: ``(6)(A) No later than 60 days after the date of service under paragraph (2), the Government may move to dismiss from the action the person bringing the action if-- ``(i) such person first learned all the necessary and specific facts underlying the material allegations contained in the action from-- ``(I) a fraud investigation that the executive branch of the Government is actively pursuing, or ``(II) a news media report or a congressional hearing or report, if the executive branch of the Government, before such person filed the complaint in the action, commenced a fraud investigation of such allegations on the basis of such facts, and if the executive branch is actively pursuing such investigation; or ``(ii) such person learned of the information that underlies the alleged violation of section 3729 that is the basis of the action in the course of the person's employment by the United States, and none of the following has occurred: ``(I) In a case in which the employing agency has an inspector general, such person, before bringing the action-- ``(aa) disclosed in writing substantially all material evidence and information that relates to the alleged violation that the person possessed to such inspector general; and ``(bb) notified in writing the person's supervisor and the Attorney General of the disclosure under division (aa). ``(II) In a case in which the employing agency does not have an inspector general, such person, before bringing the action-- ``(aa) disclosed in writing substantially all material evidence and information that relates to the alleged violation that the person possessed, to the Attorney General; and ``(bb) notified in writing the person's supervisor of the disclosure under division (aa). ``(III) Twelve months (and any period of extension as provided for under subparagraph (B)) have elapsed since the disclosure of information and notification under either subclause (I) or (II) were made and the Attorney General has not filed an action based on such information. ``(B) Prior to the expiration of the 12-month period described under subparagraph (A)(ii)(III) and upon notice to the person who has disclosed information and provided notice under subparagraph (A)(ii) (I) or (II), the Attorney General may file a motion seeking an extension of such 12-month period. Such 12-month period may be extended by a court for not more than an additional 12-month period upon a showing by the Government that the additional period is necessary for the Government to decide whether or not to file such action. Any such motion may be filed in camera and may be supported by affidavits or other submissions in camera. ``(C) For purposes of subparagraph (A), a person's supervisor is the officer or employee who-- ``(i) is in a position of the next highest classification to the position of such person; ``(ii) has supervisory authority over such person; and ``(iii) such person believes is not culpable of the violation upon which the action under this subsection is brought by such person. ``(D) A motion to dismiss under this paragraph shall set forth documentation of the allegations, evidence, and information in support of the motion. ``(E) Any person bringing a civil action under paragraph (1) shall be provided an opportunity to contest a motion to dismiss under this paragraph. The court may restrict access to the evidentiary materials filed in support of the motion to dismiss, as the interests of justice require. A motion to dismiss and papers filed in support or opposition of such motion shall not be-- ``(i) made public without the prior written consent of the person bringing the civil action; or ``(ii) subject to discovery by the defendant. ``(F) If the motion to dismiss under this paragraph is granted, the matter shall remain under seal. ``(G) No later than 6 months after the date of the enactment of this paragraph, and every 6 months thereafter, the Department of Justice shall report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives relating to-- ``(i) the cases in which the Department of Justice has filed a motion to dismiss under this paragraph; ``(ii) the outcome of such motions; and ``(iii) the status of false claims civil actions in which such motions were filed.''. SEC. 3. PROVISIONS RELATING TO ACTIONS BARRED AND QUI TAM AWARDS. Section 3730 of title 31, United States Code, is amended-- (1) in subsection (b)(1) by adding at the end thereof ``A right of action for a violation of section 3729 may not be waived or released by any person, except as part of a court approved settlement of a civil action brought under this section.''; (2) in subsection (d)(1)-- (A) in the first sentence-- (i) by striking out ``, subject to the second sentence of this paragraph,''; and (ii) by inserting after ``proceeds of the action or settlement of the claim,'' the following: ``including all proceeds or settlement amounts attributable to allegations developed as a result of information provided to the Government by such person,''; (B) in the third sentence by striking out ``or the second sentence''; and (C) by striking out the second sentence; and (3) in subsection (e) by striking out paragraph (4). SEC. 4. WHISTLEBLOWER PROTECTION. Section 3730(h) of title 31, United States Code, is amended-- (1) by striking out ``(h)'' and inserting in lieu thereof ``(h) Whistleblower Protection.--(1)''; and (2) by adding at the end thereof the following new paragraph: ``(2)(A) In any action brought by an employee under paragraph (1), the employee shall be entitled to relief if, based upon a preponderance of the evidence, the employee demonstrates that a lawful act described under paragraph (1) was a contributing factor in the action by the employer against the employee that is alleged in the complaint. ``(B) Notwithstanding subparagraph (A), an employee who brings an action under paragraph (1) shall not be entitled to relief if the employer demonstrates by clear and convincing evidence that the employer would have taken the same action against the employee in the absence of the lawful act that was a contributing factor described in subparagraph (A).''. SEC. 5. DEFINITION OF PERSON. Section 3730 of title 31, United States Code, is further amended by inserting at the end thereof the following new subsection: ``(i) Definition.--For purposes of this section, the term `person' means any natural person, partnership, corporation, association, or other legal entity, including any State or political subdivision of a State.''. SEC. 6. STATUTE OF LIMITATIONS. Section 3731(b) of title 31, United States Code, is amended to read as follows: ``(b)(1) A civil action under section 3730 may not be brought more than 6 years after the date on which the violation of section 3729 is committed. ``(2) For the purpose of computing the period described under paragraph (1), there shall be excluded all periods during which facts material to the right of action are not known and reasonably could not be known by the official of the United States with authority to act in the circumstances.''. SEC. 7. AUTHORITY TO ISSUE INVESTIGATIVE DEMANDS. Section 3733 of title 31, United States Code, is amended-- (1) in subsection (a)(1)-- (A) in the matter preceding subparagraph (A) by inserting ``or an Assistant Attorney General'' after ``Attorney General'' each place it appears; and (B) in the matter following subparagraph (D)-- (i) in the first sentence by inserting ``or an Assistant Attorney General'' after ``Attorney General''; and (ii) in the second sentence by striking out ``, the Deputy Attorney General,''; (2) in subsection (a)(2)-- (A) in subparagraph (F) by striking out ``designated by the Attorney General''; and (B) in subparagraph (G) by inserting ``or an Assistant Attorney General'' after ``Attorney General'' each place it appears; (3) in subsection (h)(6) by striking out ``, the Deputy Attorney General,''; (4) in subsection (i) by inserting ``or an Assistant Attorney General'' after ``Attorney General'' each place it appears; and (5) in subsection (l)(6) by inserting ``or an Assistant Attorney General'' after ``Attorney General''. SEC. 8. APPLICABILITY AND EFFECTIVE DATE. (a) In General.--(1) The amendments made by this Act shall take effect on the date of the enactment of this Act and shall apply to cases filed on or after the date of enactment of this Act. (2) The provisions of section 3730(b)(6)(A)(i) of title 31, United States Code (as added by section 2 of this Act), and section 3730 (d) and (e) of such title (as amended by section 3 (2) and (3) of this Act), shall apply to cases pending on the date of the enactment of this Act. In any case that is pending on the date of the enactment of this Act in which the Government has elected to proceed with the action under section 3730(b)(4) of title 31, United States Code, the Government may file a motion to dismiss a qui tam relator under section 3730(b)(6)(A)(i) of such title (as added by section 2 of this Act), no later than 120 days after the date of the enactment of this Act. (b) Prior Laws.--(1) The amendments made by the False Claims Amendments Act of 1986 (Public Law 99-562) shall apply to cases filed on or after the date of the enactment of such Act, and to cases pending on such date that are still pending on the date of the enactment of this Act. (2) The amendments made by section 9 of the Major Fraud Act of 1988 (Public Law 100-700) shall apply to cases filed on or after the date of the enactment of such Act, and to cases pending on such date that are still pending on the date of enactment of this Act.

False Claims Amendments Act of 1993 - Amends the False Claims Act with respect to: (1) dismissal of qui tam actions at Government motion in specified circumstances; (2) waiver by private parties of the Government's rights to recover damages under such Act as part of any court approved settlement of a potential qui tam suit; (3) whistleblower protection; (4) the definition of "person" under such Act; (5) the Act's statute of limitations; and (6) the authority under such Act to issue civil investigative demands. Requires periodic reports by the Department of Justice to specified congressional committees on cases which the Department has moved to dismiss.

{"src": "billsum_train", "title": "False Claims Amendments Act of 1993"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``No Federal Funding to Benefit Sanctuary Cities Act''. SEC. 2. PROTECTING LOCAL AND FEDERAL LAW ENFORCEMENT OFFICERS WHO COOPERATE TO SAFEGUARD COMMUNITIES. (a) In General.--A State, a political subdivision of a State, or an officer, employee, or agent of such State or political subdivision that takes action to comply with a detainer issued by the Department of Homeland Security under section 236 or 287 of the Immigration and Nationality Act (8 U.S.C. 1226 and 1357)-- (1) shall be deemed to be acting as an agent of the Department of Homeland Security; and (2) with regard to such actions, shall have all authority available to officers and employees of the Department of Homeland Security. (b) Legal Proceedings.--In any legal proceeding brought against a State, a political subdivision of a State, or an officer, employee, or agent of such State or political subdivision, which challenges the legality of the seizure or detention of an individual pursuant to a detainer issued by the Department of Homeland Security under section 236 or 287 of the Immigration and Nationality Act (8 U.S.C. 1226 and 1357)-- (1) no liability shall lie against the State or political subdivision of a State for actions taken in compliance with the detainer; and (2) if the actions of the officer, employee, or agent of the State or political subdivision were taken in compliance with the detainer-- (A) the officer, employee, or agent shall be deemed-- (i) to be an employee of the Federal Government and an investigative or law enforcement officer; and (ii) to have been acting within the scope of his or her employment under section 1346(b) and chapter 171 of title 28, United States Code; (B) section 1346(b) of title 28, United States Code, shall provide the exclusive remedy for the plaintiff; and (C) the United States shall be substituted as defendant in the proceeding. (c) Rule of Construction.--Nothing in this section may be construed to provide immunity to any person who knowingly violates the civil or constitutional rights of an individual. SEC. 3. SANCTUARY JURISDICTIONS INELIGIBLE FOR FEDERAL FUNDS. (a) In General.--Beginning with fiscal year 2019, a sanctuary jurisdiction is ineligible to receive Federal financial assistance (as defined in section 7501 of title 31, United States Code). (b) Sanctuary Jurisdiction Defined.--For purposes of this section, the term ``sanctuary jurisdiction'' means any State or political subdivision of a State that has in effect a statute, ordinance, policy, or practice that prohibits or restricts any government entity or official from-- (1) sending, receiving, maintaining, or exchanging with any Federal, State, or local government entity information regarding the citizenship or immigration status (lawful or unlawful) of any individual; or (2) complying with a request lawfully made by the Department of Homeland Security under section 236 or 287 of the Immigration and Nationality Act (8 U.S.C. 1226 and 1357) to comply with a detainer for, or notify about the release of, an individual. (c) Returned Amounts.-- (1) State.--If a State is a sanctuary jurisdiction during a period in fiscal year 2019 or thereafter for which it receives Federal financial assistance (as defined in section 7501 of title 31, United States Code) from an Executive agency (as defined in section 105 of title 5, United States Code), the head of such agency-- (A) shall direct the State immediately to return any such amounts that the State received for that period; and (B) shall reallocate amounts returned under subparagraph (A) to other States that are not sanctuary jurisdictions. (2) Unit of general local government.--If a unit of general local government is a sanctuary jurisdiction during a period in fiscal year 2019 or thereafter for which it receives Federal financial assistance (as defined in section 7501 of title 31, United States Code) from an Executive agency (as defined in section 105 of title 5, United States Code), any such amounts that the unit of general local government received for that period-- (A) in the case of a unit of general local government that is not in a nonentitlement area, shall be returned the head of such agency for reallocation to States and other units of general local government that are not sanctuary jurisdictions; and (B) in the case of a unit of general local government that is in a nonentitlement area, shall be returned to the Governor of the State for reallocation to other units of general local government in the State that are not sanctuary jurisdictions.

No Federal Funding to Benefit Sanctuary Cities Act This bill prohibits a sanctuary jurisdiction from receiving federal financial assistance. A sanctuary jurisdiction is a state or political subdivision that has a statute, policy, or practice in effect that prohibits or restricts: (1) information sharing about an individual's immigration status, or (2) compliance with a lawfully issued detainer request or notification of release request. A state or political subdivision that complies with a detainer is deemed to be an agent of the Department of Homeland Security and is authorized to take actions to comply with the detainer. The bill limits the liability of a state or political subdivision, or an officer or employee of such state or political subdivision, for actions in compliance with the detainer.

{"src": "billsum_train", "title": "No Federal Funding to Benefit Sanctuary Cities Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Open Skies Treaty Compliance Assurance Act''. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) Covered state party.--The term ``covered state party'' means a foreign country that-- (A) is a state party to the Open Skies Treaty; and (B) is a United States ally. (3) Intelligence community.--The term ``intelligence community'' has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003). (4) Observation aircraft, observation flight, and sensor.-- The terms ``observation aircraft'', ``observation flight'', and ``sensor'' have the meanings given such terms in Article II of the Open Skies Treaty. (5) Open skies treaty.--The term ``Open Skies Treaty'' means the Treaty on Open Skies, done at Helsinki March 24, 1992, and entered into force January 1, 2002. SEC. 3. CERTIFICATION OF NEW SENSORS. (a) Limitation.--Notwithstanding any other provision of law, no funds may be obligated or expended to aid, support, permit, or facilitate the certification or approval of any new sensor, including to carry out an initial or exhibition observation flight of an observation aircraft, for use by the Russian Federation on observation flights under the Open Skies Treaty unless the President, in consultation with the Secretary of State, the Secretary of Defense, the Secretary of Homeland Security, and the Director of National Intelligence, submits to the appropriate committees of Congress the certification described in subsection (b)(1). (b) Certification.-- (1) In general.--The certification described in this subsection is a certification for a new sensor referred to in subsection (a) that-- (A) the capabilities of the new sensor do not exceed the capabilities imposed by the Open Skies Treaty, and safeguards are in place to prevent the new sensor, or any information obtained therefrom, from being used in any way not permitted by the Open Skies Treaty; (B) the Secretary of Defense, the commanders of relevant combatant commands, the directors of relevant elements of the intelligence community, and the Federal Bureau of Investigation have in place mitigation measures with respect to collection against high-value United States assets and critical infrastructure by the new sensor; (C) each covered state party has been notified and briefed on concerns of the intelligence community regarding upgraded sensors used under the Open Skies Treaty, Russian Federation warfighting doctrine, and intelligence collection in support thereof; and (D) the Russian Federation is in compliance with all of its obligations under the Open Skies treaty, including the obligation to permit properly notified covered state party observation flights over all of Moscow, Chechnya, Abkhazia, South Ossetia, and Kaliningrad. (2) Specific sensor approval.--The certification described in paragraph (1) shall be required for each sensor and platform for which the Russian Federation has requested approval under to the Open Skies Treaty. (c) Waiver Authority.-- (1) In general.--The President may waive the requirements of subparagraph (D) of subsection (b)(1) if, not later than 30 days prior to certifying or approving a new sensor for use by the Russian Federation on observation flights under the Open Skies Treaty, the President submits a certification to the appropriate committees of Congress that the certification or approval of the new sensor is in the national security interest of the United States that includes the following: (A) A written explanation of the reasons it is in the national security interest of the United States to certify or approve the sensor. (B) The date that the President expects the Russian Federation to come into full compliance with all of its Open Skies Treaty obligations, including the overflight obligations described in subparagraph (D) of subsection (b)(1). (C) A detailed description of efforts made by the United States Government to bring the Russian Federation into full compliance with the Open Skies Treaty. (2) Form.--Each certification submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

Open Skies Treaty Compliance Assurance Act This bill prohibits funds from being obligated or expended to aid the certification or approval of any new sensor, including to carry out an initial or exhibition observation flight of an observation aircraft, for use by the Russian Federation on observation flights under the Treaty on Open Skies unless the President certifies to Congress that: the new sensor's capabilities do not exceed capabilities imposed by the treaty and safeguards are in place to prevent the sensor or any information obtained from being used in any way not permitted by the treaty; mitigation measures are in place regarding collection by such sensor of high-value U.S. assets and critical infrastructure; each covered state party has been briefed on intelligence concerns regarding upgraded sensors used under the treaty, Russian Federation war fighting doctrine, and related intelligence collection; and the Russian Federation is in compliance with all of its treaty obligations, including the obligation to permit properly notified covered state party observation flights over all of Moscow, Chechnya, Abkhazia, South Ossetia, and Kaliningrad. Certification is required for each sensor and platform for which the Russian Federation has requested approval under the treaty. The President may waive the requirement of Russian compliance with treaty obligations by certifying that sensor certification or approval is in U.S. national security interests. Such certification must include the date such compliance is expected and a description of U.S. efforts to achieve it. "Covered state party" means a foreign country that is a state party to the treaty and a U.S. ally.

{"src": "billsum_train", "title": "Open Skies Treaty Compliance Assurance Act"}

48 on January 23, 1991, by a vote of 418-0, condemning ``the flagrant and deliberate violations'' by Iraq resulting in the brutal torture and inhumane treatment of United States prisoners of war during that war, and the Senate, also in response to the patent abuse of the prisoners of war, passed Senate Concurrent Resolution 5 on January 24, 1991, by a vote of 99-0, demanding that ``Iraq abide by the principles and the obligations of the Third Geneva Convention concerning the treatment of prisoners of war . . . .'' and condemning Iraq's failure to do so; subsequently, Iraq ignored these resolutions of the Congress and continued to brutally mistreat United States prisoners of war. (9) Seventeen United States prisoners of war from the First Gulf War and 37 of their family members have brought an historic action in the United States District Court for the District of Columbia against the Republic of Iraq, the Iraqi Intelligence Service, and Saddam Hussein in his capacity as President of the Republic of Iraq, for the brutal torture of the prisoners of war while held by Iraq during the First Gulf War. In this action-- (A) an entry of default was entered against defendants on September 25, 2002; and (B) the factual and legal submissions for a judgment by the court, including detailed sworn affidavits as to Iraq's brutal torture, were submitted to the court on March 31, 2003. Those sworn affidavits show shocking brutality directed against the United States prisoners of war by Iraq. (10) The Congress determined, in enacting section 1605(a)(7) of title 28, United States Code, permitting suit against terrorist states for personal injury or death caused by an act of torture, which was the legal basis for this historic action against Iraq by the tortured United States prisoners of war, that substantial civil damages are an important additional deterrent against such acts of torture directed against nationals of the United States. (11) The Republic of Iraq and its agencies, instrumentalities, and controlled entities had approximately $1,730,000,000 in blocked assets in the United States at the start of the Second Gulf War. (12) Those assets were vested by the Executive Order 13290 of March 20, 2003, for the purpose of assisting in the reconstruction of Iraq. (13) Approximately $300,000,000 of the blocked assets were initially set aside for the satisfaction of civil judgments obtained by United States hostages held in Iraq during the First Gulf War, but no amount of the blocked assets was set aside for those plaintiffs who were United States prisoners of war and who, at that time, already had an entry of default against Iraq. (14) The plaintiffs in the historic case against Saddam Hussein and Iraq who were United States prisoners of war have established a nonprofit Foundation for the assistance of United States and Allied prisoners of war and those missing in action and their families, and have pledged to the court that a substantial amount of any noncompensatory damages realized from the case will be donated to the new Foundation. (15) The Republic of Iraq has great national wealth, with proven oil reserves of at least 110,000,000,000 barrels, second only to Saudi Arabia, and 3 times those of the United States, and when its reserves are fully developed they may even exceed those of Saudi Arabia. (16) Other nations have not absolved Iraq of its state obligations under the Third Geneva Convention arising from the First Gulf War and other sources, and the torture and inhuman treatment of United States prisoners of war during the First Gulf War are, in any event, a ``non-absolvable liability'' of the state of Iraq. (17) Iraq has not accounted for one of the United States prisoners of war held by Iraq during the First Gulf War. (18) In the Second Gulf War, Iraq is in violation of the Third Geneva Convention by subjecting United States prisoners of war to coerced propaganda videotapes, and there are disturbing reports of the willful killing and mistreatment of United States prisoners of war by Iraq, violations condemned in Senate Concurrent Resolution 31, which passed on April 9, 2003, by a vote of 99-0, and in House Concurrent Resolution 118, which passed on March 27, 2003, by a vote of 419-0. (19) The United States has a critical national interest in ensuring the protection of United States prisoners of war, enhancing compliance with the Third Geneva Convention, and in taking immediate decisive action that could contribute to the protection of United States prisoners of war. SEC. 3. POLICY REGARDING PERSONS. (a) Policy.--It is the policy of the United States, in accordance with article 129 of the Third Geneva Convention, to search out and try before its courts persons alleged to have committed, or to have ordered to be committed, grave breaches of the Third Geneva Convention against United States prisoners of war, including willful killing, torture, and inhumane treatment. (b) Implementation.--The United States will vigorously implement the policy set forth in subsection (a) toward those persons who have mistreated United States prisoners of war during the First and Second Gulf Wars, including those in the Iraqi Government who have ordered or carried out any such mistreatment. SEC. 4. POLICIES REGARDING COUNTRIES. (a) Policy.--It is the policy of the United States, in accordance with article 131 of the Third Geneva Convention, to hold liable countries that commit grave breaches against United States prisoners of war, including willful killing, torture, and inhumane treatment. As a High Contracting Party to the Third Geneva Convention, the United States will not absolve such states of any such liability. (b) Payment of Claims.--In carrying out the policy set forth in subsection (a), the Secretary of the Treasury, at the request of the plaintiffs, shall pay from the Treasury, in full, but in an amount not exceeding the sum of those blocked funds of Iraq and its agencies, instrumentalities, and controlled entities that were vested by Executive Order 13290 of March 20, 2003, for the purpose of assisting in the reconstruction of Iraq, any judgment in Civil Action No. 02-0632 in the United States District Court for the District of Columbia brought by United States prisoners of war and their family members against the Republic of Iraq, the Iraqi Intelligence Service, and Saddam Hussein in his capacity as President of the Republic of Iraq, for the brutal torture of those United States prisoners of war during the First Gulf War. The United States shall be fully subrogated against the Republic of Iraq for payments made under this subsection. SEC. 5. POLICY WITH RESPECT TO PRISONERS OF WAR IN SECOND GULF WAR. If, following the Second Gulf War, it becomes evident that United States prisoners of war have been killed, tortured, or mistreated during that war, or that the unaccounted for United States prisoner of war from the First Gulf War was killed or tortured by Iraq, it shall be the policy of the United States to support the claims of those United States prisoners of war and their immediate family members against the Republic of Iraq, for resolution on the basis of the same policy as is set forth in section 4. SEC. 6. DEFINITION. In this Act, the term ``Third Geneva Convention'' means the Geneva Convention of 1949 relative to the Treatment of Prisoners of War.

Prisoner of War Protection Act of 2003 - Declares it is U.S. policy to: (1) search out and try in U.S. courts any persons who have mistreated (including willfully killing, torturing, or treating inhumanely) U.S. prisoners of war during the First and Second Gulf Wars; and (2) hold liable countries that commit grave breaches of the Third Geneva Convention against U.S. prisoners of war, including willful killing, torture, and inhumane treatment. Directs the Secretary of the Treasury, at the request of the plaintiff, to pay from the Treasury, but not exceeding the sum of Iraqi blocked funds that were vested by Executive Order 13290 of March 20, 2003, any judgment in Civil Action No. 02-0632 in the U.S. District Court for the District of Columbia brought by U.S. prisoners of war and their families against the Republic of Iraq, the Iraqi Intelligence Service, and Saddam Hussein for the brutal torture of them during the First Gulf War. Declares that it shall be U.S. policy to support the claims of U.S. prisoners of war and their families against the Republic of Iraq if, following the Second Gulf War, it becomes evident that U.S. prisoners of war have been killed, tortured, or mistreated during that war, or that the unaccounted-or U.S. prisoner of war from the First Gulf War was killed or tortured by Iraq.

{"src": "billsum_train", "title": "To provide for the payment of claims of United States prisoners of war in the First Gulf War, and for other purposes."}

SECTION 1. CONSTRUCTIVE SALES TREATMENT FOR APPRECIATED FINANCIAL POSITIONS. (a) In General.--Part IV of subchapter P of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 1259. CONSTRUCTIVE SALES TREATMENT FOR APPRECIATED FINANCIAL POSITIONS. ``(a) In General.--If there is a constructive sale of an appreciated financial position-- ``(1) the taxpayer shall recognize gain as if such position were sold for its fair market value on the date of such constructive sale (and any gain shall be taken into account for the taxable year which includes such date), and ``(2) for purposes of applying this title for periods after the constructive sale-- ``(A) proper adjustment shall be made in the amount of any gain or loss subsequently realized with respect to such position for any gain taken into account by reason of paragraph (1), and ``(B) the holding period of such position shall be determined as if such position were originally acquired on the date of such constructive sale. ``(b) Appreciated Financial Position.--For purposes of this section-- ``(1) In general.--The term `appreciated financial position' means any position with respect to any stock, debt instrument, or partnership interest if there would be gain were such position sold. ``(2) Position.--The term `position' means an interest, including a futures or forward contract, short sale, or option. ``(3) Treatment of limited-term interests.--Except as provided in regulations, the term position shall not include any interest that has a term of 3 years of less. ``(4) Positions as to which gain or loss is otherwise recognized during the taxable year.--The term position does not include any position that-- ``(A) is sold or disposed of during the taxable year in a transaction in which gain or loss is recognized, or ``(B) is marked to market under section 475, section 1256, or any other provision. ``(c) Constructive Sale.--For purposes of this section-- ``(1) In general.--A taxpayer shall be treated as having made a constructive sale of an appreciated financial position of the taxpayer (or a related person) enters into any of the following transactions and the transaction has not been closed or terminated within 1 year of the date it was entered into-- ``(A) making a short sale of substantially identical property, ``(B) entering into an offsetting notional principal contract with respect to substantially identical property, ``(C) entering into a futures or forward contract to deliver substantially identical property, ``(D) in the case of an appreciated financial position that is a short sale or a contract described in subparagraph (B) or (C) with respect to any property, acquiring substantially identical property, or ``(E) to the extent provided in regulations having prospective effect, entering into 1 or more other transactions (or acquiring 1 or more positions) that have substantially the same effect as a transaction described in any of the preceding subparagraphs. A constructive sale shall be deemed to occur on the date that is 1 year after the date on which the transaction described in subparagraphs (A) through (E) is entered into. ``(2) Related person.--A person is related to another person with respect to a transaction if-- ``(A) the relationship is described in section 267 or 707(b), and ``(B) such transaction is entered into with a view toward avoiding the purposes of this section. ``(3) Special rule for debt instruments.--For purposes of paragraph (1)(A), positions in interest rates shall be treated as positions in property which are substantially identical to debt instruments. ``(d) Other Definitions.--For purposes of this section-- ``(1) Forward contract.--The term `forward contract' includes a fully or partially prepaid forward contract. ``(2) Offsetting notional principal contract.--The term `offsetting notional principal contract' means, with respect to any property, an agreement to pay the investment yield (including appreciation) on such property for a specified period in exchange for the right to be reimbursed for any decline in the value of such property and for other consideration. ``(e) Special Rules.-- ``(1) Treatment of subsequent sale of position.--If-- ``(A) a taxpayer (or a related person) enters into a transaction described in subsection (c)(1) with respect to any appreciated financial position, ``(B) such position is subsequently sold or otherwise disposed of, and ``(C) at the time of such sale or disposition, the transaction described in subsection (c)(1) remains open with respect to the taxpayer or any related person, solely for purposes of determining whether the taxpayer has entered into a constructive sale of any other appreciated financial position held by the taxpayer, the taxpayer shall be treated as entering into such transaction immediately after such sale or other disposition. ``(2) Certain trust instruments treated as stock.--For purposes of this section, an interest in a trust which is actively traded (within the meaning of section 1092(d)(1)) shall be treated as stock. ``(3) Multiple positions in property.--If there is a constructive sale of a portion of any property held by the taxpayer, the determination of the specific property which is deemed sold shall be made in the same manner as if the constructive sale were an actual sale; except that property treated as sold by reason of a prior constructive sale that remains open shall be disregarded. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section.'' (b) Clerical Amendment.--The table of sections for part IV of subchapter P of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 1259. Constructive sales treatment for appreciated financial positions.'' (c) Effective Date.--The amendments made by this section shall apply to constructive sales after the date of the enactment of this Act.

Amends the Internal Revenue Code to provide that if there is a constructive sale of an appreciated financial position: (1) a taxpayer shall recognize gain as if such position were sold for its fair market value on the date of the constructive sale; and (2) for purposes of the treatment of gains and losses for periods after the constructive sale, proper adjustment shall be made in the amount of any gain or loss subsequently realized with respect to such position for any gain taken into account by reason of the above and the holding period of such position shall be determined as if such position were originally acquired on the date of such constructive sale.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to require gain recognition in the case of certain transactions that are equivalent to sales of financial instruments."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cyber-Security Enhancement Act of 2007''. SEC. 2. PERSONAL ELECTRONIC RECORDS. Section 1030(a)(2) of title 18, United States Code, is amended-- (1) by striking ``or'' at the end of subparagraph (B); and (2) by adding at the end the following: ``(D) a unique electronic identification number, address or routing code, or access device (as defined in section 1029(e)(1)), from a protected computer; or''. SEC. 3. USE OF FULL INTERSTATE AND FOREIGN COMMERCE POWER FOR CRIMINAL PENALTIES. (a) Broadening of Scope.--Section 1030(e)(2)(B) of title 18, United States Code, is amended by inserting ``or affecting'' after ``which is used in''. (b) Elimination of Requirement of an Interstate or Foreign Communication for Certain Offenses Involving Protected Computers.-- Section 1030(a)(2)(C) of title 18, United States Code, is amended by striking ``if the conduct involved an interstate or foreign communication''. SEC. 4. RICO PREDICATES. Section 1961(1)(B) of title 18, United States Code, is amended by inserting ``section 1030 (relating to fraud and related activity in connection with computers),'' before ``section 1084''. SEC. 5. CYBER-EXTORTION. Section 1030(a)(7) of title 18, United States Code, is amended by inserting ``, or to access without authorization or exceed authorized access to a protected computer'' after ``cause damage to a protected computer''. SEC. 6. CONSPIRACY TO COMMIT CYBER-CRIMES. Section 1030(b) of title 18, United States Code, is amended by inserting ``or conspires'' after ``attempts''. SEC. 7. PENALTIES FOR SECTION 1030 VIOLATIONS. Subsection (c) of section 1030 of title 18, United States Code, is amended to read as follows: ``(c) The court, in imposing sentence for an offense under subsection (a) or (b), shall, in addition to any other sentence imposed and irrespective of any provision of State law, order that the person forfeit to the United States-- ``(1) the person's interest in any personal property that was used or intended to be used to commit or to facilitate the commission of such violation; and ``(2) any property, real or personal, constituting or derived from, any proceeds the person obtained, directly or indirectly, as a result of such violation.''. SEC. 8. DIRECTIVE TO SENTENCING COMMISSION. (a) Directive.--Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall forthwith review its guidelines and policy statements applicable to persons convicted of offenses under sections 1028, 1028A, 1030, 1030A, 2511 and 2701 of title 18, United States Code and any other relevant provisions of law, in order to reflect the intent of Congress that such penalties be increased in comparison to those currently provided by such guidelines and policy statements. (b) Requirements.--In determining its guidelines and policy statements on the appropriate sentence for the crimes enumerated in paragraph (a), the Commission shall consider the extent to which the guidelines and policy statements may or may not account for the following factors in order to create an effective deterrent to computer crime and the theft or misuse of personally identifiable data-- (1) the level of sophistication and planning involved in such offense; (2) whether such offense was committed for purpose of commercial advantage or private financial benefit; (3) the potential and actual loss resulting from the offense; (4) whether the defendant acted with intent to cause either physical or property harm in committing the offense; (5) the extent to which the offense violated the privacy rights of individuals; (6) the effect of the offense upon the operations of a government agency of the United States, or of a State or local government; (7) whether the offense involved a computer used by the government in furtherance of national defense, national security or the administration of justice; (8) whether the offense was intended to, or had the effect of significantly interfering with or disrupting a critical infrastructure; (9) whether the offense was intended to, or had the effect of creating a threat to public health or safety, injury to any person, or death; and (10) whether the defendant purposefully involved a juvenile in the commission of the offense to avoid punishment. (c) Additional Requirements.--In carrying out this section, the Commission shall-- (1) assure reasonable consistency with other relevant directives and with other sentencing guidelines; (2) account for any additional aggravating or mitigating circumstances that might justify exceptions to the generally applicable sentencing ranges; (3) make any conforming changes to the sentencing guidelines; and (4) assure that the guidelines adequately meet the purposes of sentencing as set forth in section 3553(a)(2) of title 18, United States Code. SEC. 9. DAMAGE TO PROTECTED COMPUTERS. (a) Section 1030(a)(5)(B) of title 18, United States Code, is amended-- (1) by striking ``or'' at the end of clause (iv); (2) by inserting ``or'' at the end of clause (v); and (3) by adding at the end the following: ``(vi) damage affecting ten or more protected computers during any 1-year period.''. (b) Section 2332b(g)(5)(B)(i) of title 18, United States Code, is amended by striking ``(v) (relating to protection of computers)'' and inserting ``(vi) (relating to the protection of computers)''. SEC. 10. ADDITIONAL FUNDING FOR RESOURCES TO INVESTIGATE AND PROSECUTE CRIMINAL ACTIVITY INVOLVING COMPUTERS. (a) Additional Funding for Resources.-- (1) Authorization.--In addition to amounts otherwise authorized for resources to investigate and prosecute criminal activity involving computers, there are authorized to be appropriated for each of the fiscal years 2007 through 2011-- (A) $10,000,000 to the Director of the United States Secret Service; (B) $10,000,000 to the Attorney General for the Criminal Division of the Department of Justice; and (C) $10,000,000 to the Director of the Federal Bureau of Investigation. (2) Availability.--Any amounts appropriated under paragraph (1) shall remain available until expended. (b) Use of Additional Funding.--Funds made available under subsection (a) shall be used by the Director of the United States Secret Service, the Director of the Federal Bureau of Investigation, and the Attorney General, for the United States Secret Service, the Federal Bureau of Investigation, and the criminal division of the Department of Justice, respectively, to-- (1) hire and train law enforcement officers to-- (A) investigate crimes committed through the use of computers and other information technology, including through the use of the Internet; and (B) assist in the prosecution of such crimes; and (2) procure advanced tools of forensic science to investigate, prosecute, and study such crimes.

Cyber-Security Enhancement Act of 2007 - Amends the federal criminal code to: (1) prohibit accessing a protected computer to obtain a unique identification number, address or routing code, or access device; (2) revise the definition of "protected computer" to include computers affecting interstate or foreign commerce or communication; (3) expand the definition of "racketeering" to include computer fraud; (4) redefine the crime of computer-related extortion to include threats to access without authorization (or to exceed authorized access of) a protected computer; (5) impose criminal penalties for conspiracy to commit computer fraud; (6) require forfeiture of property used to commit computer fraud; and (7) impose criminal penalties for damaging 10 or more protected computers during any one-year period. Directs the U.S. Sentencing Commission to review and amend its guidelines and policy statements to reflect congressional intent to increase criminal penalties for computer fraud. Authorizes additional appropriations in FY2007-FY2011 to the U.S. Secret Service, the Department of Justice, and the Federal Bureau of Investigation (FBI) to investigate and prosecute criminal activity involving computers.

{"src": "billsum_train", "title": "To amend title 18, United States Code, to better assure cyber-security, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fort Donelson National Battlefield Expansion Act of 2002''. SEC. 2. FORT DONELSON NATIONAL BATTLEFIELD. (a) Designation; Purpose.--There exists as a unit of the National Park System the Fort Donelson National Battlefield to commemorate-- (1) the Battle of Fort Donelson in February 1862; and (2) the campaign conducted by General Ulysses S. Grant and Admiral Andrew H. Foote that resulted in the capture of Fort Donelson by Union forces. (b) Boundaries.--The Fort Donelson National Battlefield shall consist of the site of Fort Donelson and associated land that has been acquired by the Secretary of the Interior for administration by the National Park Service, including Fort Donelson National Cemetery, in Stewart County, Tennessee and the site of Fort Heiman and associated land in Calloway County, Kentucky, as generally depicted on the map entitled ``__________________'' numbered ________________, and dated ____. The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (c) Expansion of Boundaries.--The Fort Donelson National Battlefield shall also include any land acquired pursuant to section 3. SEC. 3 LAND ACQUISITION RELATED TO FORT DONELSON NATIONAL BATTLEFIELD. (a) Acquisition Authority.--Subject to subsections (b) and (c), the Secretary of the Interior may acquire land, interests in land, and improvements thereon for inclusion in the Fort Donelson National Battlefield. Such land, interests in land, and improvements may be acquired by the Secretary only by purchase from willing sellers with appropriated or donated funds, by donation, or by exchange with willing owners. (b) Land Eligible for Acquisition.--The Secretary of the Interior may acquire land, interests in land, and improvements thereon under subsection (a)-- (1) within the boundaries of the Fort Donelson National Battlefield described in section 2(b); and (2) outside such boundaries if the land has been identified by the American Battlefield Protection Program as part of the battlefield associated with Fort Donelson or if the Secretary otherwise determines that acquisition under subsection (a) will protect critical resources associated with the Battle of Fort Donelson in 1862 and the Union campaign that resulted in the capture of Fort Donelson. (c) Boundary Revision.--Upon acquisition of land or interests in land described in subsection (b)(2), the Secretary of the Interior shall revise the boundaries of the Fort Donelson National Battlefield to include the acquired property. (d) Limitation on Total Acreage of Park.--The total area encompassed by the Fort Donelson National Battlefield may not exceed 2,000 acres. SEC. 4. ADMINISTRATION OF FORT DONELSON NATIONAL BATTLEFIELD. The Secretary of the Interior shall administer the Fort Donelson National Battlefield in accordance with this Act and the laws generally applicable to units of the National Park System, including the Act of August 25, 1916 (commonly known as the National Park Service Organic Act; 16 U.S.C. 1 et seq.), and the Act of August 21, 1935 (commonly known as the Historic Sites, Buildings, and Antiquities Act; 16 U.S.C. 461 et seq.). SEC. 5. RELATION TO LAND BETWEEN THE LAKES NATIONAL RECREATION AREA. The Secretary of Agriculture and the Secretary of the Interior shall enter into a memorandum of understanding to facilitate cooperatively protecting and interpreting the remaining vestige of Fort Henry and other remaining Civil War resources in the Land Between the Lakes National Recreation Area affiliated with the Fort Donelson campaign. SEC. 6. REPEAL OF OBSOLETE PROVISIONS AND CONFORMING AMENDMENTS. (a) Repeals.-- (1) 1928 law.--The first section and sections 2 through 7 of the Act of March 26, 1928 (16 U.S.C. 428a-428f), are repealed. (2) 1937 law.--Section 3 of the Act of August 30, 1937 (16 U.S.C. 428d-3), is repealed. (3) 1960 law.--Sections 4 and 5 of Public Law 86-738 (16 U.S.C. 428n, 428o) are repealed. (b) Conforming Amendments.-- (1) 1928 law.--The Act of March 26, 1928, is amended-- (A) in section 8 (16 U.S.C. 428g), by striking ``Secretary of War'' and inserting ``Secretary of the Interior''; (B) in section 9 (16 U.S.C. 428h)-- (i) by striking ``Fort Donelson National Park'' and inserting ``Fort Donelson National Battlefield''; and (ii) by striking ``Secretary of War'' and inserting ``Secretary of the Interior''; and (C) in section 10 (16 U.S.C. 428i), by striking ``Secretary of War'' and inserting ``Secretary of the Interior''. (2) 1937 law.--The Act of August 30, 1937, is amended-- (A) in the first section (16 U.S.C. 428d-1)-- (i) by striking ``Fort Donelson National Military Park'' and inserting ``Fort Donelson National Battlefield''; and (ii) by striking ``War Department'' and inserting ``Department of the Army''; and (B) in section 2 (16 U.S.C. 428d-2)-- (i) by striking ``Fort Donelson National Military Park'' and inserting ``Fort Donelson National Battlefield''; (ii) by striking ``said national military park'' and inserting ``Fort Donelson National Battlefield''; and (iii) by striking the last sentence. (3) 1960 law.--The first section of Public Law 86-738 (16 U.S.C. 428k) is amended-- (A) by striking ``Fort Donelson National Military Park'' and inserting ``Fort Donelson National Battlefield''; and (B) by striking ``, but the total area commemorating the battle of Fort Donelson shall not exceed 600 acres''.

Fort Donelson National Battlefield Expansion Act of 2002 - Authorizes the Secretary of the Interior to acquire for inclusion in the Fort Donelson National Battlefield land, interests, and improvements: (1) within the boundaries of the Battlefield; and (2) outside such boundaries if the land has been identified by the American Battlefield Protection Program as part of the battlefield associated with Fort Donelson or if the Secretary otherwise determines that acquisition will protect critical resources associated with the Battle of Fort Donelson in1862 and the Union campaign that resulted in the capture of the Fort. Limits the total area encompassed by the Battlefield to 2,000 acres.Directs the Secretary and the Secretary of Agriculture to enter into a memorandum of understanding to facilitate cooperatively protecting and interpreting the remaining vestige of Fort Henry and other remaining Civil War resources in the Land Between the Lakes National Recreation Area affiliated with the Fort Donelson campaign.

{"src": "billsum_train", "title": "To expand the boundaries of the Fort Donelson National Battlefield to authorize the acquisition and interpretation of lands associated with the campaign that resulted in the capture of the fort in 1862, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Protection and Tax Relief Act of 1999''. SEC. 2. FINDINGS. Congress finds the following: (1) Working people are subject to social security taxes as well as income taxes, and for over 90 percent of the population the combined tax on earned income is higher than the income tax rates of 15 percent and 28 percent that apply to unearned income. (2) There is no logical reason why social security taxes should be imposed only on earnings and not on unearned income (such as dividends, interest, rent income, and capital gains). SEC. 3. SOCIAL SECURITY TAX ON CERTAIN UNEARNED INCOME. (a) In General.--Subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to determination of tax liability) is amended by adding at the end the following new part: ``PART VIII--SOCIAL SECURITY TAX ON CERTAIN UNEARNED INCOME ``Sec. 59B. Social security tax on certain unearned income. ``SEC. 59B. SOCIAL SECURITY TAX ON CERTAIN UNEARNED INCOME. ``(a) Imposition of Tax.--In the case of an individual, there is hereby imposed (in addition to any other tax imposed by this subtitle) for each taxable year a tax equal to 12 percent of such individual's social security taxable income for such taxable year. ``(b) Definitions.--For purposes of this section-- ``(1) Social security taxable income.--The term `social security taxable income' means adjusted gross income reduced by the greater of-- ``(A) the sum of-- ``(i) the standard deduction applicable to the taxpayer (or which would be applicable if the taxpayer did not elect to itemize deductions for the taxable year), and ``(ii) the deduction for personal exemptions under section 151 (determined without regard to subsection (d)(3) thereof), or ``(B) the aggregate exempt income of the taxpayer for the taxable year. ``(2) Exempt income.--The term `exempt income' means the following amounts to the extent included in gross income: ``(A) Amounts received as a pension or annuity from a qualified plan (as defined in section 4980(c)(1)). ``(B) Amounts received as a social security benefit (as defined in section 86(d)). ``(C) Amounts received as earned income (within the meaning of section 911(d)). ``(c) Credits Not Allowed, Etc.--The tax imposed by this section shall not be treated as a tax imposed by this chapter for purposes of determining-- ``(1) the amount of any credit allowable under this chapter, or ``(2) the amount of the minimum tax imposed by section 55.''. (b) Clerical Amendment.--The table of parts for subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Part VIII. Social security tax on certain unearned income.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1999. (d) Transfers to Trust Funds.-- (1) In general.--There are hereby appropriated to the payor funds amounts equivalent to the tax imposed by section 59B of such Code (as added by this section). The Secretary of the Treasury shall make appropriate allocations of revenue received in the general fund of the Treasury to each payor fund. (2) Transfers.--The amounts appropriated by paragraph (1) to any payor fund shall be transferred from time to time (but not less frequently than quarterly) from the general fund of the Treasury on the basis of estimates made by the Secretary of the Treasury of the amounts referred to in such paragraph. Any such quarterly payment shall be made on the first day of such quarter and shall take into account revenue estimated to be received during such quarter. Proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (3) Definitions.--For purposes of this subsection-- (A) Payor fund.--The term ``payor fund'' means any trust fund or account from which payments of social security benefits are made. (B) Social security benefits.--The term ``social security benefits'' has the meaning given such term by section 86(d) of the Internal Revenue Code of 1986. SEC. 4. CHANGE IN RATES OF SOCIAL SECURITY TAXES. (a) Decrease in Rate of OASDI Tax on Employees.--The table in section 3101(a) of the Internal Revenue Code of 1986 is amended by striking the last item and inserting the following: ``1990 or any year before 2000................ 6.2 percent ``2000 or thereafter.......................... 4.95 percent.'' (b) Decrease in Rate of OASDI Tax on Employers.--The table in section 3111(a) of such Code is amended by striking the last item and inserting the following: ``1990 or any year before 1999................ 6.2 percent ``1999 or thereafter.......................... 4.95 percent.'' (c) Decrease in Rate of OASDI Tax on Self-Employment Income.--The table in section 1401(a) of such Code is amended by striking the last item and inserting the following: ``December 31, 1989................. January 1, 2000........ 12.4 ``December 31, 1999................. ....................... 9.9.''

Social Security Protection and Tax Relief Act of 1999 - Amends the Internal Revenue Code to impose a 12 percent tax on an individual's "social security taxable income." Defines such income. Decreases the old age, survivors, and disability income (social security taxes) tax rates.

{"src": "billsum_train", "title": "Social Security Protection and Tax Relief Act of 1999"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``The Inmate Work, Education, and Responsibility Curriculum Act of 2009'' or the ``I-WERC Act''. SEC. 2. FINDINGS. Congress finds the following: (1) More than 2,300,000 people are incarcerated in Federal, State, Tribal, or local correction facilities in the United States, with an average stay of 30 months. (2) Of the individuals now in prison, 97 percent will eventually be released into communities. More than 700,000 of these individuals are released into communities every year. (3) A Bureau of Justice Statistics Report found 67.5 percent of people released from correctional facilities in 1994 were arrested again within the 3-year period after their release from incarceration. (4) Many of the men and women who will leave correction facilities each year have mental health and alcohol or substance use disorders, have low levels of education and job training, and face significant barriers to employment. (5) A number of studies have shown that at every stage of the criminal justice process--from arrest, pretrial, conviction, to incarceration--81 percent of those incarcerated in Federal facilities, and 77 percent of those housed in local jails have alcohol and drug use problems, or were under the influence of alcohol or drugs when they committed their offenses. However, only 13 percent of these individuals receive drug and alcohol treatment while they are incarcerated according to the Office of National Drug Control Policy. (6) Substance use disorder treatment has been proven to reduce drug use, recidivism, unemployment, and homelessness, according to several studies, and every dollar invested in substance use disorder treatment saves taxpayers $7.46 in other social costs. (7) Individuals reentering society from incarceration have significant educational needs. Fewer than half of those released have a high school education or higher. The typical Louisiana inmate has a fifth grade literacy level. (8) Prison inmates interviewed as part of the Department of Justice's Serious and Violent Offender Reentry Initiative evaluation identified education as topping their list of most vital needs for a successful reentry into the community from prison. (9) According to a recent study of releases from the Indiana Department of Corrections, recidivism, education, and employment are closely linked. As the level of education goes up, the likelihood of employment increases. As employment increases, the likelihood of recidivism decreases. (10) According to the National Center for Education Statistics, more prison inmates were on waiting lists for vocational training programs than were enrolled in such programs when sampled as part of the National Assessment of Adult Literacy in 2004. (11) State, Tribal, and local governments have not been able to maintain prison education programs in the face of a prison population that has nearly doubled in the past decade. As a result, according to the National Institute for Literacy, the percentage of incarcerated individuals participating in correctional education programs is declining. (12) A study funded by the Department of Education found that participation in correctional education programs lowers the likelihood of an individual being incarcerated again by 29 percent, and that for every dollar spent on education, more than two dollars in reduced prison costs would be returned to taxpayers. The Federal Bureau of Prisons also found a 33 percent drop in recidivism among people detained in Federal facilities who participate in vocational and apprenticeship training. (13) According to the National Institute of Justice, 60 percent of formerly incarcerated individuals are unemployed after 1 year of release. Unemployment can contribute to the likelihood of repeating criminal conduct. (14) Job training and placement programs for formerly incarcerated people have been shown in a number of studies to improve employment outcomes and reduce recidivism. SEC. 3. PURPOSE. The purpose of this Act is to increase public safety and reduce recidivism rates by establishing a grant program under which the Attorney General provides competitive grants to State, Tribal, and local corrections agencies to help finance a 40-hour work week curriculum of self-improvement activities for incarcerated individuals that promotes responsibility, education, family, work, and parenthood. SEC. 4. PILOT PROGRAM TO MAKE GRANTS TO STATE, TRIBAL, AND LOCAL CORRECTIONS AGENCIES. (a) Grants Authorized.--For the purpose described in section 3, the Attorney General shall establish a 3-year pilot program under which the Attorney General is authorized to make grants on a competitive basis to State, Tribal, and local corrections agencies to fund a 40-hour work week curriculum of self-improvement activities for inmates that promote responsibility, education, family, work, and parenthood in accordance with the provisions of this section. (b) Application.-- (1) In general.--Each State, Tribal, or local corrections agency seeking a grant under this section shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may require. (2) Contents.--Each application submitted pursuant to paragraph (1) shall-- (A) describe and outline the 40-hour work week curriculum that each applicant plans to implement under the grant, including what activities a participant will be expected to attend as part of such curriculum; (B) list the prisons or jail facilities where the 40-hour work week curriculum will be implemented; (C) detail the number of people who will participate in the curriculum and how such people will be chosen to participate; (D) state the budget plan of the applicant for implementation of the grant, as well as an identification of sources for the matching requirement imposed under section 7; and (E) explain the standards for determining the performance of an incarcerated individual participating in the 40-hour work week curriculum. (c) Use of Funds.-- (1) 40-hour work week curriculum.--A grant awarded to a State, Tribal, or local corrections agency under this section shall be used to establish a 40-hour work week curriculum that includes a minimum of 3 of the following coordinated activities: (A) Working toward and acquiring a General Equivalency Diploma (in this section referred to as ``GED''), under which GED classes must be included in the curriculum for all incarcerated individuals lacking a high school diploma or GED. (B) Literacy training. (C) College courses. (D) Vocational training and education under which-- (i) such training and education shall be in accordance with State and local laws prohibiting currently and formerly incarcerated people from engaging in certain trades or occupations; and (ii) facilities shall provide job training for positions that are currently in high demand to meet workforce needs. (E) Civic or citizenship education. (F) Special education. (G) Cognitive skills training. (H) Job and skills training, which shall be in accordance with State and local laws prohibiting currently and formerly incarcerated people from engaging in certain trades or occupations. (I) Clinically appropriate substance use disorder services, including prevention and treatment services and appropriate recovery support services. (J) Mental health treatment. (K) Anger management or conflict resolution programs. (L) Prison work and other prison jobs. (M) Restorative justice activities, including community service, victim restitution, victim-offender dialogue, and groups or classes focusing on accountability, victim impact, or both. (N) Mentoring sessions. (O) Life skills training, including parenting classes, financial management, entrepreneurship training, health education, and career development. (2) Application of state and federal licensing requirements; coordination with state substance abuse agencies.--All curriculum activities and providers must comport with applicable State and Federal licensing requirements. Grantees must ensure that all substance use disorder services, including prevention, treatment, and recovery support services, are provided in coordination with the State substance abuse agency. (3) Additional authorized activities.--In addition to the activities described in paragraph (1), a demonstration grant awarded to a State, Tribal, or local corrections agency under this section may be used-- (A) to pay teachers, counselors, therapists, and other specialists to work with incarcerated people as part of the 40-hour work week curriculum established under this section; (B) to make grants to nonprofit organizations, educational facilities, or other community partners to implement programs that provide one or more of the approved 40-hour work week curriculum activities; (C) to pay for the costs associated with undertaking the initial assessments for participants required under section 5(a); and (D) to pay for security and administrative costs associated with providing activities within the authorized curriculum. SEC. 5. PARTICIPATION REQUIREMENTS. (a) Assessments.--Any incarcerated person who is required to, or volunteers to, participate in the 40-hour work week curriculum funded by a grant awarded under section 4 shall be subject to an assessment, using validated assessment tools, of the person's mental, physical, intellectual, and vocational abilities in order to formulate an initial curriculum for such person. (b) Participation.-- (1) Required participants.--Corrections officials may require each incarcerated person who is within 3 years of the release date or date of parole eligibility for such person to participate in the 40-hour work week curriculum funded by a grant under section 4. (2) Voluntary participants.--Corrections officials may expand the 40-hour work week curriculum so funded to other incarcerated persons who on a voluntary basis wish to participate in such curriculum but are not yet within 3 years of their release date or parole eligibility date. (3) Consultation.--Corrections officials may consult with the applicable parole board when identifying participants for the 40-hour work week curriculum so funded. (c) Incentives for Participating Inmates.--Under a 40-hour work week curriculum funded by a grant awarded under section 4, an incarcerated person who participates in such curriculum may receive rewards for successful completion of such curriculum, including-- (1) good time credit; (2) monetary compensation; (3) additional and more flexible visitation rights, consistent with public safety and in accordance with visitation guidelines; (4) letters of recommendation for when the incarcerated person leaves the correctional institution involved; and (5) other incentives as are allowed under the appropriate State law. (d) Required Information To Be Supplied to Participating Individuals.--Any incarcerated person who participates in a 40-hour work week curriculum funded by a grant awarded under section 4 shall receive information on how such person can restore any legal, civil, or employment rights, including voting rights, under the laws of the State in which such person is going to be released. SEC. 6. RESEARCH GRANT. The Attorney General is authorized to award a grant to the National Institute of Justice to design and conduct a study of the 40-hour work week curriculums funded by grants awarded under section 4 to determine the success or failure of such curriculums. SEC. 7. MATCHING REQUIREMENT. (a) In General.--The Attorney General may not make a grant to a State, Tribal, or local corrections agency under section 4 unless the State, Tribal, or local corrections agency agrees that with respect to the costs incurred by the State, Tribal, or local corrections agency in carrying out the 40-hour work week curriculum for which the grant was awarded, the State, Tribal, or local corrections agency will make available (directly or through donations from public or private entities) non-Federal contributions in an amount equal to 50 percent of such costs. (b) In-Kind Contributions.--The recipient of a grant awarded under section 4 may meet the matching requirement under subsection (A) by making in-kind contributions of goods or services that are directly related to the purpose for which such grant was awarded. SEC. 8. SUBMISSION OF REPORTS TO CONGRESS. Not later than January 31 of each year (before 2014), the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the success or failure of the curriculums developed under this bill during the preceding year. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated $160,000,000 for each of the fiscal years 2011, 2012, and 2013 to carry out the provisions of this Act. (b) Research Grant.--Of the amounts appropriated in subsection (a), $5,000,000 for each of fiscal years 2011, 2012, and 2013 shall be used to carry out the research grant established under section 6.

Inmate Work, Education, and Responsibility Curriculum Act of 2009 (sic) or the I-WERC Act - Directs the Attorney General to establish a three-year pilot program for making competitive grants to state, tribal, and local corrections agencies to fund a 40-hour work week curriculum of self-improvement activities for inmates that promote responsibility, education, family, work, and parenthood. Includes among the required uses of grant funds working toward and acquiring a general equivalency diploma, literacy training, vocational training and education, jobs and skills training, and mentoring sessions. Requires curriculum participants to undergo an assessment of their mental, physical, intellectual, and vocational abilities. Extends incentives to inmates for participation in the program, including good time credit, monetary compensation, additional and more flexible visitation rights, and letters of recommendation. Authorizes the Attorney General to award a grant to the National Institute of Justice to design and conduct a study of the curriculums funded by this Act.

{"src": "billsum_train", "title": "To increase public safety and reduce recidivism rates by creating a 3-year pilot program under which the Attorney General provides grants to correctional facilities to establish a 40-hour work week curriculum of responsible activities for incarcerated individuals."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Charles Butler McVay and U.S.S. INDIANAPOLIS Relief Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Shortly after midnight on the night of July 30, 1945, during the closing days of World War II, the United States Navy heavy cruiser U.S.S. INDIANAPOLIS (CA-35) was torpedoed and sunk by a Japanese submarine. (2) Of the 1,196 crew members, only 316 survived the attack and subsequent five-day ordeal adrift at sea, the rest of the crew dying from battle wounds, drowning, shark attacks, exposure, or lack of food and water, making the sinking of the INDIANAPOLIS the worst sea disaster in United States naval history. (3) Following the rescue of the surviving crew members, the commanding officer of the INDIANAPOLIS, Captain Charles Butler McVay III, who survived the sinking and the ordeal at sea, was charged with ``suffering a vessel to be hazarded through negligence'' and was convicted by a court-martial of that charge, notwithstanding a great many extenuating circumstances, some of which were not presented at the court-martial trial. (4) Captain McVay had an excellent record throughout his naval career before the sinking of the INDIANAPOLIS, beginning with his graduation from the United States Naval Academy in 1919 and including an excellent combat record throughout World War II that included participation in the landings in North Africa and award of the Silver Star for courage under fire earned during the Solomon Island campaign. (5) Assuming command of the INDIANAPOLIS on November 18, 1944, Captain McVay led the ship during her participation in the assaults on Iwo Jima and Okinawa. During the latter assault, the INDIANAPOLIS suffered a damaging kamikaze attack, but was skillfully returned by Captain McVay and her crew to San Francisco for repairs. (6) Following completion of those repairs, the INDIANAPOLIS was given the mission of transporting to the island of Tinian the vital parts for the two atomic bombs used in ending the war against Japan, a mission which was completed successfully on July 26, 1945, at a record average speed of 29 knots. (7) Following the accomplishment of that mission, the INDIANAPOLIS sailed from Tinian to Guam and from there embarked for Leyte Gulf in the Philippines, to join with the fleet assembling for the assault on Japan. (8) Before that last voyage, the headquarters of the Commander-in-Chief, Pacific Fleet (CINCPAC), failed to inform Captain McVay of intelligence in its possession concerning the activities of four Japanese submarines sighted along the route the INDIANAPOLIS would be sailing and where a Japanese submarine had sunk the U.S.S. UNDERHILL just days earlier. Nevertheless, Captain McVay was instructed to sail a direct route from Guam to Leyte, although this route brought the ship to the crossroads of the Guam-Leyte and Palau-Okinawa routes, an area that Japanese submarines would likely have heavily targeted due to the greater chance of spotting United States naval traffic there. (9) Because the INDIANAPOLIS did not have the capabilities to detect enemy submarines, Captain McVay in Guam requested a destroyer escort for the voyage to Leyte Gulf, a request which was denied, making the INDIANAPOLIS the first United States heavy warship to make that crossing unescorted during World War II. (10) After the INDIANAPOLIS was sunk, various Navy shore offices compounded the previous errors which had led to the ship being placed in jeopardy by failing to report the ship's overdue arrival, thus leaving the approximately 950 members of the crew who survived the sinking of the ship adrift for four days and five nights until by chance the survivors were spotted by a routine air patrol. (11) Because the news of the sinking of the INDIANAPOLIS, coinciding with the end of the war in the Pacific, threatened to detract from the Navy's role in that victory and from its desire for prominent status in the post-war military establishment, the Department of the Navy court-martialed Captain McVay, who thus became the first United States Navy commanding officer brought to trial for losing his ship in combat in World War II, despite the fact that over 700 ships were lost during World War II, including some under questionable circumstances. (12) A court of inquiry to investigate the sinking, convened on August 13, 1945, just two weeks after the sinking and 9 days after the survivors were rescued (a date so soon after the sinking that Captain William Hillbert, the Navy judge advocate for the inquiry, admitted that the inquiry was so rushed that they were ``. . . starting the proceedings without having available all the necessary data''), recommended that Captain McVay be issued a Letter of Reprimand and that he be court-martialed. (13) The court-martial charge against Captain McVay was entirely predicated upon his failure to order that the ship maintain a zigzag course even though (A) standing orders stated that zigzagging was not necessary during poor visibility (reported to have been at best ``patchy'' that night), (B) Mochitsura Hashimoto, the Japanese submarine commander who sank the ship, testified at the inquiry that it would not have made any difference if the ship were zigzagging or not, and (C) the headquarters staff of CINCPAC concluded that the rule requiring zigzagging would not have applied in any event since Captain McVay's routine orders gave him discretion on the matter and took precedence over all other orders (a point that was never made by Captain McVay's attorney). (14) The headquarters staff of CINCPAC disagreed with the recommendation of the court of inquiry that Captain McVay receive a Letter of Reprimand and that he be court-martialed, stating that in not maintaining a zigzag course Captain McVay at worst was guilty only of an error in judgment and not gross negligence. (15) Captain McVay was convicted on February 23, 1946, of the charge of ``suffering a vessel to be hazarded through negligence''. (16) Following his court-martial conviction, Captain McVay remained on active duty until mandatory retirement on June 30, 1949, upon completion of 30 years of active naval service, with a final promotion, in accordance with then-applicable law, to the grade of rear admiral, effective upon the date of his retirement. (17) Rear Admiral Charles Butler McVay III (retired), died on November 6, 1968, without having been exonerated from responsibility for the sinking of the INDIANAPOLIS. (18) Since the late 1980s, Navy documents have been declassified that show that Captain McVay was not given intelligence information in the possession of the Navy that would have been instrumental in avoiding the disaster and that that information, which was considered to be Top Secret, was not made available for use in Captain McVay's court-martial, where it would have been critical to his defense in showing that he was court-martialed on ``super-technical'' charges which nevertheless were unfounded. (19) In 1993, Congress, in section 1165 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103- 160; 107 Stat. 1765; 16 U.S.C. 431 note), recognized the memorial to the U.S.S. INDIANAPOLIS (CA-35) in Indianapolis, Indiana, as the national memorial to that historic warship and to her final crew. (20) In 1994, Congress, in section 1052 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103- 337; 108 Stat. 2844), stating that it was acting on behalf of the grateful people of the United States-- (A) recognized the invaluable contributions of the U.S.S. INDIANAPOLIS to the ending of World War II; and (B) on the occasion of the 50th anniversary of her tragic sinking, and the dedication of the national memorial in Indianapolis on July 30th, 1995, commended that ship and her crew for selfless and heroic service to the United States. SEC. 3. CONGRESSIONAL EXONERATION. The Congress hereby-- (1) exonerates the late Rear Admiral Charles Butler McVay III, United States Navy (retired), from responsibility for the sinking of the U.S.S. INDIANAPOLIS (CA-35) on July 30, 1945, while under his command; (2) expresses the sense of the Congress that the subsequent court-martial conviction of Rear Admiral McVay (while in the grade of captain) for ``suffering a vessel to be hazarded through negligence'' was a grave injustice; and (3) urges the President to grant a posthumous pardon to Rear Admiral McVay. SEC. 4. PRESIDENTIAL UNIT CITATION. (a) Sense of Congress.--It is the sense of the Congress that the President should award a Presidential Unit Citation to the final crew of the U.S.S. INDIANAPOLIS (CA-35) in recognition of the courage and fortitude displayed by the members of that crew in the face of tremendous hardship and adversity after their ship was torpedoed and sunk on July 30, 1945. (b) Waiver of Time Limitation.--A citation described in subsection (a) may be made without regard to any provision of law or regulation prescribing a time limitation that is otherwise applicable with respect to recommendation for, or the award of, such a citation.

Charles Butler McVay and U.S.S. INDIANAPOLIS Relief Act - Exonerates the late rear admiral Charles Butler McVay III, United States Navy (retired), from responsibility for the sinking of the U.S.S. INDIANAPOLIS on July 30, 1945, while under his command. Expresses the sense of the Congress that the subsequent court-martial conviction of McVay was a grave injustice. Urges the President to grant McVay a posthumous pardon. Expresses the sense of the Congress that the President should award a Presidential Unit Citation to the final crew of the INDIANAPOLIS in recognition of their courage and fortitude displayed in the face of tremendous adversity after their ship was torpedoed and sunk by the Japanese navy.

{"src": "billsum_train", "title": "Charles Butler McVay and U.S.S. INDIANAPOLIS Relief Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Keep Families Together Act''. SEC. 2. LIMITATION ON THE SEPARATION OF FAMILIES. (a) In General.--An agent or officer of a designated agency shall be prohibited from removing a child from his or her parent or legal guardian, at or near the port of entry or within 100 miles of the border of the United States, unless one of the following has occurred: (1) A State court, authorized under State law, terminates the rights of a parent or legal guardian, determines that it is in the best interests of the child to be removed from his or her parent or legal guardian, in accordance with the Adoption and Safe Families Act of 1997 (Public Law 105-89), or makes any similar determination that is legally authorized under State law. (2) An official from the State or county child welfare agency with expertise in child trauma and development makes a best interests determination that it is in the best interests of the child to be removed from his or her parent or legal guardian because the child is in danger of abuse or neglect at the hands of the parent or legal guardian, or is a danger to herself or others. (3) The Chief Patrol Agent or the Area Port Director in their official and undelegated capacity, authorizes separation upon the recommendation by an agent or officer, based on a finding that-- (A) the child is a victim of trafficking or is at significant risk of becoming a victim of trafficking; (B) there is a strong likelihood that the adult is not the parent or legal guardian of the child; or (C) the child is in danger of abuse or neglect at the hands of the parent or legal guardian, or is a danger to themselves or others. (b) Prohibition on Separation.--An agency may not remove a child from a parent or legal guardian solely for the policy goal of deterring individuals from migrating to the United States or for the policy goal of promoting compliance with civil immigration laws. (c) Documentation Required.--The Secretary shall ensure that a separation under subsection (a)(3) is documented in writing and includes, at a minimum, the reason for such separation, together with the stated evidence for such separation. SEC. 3. RECOMMENDATIONS FOR SEPARATION BY AGENTS OR OFFICERS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Secretary of Health and Human Services, shall develop training and guidance, with an emphasis on the best interests of the child, childhood trauma, attachment, and child development, for use by the agents and officers, in order to standardize the implementation of section 2(a)(3). (b) Annual Review.--Not less frequently than annually, the Secretary of Health and Human Services shall review the guidance developed under subsection (a) and make recommendations to the Secretary to ensure such guidance is in accordance with current evidence and best practices in child welfare, child development, and childhood trauma. (c) Requirement.--The guidance under subsection (a) shall incorporate the presumptions described in section 4. (d) Additional Requirements.-- (1) Evidence-based.--The guidance and training developed under this section shall incorporate evidence-based practices. (2) Training required.-- (A) All agents and officers of designated agencies, upon hire, and annually thereafter, shall complete training on adherence to the guidance under this section. (B) All Chief Patrol Agents and Area Port Directors, upon hire, and annually thereafter, shall complete-- (i) training on adherence to the guidance under this section; and (ii) 90 minutes of child welfare practice training that is evidence-based and trauma- informed. SEC. 4. PRESUMPTIONS. The presumptions described in this section are the following: (1) Family unity.--There shall be a strong presumption in favor of family unity. (2) Siblings.--To the maximum extent practicable, the Secretary shall ensure that sibling groups remain intact. (3) Detention.--In general, there is a presumption that detention is not in the best interests of families and children. SEC. 5. REQUIRED POLICY FOR LOCATING SEPARATED CHILDREN. (a) In General.--Not later than 180 days after the after the date of the enactment of this Act, the Secretary shall publish final public guidance that describes, with specificity, the manner in which a parent or legal guardian may locate a child who was separated from the parent or legal guardian under section 2(a). In developing the public guidance, the Secretary shall consult with the Secretary of Health and Human Services, immigrant advocacy organizations, child welfare organizations, and State child welfare agencies. (b) Written Notification.--The Secretary shall provide each parent or legal guardian who was separated, with written notice of the public guidance to locate a separated child. (c) Language Access.--All guidance shall be available in English and Spanish, and at the request of the parent or legal guardian, in the language or manner that is understandable by the parent or legal guardian. SEC. 6. REQUIRED INFORMATION FOR SEPARATED FAMILIES. Not less frequently than once every month, the Secretary shall provide the parent or legal guardian of a child who was separated, the following information, at a minimum: (1) A status report on the monthly activities of the child. (2) Information about the education and health of the child, including any medical treatment provided to the child or medical treatment recommended for the child. (3) Information about changes to the child's immigration status. (4) Other information about the child, designed to promote and maintain family reunification, as the Secretary determines in his or her discretion. SEC. 7. ANNUAL REPORT ON FAMILY SEPARATION. Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit a report to the committees of jurisdiction that describes each instance in which a child was separated from a parent or legal guardian and includes, for each such instance, the following: (1) The relationship of the adult and the child. (2) The age and gender of the adult and child. (3) The length of separation. (4) Whether the adult was charged with a crime, and if the adult was charged with a crime, the type of crime. (5) Whether the adult made a claim for asylum, expressed a fear to return, or applied for other immigration relief. (6) Whether the adult was prosecuted if charged with a crime and the associated outcome of such charges. (7) The stated reason for, and evidence in support of, the separation. (8) If the child was part of a sibling group at the time of separation, whether the sibling group has had physical contact and visitation. (9) Whether the child was rendered an unaccompanied alien child. (10) Other information in the Secretary's discretion. SEC. 8. CLARIFICATION OF PARENTAL RIGHTS. If a child is separated from a parent or legal guardian, and a State court has not made a determination that the parental rights have been terminated, there is a presumption that-- (1) the parental rights remain intact; and (2) the separation does not constitute an affirmative determination of abuse or neglect under Federal or State law. SEC. 9. CLARIFICATION OF EXISTING LAW. (a) Federal Law.--Nothing in this Act shall be interpreted to supersede or modify Federal child welfare law, where applicable, including the Adoption and Safe Families Act of 1997 (Public Law 105- 89). (b) State Law.--Nothing in this Act shall be interpreted to supersede or modify State child welfare laws where applicable. SEC. 10. GAO REPORT ON PROSECUTION OF ASYLUM SEEKERS. (a) Study.--The Comptroller General of the United States shall conduct a study of the prosecution of asylum seekers during the period beginning on January 1, 2008 and ending on December 31, 2018, including-- (1) the total number of persons who claimed a fear of persecution, received a favorable credible fear determination, and were referred for prosecution; (2) an overview and analysis of the metrics used by the Department of Homeland Security and the Department of Justice to track the number of asylum seekers referred for prosecution; (3) the total number of asylum seekers referred for prosecution, a breakdown and description of the criminal charges filed against asylum seekers during such period, and a breakdown and description of the convictions secured; (4) the total number of asylum seekers who were separated from their children as a result of being referred for prosecution; (5) a breakdown of the resources spent on prosecuting asylum seekers during such period, as well as any diversion of resources required to prosecute asylum seekers, and any costs imposed on States and localities; (6) the total number of asylum seekers who were referred for prosecution and also went through immigration proceedings; and (7) the total number of asylum seekers referred for prosecution who were deported before going through immigration proceedings. (b) Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report that describes the results of the study conducted pursuant to subsection (a). SEC. 11. DEFINITIONS. In this Act: (1) Agent; officer.--The terms ``agent'' and ``officer'' include contractors of the Federal Government. (2) Child.--The term ``child'' means an individual who-- (A) has not reached the age of 18; and (B) has no permanent immigration status. (3) Committees of jurisdiction.--The term ``committees of jurisdiction'' means-- (A) the Committee on the Judiciary and the Committee on Health, Education, Labor, and Pensions of the Senate; and (B) the Committee on the Judiciary of the House of Representatives. (4) Danger of abuse or neglect at the hands of the parent or legal guardian.--The term ``danger of abuse or neglect at the hands of the parent or legal guardian'' shall not mean migrating to or crossing the United States border. (5) Designated agency.--The term ``designated agency'' means-- (A) the Department of Homeland Security; (B) the Department of Justice; and (C) the Department of Health and Human Services. (6) Finding.--The term ``finding'' means an individualized written assessment or screening by the trained agent or officer that includes a consultation with a child welfare specialist, formalized as required under section 2(c) and consistent with sections 3, 4, and 8. (7) Secretary.--Unless otherwise specified, the term ``Secretary'' means the Secretary of Homeland Security.

Keep Families Together Act This bill prohibits an agent or contractor of the Department of Homeland Security, the Department of Justice, or the Department of Health and Human Services from removing a child who is under the age of 18 and has no permanent immigration status from his or her parent or legal guardian at or near the port of entry or within 100 miles of the U.S. border unless: an authorized state court determines that it is in the child's best interests to be removed; a state or county child welfare official with expertise in child trauma and development determines that it is in the child's best interests to be removed because of abuse or neglect; or the Chief Patrol Agent or the Area Port Director authorizes separation based on a documented finding that the child is a trafficking victim or is at significant risk of becoming a victim, a strong likelihood exists that the adult is not the parent or legal guardian, or the child is in danger of abuse or neglect. An agency may not remove a child from a parent or legal guardian solely for the policy goals of deterring migration to the United States or of promoting immigration law compliance. The bill sets forth presumptions: (1) in favor of family and sibling unity and parental rights, and (2) that detention is not in the best interests of families and children. The Government Accountability Office shall conduct a study of the prosecution of asylum seekers.

{"src": "billsum_train", "title": "Keep Families Together Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Act for Responsible Employment of 2001'' or the ``CARE Act of 2001''. SEC. 2. CHILD AGRICULTURAL EMPLOYMENT. (a) Family Agricultural Employment.--Section 13(c)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(c)(1)) is amended to read as follows: ``(c)(1) The provisions of section 12 relating to child labor shall not apply to any employee employed in agriculture outside of school hours for the school district where such employee is living while so employed, if such employee is employed by a family member of such employee on a farm that is owned or operated by such family member. In this paragraph, the term `family member' means a parent, grandparent, aunt, uncle, first cousin, or legal guardian.''. (b) Other Child Agricultural Employment.--Section 13(c) of such Act (29 U.S.C. 213(c)) is further amended by striking paragraphs (2) and (4). SEC. 3. CIVIL AND CRIMINAL PENALTIES FOR CHILD LABOR VIOLATIONS. (a) Civil Penalty.--Section 16(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(e)) is amended in the first sentence by striking ``not to exceed $10,000'' and inserting ``not less than $500 nor more than $15,000''. (b) Private Right of Action.--Section 16 of such Act (29 U.S.C. 216) is amended by adding at the end the following new subsection: ``(f)(1) An employee (or the legal guardian or survivor of such employee) aggrieved by a violation of section 12 resulting in serious bodily injury to, or the serious illness or death of, such an employee may, in a civil action, recover from the employer of such employee appropriate legal or equitable relief. ``(2) An action under this subsection may be brought in a Federal or State court of competent jurisdiction, without regard to the amount in controversy. ``(3) In an action under this subsection, a court shall, in addition to any judgment ordered, allow a prevailing plaintiff to recover from the defendant the costs of the action and reasonable attorney fees. ``(4) If a plaintiff has recovered compensation under a State workers' compensation law for the same violation as alleged in an action under this subsection, a court may consider the amount recovered under such State law when awarding any relief under this subsection. ``(5) If a plaintiff collects a judgment under this subsection and also seeks recovery for the same violation under a State workers' compensation law, a State may elect to offset recovery obtained under this subsection against any recovery provided under such State law.''. (c) Criminal Penalties.--Section 16(a) of such Act (29 U.S.C. 216(a)) is amended-- (1) by striking ``Any'' and inserting ``(1) Except as provided in paragraph (2), any''; and (2) by adding at the end the following new paragraph: ``(2) Any person who violates the provisions of section 15(a)(4) concerning child labor shall upon conviction be subject to a fine under title 18, United States Code, or to imprisonment for not more than 5 years, or both, in the case of-- ``(A) a willful or repeat violation that results in or contributes to a fatality of a minor employee or a permanent disability of a minor employee; or ``(B) a violation which is concurrent with a criminal violation of any other provision of this Act or of any other Federal or State law concerning child labor.''. (d) Rule of Construction.--Nothing in the amendments made by this section may be construed to preempt any State law that provides protections or remedies for employees that are greater than the protections or remedies provided under such amendments. SEC. 4. REPORTING AND RECORDKEEPING. (a) In General.--Section 12 of the Fair Labor Standards Act of 1938 (29 U.S.C. 212) is amended by adding at the end the following new subsection: ``(e)(1) The Secretary, using information provided by the Director of the Bureau of the Census, shall biannually compile, and make available to the public, data from respective State employment security agencies and from other sources in all the States concerning-- ``(A) the types of industries and occupations in which children under the age of 18 years are employed; and ``(B) cases in which the Secretary determines that such children were employed in violation of this section. ``(2)(A) Each employer who employs an employee under the age of 18 years shall report to the Secretary and the appropriate State employment security agency any injury (including an injury resulting in death) to such employee that results in lost employment time of at least one working day or any illness such employee incurred in the course of employment. ``(B) Such report shall be made not later than five days after such injury or illness and shall include-- ``(i) the age of the child; ``(ii) the nature of the job in which the employee is employed (including large-scale, commercial agriculture); ``(iii) the circumstances surrounding the injury or illness to such employee; and ``(iv) to the extent permitted under an applicable State or Federal law, the report of any physician and health care facility which provided care for such employee. ``(3) Using information collected under paragraphs (1) and (2), the Secretary shall submit to the Congress a biannual report on the status of child labor in the United States and its attendant safety and health hazards.''. (b) Initial Compilation and Report.--The first compilation and report under paragraphs (1) and (3), respectively, of section 12(e) of such Act (29 U.S.C. 212(e)(1) and (3)), as added by subsection (a) of this section, shall be completed not later than 2 years after the date of enactment of this Act. SEC. 5. COORDINATION. Section 4 of the Fair Labor Standards Act of 1938 (29 U.S.C. 204) is amended by adding at the end the following new subsection: ``(g) The Secretary shall encourage and, where practicable, establish closer working relationships with nongovernmental organizations and with State and local government agencies having responsibility for administering and enforcing labor and safety and health laws. Upon the request of the Secretary and to the extent permissible under applicable law, State and local government agencies with information regarding injuries and deaths of employees shall submit such information to the Secretary for use as appropriate in the enforcement of section 12 and in the promulgation and interpretation of the regulations and orders authorized by section 3(l). The Secretary may reimburse such State and local government agencies for such services.''. SEC. 6. CHILD LABOR ENFORCEMENT. Subject to the availability of appropriations, the Secretary of Labor shall-- (1) employ at least 100 additional inspectors within the Wage and Hour Division of the Department of Labor for the principal purpose of enforcing compliance with child labor laws; and (2) provide for a 10-percent increase in the budget for the Employment Standards Division within the office of the Solicitor of Labor for the principal purpose of increasing prosecution of violations of child labor laws. SEC. 7. WORKER PROTECTION STANDARD. (a) In General.--Section 25 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w) is amended by adding at the end the following new subsection: ``(f) Worker Protection Standard.-- ``(1) Farmworker children and women.-- ``(A) In general.--For the purpose of affording greater protection to children and women employed on, or present near, farms, the Administrator, in consultation with the Secretary of Labor, shall revise the worker protection standard promulgated under this section to take into account the routine presence of children through age 18 years (including nursing children) and nursing or pregnant women employed on, or present near, a farm or in or around a field in which a pesticide is applied, necessitating separate and more stringent regulations for restricted entry intervals and other pertinent worker health and safety standards, in view of the physiological differences between men and such children and women and the differential impact of pesticides and correspondingly greater risks posed to such children and women. ``(B) Periodic review.--The Administrator, in consultation with the Secretary of Labor, shall review all facets of the worker protection standard at least once every 5 years after the date of enactment of this subsection to take into account and incorporate advances in scientific knowledge regarding the considerations described in subparagraph (A). ``(2) Scope and reporting of inspections.--The Administrator shall-- ``(A) promulgate specific requirements to be fulfilled in the conduct of all inspections regarding compliance with the worker protection standard promulgated under this section; and ``(B) publish an annual report on the findings and results of the inspections for each State.''. (b) Conforming Amendment.--The table of contents in section 1(b) of such Act (7 U.S.C. prec. 121) is amended by adding at the end of the items relating to section 25 the following new items: ``(e) Peer review. ``(f) Worker protection standard. ``(1) Farmworker children and women. ``(2) Scope and reporting of inspections.''. SEC. 8. MIGRANT AND SEASONAL FARMWORKER YOUTH DROPOUT PREVENTION. (a) In General.--Section 129 of the Workforce Investment Act of 1998 (29 U.S.C. 2854) is amended by adding at the end the following new subsection: ``(d) Migrant and Seasonal Farmworker Youth Dropout Prevention.-- ``(1) Authorized program activities.--The Secretary shall make grants on a competitive basis to assist grant recipients to provide the following programs to migratory youth: ``(A) Programs that provide an objective assessment of the academic levels, skill levels, and service needs of each participant, which assessment shall include a review of basic skills, interests, aptitudes, supportive service needs, and developmental needs of such participant. A new assessment of a participant shall not be required if the provider carrying out such a program determines it is appropriate to use a recent assessment of the participant conducted under another education or training program. ``(B) Programs that develop service strategies for each participant that shall identify an academic goal, appropriate achievement objectives, and appropriate services for the participant taking into account the assessment conducted under subparagraph (A). A new service strategy for a participant shall not be required if the provider carrying out such a program determines it is appropriate to use a recent service strategy developed for the participant under another education or training program. ``(C) Programs that provide preparation for postsecondary educational opportunities, in appropriate cases. ``(D) Programs that provide strong linkages between academic and occupational learning preparation for unsubsidized employment opportunities, in appropriate cases. ``(2) Program elements.--The programs described in subparagraphs (C) and (D) of paragraph (1) shall include the following elements: ``(A) Tutoring, study skills training, and instruction, leading to completion of secondary school, including dropout prevention strategies. ``(B) Alternative secondary school services, as appropriate. ``(C) Summer employment opportunities that are directly linked to academic and occupational learning. ``(D) Paid and unpaid work experiences, including internships and job shadowing, as appropriate. ``(E) Visits to institutions of higher education, as appropriate. ``(F) Leadership development opportunities, which may include community service and peer-centered activities encouraging responsibility and other positive social behaviors during nonschool hours, as appropriate. ``(G) Comprehensive guidance and counseling, which may include drug and alcohol abuse counseling and referral, as appropriate. ``(H) Adult mentoring for the period of participation in a program under subparagraph (C) or (D) of paragraph (1) and a subsequent period, for a total of not less than 12 months. ``(I) Followup services for not less than one year after the completion of participation in a program under subsection (C) or (D) of paragraph (1), as appropriate. ``(J) Stipends to offset loss of work-related income or loss of potential work-related income. Any such stipend shall be paid to the parent or guardian of the migratory youth (or to the youth, if such youth is emancipated under an applicable State law), if such parent or guardian (or youth) provides to the grant recipient-- ``(i) proof of enrollment in an education program (including current school records or, if school is not in session, school records from the previous academic year); and ``(ii) if the migratory youth is employed, a statement from the employer describing the employment and the working hours of such youth, or if the migratory youth is not employed, a statement stating that fact. ``(3) Condition.--A recipient of a grant under this subsection shall coordinate its activities with those of State or local educational agencies providing programs authorized under part C of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6391 et seq.). ``(4) Migratory youth defined.--In this subsection, the term `migratory youth' means a migratory child (as such term is defined in section 1309(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6399(2))) who is at least 12 years old and not more than 18 years old. ``(5) Administration, data collection, and evaluation.-- ``(A) In general.--The Secretary may reserve up to 6 percent of the funds made available under section 127(b)(1)(A)(iii) for the migrant and seasonal farmworker youth dropout prevention program under this subsection for administration, data collection, and evaluation of the program. ``(B) Special reservation.--Subject to available appropriations, the Secretary shall use up to 2 percent of the funds made available under section 127(b)(1)(A)(iii) to enter into a contract with a national farmworker organization-- ``(i) to establish and maintain an electronic database of program participants; ``(ii) to operate a toll-free national telephone program information line to assist migratory youth in accessing dropout prevention services under this subsection; ``(iii) to assist the Departments of Labor and Education in developing appropriate methods for evaluating the program under this subsection; ``(iv) to provide technical assistance and training to grant recipients; and ``(v) to develop a migrant and seasonal farmworker youth dropout prevention model based on the best practices used in successful programs. ``(6) Availability of program under this subsection.-- Notwithstanding section 188(a)(5) or any other provision of law, a program under this subsection may be made available to an immigrant other than one authorized by the Attorney General to work in the United States.''. (b) Purposes.--Section 129(a) of such Act (29 U.S.C. 2854(a)) is amended-- (1) in paragraph (5), by striking ``and'' at the end; (2) in paragraph (6), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(7) to provide supportive services, opportunities, and incentives to eligible migrant and seasonal farmworker youth to encourage and assist them in remaining in secondary school through graduation.''. (c) Funding.--Section 127(b)(1)(A)(iii) of such Act (29 U.S.C. 2851(b)(1)(A)(iii)) is amended by inserting ``the greater of $50,000,000 or'' after ``make available''. (d) Cross-Reference.--Section 167(d) of such Act (29 U.S.C. 2912(d)) is amended by inserting ``(including activities under section 129(d))'' after ``dropout prevention activities''. SEC. 9. FAIR LABOR STANDARDS REGULATIONS. Not later than 120 days after the date of enactment of this Act, the Secretary of Labor shall promulgate regulations to carry out sections 2 through 6 and the amendments made by such sections. Such regulations shall take effect not later than 30 days after the date of such promulgation. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act and the amendments made by this Act such sums as may be necessary. SEC. 11. EFFECTIVE DATE FOR FAIR LABOR STANDARDS AMENDMENTS. The amendments made by sections 2 through 5 of this Act shall take effect on the date that the rules promulgated under section 9 take effect.

Children's Act for Responsible Employment of 2001 - CARE Act of 2001 - Amends the Fair Labor Standards Act of 1938 to repeal certain exemptions from child labor prohibitions for agricultural employment.Applies the same age restrictions to agricultural employment as to other forms of employment. Limits exemptions to agricultural labor outside of school hours, if the individual is employed by a specified family member on the member's farm. Raises from 16 to 18 years old the minimum age for engaging in hazardous agricultural employment.Increases civil and criminal penalties for child labor violations.Directs the Secretary of Labor and the Director of the Bureau of the Census to compile data biannually from State employment security agencies and from other sources in all the States concerning: (1) the types of industries and occupations in which children under the age of 18 are employed; and (2) cases in which children were employed in violation of Federal child labor prohibitions. Requires each employer to report to the State employment security agency on any injury to an employee under age 18 that results in lost employment time or any illness such individual incurred while at work.Directs the Secretary to establish closer working relationships with non-governmental organizations and with State and local government agencies having responsibility for administering and enforcing labor and safety and health laws. Requires State and local government agencies to inform the Secretary, upon request, about employee injuries and deaths.Directs the Secretary to: (1) employ at least 100 additional inspectors within the Wage and Hour Division of the Department of Labor to enforce child labor laws; and (2) provide for a ten percent increase in the budget for the Employment Standards Division within the office of the Solicitor of Labor to increase prosecution of violations of such laws.Amends the Federal Insecticide, Fungicide, and Rodenticide Act to direct the Administrator of the Environmental Protection Agency to revise, and review every five years, a farmworker protection standard to take into account the routine presence of children, including nursing children, and nursing or pregnant women employed on, or present near, a farm or in or around a field in which a pesticide is applied.Amends the Workforce Investment Act of 1998 to direct the Secretary to make competitive grants for specified types of programs for migrant and seasonal farmworker youth dropout prevention.

{"src": "billsum_train", "title": "To reform certain laws affecting child labor, and for other purposes."}

SECTION 1. TAX-EXEMPT FINANCING OF ENVIRONMENTAL REMEDIATION OF QUALIFIED CONTAMINATED SITES. (a) In General.--Subsection (e) of section 141 of the Internal Revenue Code of 1986 (defining qualified bond) is amended by striking ``or'' at the end of subparagraph (F), by redesignating subparagraph (G) as subparagraph (H), and by inserting after subparagraph (F) the following new subparagraph: ``(G) a qualified contaminated site remediation bond, or''. (b) Qualified Contaminated Site Remediation Bond.--Section 144 of such Code is amended by adding at the end thereof the following new subsection: ``(d) Qualified Contaminated Site Remediation Bond.--For purposes of this part-- ``(1) In general.--The term `qualified contaminated site remediation bond' means any bond issued as part of an issue 95 percent or more of the proceeds of which are to finance-- ``(A) the acquisition of a qualified contaminated site, or ``(B) the costs of environmental remediation with respect to such a site which is owned by the person incurring such costs. ``(2) Limitations.-- ``(A) In general.--Such term shall not include any bond issued to provide financing with respect to a qualified contaminated site if-- ``(i) any amount of such financing is provided directly or indirectly to any ineligible person, ``(ii) less than 60 percent of the amount of the financing so provided with respect to such site is for costs described in paragraph (1)(B), or ``(iii) the amount of the financing so provided to acquire such site exceeds the excess of-- ``(I) the fair market value of the site after the completion of the environmental remediation, over ``(II) the amount of the financing so provided with respect to such site for costs described in paragraph (1)(B). ``(B) Ineligible person.--For purposes of subparagraph (A), a person is an ineligible person with respect to any site if-- ``(i) at any time on or before the date of the enactment of this subsection such person was the owner or operator of any business on such site, ``(ii) at any time before, on, or after such date of enactment such person-- ``(I) had (by contract, agreement, or otherwise) arranged for the disposal or treatment of any hazardous materials at such site or arranged with a transporter for transport for disposal or treatment of any hazardous materials at such site, or ``(II) had accepted any hazardous materials for transport to such site, or ``(iii) the person is related to any person referred to in clause (i) or (ii). ``(C) Related Person.--For purposes of this paragraph, persons shall be treated as related to each other if such persons are treated as a single employer under the regulations prescribed under section 52(b) or such persons bear a relationship to each other specified in section 267(b) or 707(b). ``(3) Restriction on land acquisition not to apply.-- Section 147(c) shall not apply to any qualified contaminated site remediation bond. ``(4) Qualified contaminated site.-- ``(A) In general.--For purposes of this subsection, the term `qualified contaminated site' means any site if the appropriate agency certifies that at least 1 of the following environmental conditions is present on such site: ``(i) A release or threatened release of any hazardous, toxic, or dangerous substance. ``(ii) Any storage tanks which contain any hazardous, toxic, or dangerous substance. ``(iii) Any illegal disposal of solid waste. Such term shall not include any site listed on the National Priorities List under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. ``(B) Appropriate agency.--For purposes of subparagraph (A), the appropriate agency is-- ``(i) the agency of the State in which the site is located which is designated by the Administrator of the Environmental Protection Agency for purposes of this paragraph, or ``(ii) if the agency described in clause (i) designates an agency of the local government in which the site is located for purposes of this paragraph, such local government agency. ``(5) Hazardous, toxic, or dangerous substance.--For purposes of this subsection, any substance, waste, or material shall be treated as a hazardous, toxic, or dangerous substance if it is so treated under-- ``(A) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), ``(B) the Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.), or ``(C) any State or local environmental law or ordinance. The following materials shall in any event be treated as such a substance: petroleum or crude oil or any derivative thereof, friable asbestos or any asbestos containing material, polychlorinated biphenyls, or urea formaldehyde foam insulation. ``(6) Environmental remediation.--For purposes of this subsection, the term `environmental remediation' means-- ``(A) removal or remediation activity, including soil and ground water remediation, ``(B) restoration of natural, historic, or cultural resources at the site or the mitigation of unavoidable losses of such resources incurred in connection with the remediation or response activity, ``(C) health assessments or health effects studies, ``(D) environmental investigations, ``(E) remediation of off-site contamination caused by activity on the site, and ``(F) any other costs reasonably required by reason of the environmental conditions of the site including demolition of existing contaminated structures, site security, and permit fees necessary for remediation.'' (c) Clerical Amendments.-- (1) The section heading for section 144 of such Code is amended by inserting before the period ``; qualified contaminated site remediation bond''. (2) The table of sections for subpart A of part IV of subchapter B of chapter 1 of such Code is amended by inserting before the period at the end of the item relating to section 144 ``; qualified contaminated site remediation bond''. (d) Effective Date.--The amendments made by this section shall apply to bonds issued after the date of the enactment of this Act.

Amends the Internal Revenue Code to permit, as specified, the issuance of tax-exempt qualified contaminated site remediation bonds.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to permit the issuance of tax-exempt bonds to finance environmental remediation of contaminated sites."}

SECTION 1. INTERNATIONAL DEVELOPMENT ASSOCIATION. The International Development Association Act (22 U.S.C. 284-284s) is amended by adding at the end the following: ``SEC. 22. TWELFTH REPLENISHMENT. ``(a) Contribution Authority.-- ``(1) In general.--The United States Governor may agree on behalf of the United States to contribute $2,410,290,000 to the twelfth replenishment of the resources of the Association. ``(2) Subject to appropriations.--Any commitment made under paragraph (1) shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts. ``(b) Limitations on Authorization of Appropriations.--For any contribution pursuant to a commitment made under subsection (a), there are authorized to be appropriated to the Secretary of the Treasury $2,410,290,000, without fiscal year limitation.''. SEC. 2. AFRICAN DEVELOPMENT BANK. The African Development Bank Act (22 U.S.C. 290i-290i-10) is amended by adding at the end the following: ``SEC. 1344. ADDITIONAL SUBSCRIPTION OF STOCK. ``(a) Subscription Authority.-- ``(1) In general.--The United States Governor of the Bank may subscribe on behalf of the United States to 56,433 additional shares of the capital stock of the Bank. ``(2) Subject to appropriations.--The authority provided by paragraph (1) shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts. ``(b) Limitations on Authorization of Appropriations.--For the subscription authorized by subsection (a), there are authorized to be appropriated to the Secretary of the Treasury $680,800,000, without fiscal year limitation.''. SEC. 3. AFRICAN DEVELOPMENT FUND. The African Development Fund Act (22 U.S.C. 290g-290g-15) is amended by adding at the end the following: ``SEC. 217. EIGHTH REPLENISHMENT. ``(a) Contribution Authority.-- ``(1) In general.--The United States Governor of the Fund may contribute on behalf of the United States $300,000,000 to the eighth replenishment of the resources of the Fund. ``(2) Subject to appropriations.--The authority provided by paragraph (1) shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts. ``(b) Limitations on Authorization of Appropriations.--For the contribution authorized by subsection (a), there are authorized to be appropriated to the Secretary of the Treasury $300,000,000, without fiscal year limitation.''. SEC. 4. INTER-AMERICAN INVESTMENT CORPORATION ACT. The Inter-American Investment Corporation Act (22 U.S.C. 283aa- 283ii) is amended by adding at the end the following: ``SEC. 212. ADDITIONAL SUBSCRIPTIONS OF STOCK. ``(a) Subscription Authority.-- ``(1) In general.--The Secretary of the Treasury may subscribe on behalf of the United States to additional shares of the capital stock of the Corporation. ``(2) Subject to appropriations.--The authority provided by paragraph (1) shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts. ``(b) Limitations on Authorization of Appropriations.--For the subscription authorized by subsection (a), there are authorized to be appropriated the Secretary of the Treasury $125,190,000, without fiscal year limitation.''. SEC. 5. MULTILATERAL INVESTMENT GUARANTEE AGENCY. The Multilateral Investment Guarantee Agency Act (22 U.S.C. 290k- 290k-11) is amended by adding at the end the following: ``SEC. 415. ADDITIONAL SUBSCRIPTION OF STOCK. ``(a) Subscription Authority.-- ``(1) In general.--The Secretary of the Treasury may subscribe on behalf of the United States to 15,648 additional shares of the capital stock of the Agency. ``(2) Subject to appropriations.--The authority provided by paragraph (1) shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts. ``(b) Limitations on Authorization of Appropriations.--For the subscription authorized by subsection (a), there are authorized to be appropriated to the Secretary of the Treasury $180,000,000, without fiscal year limitation.''. SEC. 6. HEAVILY INDEBTED POOR COUNTRIES TRUST FUND. (a) Findings.--The Congress finds that-- (1) multilateral financial institutions lack sufficient resources to fund debt relief commitments that they have made to heavily indebted poor countries; (2) the International Bank for Reconstruction and Development has created and administers a trust fund, the HIPC Trust Fund, consisting of contributions from member countries, to help the multilateral financial institutions defray the cost of multilateral debt relief to eligible heavily indebted poor countries; (3) the HIPC Trust Fund is seriously in need of additional contributions; and (4) a United States contribution could help leverage contributions from other countries. (b) Contribution to the HIPC Trust Fund.--The Bretton Woods Agreements Act (22 U.S.C. 286-286mm) is amended by adding at the end the following: ``SEC. 61. CONTRIBUTION TO THE HEAVILY INDEBTED POOR COUNTRIES TRUST FUND. ``(a) Contribution Authority.-- ``(1) In general.--The Secretary of the Treasury may pay $50,000,000 to the Heavily Indebted Poor Countries Trust Fund administered by the Bank. ``(2) Subject to appropriations.--The authority provided by paragraph (1) shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts. ``(b) Limitations on Authorization of Appropriations.--For the payment authorized by subsection (a), there are authorized to be appropriated to the Secretary of the Treasury $50,000,000, without fiscal year limitation.''. SEC. 7. ENHANCED STRUCTURAL ADJUSTMENT FACILITY/HEAVILY INDEBTED POOR COUNTRIES TRUST FUND. The Bretton Woods Agreements Act (22 U.S.C. 286 et seq.) is further amended by adding at the end the following: ``SEC. 62. APPROVAL OF CONTRIBUTIONS TO THE ENHANCED STRUCTURAL ADJUSTMENT FACILITY/HEAVILY INDEBTED POOR COUNTRIES TRUST FUND. ``The Secretary of the Treasury may instruct the United States Executive Director of the Fund to vote-- ``(1) to approve the sale of up to 10,000,000 ounces of the gold of the Fund and the transfer of the earnings on the invested profits of such sale to the Trust for Special ESAF Operations for the Heavily Indebted Poor Countries and Interim ESAF Subsidy Operations (ESAF/HIPC Trust Fund); and ``(2) to support a decision that would make available to the ESAF/HIPC Trust Fund the resources in Special Contingency Account 2 (SCA-2) of the Fund derived from the extended burdensharing arrangements adopted pursuant to IMF Decision No. 9471 (90/98), as amended, including any funds attributable to the United States participation in such arrangements.''.

Amends the Bretton Woods Agreements Act to authorize the Secretary of the Treasury to instruct the U.S. Executive Director of the International Monetary Fund (IMF) to vote to: (1) approve the sale of up to 10 million ounces of IMF gold and transfer the earnings on the invested profits of such sale to the Trust for Special ESAF Operations for the HIPC and the Interim ESAF Subsidy Operations (ESAF-HIPC Trust Fund); and (2) support a decision that would make available to the ESAF-HIPC Trust Fund the resources in Special Contingency Account 2 (SCA-2) of the IMF derived from the extended burdensharing arrangements adopted pursuant to IMF Decision No. 9471 (90/98), as amended, including any funds attributable to the U.S. participation in such arrangements.

{"src": "billsum_train", "title": "To authorize the United States participation in and appropriations for United States contributions to various international financial institutions, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Conservation Program Improvement Act of 2017''. SEC. 2. IMPROVEMENTS TO CONSERVATION RESERVE PROGRAM. (a) Extension.--Section 1231(a) of the Food Security Act of 1985 (16 U.S.C. 3831(a)) is amended by striking ``2018'' and inserting ``2023''. (b) Enrollment.--Section 1231(d) of the Food Security Act of 1985 (16 U.S.C. 3831(d)) is amended-- (1) in paragraph (1), by striking ``during--'' in the matter preceding subparagraph (A) and all that follows through the period at the end and inserting ``during each of fiscal years 2019 through 2023 not more than 30,000,000 acres, not including any land that is transferred under section 1235(f).''; and (2) by adding at the end the following: ``(3) State target acreage enrollment.-- ``(A) In general.--During each of fiscal years 2019 through 2023, to the maximum extent practicable, the Secretary shall carry out this subchapter in such a manner as to enroll and maintain acreage in the conservation reserve in accordance with the target acreage for each State, as determined under subparagraph (B). ``(B) Target acreage.--The target acreage referred to in subparagraph (A) for a State shall be equal to the product obtained by multiplying-- ``(i) the quotient (rounded to the eighth decimal point) obtained by dividing-- ``(I) the average number of acres of land in the State enrolled in the conservation reserve during each of fiscal years 2007 through 2016; by ``(II) the average number of acres of land enrolled in the conservation reserve nationally during each of fiscal years 2007 through 2016; and ``(ii) 30,000,000.''. (c) Restrictions on Land Planted to Trees.--Section 1231 of the Food Security Act of 1985 (16 U.S.C. 3831) is amended by adding at the end the following: ``(j) Restrictions on Land Planted to Trees.-- ``(1) Reduction of base acres.--In a case in which, as result of a contract under this subchapter, the base acres (as defined in section 1111 of the Agricultural Act of 2014 (7 U.S.C. 9011)) on a farm that are enrolled in the conservation reserve is greater than the acres of available cropland on the farm, the Secretary shall permanently reduce the number of base acres of the farm by the number of acres that are planted to trees under the conservation plan described in section 1232(a)(1). ``(2) Renewal.--No contract under this subchapter may be renewed with respect to any acreage that is planted to trees under the conservation plan described in section 1232(a)(1).''. (d) Haying and Grazing.--Section 1233(b) of the Food Security Act of 1985 (16 U.S.C. 3833(b)) is amended-- (1) in paragraph (2)-- (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately; (B) in the matter preceding clause (i) (as so designated), by striking ``in permitting those activities'' and inserting the following: ``in permitting-- ``(A) those activities''; (C) in subparagraph (A)(ii) (as so designated), by adding ``and'' at the end; and (D) by adding at the end the following: ``(B) those activities and the activities described in paragraph (4), not more than \1/3\ of the acres covered by the contract may be harvested during any year;''; (2) in paragraph (3)(B), in the matter preceding clause (i), by striking ``grazing,'' the first place it appears and inserting ``grazing outside the normal grazing period described in paragraph (5),''; (3) by redesignating paragraphs (4) and (5) as paragraphs (6) and (7), respectively; and (4) by inserting after paragraph (3) the following: ``(4) mechanical harvesting of vegetative cover, without any restriction on the use of the vegetative cover harvested (except harvesting the vegetative cover for seed), subject to the conditions that-- ``(A) the harvesting may not occur more frequently than once every 3 years; and ``(B) the annual rental rate for the acres harvested during a year shall be reduced by 25 percent; ``(5) grazing during the applicable normal grazing period determined under subclause (I) of section 1501(c)(3)(D)(i) of the Agricultural Act of 2014 (7 U.S.C. 9081(c)(3)(D)(i)), without any restriction on grazing during the primary nesting period, subject to the conditions that-- ``(A) the grazing shall be at 25 percent of the normal carrying capacity determined under that subclause; and ``(B) the annual rental rate for the acres harvested during a year shall be reduced by 25 percent;''. (e) Wellhead Protection.--Section 1234(g) of the Food Security Act of 1985 (16 U.S.C. 3834(g)) is amended-- (1) in paragraph (1), by striking ``The total'' and inserting ``Except as provided in paragraphs (2) and (3), the total''; and (2) by adding at the end the following: ``(3) Wellhead protection.--Paragraph (1) shall not apply to rental payments received by a rural water district or association for land that is enrolled under this subchapter for the purpose of protecting a wellhead.''. (f) Transition Option for Certain Farmers or Ranchers.--Section 1235 of the Food Security Act of 1985 (16 U.S.C. 3835) is amended-- (1) in subsection (c)(1)(B)(iii), by striking ``a retired or retiring owner or operator to a beginning farmer or rancher or socially disadvantaged farmer or rancher'' and inserting ``an eligible owner or operator to a covered farmer or rancher (as those terms are defined in subsection (f)(1))''; and (2) in subsection (f)-- (A) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; (B) by inserting before paragraph (2) (as so designated) the following: ``(1) Definitions.--In this subsection: ``(A) Covered farmer or rancher.--The term `covered farmer or rancher' means-- ``(i) a beginning farmer or rancher; ``(ii) a veteran farmer or rancher (as defined in section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e))); or ``(iii) a socially disadvantaged farmer or rancher. ``(B) Eligible owner or operator.--The term `eligible owner or operator' means a farmer or rancher who is-- ``(i) an owner or operator who is retired or retiring; or ``(ii) an owner who is not less than 65 years of age.''; (C) in paragraph (2) (as designated by subparagraph (A))-- (i) in the matter preceding subparagraph (A), by striking ``a retired farmer or rancher'' and all that follows through ```covered farmer or rancher')'' and inserting ``an eligible owner or operator to a covered farmer or rancher''; (ii) by redesignating subparagraphs (A) through (E) as subparagraphs (B) through (F), respectively; (iii) by inserting before subparagraph (B) (as so designated) the following: ``(A) allow, without any penalty, the eligible owner or operator to terminate the contract entered into under this subchapter during the 3-year period ending on the date on which the contract would expire;''; (iv) by striking ``retired or retiring owner or operator'' each place it appears and inserting ``eligible owner or operator''; (v) by striking subparagraph (D) (as designated by clause (ii)) and inserting the following: ``(D) require the covered farmer or rancher to develop and implement, and provide to the covered farmer or rancher technical and financial assistance in the development of, a comprehensive conservation plan that addresses any resource concerns and meets such sustainability criteria as the Secretary may establish;''; and (vi) in subparagraph (E) (as designated by clause (ii)), by striking ``by not later than'' and all that follows through ``ownership or lease'' and inserting ``at any time during the period beginning on the date that is 1 year before the date of termination of the contract''; and (D) by adding at the end the following: ``(4) Eligibility.--An eligible owner or operator who may qualify for the option under paragraph (2) shall include an eligible owner or operator who entered into a contract under this subchapter not later than 2 years before the date of enactment of this paragraph.''. SEC. 3. MODIFICATIONS TO CONSERVATION EASEMENT PROGRAMS. Title XII of the Food Security Act of 1985 (16 U.S.C. 3801 et seq.) is amended by inserting after subtitle E the following: ``Subtitle F--Other Conservation Provisions ``SEC. 1251. MODIFICATIONS TO CONSERVATION EASEMENT PROGRAMS. ``(a) Definition of Covered Program.--In this section, the term `covered program' means-- ``(1) the conservation reserve program established under subchapter B of chapter 1 of subtitle D; ``(2) the farmable wetland program carried out under section 1231B; ``(3) the special conservation reserve enhancement program described in section 1234(g)(2); ``(4) the agricultural conservation easement program established under subtitle H; ``(5) the healthy forests reserve program established under section 501 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6571); or ``(6) any similar program, as determined by the Secretary, that is established on or after the date of enactment of the Conservation Program Improvement Act of 2017. ``(b) Modifications.--Notwithstanding any other provision of law applicable to a covered program, subject to subsection (c), the Secretary shall-- ``(1) allow land enrolled in a covered program to be-- ``(A) modified for water management, general maintenance, vegetative cover control, wildlife habitat management, or any other purpose, subject to the condition that the modification shall be approved jointly by-- ``(i) the State department of natural resources (or equivalent State agency); and ``(ii) the technical committee established under section 1261(a) of the State; or ``(B) exchanged for land that has equal or greater conservation, wildlife, ecological, and economic values, as determined by the Secretary; and ``(2) provide for the modification of an agreement, a contract, or an easement under a covered program if the Secretary determines that the modification-- ``(A) would facilitate the practical administration and management of the land covered by the agreement, contract, or easement; and ``(B) would not adversely affect the functions and values for which the agreement, contract, or easement was established. ``(c) Requirements.-- ``(1) Enrolled acreage.--Any modification or exchange under subsection (b) shall not result in a net loss of acreage enrolled in the covered program. ``(2) Exchanged acres.--Any land for which an exchange is made under subsection (b) shall satisfy all requirements for enrollment in the covered program. ``(d) Costs.--A party to an agreement, a contract, or an easement under a covered program that requests a modification or exchange under subsection (b) shall be responsible for all costs of the modification or exchange, including-- ``(1) an appraisal to determine whether the economic value of the land for which an exchange is made under subsection (b) is equal to or greater than the value of the land removed from the covered program; ``(2) the repayment of the costs paid by the Secretary for any restoration of land removed from the covered program; ``(3) if applicable, a survey of property boundaries, including review and approval by the applicable agency; ``(4) preparation and recording in accordance with standard real estate practices of any exchange, including requirements for title approval by the Secretary, subordination of liens, and amended warranty easement deed recording; and ``(5) any applicable recording and legal fees.''.

Conservation Program Improvement Act of 2017 This bill amends the Food Security Act of 1985 to modify the Conservation Reserve Program (CRP) and conservation easement programs administered by the Department of Agriculture (USDA). (CRP provides payments to farmers who agree to remove environmentally sensitive land from agricultural production and plant species that will improve environmental health and quality.) The bill modifies CRP to: reauthorize the program through FY2023, increase the annual acreage cap to 30 million acres, revise the formula for determining state target acreage enrollment, add restrictions for land that is planted to trees, modify policies regarding grazing and the mechanical harvesting of vegetative cover, and remove payment limitations for rural water districts or associations that use land enrolled in CRP to protect a wellhead. The bill also modifies the Transition Incentives Program (TIP), which currently provides retired or retiring land owners or operators with additional payments for land enrolled in expiring CRP contracts in exchange for agreeing to sell or rent the land to a beginning farmer or rancher or a socially disadvantaged group. The bill revises TIP to: (1) make landowners who are at least 65 years of age and not retiring eligible for the program, (2) permit the land to be transferred to a veteran farmer or rancher, and (3) modify policies regarding the early termination and transfer of CRP contracts. In administering conservation easement programs, USDA must allow enrolled land to be: (1) modified for specified purposes; or (2) exchanged for land that has equal or greater conservation, wildlife, ecological, and economic values.

{"src": "billsum_train", "title": "Conservation Program Improvement Act of 2017"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Technology Education and Training Act of 2001''. SEC. 2. CREDIT FOR INFORMATION TECHNOLOGY TRAINING PROGRAM EXPENSES. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``SEC. 30B. INFORMATION TECHNOLOGY TRAINING PROGRAM EXPENSES. ``(a) General Rule.--In the case of a taxpayer engaged in a trade or business during the taxable year, there shall be allowed as a credit against the tax imposed by this chapter for such taxable year an amount equal to 100 percent of information technology training program expenses of the taxpayer and any employee of the taxpayer paid or incurred by the taxpayer during such taxable year. ``(b) Limitation.-- ``(1) In general.--The amount of information technology training program expenses with respect to any individual which may be taken into account under subsection (a) for the taxable year shall not exceed $1,500. ``(2) Increase in credit amount for participation in certain programs and for certain individuals.--The dollar amount in paragraph (1) shall be increased (but not above $2,000) by the amount of information technology training program expenses paid or incurred by the taxpayer-- ``(A) with respect to a program operated-- ``(i) in an empowerment zone or enterprise community designated under part I of subchapter U or a renewal community designated under part I of subchapter X, ``(ii) in a school district in which at least 50 percent of the students attending schools in such district are eligible for free or reduced-cost lunches under the school lunch program established under the National School Lunch Act, ``(iii) in an area designated as a disaster area by the Secretary of Agriculture or by the President under the Disaster Relief and Emergency Assistance Act in the taxable year or the 4 preceding taxable years, ``(iv) in a rural enterprise community designated under section 766 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, ``(v) in an area designated by the Secretary of Agriculture as a Rural Economic Area Partnership Zone, ``(vi) in an area over which an Indian tribal government (as defined in section 7701(a)(40)) has jurisdiction, or ``(vii) by an employer who has 200 or fewer employees for each business day in each of 20 or more calendar weeks in the current or preceding calendar year, or ``(B) in the case of an individual with a disability. ``(c) Information Technology Training Program Expenses.--For purposes of this section-- ``(1) In general.--The term `information technology training program expenses' means expenses paid or incurred by reason of the participation of the taxpayer (or any employee of the taxpayer) in any information technology training program if such expenses lead to an industry-accepted information technology certification for the participant. Such term shall only include includes expenses paid for in connection with course work and certification testing which is essential to assessing skill acquisition. ``(2) Information technology training program.--The term `information technology training program' means a program for an industry-accepted information technology certification-- ``(A) by any information technology trade association or corporation, and ``(B) which-- ``(i) is provided for the employees of such association or corporation, or ``(ii) involves-- ``(I) employers, and ``(II) State training programs, school districts, university systems, higher education institutions (as defined in section 101(b) of the Higher Education Act of 1965), or certified commercial information technology training providers. ``(3) Certified commercial information technology training provider.-- ``(A) In general.--The term `certified commercial information technology training provider' means a private sector organization providing an information technology training program which leads to an approved information technology industry certification for the participants. ``(B) Approved industry certification.--For purposes of paragraph (1), an information technology industry certification shall be considered approved if such certification is approved by the Secretary, in consultation with the Information Technology Training Certification Advisory Board. ``(d) Denial of Double Benefit.--No deduction or credit under any other provision of this chapter shall be allowed with respect to information technology training program expenses taken into account for the credit under this section. ``(e) Certain Rules Made Applicable.--For purposes of this section, rules similar to the rules of section 45A(e)(2) and subsections (c), (d), and (e) of section 52 shall apply. ``(f) Application With Other Credits.--The credit allowed by subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(1) the regular tax for the taxable year reduced by the sum of the credits allowable under the subpart A and the previous sections of this subpart, over ``(2) the tentative minimum tax for the taxable year.''. (b) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``Sec. 30B. Information technology training program expenses.''. (c) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2001. SEC. 3. INFORMATION TECHNOLOGY TRAINING CERTIFICATION ADVISORY BOARD. (a) Establishment.--There is established an Information Technology Training Certification Advisory Board (in this section referred to as the ``Board''). (b) Membership.--The Board shall be composed of not more than 15 members appointed by the Secretary of the Treasury from among individuals-- (1) associated with information technology certification and training associations and businesses; and (2) who are not officers or employees of the Federal Government. (c) Meetings.--The Board shall meet not less often than annually. (d) Chairperson.-- (1) In general.--Subject to paragraph (2), the Board shall elect a Chairperson from among its members. (2) Chairperson.--The chairperson shall be an individual who is a member of an information technology industry trade association. (e) Duties.--The Board shall develop a list of information technology industry certifications, for approval by the Secretary of the Treasury, that qualify the provider of the certification as a certified commercial information technology training provider under section 30B(c)(3) of the Internal Revenue Code of 1986, as added by section (2)(a). (f) Submission of List.--Not later than October 1, 2001, and each year thereafter, the Board shall submit the list required under subsection (e) to the Secretary of the Treasury. (g) Board Personnel Matters.-- (1) Compensation of members.--Each member of the Board shall serve without compensation. (2) Travel expenses.--Each member of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Board. (h) Termination of the Board.--Section 14(b) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Board. SEC. 4. HOPE SCHOLARSHIP AND LIFETIME LEARNING CREDITS INCLUDE TECHNOLOGY TRAINING CENTERS. (a) In General.--Section 25A(f)(2) of the Internal Revenue Code of 1986 (relating to eligible educational institution) is amended to read as follows: ``(2) Eligible educational institution.--The term `eligible educational institution' means-- ``(A) an institution-- ``(i) which is described in section 101(b) of the Higher Education Act of 1965, and ``(ii) which is eligible to participate in a program under title IV of such Act, or ``(B) a certified commercial information technology training provider (as defined in section 30B(c)(3)).''. (b) Conforming Amendment.--The second sentence of section 221(e)(2) of the Internal Revenue Code of 1986 is amended by striking ``section 25A(f)(2)'' and inserting ``section 25A(f)(2)(A)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001.

Technology Education and Training Act of 2001 - Amends the Internal Revenue Code to: (1) allow a limited tax credit for information technology training program expenses; and (2) make technology training centers eligible educational institutions for purposes of the Hope scholarship and lifetime learning credits.Establishes an Information Technology Training Certification Advisory Board, which shall develop provider certifications for certified commercial information technology training.

{"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to allow a credit against income tax for information technology training expenses and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Oroville-Tonasket Claim Settlement and Conveyance Act''. SEC. 2. PURPOSES. The purposes of this Act are to authorize the Secretary of the Interior to implement the provisions of the negotiated Settlement Agreement including conveyance of the Project Irrigation Works, identified as not having national importance, to the District, and for other purposes. SEC. 3. DEFINITIONS. As used in this Act-- (1) the term ``Secretary'' means the Secretary of the Interior; (2) the term ``Reclamation'' means the United States Bureau of Reclamation; (3) the term ``District'' or ``Oroville-Tonasket Irrigation District'' means the project beneficiary organized and operating under the laws of the State of Washington, which is the operating and repayment entity for the Project; (4) the term ``Project'' means the Oroville-Tonasket unit extension, Okanogan-Similkameen division, Chief Joseph Dam Project, Washington, constructed and rehabilitated by the United States under the Act of September 28, 1976 (Public Law 94-423, 90 Stat. 1324), previously authorized and constructed under the Act of October 9, 1962 (Public Law 87-762, 76 Stat. 761), under the Federal reclamation laws (including the Act of June 17, 1902 (ch. 1093, 32 Stat. 388), and Acts supplementary thereto or amendatory thereof); (5) the term ``Project Irrigation Works'' means-- (A) those works actually in existence and described in subarticle 3(a) of the Repayment Contract, excluding Wildlife Mitigation Facilities, and depicted on the maps held by the District and Reclamation, consisting of the realty with improvements and real estate interests; (B) all equipment, parts, inventories, and tools associated with the Project Irrigation Works realty and improvements and currently in the District's possession; and (C) all third party agreements; (6)(A) the term ``Basic Contract'' means Repayment Contract No. 14-06-100-4442, dated December 26, 1964, as amended and supplemented, between the United States and the District; (B) the term ``Repayment Contract'' means Repayment Contract No. 0-07-10-W0242, dated November 28, 1979, as amended and supplemented, between the United States and the District; and (C) the term ``third party agreements'' mean existing contractual duties, obligations, and responsibilities that exist because of all leases, licenses, and easements with third parties related to the Project Irrigation Works, or the lands or rights-of-way for the Project Irrigation Works, but excepting power arrangements with the Bonneville Power Administration; (7) the term ``Wildlife Mitigation Facilities'' means-- (A) land, improvements, or easements, or any combination thereof, secured for access to such lands, acquired by the United States under the Fish and Wildlife Coordination Act (16 U.S.C. 661-667e); and (B) all third party agreements associated with the Wildlife Mitigation Facilities; (8) the term ``Indian Trust Lands'' means approximately 61 acres of lands identified on land classification maps on file with the District and Reclamation beneficially owned by the Confederated Tribes of the Colville Reservation (Colville Tribes) or by individual Indians, and held in trust by the United States for the benefit of the Colville Tribes in accordance with the Executive order of April 9, 1872; (9) the term ``Settlement Agreement'' means the Agreement made and entered on April 15, 1996, between the United States of America acting through the Regional Director, Pacific Northwest Region, Bureau of Reclamation, and the Oroville- Tonasket Irrigation District; and (10) the term ``O&M'' means normal and reasonable care, control, operation, repair, replacement, and maintenance. SEC. 4. AGREEMENT AUTHORIZATION. The Settlement Agreement is approved and the Secretary of the Interior is authorized to conduct all necessary and appropriate investigations, studies, and required Federal actions to implement the Settlement Agreement. SEC. 5. CONSIDERATION AND SATISFACTION OF OUTSTANDING OBLIGATIONS. (a) Consideration to United States.--Consideration by the District to the United States in accordance with the Settlement Agreement approved by this Act shall be-- (1) payment of $350,000 by the District to the United States; (2) assumption by the District of full liability and responsibility and release of the United States of all further responsibility, obligations, and liability for removing irrigation facilities constructed and rehabilitated by the United States under the Act of October 9, 1962 (Public Law 87- 762, 76 Stat. 761), or referenced in section 201 of the Act of September 28, 1976 (Public Law 94-423, 90 Stat. 1324), and identified in Article 3(a)(8) of the Repayment Contract; (3) assumption by the District of sole and absolute responsibility for the O&M of the Project Irrigation Works; (4) release and discharge by the District as to the United States from all past and future claims, whether now known or unknown, arising from or in any way related to the Project, including any arising from the Project Irrigation Works constructed pursuant to the 1964 Basic Contract or the 1979 Repayment Contract; (5) assumption by the District of full responsibility to indemnify and defend the United States against any third party claims associated with any aspect of the Project, except for that claim known as the Grillo Claim, government contractor construction claims accruing at any time, and any other suits or claims filed as of the date of the Settlement Agreement; and (6) continued obligation by the District to deliver water to and provide for O&M of the Wildlife Mitigation Facilities at its own expense in accordance with the Settlement Agreement. (b) Responsibilities of United States.--In return the United States shall-- (1) release and discharge the District's obligation, including any delinquent or accrued payments, or assessments of any nature under the 1979 Repayment Contract, including the unpaid obligation of the 1964 Basic Contract; (2) transfer title of the Project Irrigation Works to the District; (3) assign to the District all third party agreements associated with the Project Irrigation Works; (4) continue power deliveries provided under section 6 of this Act; and (5) assume full responsibility to indemnify and defend the District against any claim known as the Grillo Claim, government contractor construction claims accruing at any time, and any other suits or claims filed against the United States as of the date of the Settlement Agreement. SEC. 6. POWER. Nothing in this Act shall be construed as having any affect on power arrangements under Public Law 94-423 (90 Stat. 1324). The United States shall continue to provide to the District power and energy for irrigation water pumping for the Project, including Dairy Point Pumping Plant. However, the amount and term of reserved power shall not exceed, respectively-- (1) 27,100,000 kilowatt hours per year; and (2) 50 years commencing October 18, 1990. SEC. 7. CONVEYANCE. (a) Conveyance of Interests of United States.--Subject to valid existing rights, the Secretary is authorized to convey all right, title, and interest, without warranties, of the United States in and to all Project Irrigation Works to the District. In the event a significant cultural resource or hazardous waste site is identified, the Secretary is authorized to defer or delay transfer of title to any parcel until required Federal action is completed. (b) Retention of Title to Wildlife Mitigation Facilities.--The Secretary will retain title to the Wildlife Mitigation Facilities. The District shall remain obligated to deliver water to and provide for the O&M of the Wildlife Mitigation Facilities at its own expense in accordance with the Settlement Agreement. (c) Reservation.--The transfer of rights and interests pursuant to subsection (a) shall reserve to the United States all oil, gas, and other mineral deposits and a perpetual right to existing public access open to public fishing, hunting, and other outdoor recreation purposes, and such other existing public uses. SEC. 8. REPAYMENT CONTRACT. Upon conveyance of title to the Project Irrigation Works notwithstanding any parcels delayed in accordance with section 7(a), the 1964 Basic Contract, and the 1979 Repayment Contract between the District and Reclamation, shall be terminated and of no further force or effect. SEC. 9. INDIAN TRUST RESPONSIBILITIES. The District shall remain obligated to deliver water under appropriate water service contracts to Indian Trust Lands upon request from the owners or lessees of such land. SEC. 10. LIABILITY. Upon completion of the conveyance of Project Irrigation Works under this Act, the District shall-- (1) be liable for all acts or omissions relating to the operation and use of the Project Irrigation Works that occur before or after the conveyance except for the Grillo Claim, government contractor construction claims accruing at any time, and any other suits or claims filed as of the date of the Settlement Agreement; (2) absolve the United States and its officers and agents of responsibility and liability for the design and construction including latent defects associated with the Project; and (3) assume responsibility to indemnify and defend the United States against all claims whether now known or unknown and including those of third party claims associated with arising from or in any way related to the Project except for the Grillo Claim, government contractor construction claims accruing at any time, and any other suits or claims filed as of the date of the Settlement Agreement. SEC. 11. CERTAIN ACTS NOT APPLICABLE AND TERMINATION OF MANDATES. (a) Reclamation Laws.--All mandates imposed by the Reclamation Act of 1902, and all Acts supplementary thereto or amendatory thereof, including the Reclamation Reform Act of 1982, upon the Project Irrigation Works shall be terminated upon the completion of the transfers as provided by this Act and the Settlement Agreement. After transfer of title, any future Reclamation benefits to be received pursuant to chapter 1093 of the Reclamation Act of June 17, 1902 (32 Stat. 388), and Acts supplementary thereto or amendatory thereof, other than as provided herein, shall be subject to approval by Congress. (b) Relationship to Other Laws.--The transfer of title authorized by this Act shall not-- (1) be subject to the provisions of chapter 5 of title 5, United States Code (commonly known as the ``Administrative Procedures Act''); or (2) be considered a disposal of surplus property under the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.) and the Surplus Property Act of 1944 (50 U.S.C. App. 1601 et seq.).

Oroville-Tonasket Claim Settlement and Conveyance Act - Approves the Settlement Agreement between the U.S. Bureau of Reclamation and the Oroville-Tonasket Irrigation District. Authorizes the Secretary of the Interior to conduct all necessary and appropriate investigations, studies, and required Federal actions to implement the Agreement. Provides for consideration by the District to the United States and U.S. responsibilities under such Agreement. Releases the United States from further obligation for removing irrigation facilities under the Oroville-Tonasket Irrigation Project. Authorizes the Secretary to convey to the District all U.S. rights and interest in Project irrigation works. Directs the Secretary to retain title to the Wildlife Mitigation Facilities. Terminates certain prior contracts upon such conveyance. Continues the District's obligation to deliver water to Indian trust lands upon request. Provides liabilities of the District upon conveyance of the irrigation works. Terminates upon the completion of the transfer specified mandates imposed upon the irrigation works under prior reclamation laws.

{"src": "billsum_train", "title": "Oroville-Tonasket Claim Settlement and Conveyance Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Informed Health Care Decision Making Act''. SEC. 2. FINDINGS. Congress finds the following: (1) National randomized controlled trials have found that replacing the brief summary of drug advertisements with a drug facts box improved consumer knowledge and judgments. In such trials, consumers who were presented with a drug facts box more accurately perceived the side effects and benefits of a drug, and were more than twice as likely to choose the superior drug. (2)(A) In 2007, the Institute of Medicine conducted a workshop that highlighted that the public has a limited understanding of the benefits and risks of drugs. The workshop also highlighted that it is important to-- (i) provide patients and physicians with the best possible information for making informed decisions about the use of pharmaceuticals; (ii) employ quantitative and standardized approaches when trying to evaluate pharmaceutical benefit-risk; and (iii) develop and validate improved tools for communicating pharmaceutical benefit-risk information to patients and physicians. (B) The general agreement of the workshop was that the Food and Drug Administration should pilot test a drug facts box. (3) On February 27, 2009, the Food and Drug Administration's Risk Communication Advisory Committee made the following unanimous recommendations: (A) The Food and Drug Administration should adopt a single standard document for communicating essential information about pharmaceuticals. (B) That standard document should include quantitative summaries of risks and benefits, along with use and precaution information. (C) The Food and Drug Administration should adopt the drug facts box format as its standard. SEC. 3. PRESENTATION OF DRUG BENEFIT AND RISK INFORMATION. (a) In General.--The Secretary of Health and Human Services (referred to in this Act as the ``Secretary''), acting through the Commissioner of Food and Drugs, shall determine whether standardized, quantitative summaries of the benefits and risks of drugs in a tabular or drug facts box format, or any alternative format, in the labeling and print advertising of such drugs would improve health care decisionmaking by clinicians and patients and consumers. (b) Review and Consultation.--In making the determination under subsection (a), the Secretary shall review all available scientific evidence and consult with drug manufacturers, clinicians, patients and consumers, experts in health literacy, and representatives of racial and ethnic minorities. (c) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Congress a report that provides-- (1) the determination by the Secretary under subsection (a); and (2) the reasoning and analysis underlying that determination. (d) Authority.-- (1) In general.--If the Secretary determines under subsection (a) that standardized, quantitative summaries of the benefits and risks of drugs in a tabular or drug facts box format, or any alternative format, in the labeling and print advertising of such drugs would improve health care decisionmaking by clinicians and patients and consumers, then the Secretary, not later than 1 year after the date of submission of the report under subsection (c), shall promulgate regulations as necessary to implement such format. (2) Objective and up-to-date information.--In carrying out paragraph (1), the Secretary shall ensure that the information presented in a summary described under such paragraph is objective and up-to-date, and is the result of a review process that considers the totality of published and unpublished data. (3) Posting of information.--In carrying out paragraph (1), the Secretary shall post the information presented in a summary described under such paragraph on the Internet Web site of the Food and Drug Administration. SEC. 4. STANDARDS FOR COMPARATIVE CLINICAL EFFECTIVENESS INFORMATION. (a) In General.--The Secretary, acting through the Commissioner of Food and Drugs, shall establish and periodically update methodological standards and criteria for the sources of evidence and the adequacy and degree of evidence that are appropriate for inclusion of comparative clinical effectiveness information in labeling and advertisements under subsections (f), (n)(3), and (r) of section 502 of the Federal Food, Drug, and Cosmetic Act (as amended by section 5). (b) Requirements.--The standards and criteria established under subsection (a) shall ensure that comparative clinical effectiveness information provides reliable and useful information that improves health care decisionmaking, adheres to rigorous scientific standards, and is produced through a transparent process that includes consultation with stakeholders. (c) Consultation.--In carrying out subsection (a), the Secretary shall consult with manufacturers of drugs and devices, clinicians, patients and consumers, experts in health literacy, and representatives of racial and ethnic minorities. (d) Definition.--For purposes of this section, the term ``comparative clinical effectiveness'' means the clinical outcomes, effectiveness, safety, and clinical appropriateness of a drug or device in comparison to 1 or more drugs or devices, respectively, approved to prevent, diagnose, or treat the same health condition for the same patient demographic subpopulation. SEC. 5. DISCLOSURE OF COMPARATIVE CLINICAL EFFECTIVENESS INFORMATION. (a) Comparative Clinical Effectiveness.--Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the following: ``(rr) The term `comparative clinical effectiveness' means the clinical outcomes, effectiveness, safety, and clinical appropriateness of a drug or device in comparison to 1 or more drugs or devices, respectively, approved to prevent, diagnose, or treat the same health condition for the same patient demographic subpopulation, on the basis of research that meets standards adopted by the Secretary under section 4 of the Informed Health Care Decision Making Act.''. (b) Labeling and Advertising Information.--Section 502 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352) is amended-- (1) in subsection (f), by striking ``for use; and (2)'' and inserting ``for use; (2) such information in brief summary relating to comparative clinical effectiveness as shall be required in regulations which shall be issued by the Secretary in accordance with the procedure specified in section 701(a); and (3)''; (2) in subsection (n)(3), by striking ``and effectiveness'' and inserting ``effectiveness, and comparative clinical effectiveness (or a disclosure that there is no such information relating to comparative clinical effectiveness if another drug has been approved for the same use),''; and (3) in subsection (r)-- (A) by striking ``In the case of any'' and inserting ``(1) In the case of any''; (B) by striking ``(1) a true'' and inserting ``(A) a true''; (C) by striking ``(2) a brief'' and inserting ``(B) a brief''; and (D) by striking ``and contraindications'' and inserting ``contraindications, and, if appropriate after taking into consideration the type of device, effectiveness and comparative clinical effectiveness (or a disclosure that there is no such information relating to comparative clinical effectiveness if another device has been approved for the same use)''.

Informed Health Care Decision Making Act - Requires the Commissioner of Food and Drugs (FDA) to: (1) determine whether standardized, quantitative summaries of the benefits and risks of drugs in a tabular or drug facts box format would improve health care decisionmaking by clinicians, patients, and consumers; and (2) establish and update standards for comparative clinical effectiveness information in the labeling and advertising of drugs and devices under the Federal Food, Drug, and Cosmetic Act. Defines "comparative clinical effectiveness" as the clinical outcomes, effectiveness, safety, and clinical appropriateness of a drug or device in comparison to one or more drugs or devices approved to prevent, diagnose, or treat the same health condition in the same patient demographic subpopulation. Amends the Federal Food, Drug, and Cosmetic Act to require information on comparative clinical effectiveness for drugs and devices in labeling and advertising.

{"src": "billsum_train", "title": "A bill to amend the Federal Food, Drug, and Cosmetic Act with respect to inclusion of effectiveness information in drug and device labeling and advertising."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bankruptcy Judgeship Act of 2002''. SEC. 2. TEMPORARY JUDGESHIPS. (a) Appointments.--The following bankruptcy judges shall be appointed in the manner prescribed in section 152(a)(1) of title 28, United States Code, for the appointment of bankruptcy judges provided for in section 152(a)(2) of such title: (1) One additional bankruptcy judge for the eastern district of California. (2) Three additional bankruptcy judges for the central district of California. (3) Four additional bankruptcy judges for the district of Delaware. (4) Two additional bankruptcy judges for the southern district of Florida. (5) One additional bankruptcy judge for the southern district of Georgia. (6) Three additional bankruptcy judges for the district of Maryland. (7) One additional bankruptcy judge for the eastern district of Michigan. (8) One additional bankruptcy judge for the southern district of Mississippi. (9) One additional bankruptcy judge for the district of New Jersey. (10) One additional bankruptcy judge for the eastern district of New York. (11) One additional bankruptcy judge for the northern district of New York. (12) One additional bankruptcy judge for the southern district of New York. (13) One additional bankruptcy judge for the eastern district of North Carolina. (14) One additional bankruptcy judge for the eastern district of Pennsylvania. (15) One additional bankruptcy judge for the middle district of Pennsylvania. (16) One additional bankruptcy judge for the district of Puerto Rico. (17) One additional bankruptcy judge for the western district of Tennessee. (18) One additional bankruptcy judge for the eastern district of Virginia. (19) One additional bankruptcy judge for the district of South Carolina. (20) One additional bankruptcy judge for the district of Nevada. (b) Vacancies.-- (1) Districts with single appointments.--Except as provided in paragraphs (2), (3), (4), and (5), the first vacancy occurring in the office of bankruptcy judge in each of the judicial districts set forth in subsection (a)-- (A) occurring 5 years or more after the appointment date of the bankruptcy judge appointed under subsection (a) to such office; and (B) resulting from the death, retirement, resignation, or removal of a bankruptcy judge; shall not be filled. (2) Central district of california.--The 1st, 2d, and 3d vacancies in the office of bankruptcy judge in the central district of California-- (A) occurring 5 years or more after the respective 1st, 2d, and 3d appointment dates of the bankruptcy judges appointed under subsection (a)(2); and (B) resulting from the death, retirement, resignation, or removal of a bankruptcy judge; shall not be filled. (3) District of delaware.--The 1st, 2d, 3d, and 4th vacancies in the office of bankruptcy judge in the district of Delaware-- (A) occurring 5 years or more after the respective 1st, 2d, 3d, and 4th appointment dates of the bankruptcy judges appointed under subsection (a)(3); and (B) resulting from the death, retirement, resignation, or removal of a bankruptcy judge; shall not be filled. (4) Southern district of florida.--The 1st and 2d vacancies in the office of bankruptcy judge in the southern district of Florida-- (A) occurring 5 years or more after the respective 1st and 2d appointment dates of the bankruptcy judges appointed under subsection (a)(4); and (B) resulting from the death, retirement, resignation, or removal of a bankruptcy judge; shall not be filled. (5) District of maryland.--The 1st, 2d, and 3d vacancies in the office of bankruptcy judge in the district of Maryland-- (A) occurring 5 years or more after the respective 1st, 2d, and 3d appointment dates of the bankruptcy judges appointed under subsection (a)(6); and (B) resulting from the death, retirement, resignation, or removal of a bankruptcy judge; shall not be filled. SEC. 3. EXTENSIONS. (a) In General.--The temporary office of bankruptcy judges authorized for the northern district of Alabama, the district of Delaware, the district of Puerto Rico, and the eastern district of Tennessee under paragraphs (1), (3), (7), and (9) of section 3(a) of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) are extended until the first vacancy occurring in the office of a bankruptcy judge in the applicable district resulting from the death, retirement, resignation, or removal of a bankruptcy judge and occurring 5 years after the date of the enactment of this Act. (b) Applicability of Other Provisions.--All other provisions of section 3 of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) remain applicable to the temporary office of bankruptcy judges referred to in this section. SEC. 4. TECHNICAL AMENDMENTS. Section 152(a) of title 28, United States Code, is amended-- (1) in paragraph (1), by striking the first sentence and inserting the following: ``Each bankruptcy judge to be appointed for a judicial district, as provided in paragraph (2), shall be appointed by the court of appeals of the United States for the circuit in which such district is located.''; and (2) in paragraph (2)-- (A) in the item relating to the middle district of Georgia, by striking ``2'' and inserting ``3''; and (B) in the collective item relating to the middle and southern districts of Georgia, by striking ``Middle and Southern . . . . . . 1''. SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall take effect on the date of enactment of this Act.

Bankruptcy Judgeship Act of 2002 - Makes appointments to the office of bankruptcy judge for judicial districts in the following States: California, Delaware; Florida; Georgia; Maryland; Michigan; Mississippi; New Jersey; New York; North Carolina, Pennsylvania; Puerto Rico; Tennessee; Virginia, South Carolina and Nevada.Grants extensions to the temporary office of bankruptcy judges authorized for the northern district of Alabama, the district of Delaware, the district of Puerto Rico, and the eastern district of Tennessee.

{"src": "billsum_train", "title": "A bill to provide bankruptcy judgeships."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Port Revitalization Act of 1996''. SEC. 2. COST SHARING FOR LAND-BASED AND CONFINED DREDGED MATERIAL DISPOSAL FACILITIES. (a) Treatment as General Navigation Feature.--Notwithstanding any other provision of law, the cost of providing, after the date of enactment of this Act, land-based and confined aquatic dredged material disposal facilities associated with the construction, operation, and maintenance of any Federal navigation project for any harbor or other federally maintained waterway, including the cost of diking and applying dredged material to beneficial use, and other improvements necessary for the proper disposal of dredged material at such facilities shall be considered a general navigation feature of the project and shall be subject to cost sharing as a general navigation feature in accordance with section 101(a) of the Water Resources Development Act of 1986 (33 U.S.C. 2211(a); 100 Stat. 4082-4083). (b) Cost Sharing for Operation and Maintenance.--The Federal share of the cost of operation and maintenance of each disposal facility to which subsection (a) applies shall be determined in accordance with section 101(b) of the Water Resources Development Act of 1986 (33 U.S.C. 2211(b); 100 Stat. 4083). (c) Eligible Operation and Maintenance Costs.--For the purposes of section 210 of the Water Resources Development Act of 1986 (33 U.S.C. 2238; 100 Stat. 4106), eligible operation and maintenance costs shall include-- (1) the Federal share of the costs of constructing dredged material disposal facilities associated with the operation and maintenance of all Federal navigation projects for harbors and other federally maintained waterways; (2) the Federal share of the cost of operating and maintaining dredged material disposal facilities associated with the construction, operation, and maintenance of all such navigation projects; (3) the Federal share of the costs of environmental dredging and disposal facilities for contaminated sediments which are in or which affect the maintenance of such Federal navigation channels and the mitigation of environmental impacts resulting from Federal dredging activities; and (4) the Federal share for the dredging, management and disposal of contaminated sediments, or other environmental remediation in critical port and harbor areas in order to facilitate commercial navigation, as determined by the Secretary. In selecting and carrying out projects made eligible for assistance by paragraph (4), the Secretary of the Army shall give preference to projects in a port area to the extent that annual payments of the harbor maintenance tax imposed by section 9505 of the Internal Revenue Code of 1986 exceed Federal expenditures made from the Harbor Maintenance Trust Fund for projects carried out in such port area. (d) Limitations on Use of Funds.--No funds comprising the Federal share of costs of construction of a dredged material disposal facility for operation and maintenance of Federal navigation projects for harbors and other federally maintained waterways shall be expended for such construction until the Secretary of the Army determines that such funds are not otherwise required to cover other eligible operation and maintenance costs assigned to commercial navigation. The Secretary shall assure that funds expended for construction of such facilities are equitably apportioned in accordance with identified regional needs. (e) Applicability.--This section shall apply to the construction of dredged material disposal facilities for which a contract for construction or construction of usable increment thereof, or the construction of the associated navigation project or usable increment thereof, has not been awarded on or before the date of the enactment of this Act. With the consent of the non-Federal interest, the Secretary of the Army shall amend project cooperative agreements in effect on the date of the enactment of this Act to provide for the Federal share of project costs of dredged material disposal facilities as provided in this section. (f) No Increase in Non-Federal Share.--Nothing in this section shall be construed as increasing, or resulting in the increase of, the non-Federal share of the costs of any dredged material disposal facility authorized to be provided before the date of the enactment of this Act. SEC. 3. FEDERAL PARTICIPATION. (a) Additional Capacity.--At the request of a non-Federal project sponsor, the Secretary of the Army may provide additional capacity at a dredged material disposal facility constructed by the Department of the Army beyond that which would be required for project purposes if the non-Federal project sponsor agrees to pay, during the period of construction, all costs associated with the construction of the additional capacity. The non-Federal project sponsor may recover the costs assigned to the additional capacity through fees assessed on 3rd parties whose dredged sediments are deposited in the facility and who enter into agreements with the non-Federal sponsor for the use of such facility. The amount of such fees may be determined by the non-Federal sponsor. (b) Use of Disposal Facilities.-- (1) In general.--The Secretary of the Army-- (A) may permit the use of any dredged material disposal facility under the jurisdiction of, or managed by, the Department of the Army by a non-Federal interest if the Secretary determines that such use will not compromise the availability of the facility for project purposes; and (B) may impose fees to recover capital, operation, and maintenance costs associated with such use. (2) Use of fees.--Notwithstanding section 401(c) of the Federal Water Pollution Control Act, any monies received through collection of fees under this subsection shall be available to the Secretary, and shall be used by the Secretary, for the operation and maintenance of the disposal facility from which they were collected. (c) Federal Participation in Non-Federal Disposal Facilities.--The Secretary of the Army is authorized to participate in the construction and use of dredged material disposal facilities developed by non- Federal interests if such facilities are necessary to the construction or operation and maintenance of a Federal navigation project, without respect to whether or not such facilities could be used in environmental restoration of the applicable water body. The Secretary is further authorized to pay disposal fees associated with Federal use of such facilities. (d) Special Rules.--Any reference in this Act to a non-Federal sponsor's obligation to provide ``lands, easements, rights-of-way, relocations and dredged material disposal areas,'' shall, with respect to ``dredged material disposal areas,'' be limited to the acquisition of property and shall not include any costs associated with the construction or preparation of such areas or any related engineering, design, permitting, environmental mitigation, or restoration costs. Unless otherwise specifically provided to the contrary, costs involving preparation or improvement of an acquired disposal area to render it usable for receipt of dredged material shall be considered a part of project costs and as such shall be fully subject to the applicable cost-sharing formulas. (e) Management Techniques.--The Secretary of the Army shall use, to the extent feasible, management techniques to extend the useful life of all land-based and confined aquatic dredged material disposal facilities managed by the Secretary and constructed by the Secretary after the date of the enactment of this Act. SEC. 4. LOWER HARBOR MAINTENANCE TAX. (a) Amount of Tax.--Effective January 1, 1997, section 4461(b) of the Internal Revenue Code of 1986 is amended to read as follows: ``(b) Amount of Tax.--The amount of the tax imposed by subsection (a) on any port use shall be an amount equal to 0.085 percent of the value of the commercial cargo involved.''. (b) Assessment of Tax.--For each calendar year beginning after the date of the enactment of this Act, the Secretary of the Army, in consultation with the Secretary of the Treasury, shall conduct an assessment of the Harbor Maintenance Trust Fund established by section 9505 of the Internal Revenue Code of 1986 to determine the advisability of a reduction or an increase in the tax on port use imposed by section 4461 of such Code with the objective of ensuring the maintenance of a balance in the Trust Fund at a sufficient level to pay the eligible operation and maintenance costs as provided for in section 210(a) of the Water Resources Development Act of 1986 and this Act. (c) Report; Process for Changing Amount of Tax.--Not later than December 31, 1997, and December 31 of each calendar year thereafter, the Secretary of the Army shall report to Congress on the determination made under subsection (b). SEC. 5. SEDIMENTS DECONTAMINATION TECHNOLOGY. (a) Project Purpose.--Section 405(a) of the Water Resource Development Act of 1992 (33 U.S.C. 2239 note; 106 Stat. 4863) is amended by adding at the end the following: ``(3) Project purpose.--The purpose of the project to be carried out under this section is to provide for the development of 1 or more sediment decontamination technologies on a pilot scale demonstrating a capacity of at least 500,000 cubic yards per year.''. (b) Authorization of Appropriations.--The first sentence of section 405(c) of such Act is amended by inserting before the period at the end the following: ``and ending before October 1, 1996, and $10,000,000 for fiscal years beginning after September 30, 1996''. (c) Reports.--Section 405 of such Act is amended by adding at the end the following: ``(d) Reports.--Not later than September 30, 1998, and September 30 of each calendar year thereafter, the Administrator and the Secretary shall transmit to Congress a report on the results of the project to be carried out under this section, including an assessment of the progress made in achieving the purpose of the project set forth in subsection (a)(3).''. SEC. 6. AUTHORIZATION OF DREDGE MATERIAL CONTAINMENT FACILITY FOR PORT OF NEW YORK/NEW JERSEY. (a) In General.--The Secretary of the Army is authorized to construct, operate, and maintain a dredged material containment facility with a capacity commensurate with the long-term dredged material disposal needs of port facilities under the jurisdiction of the Port of New York/New Jersey substantially in accordance with a final report of the Chief of Engineers. The costs associated with feasibility studies, design, engineering, and construction shall be shared with the local sponsor in accordance with the provisions of section 2 of this Act. (b) Eligibility.--Notwithstanding the provisions of the Marine Protection, Research, and Sanctuaries Act of 1972, dredged material from the Port of New York/New Jersey that is not acceptable for ocean disposal may be disposed of in the facility to be constructed under this section. (c) Beneficial Use.--After the facility to be constructed under subsection (a) has been filled to capacity with dredged material, the Secretary shall maintain the facility for the public benefit.

Port Revitalization Act of 1996 - Provides that the cost of providing land-based and confined aquatic dredged material disposal facilities (facilities) associated with the construction, operation, and maintenance of any Federal navigation project for any harbor or other federally maintained waterway shall be considered a general navigation feature (thereby allowing the Harbor Maintenance Trust Fund to be used to cover such dredging and disposal activities). Provides for the determination of the Federal share of the costs of operation and maintenance (O&M) of such disposal facilities, as well as eligible O&M costs related to such facilities. Prohibits the expenditure of such funds until the Secretary of the Army determines that such funds are not otherwise required to cover other eligible O&M costs assigned to commercial navigation. (Sec. 3) Authorizes the Secretary, at the request of a non-Federal project sponsor, to provide additional capacity at a facility constructed by the Army beyond that which would be required for project purposes if the non-Federal sponsor agrees to pay all costs associated with the construction of the additional capacity. Allows such costs to be recovered through the assessment of user fees from third parties whose dredged materials are deposited in such facilities and who enter into agreements for the use of such facilities. Requires all user fees collected to be used by the Secretary for O&M costs associated with the facility. Authorizes the Secretary to participate in the construction and use of facilities developed by non-Federal interests if such facilities are necessary to the construction or O&M of a Federal navigation project. Authorizes the Secretary to pay disposal fees associated with the use of such facilities. Authorizes the Secretary to use management techniques to extend the useful life of all land-based and confined dredged material disposal facilities constructed and managed by the Secretary after the enactment of this Act. (Sec. 4) Amends the Internal Revenue Code to lower, effective on January 1, 1997, the tax imposed on the use of any U.S. port to 0.085 (currently, 0.125) percent of the value of the commercial cargo involved. Directs the Secretary, in each calendar year, to conduct an assessment of the Harbor Maintenance Trust Fund to determine whether such tax should be reduced or increased to ensure that such Fund remains at a sufficient level to pay the eligible O&M costs under this Act and the Water Resources Development Act of 1986. Requires an annual report from the Secretary to the Congress on such determination. (Sec. 5) Amends the Water Resources Development Act of 1992 to add as a purpose of a pilot project under such Act the development of one or more sediment decontamination technologies on a pilot scale demonstrating a capacity of at least 500,000 cubic yards per year. Extends permanently the authorization of appropriations for such pilot project. Requires the Secretary and the Administrator of the Environmental Protection Agency to report annually to the Congress on the results of the project, including the development of decontamination technologies. (Sec. 6) Authorizes the Secretary to construct, operate, and maintain a dredged material containment facility for the Port of New York-New Jersey substantially in accordance with a final report of the Army Chief of Engineers. Requires the Secretary to maintain the facility for the public benefit after it has been filled to capacity with dredged material.

{"src": "billsum_train", "title": "Port Revitalization Act of 1996"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Beginning Farmers and Ranchers Act of 2005''. SEC. 2. EXCLUSION OF GAIN FROM SALE OF CERTAIN FARMLAND. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by adding after section 121 the following new section: ``SEC. 121A. EXCLUSION OF GAIN FROM SALE OF QUALIFIED FARM PROPERTY. ``(a) Exclusion.--In the case of a natural person, gross income shall not include-- ``(1) 100 percent of the gain from the sale or exchange of qualified farm property to a first-time farmer who meets the certification requirement of subsection (d), ``(2) 50 percent of the gain from the sale or exchange of qualified farm property to any other person who meets the certification requirement of subsection (d), and ``(3) 25 percent of the gain from the sale or exchange of qualified farm property to any other person for any other use. ``(b) Limitation on Amount of Exclusion.-- ``(1) In general.--The amount of gain excluded from gross income under subsection (a) with respect to any taxable year shall not exceed $500,000 ($250,000 in the case of a married individual filing a separate return), reduced by the aggregate amount of gain excluded under subsection (a) for all preceding taxable years. ``(2) Special rule for joint returns.--The amount of the exclusion under subsection (a) on a joint return for any taxable year shall be allocated equally between the spouses for purposes of applying the limitation under paragraph (1) for any succeeding taxable year. ``(c) Definitions.--For purposes of this section-- ``(1) First-time farmer.--The term `first-time farmer' means a first-time farmer (as defined in section 147(c)(2)(C), determined without regard to clause (i)(II) thereof) who meets the requirements of section 147(c)(2)(B). For purposes of the preceding sentence, in applying clause (ii) of section 147(c)(2)(B), the material and substantial participation standard shall be treated as met with respect to a qualified farm if the first-time farmer will-- ``(A) perform not less than 1,000 hours of service with respect to such farm, or ``(B) provide half the required management and labor with respect to such farm. ``(2) Qualified farm property.--The term `qualified farm property' means real property located in the United States if-- ``(A) during periods aggregating 3 years or more of the 5-year period ending on the date of the sale or exchange of such real property, such real property was used as a farm for farming purposes by the taxpayer, the taxpayer's spouse, or other member of the family of the taxpayer, and ``(B) there was material participation by the taxpayer, the taxpayer's spouse, or other member of the family of the taxpayer in the operation of the farm during 3 years or more of the 5-year period ending on the earlier of-- ``(i) the sale or exchange of such real property, or ``(ii) the later of the retirement of the taxpayer or the taxpayer's spouse who materially participated. ``(3) Other definitions.--The terms `member of the family', `farm', `farming purposes', and `material participation' have the respective meanings given such terms by paragraphs (2), (4), (5), and (6) of section 2032A(e), respectively. ``(d) Use Certification as Farm for Farming Purposes.--The certification requirement of this subsection is a certification that the use of the qualified farm property referred to in subsection (a)(1) will be as a farm for farming purposes for not less than the 10-year period beginning on the date of the sale or exchange referred to in subsection (a)(1). ``(e) Special Rules.--For purposes of this section, the following rules shall apply: ``(1) Rules similar to the rules of subsections (e) and (f) of section 121. ``(2) Rules similar to the rules of paragraphs (4) and (5) of section 2032A(b) and paragraph (3) of section 2032A(e). ``(f) Treatment of Disposition or Change in Use of Property.-- ``(1) In general.--If, as of the close of any taxable year, there is a recapture event with respect to any qualified farm property transferred to the taxpayer in a sale or exchange described in paragraph (1) or (2) of subsection (a), then the tax of the taxpayer under this chapter for such taxable year shall be increased by an amount equal to the product of-- ``(A) the applicable recapture percentage, and ``(B) 10 percent of the taxpayer's adjusted basis in the property on the date such property was transferred to the taxpayer. ``(2) Applicable recapture percentage.-- ``(A) In general.--For purposes of this subsection, the applicable recapture percentage shall be determined from the following table: ``If the recapture event occurs in: The applicable recapture percentage is: Years 1 through 5...................................... 100 Year 6................................................. 80 Year 7................................................. 60 Year 8................................................. 40 Year 9................................................. 20 Years 10 and thereafter................................ 0. ``(B) Years.--For purposes of subparagraph (A), year 1 shall begin on the date of the sale or exchange described in paragraph (1) or (2) of subsection (a). ``(3) Recapture event defined.--For purposes of this subsection, the term `recapture event' means-- ``(A) Cessation of operation.--The cessation of the operation of any property the sale or exchange of which to the taxpayer is described in paragraph (1) or (2) of subsection (a) as a farm for farming purposes. ``(B) Change in ownership.-- ``(i) In general.--Except as provided in clause (ii), the disposition of a taxpayer's interest in any property the sale or exchange of which to the taxpayer is described in paragraph (1) or (2) of subsection (a). ``(ii) Agreement to assume recapture liability.--Clause (i) shall not apply if the person acquiring such interest in the property agrees in writing to assume the recapture liability of the person disposing of such interest in effect immediately before such disposition. In the event of such an assumption, the person acquiring the interest in the property shall be treated as the taxpayer for purposes of assessing any recapture liability (computed as if there had been no change in ownership). ``(4) Special rules.-- ``(A) No credits against tax.--Any increase in tax under this subsection shall not be treated as a tax imposed by this chapter for purposes of determining the amount of any credit under subpart A, B, or D of this part. ``(B) No recapture by reason of hardship.--The increase in tax under this subsection shall not apply to any disposition of property or cessation of the operation of any property as a farm for farming purposes by reason of any hardship as determined by the Secretary.''. (b) Conforming Amendment.--The table of sections for part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding after the item relating to section 121 the following new item: ``Sec. 121A. Exclusion of gain from sale of qualified farm property.''. (c) Effective Date.--The amendment made by this section shall apply to any sale or exchange on or after the date of the enactment of this Act, in taxable years ending after such date.

Beginning Farmers and Ranchers Act of 2005 - Amends the Internal Revenue Code to exclude from gross income 100 percent of the gain, up to $500,000, from the sale of qualified farm property to a first-time farmer who certifies that such property will be used for farming purposes for ten years. Allows: (1) a 50 percent exclusion for the sale of qualified farm property to any other person who certifies that such property will be used for farming purposes for ten years; and (2) a 25 percent exclusion for the sale of qualified farm property to any other person for any other use. Defines "qualified farm property" as real property located in the United States which is used for farming purposes for a specified three-year period and in which there was material participation by the taxpayer or the taxpayer's spouse or family member. Requires the recapture of tax benefits if qualified farm property is sold or ceases operation as a farm before the required ten-year period.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide an exclusion for gain from the sale of farmland to encourage the continued use of the property for farming, and for other purposes."}

SECTION 1. COMMISSION ON FREEDOM OF INFORMATION ACT PROCESSING DELAYS. (a) Short Title.--This Act may be cited as the ``Faster FOIA Act of 2010''. (b) Establishment.--There is established the Commission on Freedom of Information Act Processing Delays (in this Act referred to as the ``Commission'' for the purpose of conducting a study relating to methods to help reduce delays in processing requests submitted to Federal agencies under section 552 of title 5, United States Code (commonly referred to as the ``Freedom of Information Act''). (c) Membership.-- (1) In general.--The Commission shall be composed of 16 members of whom-- (A) 3 shall be appointed by the chairman of the Committee on the Judiciary of the Senate; (B) 3 shall be appointed by the ranking member of the Committee on the Judiciary of the Senate; (C) 3 shall be appointed by the chairman of the Committee on Government Reform of the House of Representatives; (D) 3 shall be appointed by the ranking member of the Committee on Government Reform of the House of Representatives; (E) 1 shall be appointed by the Attorney General of the United States; (F) 1 shall be appointed by the Director of the Office of Management and Budget; (G) 1 shall be appointed by the Archivist of the United States; and (H) 1 shall be appointed by the Comptroller General of the United States. (2) Qualifications of congressional appointees.--Of the 3 appointees under each of subparagraphs (A), (B), (C), and (D) of paragraph (1) at least 2 shall have experience in academic research in the fields of library science, information management, or public access to Government information. (3) Timeliness of appointments.--Appointments to the Commission shall be made as expeditiously as possible, but not later than 60 days after the date of enactment of this Act. (d) Study.--The Commission shall conduct a study to-- (1) identify methods that-- (A) will help reduce delays in the processing of requests submitted to Federal agencies under section 552 of title 5, United States Code; and (B) ensure the efficient and equitable administration of that section throughout the Federal Government; (2) examine whether the system for charging fees and granting waivers of fees under section 552 of title 5, United States Code, needs to be reformed in order to reduce delays in processing requests; and (3) examine and determine-- (A) why the Federal Government's use of the exemptions under section 552(b) of title 5, United States Code, increased during fiscal year 2009; (B) the reasons for any increase, including whether the increase was warranted and whether the increase contributed to FOIA processing delays; (C) what efforts were made by Federal agencies to comply with President Obama's January 21, 2009 Presidential Memorandum on Freedom of Information Act Requests and whether those efforts were successful; and (D) make recommendations on how the use of exemptions under section 552(b) of title 5, United States Code, may be limited. (e) Report.--Not later than 1 year after the date of enactment of this Act, the Commission shall submit a report to Congress and the President containing the results of the study under this section, which shall include-- (1) a description of the methods identified by the study; (2) the conclusions and recommendations of the Commission regarding-- (A) each method identified; and (B) the charging of fees and granting of waivers of fees; and (3) recommendations for legislative or administrative actions to implement the conclusions of the Commission. (f) Staff and Administrative Support Services.--The Archivist of the United States shall provide to the Commission such staff and administrative support services, including research assistance at the request of the Commission, as necessary for the Commission to perform its functions efficiently and in accordance with this section. (g) Information.--To the extent permitted by law, the heads of executive agencies, the Government Accountability Office, and the Congressional Research Service shall provide to the Commission such information as the Commission may require to carry out its functions. (h) Compensation of Members.--Members of the Commission shall serve without compensation for services performed for the Commission. (i) 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. (j) Transparency.--All meetings of the Commission shall be open to the public, except that a meeting, or any portion of it, may be closed to the public if it concerns matters or information described in chapter 552b(c) of title 5, United States Code. Interested persons shall be permitted to appear at open meetings and present oral or written statements on the subject matter of the meeting. The Commission may administer oaths or affirmations to any person appearing before the Commission. (k) Termination.--The Commission shall terminate 30 days after the submission of the report under subsection (e). Passed the Senate May 5, 2010. Attest: NANCY ERICKSON, Secretary.

Faster FOIA Act of 2010 - Establishes the Commission on Freedom of Information Act Processing Delays to conduct a study to: (1) identify methods that will help reduce delays in processing Freedom of Information Act (FOIA) requests submitted to federal agencies; (2) ensure the efficient and equitable administration of FOIA throughout the federal government; (3) examine whether the system for charging fees for such requests and granting waivers of such fees needs to be reformed; (4) determine why the government's use of FOIA exemptions increased during FY2009, whether the increase contributed to delays, what efforts were made by federal agencies to comply with President Obama's January 21, 2009 Presidential Memorandum on Freedom of Information Act Requests, and whether those efforts were successful; and (5) make recommendations on how the use of exemptions may be limited. Directs the Commission to report to Congress and the President on the results of the study not later than one year after enactment of this Act.

{"src": "billsum_train", "title": "A bill to establish the Commission on Freedom of Information Act Processing Delays."}

SECTION 1. DESIGNATION OF WILDERNESS. (a) Designation.--In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal lands in Box Elder County, Utah, which comprise approximately 23,021 acres, as generally depicted on a map entitled ``Pilot Range Wilderness'' and dated October 1, 2001, are hereby designated as wilderness and, therefore, as components of the National Wilderness Preservation System, and shall be known as the Pilot Range Wilderness. (b) Map and Description.--As soon as practicable after the date of the enactment of this Act, the Secretary of the Interior (in this Act referred to as the ``Secretary'') shall file a map and legal description of the Pilot Range Wilderness with the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. Such map and description shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in such map and legal description. 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, Department of the Interior. SEC. 2. ADMINISTRATION OF PILOT RANGE WILDERNESS. (a) In General.--Subject to valid existing rights and this Act, the Pilot Range Wilderness shall be administered by the Secretary 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 effective date of this Act. (b) Incorporation of Acquired Lands and Interests.--Any privately owned lands or interest in lands within or abutting the boundaries of the Pilot Range Wilderness that are acquired by the United States after the date of the enactment of this Act shall be added to and administered as part of the Pilot Range Wilderness. (c) State Fish and Wildlife.--As provided in section 4(d)(7) of the Wilderness Act, nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of the State of Utah with respect to wildlife and fish on the public lands located in that State. (d) Acquisition of Lands and Interests.--The Secretary may offer to acquire from nongovernmental entities lands and interest in lands located within or abutting the Pilot Range Wilderness. Such lands may be acquired at fair market value under this subsection by exchange, donation, or purchase from willing sellers. (e) Wildlife Management.--In furtherance of the purposes and principles of the Wilderness Act, management activities to maintain or restore fish and wildlife populations and the habitats to support such populations may be carried out within the Pilot Range Wilderness where consistent with relevant wilderness management plans, in accordance with appropriate policies and guidelines such as those set forth in appendix B of the Report of the Committee on Interior and Insular Affairs to accompany H.R. 2570 of the One Hundred First Congress (H. Rept. 101-405). (f) National Defense Lands.-- (1) Findings.--The Congress finds the following: (A) 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. (B) The Utah Test and Training Range and Dugway Proving Ground are unique and irreplaceable national assets at the core of the Department of Defense's test and training mission. (C) The Pilot Range Wilderness is located near lands withdrawn for military use and beneath special use airspace critical to the support of military test and training missions on the Utah Test and Training Range and Dugway Proving Ground. (D) Continued unrestricted access to the special use airspace and lands which comprise the Utah Test and Training Range and Dugway Proving Ground is a national security priority and is not incompatible with the protection and proper management of the natural, environmental, cultural, and other resources of the Federal lands designated as wilderness by this Act. (2) Overflights.-- (A) In general.--Nothing in this Act, the Wilderness Act, or other land management laws generally applicable to the Pilot Range Wilderness, shall restrict or preclude low-level overflights, low-level military overflights and operations of military aircraft, helicopters, unmanned aerial military overflights or military overflights and operations that can be seen or heard within those areas. There shall be no restrictions or preclusions to altitude or airspeed, noise level, supersonic flight, route of flight, time of flight, seasonal usage, or numbers of flights of any military aircraft, helicopters, unmanned aerial vehicles, missiles, aerospace vehicles, and other military weapons systems over the Pilot Range Wilderness. As used in this paragraph, the term ``low- level'' includes any flight down to and including 10 feet above ground level. (B) Modification in use.--Nothing in this Act, the Wilderness Act, or other land management laws generally applicable to the Pilot Range Wilderness, shall restrict or 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 Pilot Range Wilderness. (3) Memorandum of understanding.-- (A) In general.--Not later than 120 days after the date of the enactment of this Act, the Secretary of the Air Force and the Secretary shall enter into a formal memorandum of understanding to establish the procedures and guidelines for the use of the Pilot Range Wilderness, including the following: (i) Procedures and guidelines to ensure immediate access which may be necessary to respond to emergency situations, including the search, rescue, and recovery of personnel and the recovery and investigation of military aircraft or other weapons systems. (ii) Procedures and guidelines to determine the control, restriction, or prohibition of public access when necessary for purposes of national security or public safety. (iii) Procedures and guidelines to provide for the installation of temporary communications, instrumentation, or other equipment necessary for effective testing and training to meet military requirements. (B) Interim operations.--Military operations in the Dugway Proving Ground and in the Utah Test and Training Range shall not be limited or restricted in any way pending the completion of the memorandum of understanding required by subparagraph (A). (g) Livestock.--Within the Pilot Range Wilderness, the grazing of livestock, where established prior to the date of the enactment of this Act, shall be permitted to continue subject to such reasonable regulations, policies, and practices as the Secretary deems 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, and House Report 101-405, Appendix A. (h) Water Rights.--Nothing in this Act, the Wilderness Act, or any action taken pursuant thereto shall constitute an express or implied reservation of surface or groundwater by any person, including the United States. Nothing in this Act affects any valid existing water rights in existence before the date of the enactment of this Act, including any water rights held by the United States. If the United States determines that additional water resources are needed for the purposes of this Act, the United States shall work with or through any agency that is eligible to hold in-stream flow water rights to acquire such rights in accordance with the water laws of the State of Utah. SEC. 3. WILDERNESS RELEASE. Lands that are within the Pilot Range in Utah not designated as wilderness by this Act are no longer subject to the plan amendment process initiated by the Secretary and identified by the Federal Register Notice dated March 18, 1999, page 13499. SEC. 4. ADJACENT MANAGEMENT. The Congress does not intend for the designation of the Pilot Range Wilderness to lead to the creation of protective perimeters or buffer zones around any such wilderness. The fact that nonwilderness activities or uses can be seen or heard within the Pilot Range Wilderness shall not, of itself, preclude such activities or uses up to the boundary of that wilderness. SEC. 5. WITHDRAWAL. Subject to valid existing rights, the Federal lands within the Pilot Range Wilderness are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws; and 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 thereto.

Designates specified Federal lands in Box Elder County, Utah, as wilderness (to be known as the Pilot Range Wilderness) and as components of the National Wilderness Preservation System.Requires any privately owned lands or interests within or abutting the Wilderness which are acquired by the United States to be added to and administered as part of such Wilderness. Authorizes such acquisition.Permits management activities to maintain or restore fish and wildlife populations and the habitats to support such populations to be carried out within the Wilderness.Directs the Secretary of the Air Force and the Secretary of the Interior to enter into a memorandum of understanding to establish the procedures and guidelines for the use of the Wilderness, including those for ensuring immediate access to respond to emergency situations (including the rescue of personnel and the recovery of military aircraft or other weapons systems), determining the control of public access when necessary for national security or public safety purposes, and providing for the installation of temporary communications, instrumentation, or other equipment necessary for testing and training to meet military requirements. Prohibits military operations in the Dugway Proving Ground and in the Utah Test and Training Range from being restricted pending the completion of such memorandum of understanding.Continues to permit livestock grazing, where established prior to enactment of this Act, within the Wilderness.Declares that lands that are within the Pilot Range not designated as wilderness by this Act are no longer subject to the plan amendment process initiated by the Secretary.Withdraws Federal lands within the Wilderness from: (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the U.S. mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing and mineral materials.

{"src": "billsum_train", "title": "To designate certain lands in the Pilot Range in the State of Utah as wilderness, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``America's Energy Security Trust Fund Act of 2007''. SEC. 2. TAX ON CARBON DIOXIDE CONTENT OF CERTAIN SUBSTANCES. (a) In General.--Chapter 38 of the Internal Revenue Code of 1986 (relating to environmental taxes) is amended by adding at the end thereof the following new subchapter: ``Subchapter E--Tax on Carbon Dioxide Content of Certain Substances ``Sec. 4691. Imposition of tax. ``Sec. 4692. Refunds or credits. ``Sec. 4693. Definitions and special rules. ``SEC. 4691. IMPOSITION OF TAX. ``(a) In General.--There is hereby imposed a tax on any taxable carbon substance sold by the manufacturer, producer, or importer thereof. ``(b) Amount of Tax.-- ``(1) In general.--The amount of tax imposed by subsection (a) on any taxable carbon substance shall be the applicable amount per ton of carbon dioxide content of such substance, as determined by the Secretary in consultation with the Secretary of Energy. ``(2) Fractional part of ton.--In the case of a fraction of a ton, the tax imposed by subsection (a) shall be the same fraction of the amount of such tax imposed on a whole ton. ``(3) Applicable amount.--For purposes of paragraph (1)-- ``(A) Calendar year 2008.--The applicable amount for calender year 2008 is $15. ``(B) Years after 2008.--For a calendar year after 2008, the applicable amount is the product of-- ``(i) the amount in effect under this paragraph for the preceding calendar year, ``(ii) 1.1, and ``(iii) 1 plus the cost of living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting `calendar year 2007' for `calendar year 1992' in subparagraph (B) thereof. ``(c) Substance Taxed Only Once.--No tax shall be imposed by subsection (a) with respect to a taxable carbon substance if the person who would be liable for such tax establishes that a prior tax imposed by such section has been imposed with respect to such product. ``SEC. 4692. REFUNDS OR CREDITS. ``(a) Sequestered Carbon.--Under regulations prescribed by the Secretary, if a person uses a taxable carbon substance as a feedstock so that the carbon associated with such substance will not be emitted, then an amount equal to the amount of tax in effect under section 4691(b) with respect to such substance for the calendar year in which such use begins shall be allowed as a credit or refund (without interest) to such person in the same manner as if it were an overpayment of tax imposed by section 4691. ``(b) Offset Projects.-- ``(1) In general.--Under regulations prescribed by the Secretary, if a person carries out a qualified offset project, then an amount equal to the amount of tax in effect under section 4691(b) with respect to such substance for the calendar year in which such project is completed shall be allowed as a credit or refund (without interest) to such person in the same manner as if it were an overpayment of tax imposed by section 4691. ``(2) Qualified offset project.--For purposes of paragraph (1), the term `qualified offset project' means a project carried out in the United States that-- ``(A) reduces greenhouse gas emissions, ``(B) sequesters a greenhouse gas, or ``(C) destroys hydrofluorocarbons. ``(3) Exception.--Such term does not include a project that involves enhanced oil recovery. ``(c) Previously Taxed Carbon Substances Used to Make Another Taxable Carbon Substance.--Under regulations prescribed by the Secretary, if-- ``(1) a tax under section 4691 was paid with respect to any taxable carbon substance, and ``(2) such substance was used by any person in the manufacture or production of any other substance which is a taxable carbon substance, then an amount equal to the tax so paid shall be allowed as a credit or refund (without interest) to such person in the same manner as if it were an overpayment of tax imposed by subsection (a). In any case to which this paragraph applies, the amount of any such credit or refund shall not exceed the amount of tax imposed by subsection (a) on the other taxable fuel manufactured or produced (or which would have been imposed by such subsection on such other fuel but for subsection (c)). ``(d) Exemption for Exports.-- ``(1) Tax-free sales.-- ``(A) In general.--No tax shall be imposed under subsection (a) on the sale by the manufacturer or producer of any taxable carbon substance for export or for resale by the purchaser to a second purchaser for export. ``(B) Proof of export required.--Rules similar to the rules of section 4221(b) shall apply for purposes of subparagraph (A). ``(2) Credit or refund where tax paid.-- ``(A) In general.--Except as provided in subparagraph (B), if-- ``(i) tax under subsection (a) was paid with respect to any taxable carbon substance, and ``(ii)(I) such substance was exported by any person, or ``(II) such substance was used as a material in the manufacture or production of a taxable carbon substance which was exported by any person and which, at the time of export, was a taxable carbon substance, credit or refund (without interest) of such tax shall be allowed or made to the person who paid such tax. ``(B) Condition to allowance.--No credit or refund shall be allowed or made under subparagraph (A) unless the person who paid the tax establishes that he-- ``(i) has repaid or agreed to repay the amount of the tax to the person who exported the taxable carbon substance, or ``(ii) has obtained the written consent of such exporter to the allowance of the credit or the making of the refund. ``(C) Refunds directly to exporter.--The Secretary shall provide, in regulations, the circumstances under which a credit or refund (without interest) of the tax under subsection (a) shall be allowed or made to the person who exported the taxable carbon substance, where-- ``(i) the person who paid the tax waives his claim to the amount of such credit or refund, and ``(ii) the person exporting the taxable carbon substance provides such information as the Secretary may require in such regulations. ``(3) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this subsection. ``SEC. 4693. DEFINITIONS AND SPECIAL RULES. ``(a) Definitions.--For purposes of this subchapter-- ``(1) Taxable carbon substance.--The term `taxable carbon substance' means-- ``(A) coal (including lignite and peat), ``(B) petroleum and any petroleum product (as defined in section 4612(a)(3)), and ``(C) natural gas, which is extracted, manufactured, or produced in the United States or entered into the United States for consumption, use, or warehousing. ``(2) United states.--The term `United States' has the meaning given such term by section 4612(a)(4). ``(3) Importer.--The term `importer' means the person entering the taxable carbon substance for consumption, use, or warehousing. ``(4) Ton.--The term `ton' means 2,000 pounds. In the case of any taxable carbon substance which is a gas, the term `ton' means the amount of such gas in cubic feet which is the equivalent of 2,000 pounds on a molecular weight basis. ``(b) Use Treated as Sale.--If any person manufactures, produces, or imports any taxable carbon substance and uses such substance, then such person shall be liable for tax under section 4691 in the same manner as if such substance were sold by such person. ``(c) Special Rules for Inventory Exchanges.-- ``(1) In general.--Except as provided in this paragraph, in any case in which a manufacturer, producer, or importer of a taxable carbon substance exchanges such substance as part of an inventory exchange with another person-- ``(A) such exchange shall not be treated as a sale, and ``(B) such other person shall, for purposes of section 4691, be treated as the manufacturer, producer, or importer of such substance. ``(2) Registration requirement.--Paragraph (1) shall not apply to any inventory exchange unless-- ``(A) both parties are registered with the Secretary as manufacturers, producers, or importers of taxable carbon substances, and ``(B) the person receiving the taxable carbon substance has, at such time as the Secretary may prescribe, notified the manufacturer, producer, or importer of such person's registration number and the internal revenue district in which such person is registered. ``(3) Inventory exchange.--For purposes of this subsection, the term `inventory exchange' means any exchange in which 2 persons exchange property which is, in the hands of each person, property described in section 1221(a)(1).''. (b) Establishment of America's Energy Security Trust Fund.-- Subchapter A of chapter 98 of such Code (relating to trust fund code) is amended by adding at the end the following: ``SEC. 9511. AMERICA'S ENERGY SECURITY TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as `America's Energy Security Trust Fund' (referred to in this section as the `Trust Fund'), consisting of such amounts as may be appropriated or credited to the Trust Fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There is hereby appropriated to the Trust Fund an amount equivalent to the increase in revenues received in the Treasury as the result of the tax imposed under section 4691. ``(c) Distribution of Amounts in Trust Fund.--Amounts in the Trust Fund equivalent to the taxes received in the Treasury under section 4691 for a calendar year shall be available without further appropriation, as follows: ``(1) First, the lesser of \1/6\ of such amount or $10,000,000,000 shall be available for a tax credit for research, development, or investment into clean energy technology. ``(2) Second, the affected industry transition assistance amount shall be available for transition assistance to industries negatively affected by this Act, as determined by the Secretary of the Treasury in consultation with the Secretary of Labor. ``(3) Third, the amount remaining after the application of paragraphs (1) and (2) shall be available for payroll tax relief under rebate paid under section 36. ``(d) Affected Industry Transition Assistance Amount.--For purposes of subsection (c)(2), the affected industry transition assistance amount is the amount determined as follows: ``(1) For calendar year 2008, \1/12\ of the amount in the Trust Fund equivalent to the taxes received in the Treasury under section 4691 for calendar year 2008, determined after the application of subsection (c)(1). ``(2) For calendar year 2009, \9/10\ of the amount made available under paragraph (1) for calendar year 2008. ``(3) For calendar year 2010, \4/5\ of the amount made available under paragraph (1) for calendar year 2008. ``(4) For calendar year 2011, \7/10\ of the amount made available under paragraph (1) for calendar year 2008. ``(5) For calendar year 2012, \3/5\ of the amount made available under paragraph (1) for calendar year 2008. ``(6) For calendar year 2013, \1/2\ of the amount made available under paragraph (1) for calendar year 2008. ``(7) For calendar year 2014, \2/5\ of the amount made available under paragraph (1) for calendar year 2008. ``(8) For calendar year 2015, \3/10\ of the amount made available under paragraph (1) for calendar year 2008. ``(9) For calendar year 2016, \1/5\ of the amount made available under paragraph (1) for calendar year 2008. ``(10) For calendar year 2017, \1/10\ of the amount made available under paragraph (1) for calendar year 2008. ``(11) For calendar years after 2017, zero.''. (c) Clerical Amendments.-- (1) The table of subchapters for chapter 38 of such Code is amended by adding at the end thereof the following new item: ``subchapter e. tax on carbon dioxide content of certain substances.''. (2) The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following: ``Sec. 9511. Taxable Carbon Substances Trust Fund.''. (d) Effective Date.--The amendments made by this section shall take effect on January 1, 2008. SEC. 3. CARBON TAX REBATE OF PAYROLL TAX. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and inserting after section 35 the following new section: ``SEC. 36. CARBON TAX REBATE OF PAYROLL TAX. ``(a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the carbon tax rebate. ``(b) Carbon Tax Rebate.-- ``(1) In general.--For purposes of this section, the term `carbon tax rebate' means with respect to a taxable year the individual's share of the amount determined by the Secretary on a per capita basis to be the amount available under section 9511(c)(3) for the calendar year in which or with which the taxable year begins. ``(2) Determination based on estimates.--The determination under paragraph (1) shall be made on the basis of estimates by the Secretary, and proper adjustments shall be made in amounts available under section 9511(c)(3) for the succeeding taxable year to the extent prior estimates were in excess of or less than the amounts actually available under such section for the prior taxable year. ``(c) Limitation Based on Payroll Taxes Paid and Social Security Benefits.-- ``(1) In general.--The amount allowed as a credit under subsection (a) with respect to any individual for a taxable year shall not exceed the greater of-- ``(A) the total amount of taxes paid with respect to such individual for such taxable year under section 1401 and chapters 21 and 22, determined after taking into account any refund under section 31(b) and 6413(c), or ``(B) 10 percent of the aggregate amount of social security benefits (within the meaning of section 86(d)) received by such individual for the taxable year. ``(2) Special rule for social security benefits received for less than 12 months.--For purposes of paragraph (1)(B), if Social Security benefits (as so defined) were not received for each month in the taxable year, such benefits shall be annualized by multiplying the Social Security benefits received by 12 and dividing the result by the number of months in such taxable year for which such benefits were received. ``(d) Denial of Credit to Dependents.--No credit shall be allowed under subsection (a) to an individual for such individual's taxable year if a deduction under section 151 with respect to such individual is allowed to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins.''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period ``, or from section 36 of such Code''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating section 36 as section 37 and inserting after section 35 the following new section: ``Sec. 36. Carbon tax rebate of payroll tax. ``Sec. 37. Overpayments of tax.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 4. STUDY OF TAXATION OF NON-CARBON GREENHOUSE GASES. (a) In General.--The Secretary of the Treasury, in consultation with the Secretary of Energy shall conduct a study of the best methods to assess and collect tax on non-carbon greenhouse gases similar to the tax imposed by section 4691 of the Internal Revenue Code of 1986 (as added by this Act). (b) Report.--Not later than 6 months after the date of the enactment of this Act, the Secretary of the Treasury shall submit to the Congress the findings of the report required under subsection (a) together with such legislative recommendations as the Secretary determine appropriate for the assessment and collection of such tax. SEC. 5. SENSE OF CONGRESS THAT OTHER NATIONS WILL JOIN WITH THE UNITED STATES IN REDUCING GREENHOUSE GAS EMISSIONS. It is the sense of Congress that the major greenhouse gas emitting countries join with the United States in reducing greenhouse gas emissions.

America's Energy Security Trust Fund Act of 2007 - Amends the Internal Revenue Code to impose an excise tax on any taxable carbon substance sold by a manufacturer, producer, or importer. Defines "taxable carbon substance" as: (1) coal (including lignite and peat); (2) petroleum and any petroleum products; and (3) natural gas that is extracted, manufactured, or produced in the United States, or entered into the United States for consumption, use, or warehousing. Establishes in the Treasury the America's Energy Security Trust Fund to finance research in clean energy technology, assist industries negatively affected by this Act, and provide carbon tax rebates to individual taxpayers. Allows individual taxpayers a tax credit equal to carbon tax rebate amounts calculated by the Secretary of the Treasury. Directs the Secretary of the Treasury to study and report to Congress on the best methods to assess and collect taxes on non-carbon greenhouse gases. Expresses the sense of Congress that the major greenhouse gas emitting countries should join with the United States in reducing greenhouse gas emissions.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to reduce carbon dioxide emissions in the United States domestic energy supply."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Limited English Proficiency and Integrated Workforce Training Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Workforce Investment Act of 1998 system is designed-- (A) to ensure universal access for individuals in need of employment and training systems; and (B) to equip workers with those skills that contribute to lifelong education. (2) The Workforce Investment Act of 1998 system is designed to recognize and reinforce the link between economic development and workforce development to meet the joint demands of employers and workers. (3) The Workforce Investment Act of 1998 system should address the ongoing shortage of essential skills in the United States workforce in sectors with economic growth to ensure the United States remains competitive in the global economy. (4) Immigrants accounted for over 50 percent of the growth in the civilian workforce between 1990 and 2001, and assuming today's levels of immigration remain constant, immigrants will account for half of the growth in the working age population between 2006 and 2015. (5) The growth of the United States workforce and the competitiveness of the United States economy is directly linked to immigrants, some of whom are limited English proficient. (6) The Workforce Investment Act of 1998 system may be significantly strengthened by funding the development of an employer centered integrated workforce training program for adults with limited English proficiency, taking into account the needs of the local and regional economy and the linguistic, social, and cultural characteristics of the individual. SEC. 3. INTEGRATED WORKFORCE TRAINING PROGRAMS FOR ADULTS WITH LIMITED ENGLISH PROFICIENCY. Section 171 of the Workforce Investment Act of 1998 (29 U.S.C. 2916) is amended by adding at the end the following: ``(e) Integrated Workforce Training Programs for Adults With Limited English Proficiency.-- ``(1) Definitions.--In this subsection: ``(A) Integrated workforce training.--The term `integrated workforce training' means training that integrates occupational skills training with language acquisition. ``(B) Secretary.--The term `Secretary' means the Secretary of Labor in consultation with the Secretary of Education. ``(2) Demonstration project.--In accordance with subsection (b), the Secretary shall establish and implement a national demonstration project designed to both analyze and provide data on workforce training programs that integrate English language acquisition and occupational training. ``(3) Grants.-- ``(A) In general.--In carrying out the demonstration project, the Secretary shall make not less than 10 grants, on a competitive basis, to eligible entities to provide the integrated workforce training programs. In awarding grants under this subsection the Secretary shall take into consideration awarding grants to eligible entities from diverse geographic areas, including rural areas. ``(B) Periods.--The Secretary shall make the grants for periods of not less than 24 months and not more than 48 months. ``(4) Eligible entities.-- ``(A) In general.--To be eligible to receive a grant under this subsection, an eligible entity shall work in conjunction with a local board and shall include as a principal participant one or more of the following: ``(i) An employer or employer association. ``(ii) A nonprofit provider of English language instruction. ``(iii) A provider of occupational or skills training. ``(iv) A community-based organization. ``(v) An educational institution, including a 2- or 4-year college, or a technical or vocational school. ``(vi) A labor organization. ``(vii) A local board. ``(B) Expertise.--To be eligible to receive a grant under this subsection, an eligible entity shall have proven expertise in-- ``(i) serving individuals with limited English proficiency, including individuals with lower levels of oral and written English; and ``(ii) providing workforce programs with training and English language instruction. ``(5) Applications.-- ``(A) In general.--To be eligible to receive a grant under this subsection, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(B) Contents.--Each application submitted under subparagraph (A) shall-- ``(i) contain information, including capability statements, that demonstrates that the eligible entity has the expertise described in paragraph (4)(B); and ``(ii) include an assurance that the program to be assisted shall-- ``(I) establish a generalized adult bilingual workforce training and education model that integrates English language acquisition and occupational training, and incorporates the unique linguistic and cultural factors of the participants; ``(II) establish a framework by which the employer, employee, and other relevant members of the eligible entity can create a career development and training plan that assists both the employer and the employee to meet their long-term needs; ``(III) ensure that this framework takes into consideration the knowledge, skills, and abilities of the employee with respect to both the current and economic conditions of the employer and future labor market conditions relevant to the local area; and ``(IV) establish identifiable measures so that the progress of the employee and employer and the relative efficacy of the program can be evaluated and best practices identified. ``(6) -Criteria.--The Secretary of Labor shall establish criteria for awarding grants under this subsection. ``(7) Integrated workforce training programs.-- ``(A) Program components.-- ``(i) Required components.--Each program that receives funding under this subsection shall-- ``(I) test an individual's English language proficiency levels to assess oral and literacy gains from the beginning and throughout program enrollment; ``(II) combine training specific to a particular occupation or occupational cluster, with-- ``(aa) English language instruction, such as instruction through English as a Second Language program, or English for Speakers of Other Languages; ``(bb) basic skills instruction; and ``(cc) supportive services; ``(III) effectively integrate public and private sector entities, including the local workforce investment system and its functions, to achieve the goals of the program; and ``(IV) require matching or in-kind resources from private and nonprofit entities. ``(ii) Permissible components.--The program may offer other services as necessary to promote successful participation and completion, including work-based learning, substance abuse treatment, and mental health services. ``(B) Goal.--Each program that receives funding under this subsection shall be designed to prepare limited English proficient adults for and place such adults in employment in growing industries with identifiable career ladder paths. ``(C) Program types.--In selecting programs to receive funding under this subsection, the Secretary shall select programs that meet 1 or more of the following criteria: ``(i) A program that-- ``(I) serves unemployed, limited English proficient individuals with significant work experience or substantial education but persistently low wages; and ``(II) aims to prepare such individuals for and place such individuals in higher paying employment, defined for purposes of this subparagraph as employment that provides at least 75 percent of the median wage in the local area. ``(ii) A program that-- ``(I) serves limited English proficient individuals with lower levels of oral and written fluency, who are working but at persistently low wages; and ``(II) aims to prepare such individuals for and place such individuals in higher paying employment, through services provided at the worksite, or at a location central to several worksites, during work hours. ``(iii) A program that-- ``(I) serves unemployed, limited English proficient individuals with lower levels of oral and written fluency, who have little or no work experience; and ``(II) aims to prepare such individuals for and place such individuals in employment through services that include subsidized employment, in addition to the components required in subparagraph (A)(i). ``(iv) A program that includes funds from private and nonprofit entities. ``(D) Program approaches.--In selecting programs to receive funding under this subsection, the Secretary shall select programs with different approaches to integrated workforce training, in different contexts, in order to obtain comparative data on multiple approaches to integrated workforce training and English language instruction, to ensure programs are tailored to characteristics of individuals with varying skill levels and to assess how different curricula work for limited English proficient populations. Such approaches may include-- ``(i) bilingual programs in which the workplace language component and the training are conducted in a combination of an individual's native language and English; ``(ii) integrated workforce training programs that combine basic skills, language instruction, and job specific skills training. ``(iii) sequential programs that provide a progression of skills, language, and training to ensure success upon an individual's completion of the program. ``(8) Evaluation by eligible entity.--Each eligible entity that receives a grant under this subsection for a program shall carry out a continuous program evaluation and an evaluation specific to the last phase of the program operations. ``(9) Evaluation by secretary.-- ``(A) In general.--The Secretary shall conduct an evaluation of program impacts of the programs funded under the demonstration project, with a random assignment, experimental design impact study done at each worksite at which such a program is carried out. ``(B) Data collection and analysis.--The Secretary shall collect and analyze the data from the demonstration project to determine program effectiveness, including gains in language proficiency, acquisition of skills, and job advancement for program participants. ``(C) Report.--The Secretary shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives, and make available to the public, a report on the demonstration project, including the results of the evaluation. ``(10) Technical assistance.--The Secretary shall provide technical assistance to recipients of grants under this subsection throughout the grant periods. ``(11) Authorization of appropriations.--In addition to amounts authorized to be appropriated under section 174(b), there are authorized to be appropriated for fiscal year 2004-- ``(A) $10,000,000 to make grants under paragraph (3); and ``(B) $1,000,000 to carry out paragraph (9).''.

Limited English Proficiency and Integrated Workforce Training Act - Amends the Workforce Investment Act of 1998 to direct the Secretary of Labor to establish and implement a national demonstration project to analyze and provide data on workforce training programs that integrate English language acquisition and occupational training. Requires the Secretary to award at least ten competitive grants to entities with expertise in serving individuals with limited English proficiency and in providing such integrated training programs. Requires such entities to work with a local board and to include as a principal participant at least one of the following: (1) an employer or employer organization; (2) a nonprofit provider of English instruction; (3) a provider of occupational or skills training; (4) a community-based organization; (5) an educational institution, including a two- or four-year college, or a technical or vocational school; (6) a labor organization; or (7) a local board.

{"src": "billsum_train", "title": "A bill to amend the Workforce Investment Act of 1998 to provide for integrated workforce training programs for adults with limited English proficiency, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Insurance Access Amendments of 1997''. SEC. 2. PHASE-DOWN OF APPLICATION OF PREEXISTING CONDITION EXCLUSIONS IN GROUP MARKET. Section 9801 of the Internal Revenue Code of 1986, section 701 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181), and section 2701 of the Public Health Service Act (42 U.S.C. 300g) are each amended as follows: (1) Effective with respect to group health plans for plan years beginning on or after January 1, 2000, in subsection (a), strike ``not more than 12 months (or 18 months in the case of a late enrollee) after the enrollment date'' and insert ``not more than 6 months after the enrollment date''. (2) Effective with respect to group health plans for plan years beginning on or after January 1, 2001, in subsection (a) (as amended by paragraph (1)), strike ``not more than 6 months after the enrollment date'' and insert ``not more than 3 months after the enrollment date''. (3) Effective with respect to group health plans for plan years beginning on or after January 1, 2002, in subsection (a) (as amended by paragraph (1)), strike ``3 months'' and insert ``one month''. SEC. 3. EXTENDING AVAILABILITY OF COVERAGE IN INDIVIDUAL MARKET WITHOUT APPLICATION OF PREEXISTING CONDITION EXCLUSIONS. (a) Phase-Down in Eligibility Restrictions.--Section 2741(b)(1)(A) of the Public Health Service Act (42 U.S.C. 300g-41(b)(1)(A)) is amended as follows: (1) Effective with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after January 1, 2000, strike ``18 or more months'' and insert ``12 or more months''. (2) Effective with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after January 1, 2001, strike ``12 or more months'' (as inserted by paragraph (1)) and insert ``6 or more months''. (3) Effective with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after January 1, 2002, strike ``6 or more months'' (as inserted by paragraph (2)) and insert ``one month''. SEC. 4. EXPANSION OF GUARANTEED ISSUE PROTECTIONS TO LARGE GROUP MARKET. (a) In General.--Section 2711 of the Public Health Service Act (42 U.S.C. 300g-11) is amended-- (1) by striking ``Small Group'', ``small group'', and ``small group'' each place it appears and inserting ``Relevant Group'', ``relevant group'', and ``relevant group'', respectively; (2) in paragraph (1)(A), by striking ``small employer (as defined in section 2791(e)(4)'' and inserting ``relevant employer (as defined in subsection (b)(2))''; (3) by striking ``small employer'' and ``small employers'' each other place it appears and inserting ``relevant employer'' and ``relevant employers'', respectively; and (4) by striking subsection (b) and inserting the following: ``(b) Relevant Employer and Group Defined.--For purposes of this subpart: ``(1) Relevant employer.--The term `relevant employer' means-- ``(A) for periods before January 1, 2000, a small employer (as defined in section 2791(e)(4)), ``(B) for the period beginning on January 1, 2000, and ending December 31, 2001, an employer that would be a small employer if `100' were substituted for `50' in section 2791(e)(4), and ``(C) for the period beginning on January 1, 2002, any employer. ``(2) Relevant group market.--The term `relevant group market' means-- ``(A) for periods before January 1, 2000, the small group market, ``(B) for the period beginning on January 1, 2000, and ending December 31, 2001, the small group market and the market that would be included in the small group market if `100' were substituted for `50' in section 2791(e)(4), and ``(C) for the period beginning on January 1, 2002, the small and large group market.''. (b) Application of Information Disclosure to Relevant Group Market.--Section 2713 of such Act (42 U.S.C. 300gg-13) is amended-- (1) in subsection (a), by striking ``small employer'' the first place it appears and inserting ``relevant employer (as defined in section 2711(b)(1))'', and (2) by striking ``small employer'' and ``small employers'' each succeeding place it appears and inserting ``relevant employer'' and ``relevant employers'', respectively. (c) Conforming Changes in Guaranteed Renewability Requirements.-- Section 2712 of such Act (42 U.S.C. 300gg-12) is amended-- (1) effective January 1, 2000, by adding at the end the following new subsection: ``(f) Transition.--For purposes of applying this section during the period beginning January 1, 2000, and ending December 31, 2001, any reference in paragraphs (2) and (4) of section 2791(e) to `51 employees' and to `50 employees', respectively, is deemed a reference to `101 employees' and to `100 employees', respectively.''; and (2) effective January 1, 2002-- (A) in subsection (b), in the matter before paragraph (1), by striking ``small or large'', (B) in subsection (b)(5), by striking ``, in the case of the small group market,'', (C) in subsection (b)(6), by striking ``in the small or large group market (as the case may be)'' and inserting ``in the group market'', (D) in subsection (c)(1), by striking ``small or large'', (E) in subsection (c)(1)(B), by striking ``(or, in the case of the large group market, any)'', (F) in subsection (c)(2)(A), by striking ``in the small group market or the large group market, or both markets,'' and inserting ``in the group market'', (G) in subsection (c)(2)(A)(ii), by striking ``(or markets)'' each place it appears, (H) in subsection (d), by striking ``offered to a group health plan'' and all that follows through ``in such market'' and inserting ``offered to a group health plan in the group market'', and (J) in subsection (e), by striking ``small or large''.

Health Insurance Access Amendments of 1997 - Amends the Internal Revenue Code, the Employee Retirement Income Security Act of 1974 and the Public Health Service Act (PHSA) to decrease, in three steps over two years, the period during which a group health plan (and a health insurer offering group coverage) may impose a preexisting condition exclusion. (Sec. 3) Amends PHSA provisions relating to guaranteed availability of individual coverage to individuals with prior group coverage to decrease, in three steps over two years, the required aggregate of periods of creditable coverage. (Sec. 4) Amends provisions relating to guaranteed availability of coverage for employers in the group market to: (1) increase, over two years, the applicability of provisions relating to the small group market and small employers (currently defined as having two to 50 employees) first to include employers with up to 100 employees, then to all employers; and (2) remove provisions relating to assuring access in the large group market. Expands the applicability of provisions relating to disclosure of information by insurers to employers, first including employers with up to 100 employees, then including all employers.

{"src": "billsum_train", "title": "Health Insurance Access Amendments of 1997"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Plain Writing Act of 2010''. SEC. 2. PURPOSE. The purpose of this Act is to improve the effectiveness and accountability of Federal agencies to the public by promoting clear Government communication that the public can understand and use. SEC. 3. DEFINITIONS. In this Act: (1) Agency.--The term ``agency'' means an Executive agency, as defined under section 105 of title 5, United States Code. (2) Covered document.--The term ``covered document''-- (A) means any document that-- (i) is necessary for obtaining any Federal Government benefit or service or filing taxes; (ii) provides information about any Federal Government benefit or service; or (iii) explains to the public how to comply with a requirement the Federal Government administers or enforces; (B) includes (whether in paper or electronic form) a letter, publication, form, notice, or instruction; and (C) does not include a regulation. (3) Plain writing.--The term ``plain writing'' means writing that is clear, concise, well-organized, and follows other best practices appropriate to the subject or field and intended audience. SEC. 4. RESPONSIBILITIES OF FEDERAL AGENCIES. (a) Preparation for Implementation of Plain Writing Requirements.-- (1) In general.--Not later than 9 months after the date of enactment of this Act, the head of each agency shall-- (A) designate 1 or more senior officials within the agency to oversee the agency implementation of this Act; (B) communicate the requirements of this Act to the employees of the agency; (C) train employees of the agency in plain writing; (D) establish a process for overseeing the ongoing compliance of the agency with the requirements of this Act; (E) create and maintain a plain writing section of the agency's website as required under paragraph (2) that is accessible from the homepage of the agency's website; and (F) designate 1 or more agency points-of-contact to receive and respond to public input on-- (i) agency implementation of this Act; and (ii) the agency reports required under section 5. (2) Website.--The plain writing section described under paragraph (1)(E) shall-- (A) inform the public of agency compliance with the requirements of this Act; and (B) provide a mechanism for the agency to receive and respond to public input on-- (i) agency implementation of this Act; and (ii) the agency reports required under section 5. (b) Requirement to Use Plain Writing in New Documents.--Beginning not later than 1 year after the date of enactment of this Act, each agency shall use plain writing in every covered document of the agency that the agency issues or substantially revises. (c) Guidance.-- (1) In general.--Not later than 6 months after the date of enactment of this Act, the Director of the Office of Management and Budget shall develop and issue guidance on implementing the requirements of this section. The Director may designate a lead agency, and may use interagency working groups to assist in developing and issuing the guidance. (2) Interim guidance.--Before the issuance of guidance under paragraph (1), agencies may follow the guidance of-- (A) the writing guidelines developed by the Plain Language Action and Information Network; or (B) guidance provided by the head of the agency that is consistent with the guidelines referred to in subparagraph (A). SEC. 5. REPORTS TO CONGRESS. (a) Initial Report.--Not later than 9 months after the date of enactment of this Act, the head of each agency shall publish on the plain writing section of the agency's website a report that describes the agency plan for compliance with the requirements of this Act. (b) Annual Compliance Report.--Not later than 18 months after the date of enactment of this Act, and annually thereafter, the head of each agency shall publish on the plain writing section of the agency's website a report on agency compliance with the requirements of this Act. SEC. 6. JUDICIAL REVIEW AND ENFORCEABILITY. (a) Judicial Review.--There shall be no judicial review of compliance or noncompliance with any provision of this Act. (b) Enforceability.--No provision of this Act shall be construed to create any right or benefit, substantive or procedural, enforceable by any administrative or judicial action. SEC. 7. BUDGETARY EFFECTS OF PAYGO LEGISLATION FOR THIS ACT. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Plain Writing Act of 2010 - Requires the head of each executive agency to: (1) designate one or more senior officials within the agency to oversee the agency's implementation of this Act; (2) communicate this Act's requirements to the agency's employees; (3) train agency employees in "plain writing" (defined as writing that is clear, concise, well-organized, and follows other best practices appropriate to the subject or field and intended audience); (4) establish a process for overseeing the agency's ongoing compliance with this Act's requirements; (5) create and maintain a plain writing section of the agency's website that shall inform the public of agency compliance with the requirements of this Act, provide a mechanism for the agency to receive and respond to public input on agency implementation and agency reports required under this Act, and be accessible from its homepage; and (6) designate one or more agency points-of-contact to receive and respond to public input on the implementation of this Act. Requires each agency, by one year after enactment, to use plain writing in every covered document of the agency that the agency issues or substantially revises. Defines "covered document" to: (1) mean any document that is necessary for obtaining any federal benefit or service or filing taxes, that provides information about any federal benefit or service, or that explains to the public how to comply with a requirement the federal government administers or enforces; (2) include (whether in paper or electronic form) a letter, publication, form, notice, or instruction; and (3) exclude a regulation. Requires the Director of the Office of Management and Budget (OMB), by six months after enactment, to develop and issue guidance on implementing the requirements of this Act. Authorizes the Director to designate a lead agency and to use interagency working groups to assist in developing and issuing the guidance. Sets forth provisions regarding: (1) an interim guidance; (2) initial and annual compliance reports; and (3) judicial review and enforceability. Requires the budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, to be determined by reference to the latest statement titled "Budgetary Effects of PAYGO Legislation" for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

{"src": "billsum_train", "title": "To enhance citizen access to Government information and services by establishing that Government documents issued to the public must be written clearly, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Consumer Relief Act of 2005''. SEC. 2. FINDINGS. The Congress finds the following: (1) During 2005, the price of crude oil reached a record $70 a barrel, the price of gas at the pump reached a record price of $3 per gallon, and the price of natural gas reached a record of $14.75 per million BTUs on October 5, 2005. (2) Record highs in oil and natural gas prices have resulted in record profits for oil and natural gas producers and refiners. In October 2005, the five largest oil companies reported a total of $32.7 billion in the third quarter profits, a record increase of 52 percent over last year. Exxon Mobil recorded $9.9 billion, a 75 percent increase in profits; ChevronTexaco recorded $3.6 billion, a 13 percent increase in profits; Conoco Phillips recorded $3.8 billion, an 89 percent increase in profits; BP recorded $6.5 billion, a 34 percent increase in profits; and Royal Dutch Shell recorded $9.03 billion, a 68 percent increase in profits. Over the first three quarters of the year, the top five oil companies recorded a combined total of $81 billion in profits. (3) Higher oil company profits have been accompanied by a dramatic increase in pay and compensation for the senior executives at major oil companies. The total 2004 direct compensation for the top five oil and gas company executives, as reported in a Wall Street Journal survey, averaged $16.5 million, double the prior year. (4) The CEO's of the top five oil companies stated at a November 9, 2005, joint hearing of the Senate Energy and Natural Resource Committee and the Senate Environment and Public Works Committee that their respective companies did not need the Federal tax incentives provided in the Energy Policy Act of 2005. (5) The effective tax rates of the top five oil companies averaged 13.3 percent over the three-year period 2001-2003, well below the 35 percent rate, and in contrast to those in the health care industry, the financial industry, the pharmaceutical industry, the computer industry and the chemical industry. (6) Oil prices are projected to remain high for the foreseeable future, translating into continued high oil company profits. According to the Administrator of the Energy Information Administration, the Administration's 2006 Annual Energy Outlook will forecast an oil price in 2025 that is nearly $20 a barrel higher than the 2005 Outlook. (7) The Federal budget deficit this year was $319 billion, the third largest in history, and the national debt is currently above $8 trillion. (8) In light of the size of the Federal budget deficit and the national debt, the record price of oil and natural gas, and the historic profits earned by oil and natural gas producers, there is no justification for granting such companies special tax breaks and exemptions from paying royalties for drilling for oil and natural gas on public lands, as was authorized in the Energy Policy Act of 2005. (9) Home heating costs are expected to jump dramatically this winter, even after consumers have paid hundred of dollars more this year in gasoline costs. This is squeezing the pocketbooks of millions of hard-working families. Americans who heat their homes with natural gas could see their fuel costs increase as much as 50 percent in some parts of the country. On average, the more than half of all American households heating with natural gas are expected to spend 38 percent more this winter on fuel. Households heating with heating oil can expect to pay 21 percent more this winter. The National Energy Assistance Directors' Association reports that the average family using heating oil will pay nearly three times the amount families paid in 2001 to 2002. SEC. 3. REPEAL OF CERTAIN TAX SUBSIDIES FOR THE OIL AND GAS INDUSTRY. (a) Repeal of Election to Expense Certain Refineries.-- (1) In general.--Subparagraph (B) of section 179C(c)(1) of such Code (relating to qualified refinery property) is amended by striking ``January 1, 2012'' and inserting ``the date of the enactment of the Energy Consumer Relief Act of 2005''. (2) Effective date.--The amendment made by paragraph (1) shall apply to property placed in service after the date of the enactment of this Act. (b) Repeal of Treatment of Natural Gas Distribution Lines as 15- Year Property.-- (1) In general.--Clause (viii) of section 168(e)(3)(E) of such Code (relating to 15-year property) is amended by striking ``January 1, 2011'' and inserting ``the Energy Consumer Relief Act of 2005''. (2) Effective date.--The amendment made by paragraph (1) shall apply to property placed in service after the date of the enactment of this Act. (c) Repeal of Treatment of Natural Gas Gathering Lines as 7-Year Property.-- (1) In general.--Clause (iv) of section 168(e)(3)(C) of such Code (relating to 7-year property) is amended by inserting ``and which is placed in service before the date of the enactment of the Energy Consumer Relief Act of 2005'' after ``April 11, 2005,''. (2) Effective date.--The amendment made by paragraph (1) shall apply to property placed in service after the date of the enactment of this Act. (d) Repeal of New Rule for Determining Small Refiner Exception to Oil Depletion Deduction.-- (1) In general.--Paragraph (4) of section 613A(d) of such Code (relating to certain refiners excluded) is amended to read as follows: ``(4) Certain refiners excluded.--If the taxpayer or a related person engages in the refining of crude oil, subsection (c) shall not apply to such taxpayer if on any day during the taxable year the refinery runs of the taxpayer and such person exceed 50,000 barrels.''. (2) Effective date.--The amendment made by paragraph (1) shall apply to taxable years beginning after the date of the enactment of this Act. (e) Repeal of Amortization of Geological and Geophysical Expenditures.-- (1) In general.--Section 167 of such Code (relating to depreciation) is amended by striking subsection (h). (2) Conforming amendment.--Section 263A(c)(3) of such Code is amended by striking ``167(h),''. (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. 4. REPEAL OF CERTAIN OTHER PROVISIONS PROVIDING INCENTIVES FOR THE OIL AND GAS INDUSTRY. The following provisions of the Energy Policy Act of 2005 (Public Law 109-58) are repealed: (1) Section 343 (relating to marginal property production incentives). (2) Section 344 (relating to incentives for natural gas production from deep wells in the shallow waters of the Gulf of Mexico). (3) Section 345 (relating to royalty relief for deep water production). (4) Section 346 (relating to Alaska offshore royalty suspension). (5) Section 347 (relating to oil and gas leasing in the National Petroleum Reserve in Alaska). (6) Section 351 (relating to preservation of geological and geophysical data). (7) Section 357 (relating to a comprehensive inventory of OCS oil and natural gas resources). (8) Section 362 (relating to management of Federal oil and gas leasing programs). (9) Section 965 (relating to oil and gas research programs). (10) Section 966 (relating to low-volume oil and gas reservoir research program). (11) Subtitle J of title IX (relating to ultra-deepwater and unconventional natural gas and other petroleum resources). SEC. 5. REQUIREMENT TO SUSPEND ROYALTY RELIEF. (a) Requirement to Suspend.--The President shall suspend the application of any provision of Federal law under which any person is given relief from any requirement to pay royalty for production oil or natural gas from Federal lands (including submerge lands), for production occurring in any period with respect to which-- (1) in the case of production of oil, the average price of crude oil in the United States over the most recent 4 consecutive weeks is greater than $40 per barrel, or such lesser amount as applies for such purpose under the lease under which such production occurs; and (2) in the case of production of natural gas, the average wellhead price of natural gas in the United States over the most recent 4 consecutive weeks is greater than $5 per thousand cubic feet, or such lesser amount as applies for such purpose under the lease under which such production occurs. (b) Determination of Market Price.--The President shall determine average prices for purposes of subsection (a) based on the most recent data reported by the Energy Information Administration of the Department of Energy. SEC. 6. EXPENDITURE OF ADDITIONAL REVENUE. Amounts equivalent to the increased revenues received in the Treasury as the result of the enactment of this Act (reduced by decreases in such revenues as the result of sections 7 and 8), up to a total of $2,000,000,000 for each of fiscal years 2006 and 2007, shall be directly available to the Secretary of Health and Human Services for obligation and expenditure for allotment under section 2604(e) of the Low Income Home Energy Assistance Act of 1981. In making allotments of funds made available under this section, the Secretary shall give due regard to the most recent estimates available from the Department of Energy regarding anticipated energy prices during the heating and cooling seasons for which funds are being provided, and to the probable effect of those prices on the heating and cooling expenses of low- income households. SEC. 7. REFUNDABLE TAX CREDIT FOR ENERGY COST ASSISTANCE OF FARMERS AND RANCHERS. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: ``SEC. 36. CREDIT FOR ENERGY COST ASSISTANCE FOR FARMERS AND RANCHERS. ``(a) General Rule.--In the case of an eligible taxpayer, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the lesser of-- ``(1) 20 percent of the amount paid or incurred for qualified energy costs, or ``(2) $1,500. ``(b) Eligible Taxpayer.--For purposes of this section, the term `eligible taxpayer' means any individual engaged in a farming business (as defined in section 263A(e)(4)). ``(c) Qualified Energy Costs.--For purposes of this section, the term `qualified energy costs' means the cost of any fuel, energy utility, natural gas, propane gas, LP gas, fertilizer, and heating oil used in the farming business of the taxpayer during the taxable year. ``(d) Termination.--This section shall not apply to qualified energy costs paid or incurred after December 31, 2005.''. (b) No Double Benefit.--Section 280C of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(e) Energy Assistance for Farmers and Ranchers.--No deduction shall be allowed for that portion of the expenses otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined under section 36(a).''. (c) Refundability.--Section 1324(b)(2) of title 31, United States Code, is amended by striking ``or'' before ``enacted'' and by inserting before the period at the end ``, or from section 36 of such Code''. (d) Clerical Amendments.--The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 35 and by adding at the end the following new items: ``Sec. 36. Credit for energy cost assistance for farmers and ranchers. ``Sec. 37. Overpayments of tax.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2004. SEC. 8. SMALL BUSINESS ENERGY EMERGENCY GRANT PROGRAM. (a) Small Business Energy Emergency Grants.--The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) by redesignating section 37 as section 38; and (2) by inserting after section 36 the following new section 37: ``SEC. 37. ENERGY EMERGENCY GRANT PROGRAM. ``(a) Establishment.--The Administrator shall establish and carry out an Energy Emergency Grant Program through which the Administrator may make a grant to a small business concern that the Administrator determines has suffered or is likely to suffer substantial economic injury as a result of a significant increase in the price of heating oil, natural gas, gasoline, transportation fuel, propane, or kerosene. ``(b) Amount of Grant.-- ``(1) Limitation.--No grant under this section may exceed $1,500. ``(2) Exception.--The Administrator may waive the limitation under paragraph (1) for a small business concern if the Administrator determines that the small business concern constitutes a major source of employment in its surrounding area. ``(c) Definitions.--In this section: ``(1) The term `significant increase' means-- ``(A) with respect to the price of heating oil, natural gas, gasoline, transportation fuel, or propane, an increase of the current price index over the base price index by not less than 30 percent; and ``(B) with respect to the price of kerosene, any increase which the Administrator, in consultation with the Secretary of Energy, determines to be significant. ``(2) The term `current price index' means the moving average of the closing unit price on the New York Mercantile Exchange, for the 10 most recent trading days, for contracts to purchase heating oil, natural gas, gasoline, transportation fuel, or propane during the subsequent calendar month, commonly known as the `front month'. ``(3) The term `base price index' means the moving average of the closing unit price on the New York Mercantile Exchange for heating oil, natural gas, gasoline, transportation fuel, or propane for the 10 days, in each of the most recent 2 preceding years, which correspond to the trading days described in paragraph (2).''. (b) Effective Date.--Section 36 of the Small Business Act, as added by subsection (a), shall apply with respect to economic injury suffered on or after the date of the enactment of this Act.

Energy Consumer Relief Act of 2005 - Amends the Energy Policy Act of 2005 to repeal oil and gas tax subsidies including: (1) the election to expense certain refineries; (2) treatment of natural gas distribution lines as 15-year property; (3) treatment of natural gas gathering lines as 7-year property; (4) the new rule for determining small refiner exception to oil depletion deduction; and (5) amortization of geological and geophysical expenditures. Repeals certain oil and gas production incentives, including those with respect to: (1) royalty relief for deep water production; (2) the Alaska offshore royalty suspension; (3) oil and gas leasing in the National Petroleum Reserve in Alaska; (4) management of federal oil and gas leasing programs; (5) oil and gas research programs); and (6) ultra-deepwater and unconventional natural gas and other petroleum resources. Instructs the President to suspend royalty relief for production of crude oil or natural gas from federal lands during periods in which the average price has risen over specified amounts. Requires that specified increased revenues received in the Treasury as the result of the enactment of this Act be made directly available to the Secretary of Health and Human Services for obligation and expenditure under the Low Income Home Energy Assistance Act of 1981. Amends the Internal Revenue Code to provide a refundable tax credit for energy cost assistance for farmers and ranchers. Amends the Small Business Act to direct the Administrator of the Small Business Administration to establish an Energy Emergency Grant Program to make grants to small business concerns that have suffered substantial economic injury as a result of a significant increase in the price of heating oil, natural gas, gasoline, transportation fuel, propane, or kerosene.

{"src": "billsum_train", "title": "To repeal provisions of the Energy Policy Act of 2005, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Radiological Materials Security Act''. SEC. 2. FINDING AND PURPOSES. (a) Finding.--The Congress finds that radiological materials used in medical, industrial, academic, and other facilities must be secured to prevent theft for possible use in a radiological dispersion device by terrorists. (b) Purposes.--The purposes of this Act are to support and extend the current cooperative efforts of the Department of Homeland Security, the Nuclear Regulatory Commission, and the Department of Energy to secure radiological source materials against access by terrorists, by establishing, in statute, requirements and authority for a security system for domestic sources of radiological materials that could be used to make a radiological dispersion device, implemented by the Department of Homeland Security, the Nuclear Regulatory Commission, State and local law enforcement and public health authorities, and facilities possessing radiological materials with the support of the Department of Energy. SEC. 3. RESPONSIBILITIES OF THE SECRETARY OF HOMELAND SECURITY. (a) In General.--Title XIX of the Homeland Security Act of 2002 (6 U.S.C. 592 et seq.) is amended by adding at the end the following: ``SEC. 1908. RADIOLOGICAL MATERIALS SECURITY. ``(a) Terrorism Risk Assessment.-- ``(1) In general.--Not later than 180 days after the date of enactment of the Radiological Materials Security Act, the Secretary shall enhance domestic preparedness for and collective response to terrorism by conducting a risk assessment regarding the threat, vulnerability, and consequences of theft or other procurement of radiological materials that could be used by a terrorist in a radiological dispersion device, including any specific threat information pertinent to the use of radiological materials in a possible terrorist attack using a radiological dispersion device. ``(2) Considerations.--In conducting the terrorism risk assessment the Secretary shall-- ``(A) consult with the Secretary of Energy and the Nuclear Regulatory Commission; ``(B) consider relevant studies previously prepared by other Federal agencies, or other reputable sources; ``(C) focus on those radiological materials that constitute the greatest risk, and designate those materials as high-risk radiological materials for purposes of this section; ``(D) consider the potential radiological dispersion device value of different radiological materials including availability, dispersability, and ease of handling of such materials; ``(E) consider the vulnerability for theft or other procurement that different facilities represent; and ``(F) consider the consequences of a successful radiological dispersion device attack, including risk of death or injury and economic losses. ``(3) Consultation.--In conducting the terrorism risk assessment, the Secretary shall consult with the intelligence community, the Secretary of Energy and the Field Intelligence Elements of the National Laboratories, and the Nuclear Regulatory Commission, the Secretary of Defense, and other appropriate experts to integrate and analyze information needed to develop the risk assessment. ``(4) Dissemination of findings.--The Secretary shall disseminate the findings of the risk assessment and any specific risk information developed in the assessment to all participants in the radiological sources security system described in the Radiological Materials Security Act including the Nuclear Regulatory Commission, the Secretary of Energy, State and local agencies, and the facilities containing radiological source material and regulated by the Nuclear Regulatory Commission. ``(5) Classification.--The Secretary-- ``(A) shall develop a classification system for information regarding radiological materials and shall classify the terrorism risk assessment at the appropriate level under such system; and ``(B) shall share the terrorism risk assessment with all participants with appropriate clearances. The Secretary shall also make available an unclassified version to all participants in the radiological sources security system described in the Radiological Materials Security Act. ``(b) Terrorism Risk Self-Assessment Tool.-- ``(1) In general.--The Secretary shall develop a terrorism risk self-assessment tool for facilities to ascertain the risk posed to a facility due to its possession, transport, sale, or use of material that is designated in the terrorism risk assessment under subsection (a) as a high-risk radiological material. ``(2) Distribution and use.--The Secretary shall provide the terrorism risk self-assessment tool to the Nuclear Regulatory Commission, which shall provide it to facilities included in the radiological sources security system described in the Radiological Materials Security Act. ``(c) Security Practices.-- ``(1) In general.--The Secretary shall issue recommended practices for securing high-risk radiological materials based on best practices utilized in securing radioactive sources in the United States and abroad. ``(2) Risk tiers.--The recommended security practices shall be tiered based on-- ``(A) the type of radiological material secured; ``(B) the quantity of radiological material secured; ``(C) the use of and ease of access to the radiological material at the facility; ``(D) the type of facility; and ``(E) the risk that the radiological material secured poses if used in an radiological dispersion device. ``(3) Included practices.--The recommended security practices shall include practices for-- ``(A) facility access; ``(B) physical security of radiological material sources; ``(C) use of less dangerous sources of radiological material; and ``(D) licensing and tracking procedures for radiological materials. ``(d) Security Upgrade Funding.--The Secretary, subject to the availability of appropriations, shall make available infrastructure protection grants for domestic preparedness and collective response to terrorism to owners and operators of facilities for which the Nuclear Regulatory Commission or an Agreement State has approved a facility security plan under section 4(f) of the Radiological Materials Security Act to help cover the cost of the site security plan development and implementation. ``(e) Definitions.--In this section: ``(1) Agreement state.--The term `Agreement State' means a State that has signed an agreement with the Nuclear Regulatory Commission pursuant to section 274b. of the Atomic Energy Act of 1954 (42 U.S.C. 2021(b)). ``(2) High risk radiological material.--The term `high-risk radiological material' means radiological material that is designated by the Secretary under subsection (a)(2). ``(3) Participating facility.--The term `participating facility' means a private or publicly owned facility that contains radiological material and is licensed by the Nuclear Regulatory Commission or an Agreement State. ``(f) Authorization of Appropriations.--To carry out this section there is authorized to be appropriated to the Secretary $20,000,000, of which $10,000,000 shall be for fiscal year 2010 for grants under subsection (e).''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to title XIX the following: ``Sec. 1908. Radiological materials security.''. SEC. 4. RESPONSIBILITIES OF THE NUCLEAR REGULATORY COMMISSION. (a) Regulations.--Not later than two years after the date of enactment of this Act the Nuclear Regulatory Commission shall update, and as necessary promulgate, and enforce regulations for security of radiological materials against the threat of terrorism at facilities containing radiological materials, and maintain and update a nuclear materials events database. Such regulations shall include the security practices developed by the Secretary of Homeland Security pursuant to section 1908 of the Homeland Security Act of 2002, as added by section 3 of this Act. The regulations shall be tiered so that required security practices of facilities are commensurate with the risk that the materials pose. The Nuclear Regulatory Commission shall determine which risk tier a facility is placed in with the aid of the risk self- assessment tool described in section 1908(b) of such Act and the recommended tiers described in paragraph (2) of that subsection. (b) Site Inspections.--The Nuclear Regulatory Commission, or an Agreement State, shall conduct inspections of facilities covered under the regulations promulgated under subsection (a), the frequency and thoroughness of which shall be determined by the Nuclear Regulatory Commission commensurate with the facility's risk tier. (c) Penalties.--The regulations promulgated under subsection (a) shall include appropriate administrative, civil, and criminal penalties, including revocation of the facility's license issued by the Nuclear Regulatory Commission or an Agreement State. (d) Nuclear Materials Events Database.--The Nuclear Regulatory Commission shall maintain and update a database to track regulated radiological materials and orphaned, lost, or stolen radiological materials, and require that Nuclear Regulatory Commission licensees and Agreement State licensees report to the Nuclear Regulatory Commission the amounts of such radiological material every 6 months, and promptly report orphaned, lost, or stolen sources. The Nuclear Regulatory Commission shall grant access to the Nuclear Materials Events Database to the Secretary. (e) Terrorism Risk Self-Assessment Tool.--The Nuclear Regulatory Commission or Agreement States, as appropriate, shall provide to participating facilities the risk self-assessment tool provided to the Nuclear Regulatory Commission by the Secretary pursuant to section 1908(b) of the Homeland Security Act of 2002, as added by section 3 of this Act. The Nuclear Regulatory Commission and Agreement States shall require all participating facilities to use the risk self-assessment tool to conduct a risk self-assessment and provide the results to the Nuclear Regulatory Commission or an Agreement State, as appropriate, within 30 days of receipt of the risk self-assessment tool. The Nuclear Regulatory Commission shall use these results to tier facilities pursuant to subsection (a). The Nuclear Regulatory Commission shall make available to the Secretary the results of the risk self- assessments. (f) Facility Security Plans.-- (1) In general.--The Nuclear Regulatory Commission shall issue regulations that require the owner or operator of a facility containing high-risk radiological material to create, submit to the Nuclear Regulatory Commission and Agreement States, as appropriate, and implement a facility security plan to address the vulnerabilities determined by the facility's risk assessment and any other requirements determined by the Nuclear Regulatory Commission. The Nuclear Regulatory Commission and Agreement States, as appropriate, shall require a facility security plan to be submitted by a participating facility to the Nuclear Regulatory Commission and an Agreement State within 90 days after submission of the risk self- assessment pursuant to subsection (e). (2) Contents.--The regulations shall require that a facility security plan shall describe-- (A) policies, procedures, personnel, and equipment necessary to implement the plan; and (B) the cost of implementation of the plan. (3) Review of security plans.--The Nuclear Regulatory Commission or an Agreement State, as appropriate, shall review the facility security plan submitted under this subsection for each facility to ensure the plan meets the requirements of the facility's risk tier. (4) Approval and enforcement.--The Nuclear Regulatory Commission or an Agreement State, as appropriate, must approve or disapprove a facility security plan within 90 days of receipt from the facility. If the facility security plan is not approved, the Nuclear Regulatory Commission or Agreement State, as appropriate, shall clearly explain the shortcomings and allow the participating facility 30 days to correct the facility security plan. If after 30 days the facility fails to provide to the Nuclear Regulatory Commission or Agreement State, as appropriate, an approvable plan, the Nuclear Regulatory Commission or Agreement State, as appropriate, shall apply appropriate penalties to the facility as described in subsection (c). (5) Site visits.--The Nuclear Regulatory Commission or an Agreement State, as appropriate, shall conduct visits to participating facilities to provide expert guidance on design and implementation of the facility security plan. (g) Authorization of Appropriations.--There are authorized to be appropriated to the Nuclear Regulatory Commission for carrying out this section $10,000,000 for fiscal year 2010. The Nuclear Regulatory Commission is authorized to transfer a portion of those funds to Agreement States in order to carry out the requirements of this Act. SEC. 5. RESPONSIBILITIES OF THE DEPARTMENT OF ENERGY. The Secretary of Energy shall provide technical assistance for securing high-risk radiological materials to the Department of Homeland Security, the Nuclear Regulatory Commission, State and local authorities, and the participating facilities. SEC. 6. RADIOLOGICAL DISPERSION DEVICE RECOVERY AND RESPONSE. Nothing in this Act or the amendments made by this Act affects the responsibilities of the Department of Energy to recover orphaned sources of radiological materials or to conduct response and recovery operations with respect to such materials.

Radiological Materials Security Act - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to enhance domestic preparedness for and collective response to terrorism by conducting a risk assessment regarding the threat of, vulnerability to, and consequences of theft or other procurement of radiological materials that could be used by a terrorist in a radiological dispersion device. Requires the Secretary to: (1) disseminate the findings of, and specific risk information developed in, the assessment to participants in the radiological sources security system; (2) develop a classification system for information regarding radiological materials and classify the assessment under such system; (3) share the assessment with participants with appropriate clearances; (4) develop a terrorism risk self-assessment tool for facilities to ascertain risk and provide it to the Nuclear Regulatory Commission (NRC), which shall disseminate it to system facilities; (5) issue recommended practices for securing high-risk radiological materials; and (6) make available infrastructure protection grants to owners and operators of facilities with approved facility security plans. Directs the NRC to: (1) update, promulgate, and enforce regulations for the security of radiological materials; (2) maintain and update a nuclear materials events database and a database to track regulated radiological materials and orphaned, lost, or stolen radiological materials; and (3) issue regulations requiring the owner or operator of a facility containing high-risk radiological material to create, submit to the NRC and certain states, and implement facility security plans to address vulnerabilities. Directs the Secretary of Energy to provide technical assistance for securing high-risk radiological materials to the Department of Homeland Security (DHS), the NRC, state and local authorities, and participating facilities.

{"src": "billsum_train", "title": "To amend the Homeland Security Act of 2002 to secure domestic sources of radiological materials that could be used to make a radiological dispersion device against access by terrorists, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``California Indian Land Transfer Act''. SEC. 2. LANDS HELD IN TRUST FOR VARIOUS TRIBES OF CALIFORNIA INDIANS. (a) In General.--Subject to section 3, all right, title, and interest of the United States in and to the lands described in subsection (b) in connection with each tribe, band, or group of California Indians listed in such subsection (including all improvements on such lands and appurtenances to such lands) are hereby declared to be held in trust status by the United States for the benefit of such tribe, band, or group. (b) Lands Described.--The lands described in this subsection, comprising approximately 1,144.23 acres, and the related tribe, band, or group, are as follows: (1) Pit river tribe.--Lands with respect to the Pit River Tribe; 560 acres located as follows: Township 42 North, Range 13 East, Mount Diablo Base and Meridian Section 3: S\1/2\ of NW\1/4\, NW\1/4\ of NW\1/4\, 120 acres. Township 43 North, Range 13 East Section 1: N\1/2\ of NE\1/4\, 80 acres, Section 22: SE\1/4\ of SE\1/4\, 40 acres, Section 25: SE\1/4\ of NW\1/4\, 40 acres, Section 26: SW\1/4\ of SE\1/4\, 40 acres, Section 27: SE\1/4\ of NW\1/4\, 40 acres, Section 28: NE\1/4\ of SW\1/4\, 40 acres, Section 32: SE\1/4\ of SE\1/4\, 40 acres, Section 34: SE\1/4\ of NW\1/4\, 40 acres, Township 44 North, Range 14 East, Mount Diablo Base and Meridian Section 31: S\1/2\ of SW\1/4\, 80 acres. (2) Bridgeport paiute indian colony.--Lands with respect to the Bridgeport Paiute Indian Colony; 40 acres located as follows: Township 5 North, Range 25 East, Mount Diablo Base and Meridian Section 28: SW\1/4\ of NE\1/4\. (3) Utu utu gwaitu paiute tribe.--Lands with respect to Utu Utu Gwaitu Paiute Tribe, Benton Paiute Reservation; 240 acres located as follows: Township 2 South, Range 31 East, Mount Diablo Base and Meridian Section 11: SE\1/4\ and E\1/2\ of SW\1/4\. (4) Fort independence community of paiute indians.--Lands with respect to the Fort Independence Community of Paiute Indians; 200 acres located as follows: Township 13 South, Range 34 East, Mount Diablo Base and Meridian Section 1: W\1/2\ of Lot 5 in the NE\1/4\, Lot 3, E\1/2\ of Lot 4, and E\1/2\ of Lot 5 in the NW\1/4\. (5) Barona group of capitan grande band of mission indians.--Lands with respect to the Barona Group of Capitan Grande Band of Mission Indians; 5.03 acres located as follows: Township 14 South, Range 2 East, San Bernardino Base and Meridian Section 7, Lot 15. (6) Morongo band of mission indians.--Lands with respect to the Morongo Band of Mission Indians; approximately 40 acres located as follows: Township 3 South, Range 2 East, San Bernardino Base and Meridian Section 20: NW\1/4\ of NE\1/4\. (7) Pala band of mission indians.--Lands with respect to the Pala Band of Mission Indians; 59.20 acres located as follows: Township 9 South, Range 2 West, San Bernardino Base and Meridian Section 13, Lot 1, and Section 14, Lots 1, 2, 3. SEC. 3. EXISTING RIGHTS PRESERVED; MISCELLANEOUS PROVISIONS. (a) Existing Rights Preserved.--The declaration contained in section 2 shall be subject to valid existing rights in effect on the day before the enactment of this Act. (b) Notice of Cancellation of Grazing Privileges.--Grazing privileges on the lands described in section 2 shall terminate two years after the date of enactment of this Act. (c) Proceeds From Rents and Royalties Transferred to Indians.-- Amounts which accrue to the United States after the date of the enactment of this Act from sales, bonuses, royalties, and rentals relating to any land described in section 2 shall be available for use or obligation, in such manner and for such purposes as the Assistant Secretary, Indian Affairs, may approve, by the tribe, band, or group of Indians for whose benefit such land is held after the date of enactment of this Act. (d) Laws Governing Lands To Be Held In Trust.--Any lands which are to be held in trust for the benefit of any tribe, band, or group of Indians pursuant to this Act shall be added to the existing reservation of the tribe, band, or group, and the official boundaries of the reservation shall be modified accordingly. These lands shall be subject to the laws of the United States relating to Indian land in the same manner and to the same extent as other lands held in trust for such tribe, band, or group on the day before the date of this Act. Passed the House of Representatives September 10, 1996. Attest: ROBIN H. CARLE, Clerk.

California Indian Land Transfer Act - Transfers all right, title, and interest of the U.S. in and to specified lands to certain California Indian tribes to be held in trust by the U.S. for the benefit of such Indian tribes. Terminates grazing privileges on the lands two years after the date of enactment of this Act.

{"src": "billsum_train", "title": "California Indian Land Transfer Act"}

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``S Corporation Investment Act of 1994''. (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 1994 - Amends the Internal Revenue Code to increase from 35 to 40 the maximum number of shareholders of an S Corporation (small business corporation). Allows members of a family to be treated as one shareholder. Increases the percentage of permissible passive income. Allows a deduction for payments made to a reinvestment reserve with limitations.

{"src": "billsum_train", "title": "S Corporation Investment Act of 1994"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``H-1B Visa Program Modernization Act of 2007''. SEC. 2. MARKET-BASED LIMITS FOR H-1B VISAS. Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended-- (1) in paragraph (1)-- (A) in the matter preceding subparagraph (A), by striking ``(beginning with fiscal year 1992)''; and (B) in subparagraph (A)-- (i) in clause (vi) by striking ``and''; (ii) in clause (vii), by striking ``each succeeding fiscal year; or'' and inserting ``each of fiscal years 2004, 2005, 2006, and 2007;''; and (iii) by adding after clause (vii) the following: ``(viii) 150,000 for fiscal year 2008; and ``(ix) the number calculated under paragraph (9) for each fiscal year after fiscal year 2008; or''; (2) by redesignating paragraphs (9), (10), and (11) as paragraphs (10), (11), and (12), respectively; and (3) by inserting after paragraph (8) the following: ``(9) If the numerical limitation in paragraph (1)(A)-- ``(A) is reached during the previous fiscal year, the numerical limitation under paragraph (1)(A)(ix) for the subsequent fiscal year shall be equal to 120 percent of the numerical limitation of the previous fiscal year; or ``(B) is not reached during the previous fiscal year, the numerical limitation under paragraph (1)(A)(ix) for the subsequent fiscal year shall be equal to the numerical limitation of the previous fiscal year.''. SEC. 3. H-1B VISA PROGRAM IMPROVEMENTS. (a) Safeguards Against Fraud and Misrepresentation in Application Review Process.--Section 212(n)(1)(G) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(G)) is amended-- (1) by inserting ``, clear indicators of fraud or misrepresentation of material fact,'' after ``completeness''; (2) by striking ``or obviously inaccurate'' and inserting ``, presents clear indicators of fraud or misrepresentation of material fact, or is obviously inaccurate''; and (3) by adding at the end the following: ``If the Secretary's review of an application identifies clear indicators of fraud or misrepresentation of material fact, the Secretary may conduct an investigation and hearing under paragraph (2).''. (b) H-1B Nonimmigrants Not Admitted for Jobs Advertised or Offered Only to H-1B Nonimmigrants.--Section 212(n)(1) of such Act, as amended by this section, is further amended by inserting after subparagraph (G) the following: ``(H)(i) The employer has not advertised the available jobs specified in the application in an advertisement that states or indicates that-- ``(I) the job or jobs are only available to persons who are or who may become H-1B nonimmigrants; or ``(II) persons who are or who may become H-1B nonimmigrants shall receive priority or a preference in the hiring process. ``(ii) The employer has not only recruited persons who are, or who may become, H-1B nonimmigrants to fill the job or jobs.''. (c) Limit on Percentage of H-1B Employees.--Section 212(n)(1) of such Act, as amended by this section, is further amended by inserting after subparagraph (H), as added by subsection (b), the following: ``(I) If the employer employs not less than 50 employees in the United States, not more than 50 percent of such employees are H-1B nonimmigrants.''. (d) Penalties.--Section 212(n)(2)(C) of such Act is amended-- (1) in clause (i)(I), by striking ``$1,000'' and inserting ``$2,000''; (2) in clause (ii)(I), by striking ``$5,000'' and inserting ``$10,000''; and (3) in clause (vi)(III), by striking ``$1,000'' and inserting ``$2,000''. (e) Investigations by Department of Labor.--Section 212(n)(2) of such Act, as amended by this section, is further amended-- (1) in subparagraph (A), by striking ``12 months'' and inserting ``24 months''; and (2) in subparagraph (G)-- (A) in clause (i), by striking the second sentence; (B) in clause (iii), by striking the last sentence; (C) by striking clauses (iv) and (v); (D) by redesignating clauses (vi), (vii), and (viii) as clauses (iv), (v), and (vi), respectively; (E) in clause (iv), as redesignated-- (i) by striking ``clause (viii)'' and inserting ``clause (vi)''; and (ii) by striking ``12 months'' and inserting ``24 months''; and (F) by adding at the end the following: ``(vii) If the Secretary of Labor, after a hearing, finds a reasonable basis to believe that the employer has violated the requirements under this subsection, the Secretary may impose a penalty under subparagraph (C).''. (f) Information Sharing Between Department of Labor and Department of Homeland Security.--Section 212(n)(2) of such Act, as amended by this section, is further amended-- (1) by redesignating subparagraph (I) as subparagraph (J); and (2) by inserting after subparagraph (H) the following: ``(I) The Director of United States Citizenship and Immigration Services shall provide the Secretary of Labor with any information contained in the materials submitted by H-1B employers as part of the adjudication process that indicates that the employer is not complying with H-1B visa program requirements. The Secretary may initiate and conduct an investigation and hearing under this paragraph after receiving information of noncompliance under this subparagraph.''. (g) Information Provided to H-1B Nonimmigrants Upon Visa Issuance.-- (1) In general.--Section 212(n) of such Act, as amended by this section, is further amended-- (A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (B) by inserting after paragraph (2) the following: ``(3)(A) Upon issuing an H-1B visa to an applicant outside the United States, the issuing office shall provide the applicant with-- ``(i) a brochure outlining the employer's obligations and the employee's rights under Federal law, including labor and wage protections; ``(ii) the contact information for Federal agencies that can offer more information or assistance in clarifying employer obligations and workers' rights; and ``(iii) a copy of the employer's H-1B application for the position that the H-1B nonimmigrant has been issued the visa to fill. ``(B) Upon the issuance of an H-1B visa to an alien inside the United States, the officer of the Department of Homeland Security shall provide the applicant with-- ``(i) a brochure outlining the employer's obligations and the employee's rights under Federal law, including labor and wage protections; ``(ii) the contact information for Federal agencies that can offer more information or assistance in clarifying employer's obligations and workers' rights; and ``(iii) a copy of the employer's H-1B application for the position that the H-1B nonimmigrant has been issued the visa to fill.''. (2) Conforming amendments.--Section 212(n) of such Act, as amended by this section, is further amended-- (A) in paragraph (1)(E)-- (i) in clause (i), by striking ``(4)'' and inserting ``(5)''; and (ii) in clause (ii)-- (I) by striking ``(3)'' and inserting ``(4)''; and (II) by striking ``(5)'' and inserting ``(6)''; and (B) in paragraph (2)-- (i) in subparagraph (A), by striking ``(5)(A)'' and inserting ``(6)(A)''; and (ii) in subparagraph (F), by striking ``(5)'' and inserting ``(6)''. (h) Effective Date.--The amendments made by subsections (b) and (c) shall only apply to applications filed after the date of enactment of this Act.

H-1B Visa Program Modernization Act of 2007 - Amends the Immigration and Nationality Act to increase the annual H-1B nonimmigrant visa (specialty occupation) cap, with a 20% increase for the following year if the previous year's quota is reached. Revises H-1B provisions with respect to: (1) application fraud and misrepresentation; (2) employer penalties; (3) Department of Labor investigations; (4) Department of Labor and Department of Homeland Security (DHS) information sharing; (5) information provided to an H-1B nonimmigrant upon visa issuance; (6) employment advertising; and (7) prohibiting an employer of fewer than 50 employees in the United States from having more than 50% H-1B nonimmigrant employees.

{"src": "billsum_train", "title": "A bill to amend the Immigration and Nationality Act to improve the competitiveness of the United States in the global economy and to protect against potential visa fraud and abuse."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Judicially Enforceable Terrorism Subpoenas Act of 2004''. SEC. 2. ADMINISTRATIVE SUBPOENAS IN TERRORISM INVESTIGATIONS. (a) In General.--Chapter 113B of title 18, United States Code, is amended by inserting after section 2332f the following: ``Sec. 2332g. Judicially enforceable terrorism subpoenas ``(a) Authorization of Use.-- ``(1) In general.--In any investigation concerning a Federal crime of terrorism (as defined under section 2332b(g)(5)), the Attorney General may issue in writing and cause to be served a subpoena requiring the production of any records or other materials that the Attorney General finds relevant to the investigation, or requiring testimony by the custodian of the materials to be produced concerning the production and authenticity of those materials. ``(2) Contents.--A subpoena issued under paragraph (1) shall describe the records or items required to be produced and prescribe a return date within a reasonable period of time within which the records or items can be assembled and made available. ``(3) Attendance of witnesses and production of records.-- ``(A) In general.--The attendance of witnesses and the production of records may be required from any place in any State, or in any territory or other place subject to the jurisdiction of the United States at any designated place of hearing. ``(B) Limitation.--A witness shall not be required to appear at any hearing more than 500 miles distant from the place where he was served with a subpoena. ``(C) Reimbursement.--Witnesses summoned under this section shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States. ``(b) Service.-- ``(1) In general.--A subpoena issued under this section may be served by any person designated in the subpoena as the agent of service. ``(2) Service of subpoena.-- ``(A) Natural person.--Service of a subpoena upon a natural person may be made by personal delivery of the subpoena to that person, or by certified mail with return receipt requested. ``(B) Business entities and associations.--Service of a subpoena may be made upon a domestic or foreign corporation, or upon a partnership or other unincorporated association that is subject to suit under a common name, by delivering the subpoena to an officer, to a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process. ``(C) Proof of service.--The affidavit of the person serving the subpoena entered by that person on a true copy thereof shall be sufficient proof of service. ``(c) Enforcement.-- ``(1) In general.--In the case of the contumacy by, or refusal to obey a subpoena issued to, any person, the Attorney General may invoke the aid of any court of the United States within the jurisdiction of which the investigation is carried on, or the subpoenaed person resides, carries on business, or may be found, to compel compliance with the subpoena. ``(2) Order.--A court of the United States described under paragraph (1) may issue an order requiring the subpoenaed person, in accordance with the subpoena, to appear, to produce records, or to give testimony touching the matter under investigation. Any failure to obey the order of the court may be punished by the court as contempt thereof. ``(3) Service of process.--Any process under this subsection may be served in any judicial district in which the person may be found. ``(d) Nondisclosure requirement.-- ``(1) In general.--If the Attorney General certifies that otherwise there may result a danger to the national security of the United States, no person shall disclose to any other person that a subpoena was received or records were provided pursuant to this section, other than to-- ``(A) those persons to whom such disclosure is necessary in order to comply with the subpoena; ``(B) an attorney to obtain legal advice with respect to testimony or the production of records in response to the subpoena; or ``(C) other persons as permitted by the Attorney General. ``(2) Notice of nondisclosure requirement.--The subpoena, or an officer, employee, or agency of the United States in writing, shall notify the person to whom the subpoena is directed of the nondisclosure requirements under paragraph (1). ``(3) Further applicability of nondisclosure requirements.--Any person who receives a disclosure under this subsection shall be subject to the same prohibitions on disclosure under paragraph (1). ``(4) Enforcement of nondisclosure requirement.--Whoever knowingly violates paragraphs (1) or (3) shall be imprisoned for not more than 1 year, and if the violation is committed with the intent to obstruct an investigation or judicial proceeding, shall be imprisoned for not more than 5 years. ``(5) Termination of nondisclosure requirement.--If the Attorney General concludes that a nondisclosure requirement no longer is justified by a danger to the national security of the United States, an officer, employee, or agency of the United States shall notify the relevant person that the prohibition of disclosure is no longer applicable. ``(e) Judicial Review.-- ``(1) In general.--At any time before the return date specified in a summons issued under this section, the person or entity summoned may, in the United States district court for the district in which that person or entity does business or resides, petition for an order modifying or setting aside the summons. ``(2) Modification of nondisclosure requirement.--Any court described under paragraph (1) may modify or set aside a nondisclosure requirement imposed under subsection (d) at the request of a person to whom a subpoena has been directed, unless there is reason to believe that the nondisclosure requirement is justified because otherwise there may result a danger to the national security of the United States. ``(3) Review of government submissions.--In all proceedings under this subsection, the court shall review the submission of the Federal Government, which may include classified information, ex parte and in camera. ``(f) Immunity From Civil Liability.--Any person, including officers, agents, and employees of a non-natural person, who in good faith produce the records or items requested in a subpoena, shall not be liable in any court of any State or the United States to any customer or other person for such production, or for nondisclosure of that production to the customer or other person. ``(g) Guidelines.--The Attorney General shall, by rule, establish such guidelines as are necessary to ensure the effective implementation of this section.''. (b) Amendment to Table of Sections.--The table of sections of chapter 113B of title 18, United States Code, is amended by inserting after the item relating to section 2332f the following: ``2332g. Judicially enforceable terrorism subpoenas.''.

Judicially Enforceable Terrorism Subpoenas Act of 2004 - Amends the Federal criminal code to authorize the Attorney General, in any investigation concerning a Federal crime of terrorism, to subpoena the production of relevant records or materials or testimony by the custodian concerning those materials. Provides that attendance of witnesses and the production of records may be required from any place subject to U.S. jurisdiction at a designated hearing place, except that a witness may not be required to appear at any hearing more than 500 miles from the place where the subpoena is served. Authorizes the Attorney General, under specified circumstances, to invoke the aid of any U.S. court with jurisdiction to compel compliance with the subpoena. Limits disclosure regarding the receipt of a subpoena or the provision of records if the Attorney General certifies that otherwise a danger to national security may result. Sets forth provisions regarding judicial review and immunity from civil liability for compliance with this Act.

{"src": "billsum_train", "title": "A bill to authorize the use of judicially enforceable subpoenas in terrorism investigations."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Futures Investor Protection Act''. SEC. 2. FUTURES INVESTORS PROTECTION FUND. (a) Futures Investor Protection Corporation.-- (1) Creation and membership.-- (A) Creation.--There is established a nonprofit corporation to be known as the ``Futures Investor Protection Corporation'' (in this Act referred to as the ``FIPC''), which shall not be an agency or establishment of the United States Government. (B) Membership.-- (i) Members of fipc.--The FIPC shall be a membership corporation the members of which shall be all persons registered under the Commodity Exchange Act with the Commission as a futures commission merchant, other than persons whose principal business, in the determination of the FIPC, taking into account business of affiliated entities, is conducted outside the United States and its territories and possessions. (ii) Commission review; additional members.--Subparagraphs (B) and (C) of section 3(a)(2) of SIPA shall apply with respect to determinations of the FIPC in the same way the subparagraphs apply with respect to determinations of the SIPC and to brokers and dealers referred to in such subparagraph (D). (iii) Disclosure.--Section 3(a)(2)(D) of SIPA shall apply to futures commission merchants in the same way the section applies to brokers and dealers referred to in such section. (2) Powers.--The FIPC shall have all the powers conferred on the SIPC. (3) Board of directors.-- (A) Functions.--The FIPC shall have a Board of Directors which, subject to the provisions of this Act, shall determine the policies which shall govern the operations of FIPC. (B) Number and appointment.--The Board of Directors shall consist of 7 persons as follows: (i) 1 director shall be appointed by the Secretary of the Treasury from among the officers and employees of the Department of the Treasury. (ii) 1 director shall be appointed by the Board of Governors of the Federal Reserve System from among the officers and employees of that Board. (iii) 5 directors shall be appointed by the President, by and with the advice and consent of the Senate, as follows: (I) 3 directors shall be selected from among persons who are associated with, and representative of different aspects of, the futures industry, not all of whom shall be from the same geographical area of the United States. (II) 2 directors shall be selected from the general public from among persons who are not associated with a futures commission merchant or a contract market, or similarly associated with any self-regulatory organization or other futures industry group, and who have not had any such association during the 2 years preceding appointment. (C) Chairman and vice chairman.--The President shall designate a Chairman and Vice Chairman from among those directors appointed under subparagraph (B)(iii)(II). (D) Terms.-- (i) In general.--Except as provided in clauses (ii) and (iii), each director shall be appointed for a term of 3 years. (ii) Initially appointed members.--Of the directors first appointed under subparagraph (B)-- (I) 2 shall hold office for a term expiring on December 31, 2014; (II) 2 shall hold office for a term expiring on December 31, 2015; and (III) 3 shall hold office for a term expiring on December 31, 2016, as designated by the President at the time they take office. The designation shall be made in a manner which will assure that no 2 persons appointed under the authority of the same subclause of subparagraph (B)(iii) shall have terms which expire simultaneously. (iii) Vacancies.--A vacancy in the Board shall be filled in the same manner as the original appointment was made. Any director appointed to fill a vacancy occurring prior to the expiration of the term for which the predecessor of the director was appointed shall be appointed only for the remainder of the term. A director may serve after the expiration of the term for which appointed until the successor of the director has taken office. (E) Compensation.--All matters relating to compensation of directors shall be as provided in the bylaws of the FIPC. (4) Meetings of board; bylaws and rules.--Subsections (d) and (e) of section 3 of SIPA shall apply with respect to the FIPC and the Commission in the same way the subsections apply with respect to the SIPC and the Securities and Exchange Commission. (b) FIPC Fund.-- (1) In general.--The FIPC shall establish, and make deposits into and payments from, an ``FIPC fund'' (in this Act referred to as the ``fund'') in the same manner in which the SIPC has established, and is authorized to make deposits into and payments from, the SIPC fund. (2) Assessments.--The FIPC shall impose on its members assessments subject to the same rules that apply to the imposition by the SIPC of assessments on the members of the SIPC. (c) Other Provisions.--Sections 5 through 16 of the SIPA shall apply with respect to the FIPC and the members, directors, officers, and employees of the FIPC, the Commission, the FIPC fund, futures commission merchants and their affiliates, futures contracts, futures transactions, customers, and debtors in the same way the sections apply with respect to the SIPC and the members, directors, officers, and employees of the SIPC, the Securities and Exchange Commission, the SIPC fund, persons registered as brokers or dealers (as defined in section 16(12) of the SIPA) and their affiliates, securities, securities transactions, customers (as defined in section 16(2) of the SIPA), and debtors (as defined in section 16(5) of the SIPA), respectively. (d) Definitions.--In this section: (1) Commission.--The term ``Commission'' means the Commodity Futures Trading Commission. (2) Contract market.--The term ``contract market'' means a board of trade designated as a contract market under the Commodity Exchange Act. (3) Futures contract.--The term ``futures contract'' means a contract of sale of a commodity for future delivery, within the meaning of the Commodity Exchange Act. (4) Futures commission merchant.--The term ``futures commission merchant'' has the meaning given the term in section 1a(28) of the Commodity Exchange Act. (5) SIPA.--The term ``SIPA'' means the Security Investors Protection Act of 1970. (6) SIPC.--The term ``SIPC'' means the Security Investors Protection Corporation. (7) SIPC fund.--The term ``SIPC fund'' means the fund established under section 4(a)(1) of the SIPA. SEC. 3. SUITABILITY RULES. (a) In General.--The Commodity Exchange Act (7 U.S.C. 1 et seq.) is amended by inserting after section 4t the following: ``SEC. 4U. SUITABILITY RULES. ``(a) In General.-- ``(1) Recommendations must be suitable for the customer.--A futures commission merchant shall not recommend a transaction or investment strategy involving a contract of sale of a commodity for future delivery, unless the futures commission merchant has a reasonable basis to believe that the transaction or investment strategy is suitable for the customer, based on the information obtained through the reasonable diligence of the futures commission merchant to ascertain the customer's investment profile. A customer's investment profile includes, but is not limited to, the customer's age, other investments, financial situation and needs, tax status, investment objectives, investment experience, investment time horizon, liquidity needs, risk tolerance, and any other information the customer may disclose to the futures commission merchant in connection with the recommendation. ``(2) Safe harbor in certain cases.--A futures commission merchant is deemed to comply with paragraph (1) in the case of a customer with an institutional account, if-- ``(A) the futures commission merchant has a reasonable basis to believe that the customer is capable of evaluating investment risks independently, both in general and with regard to particular transactions and investment strategies involving a contract of sale of a commodity for future delivery; and ``(B) the customer affirmatively indicates that it is exercising independent judgment in evaluating the recommendations of the futures commission merchant. ``(b) Applicability With Respect to Certain Agents.--If a customer with an institutional account has delegated decisionmaking authority to an agent, subsection (a) shall be applied with respect to the agent. ``(c) Institutional Account Defined.--In this section, the term `institutional account' means the account of-- ``(1) a bank, savings and loan association, insurance company or registered investment company; ``(2) an investment adviser registered with the Securities and Exchange Commission under section 203 of the Investment Advisers Act or with a State securities commission (or any agency or office performing like functions); or ``(3) any other person (whether a natural person, corporation, partnership, trust or otherwise) with total assets of at least $50,000,000. ``(d) Penalties.--The Commission may impose 1 or more of the following sanctions on a person found by the Commission to have violated this section or to have neglected or refused to comply with an order issued by the Commission under this section: ``(1) Censure. ``(2) A fine. ``(3) Expulsion of the person from, or revocation of the membership of the person in, a registered entity. ``(4) Suspension for a definite period or a period contingent on the performance of a particular act, or revocation, of the registration of the person under this Act with the Commission as a futures commission merchant. ``(5) Suspension or bar of the person from association with any other futures commission merchant. ``(6) A temporary or permanent cease and desist order against the person. ``(7) Any other fitting sanction.''. (b) Effective Date.--Within 6 months after the date of the enactment of this Act, the Commodity Futures Trading Commission shall issue regulations for the implementation of the amendment made by subsection (a). SEC. 4. REVIEW OF PROOF OF CLAIMS RULES. (a) In General.--The Commodity Futures Trading Commission shall review the guidelines for establishing account classes and determining the basis for pro rata shares under, and the sample claim form set forth in, part 190 of title 17, Code of Federal Regulations, and consider the desirability of allowing use of a set date for valuation purposes rather than the date of actual liquidation of positions. (b) Report to the Congress.--Within 1 year after the date of the enactment of this Act, the Commodity Futures Trading Commission shall submit to the Congress a written report that contains the findings of the Commission with respect to the matters referred to in subsection (a), and includes such changes to the regulations in such part as the Commission deems appropriate.

Futures Investor Protection Act - Establishes the Futures Investor Protection Corporation (FIPC) as a nonprofit corporation, which shall be neither an agency nor establishment of the federal government. Declares FIPC to be a membership corporation whose members comprise all persons registered as a futures commission merchant with the Commodity Futures Trading Commission (CFTC). Grants FIPC all powers conferred upon the Security Investors Protection Corporation (SIPC). Sets forth FIPC corporate structure. Requires FIPC to: (1) establish, and make deposits into and payments from a FIPC fund in the same manner in which SIPC has established and is authorized to make deposits into and payments from the SIPC fund; and (2) impose upon its membership assessments subject to the same rules that apply to imposition of assessments upon SIPC members. Amends the Commodity Exchange Act to prescribe suitability rules governing a futures commission merchant's recommendations for a customer. Grants the CFTC enforcement powers. Directs the CFTC to review specified guidelines governing establishing account classes and determining the basis for pro rata shares (proof of claims guidelines).

{"src": "billsum_train", "title": "Futures Investor Protection Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Healing the Invisible Wounds Act of 2006''. SEC. 2. NOTICE AND WAIT ON MODIFICATION OF HANDLING OF POST-TRAUMATIC STRESS DISORDER UNDER DISABILITY COMPENSATION RATING SYSTEM. The Secretary of Veterans Affairs may not implement any modification in the manner in which Post-Traumatic Stress Disorder (PTSD) is handled in the rating of service-connected disabilities for purposes of the payment of compensation under chapter 11 of title 38, United States Code, until the date that is six months after the date on which the Secretary submits to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on such proposed modification. SEC. 3. COUNSELING FOR MEMBERS OF THE NATIONAL GUARD AND RESERVES RETURNING FROM DEPLOYMENT IN A COMBAT THEATER. (a) Expansion of Reunion and Re-Entry From Combat Program.-- (1) In general.--The Secretary of Veterans Affairs, in consultation with the Secretary of Defense, shall provide to each member of the National Guard and Reserves described in subsection (b) the counseling services described in subsection (c) upon the return of such member from a deployment in a combat theater. (2) Purpose of services.--The purpose of the counseling services provided under this section is to assist members of the National Guard and Reserves described in subsection (b) in making the readjustment to civilian life in the United States upon their return from a combat theater. (b) Covered Members of the National Guard and Reserves.--A member of the National Guard and Reserves described in this subsection is any member of the National Guard or the Reserves who serves on active duty in a combat theater. (c) Counseling To Be Provided.--The counseling services to be provided under this subsection shall include the following: (1) A session of group counseling provided to such member together with such other number of members as the Secretary determines appropriate for the purpose of this section. (2) A session, of not less than one hour duration, of private counseling provided to such member. (3) A presentation on counseling-related matters, including on the readjustment counseling and related mental health services available under section 1712A of title 38, United States Code, provided to the family of such member. (4) Such other counseling services as the Secretary determines appropriate for the purpose of this section. (d) Means of Providing Counseling.--Counseling services shall be provided under this section through the personnel of the centers (commonly referred to as ``vet centers'') providing readjustment counseling and related mental health services for veterans under section 1712A of title 38, United States Code. (e) Timing of Counseling.--The counseling provided to a member of the National Guard and Reserves under paragraphs (1) and (2) of subsection (c) shall be provided not later than 14 days after the date of the return of the member to the member's home following a deployment to a combat theater. (f) Retention on Active Duty Pending Counseling.--A member of the National Guard and Reserves described in subsection (a) shall be retained on active duty in the Armed Forces until the provision of the counseling required to be provided under paragraphs (1) and (2) of subsection (c). (g) Additional Counseling.--The Secretary shall ensure that the centers referred to in subsection (d), as part of the discharge of their functions under section 1712A of title 38, United States Code, provide, and have sufficient resources to provide, such follow-up and additional counseling services to veterans described in subsection (a) as such veterans shall request from such centers, in accordance with applicable law. (h) Report.-- (1) Report required.--Not later than one year after the date of the commencement of the provision of counseling services under this section, the Secretary shall submit to the appropriate committees of Congress a report on the provision of such services under this section. (2) Elements.--The report required by paragraph (1) shall include information as follows: (A) The cost of the provision of counseling services under this section. (B) An assessment of the efficacy of such services in meeting the readjustment needs of veterans described in subsection (a). (C) An assessment (based on surveys or such information as the Secretary considers appropriate) of the satisfaction of veterans described in subsection (a) with the services provided under this section, including the manner in which such services are provided. (D) The number of followup visits for counseling and services of veterans described in subsection (a) and the number of visits of family members of such veterans for counseling and services. (E) Such recommendations as the Secretary considers appropriate in order to enhance the services provided under this section, including the manner in which such services are provided. (i) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committees on Veterans' Affairs and Armed Services of the Senate; and (2) the Committees on Veterans' Affairs and Armed Services of the House of Representatives. (j) Authorization of Appropriations.--There is authorized to be appropriated to the Department of Veterans Affairs for fiscal year 2007, such sums as may be necessary for the provision of counseling services under this section. SEC. 4. FUNDING FOR VET CENTERS. There is authorized to be appropriated to the Department of Veterans Affairs for fiscal year 2007, $180,000,000 for the provision of readjustment counseling and related mental health services through centers (commonly referred to as ``vet centers'') under section 1712A of title 38, United States Code.

Healing the Invisible Wounds Act of 2006 - Prohibits the Secretary of Veterans Affairs from implementing any modification in the manner in which post-traumatic stress disorder (PTSD) is handled in the rating of service-connected disabilities for purposes of the payment of veterans' disability compensation until six months after the Secretary reports to the congressional veterans' committees on the proposed modification. Directs the Secretary to provide to each member of the National Guard and reserves who serves on active duty in a combat theater a session of group counseling, a session of private counseling, and a presentation on counseling-related matters to the family of such member. Requires the member's counseling to be provided within 14 days after their return from such deployment. Authorizes additional counseling upon member request.

{"src": "billsum_train", "title": "A bill to enhance the counseling and readjustment services provided by the Department of Veterans Affairs, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Notch Fairness Act of 1997''. SEC. 2. NEW GUARANTEED MINIMUM PRIMARY INSURANCE AMOUNT WHERE ELIGIBILITY ARISES DURING TRANSITIONAL PERIOD. (a) In General.--Section 215(a) of the Social Security Act is amended-- (1) in paragraph (4)(B), by inserting ``(with or without the application of paragraph (8))'' after ``would be made'', and by striking ``1984'' in clause (i) and inserting ``1989''; and (2) by adding at the end the following: ``(8)(A) In the case of an individual described in paragraph (4)(B) (subject to subparagraphs (F) and (G) of this paragraph), the amount of the individual's primary insurance amount as computed or recomputed under paragraph (1) shall be deemed equal to the sum of-- ``(i) such amount, and ``(ii) the applicable transitional increase amount (if any). ``(B) For purposes of subparagraph (A)(ii), the term `applicable transitional increase amount' means, in the case of any individual, the product derived by multiplying-- ``(i) the excess under former law, by ``(ii) the applicable percentage in relation to the year in which the individual becomes eligible for old-age insurance benefits, as determined by the following table: ``If the individual becomes eligible for The applicable such benefits in: percentage is: 1979............................... 55 percent 1980............................... 45 percent 1981............................... 35 percent 1982............................... 32 percent 1983............................... 25 percent 1984............................... 20 percent 1985............................... 16 percent 1986............................... 10 percent 1987............................... 3 percent 1988............................... 5 percent. ``(C) For purposes of subparagraph (B), the term `excess under former law' means, in the case of any individual, the excess of-- ``(i) the applicable former law primary insurance amount, over ``(ii) the amount which would be such individual's primary insurance amount if computed or recomputed under this section without regard to this paragraph and paragraphs (4), (5), and (6). ``(D) For purposes of subparagraph (C)(i), the term `applicable former law primary insurance amount' means, in the case of any individual, the amount which would be such individual's primary insurance amount if it were-- ``(i) computed or recomputed (pursuant to paragraph (4)(B)(i)) under section 215(a) as in effect in December 1978, or ``(ii) computed or recomputed (pursuant to paragraph (4)(B)(ii)) as provided by subsection (d), (as applicable) and modified as provided by subparagraph (E). ``(E) In determining the amount which would be an individual's primary insurance amount as provided in subparagraph (D)-- ``(i) subsection (b)(4) shall not apply; ``(ii) section 215(b) as in effect in December 1978 shall apply, except that section 215(b)(2)(C) (as then in effect) shall be deemed to provide that an individual's `computation base years' may include only calendar years in the period after 1950 (or 1936 if applicable) and ending with the calendar year in which such individual attains age 61, plus the 3 calendar years after such period for which the total of such individual's wages and self-employment income is the largest; and ``(iii) subdivision (I) in the last sentence of paragraph (4) shall be applied as though the words `without regard to any increases in that table' in such subdivision read `including any increases in that table'. ``(F) This paragraph shall apply in the case of any individual only if such application results in a primary insurance amount for such individual that is greater than it would be if computed or recomputed under paragraph (4)(B) without regard to this paragraph. ``(G)(i) This paragraph shall apply in the case of any individual subject to any timely election to receive lump sum payments under this subparagraph. ``(ii) A written election to receive lump sum payments under this subparagraph, in lieu of the application of this paragraph to the computation of the primary insurance amount of an individual described in paragraph (4)(B), may be filed with the Commissioner of Social Security in such form and manner as shall be prescribed in regulations of the Commissioner. Any such election may be filed by such individual or, in the event of such individual's death before any such election is filed by such individual, by any other beneficiary entitled to benefits under section 202 on the basis of such individual's wages and self- employment income. Any such election filed after December 31, 1998, shall be null and void and of no effect. ``(iii) Upon receipt by the Commissioner of a timely election filed by the individual described in paragraph (4)(B) in accordance with clause (ii)-- ``(I) the Commissioner shall certify receipt of such election to the Secretary of the Treasury, and the Secretary of the Treasury, after receipt of such certification, shall pay such individual, from amounts in the Federal Old-Age and Survivors Insurance Trust Fund, a total amount equal to $5,000, in 4 annual lump sum installments of $1,250, the first of which shall be made during fiscal year 1999 not later than July 1, 1999, and ``(II) subparagraph (A) shall not apply in determining such individual's primary insurance amount. ``(iv) Upon receipt by the Commissioner as of December 31, 1998, of a timely election filed in accordance with clause (ii) by at least one beneficiary entitled to benefits on the basis of the wages and self- employment income of a deceased individual described in paragraph (4)(B), if such deceased individual has filed no timely election in accordance with clause (ii)-- ``(I) the Commissioner shall certify receipt of all such elections received as of such date to the Secretary of the Treasury, and the Secretary of the Treasury, after receipt of such certification, shall pay each beneficiary filing such a timely election, from amounts in the Federal Old-Age and Survivors Insurance Trust Fund, a total amount equal to $5,000 (or, in the case of 2 or more such beneficiaries, such amount distributed evenly among such beneficiaries), in 4 equal annual lump sum installments, the first of which shall be made during fiscal year 1999 not later than July 1, 1999, and ``(II) solely for purposes of determining the amount of such beneficiary's benefits, subparagraph (A) shall be deemed not to apply in determining the deceased individual's primary insurance amount.''. (b) Effective Date and Related Rules.-- (1) Applicability of amendments.-- (A) In general.--Except as provided in paragraph (2), the amendments made by this Act shall be effective as though they had been included or reflected in section 201 of the Social Security Amendments of 1977. (B) Applicability.--No monthly benefit or primary insurance amount under title II of the Social Security Act shall be increased by reason of such amendments for any month before July 1999. The amendments made this section shall apply with respect to benefits payable in months in any fiscal year after fiscal year 2002 only if the corresponding decrease in adjusted discretionary spending limits for budget authority and outlays under section 3 of this Act for fiscal years prior to fiscal year 2003 is extended by Federal law to such fiscal year after fiscal year 2002. (2) Recomputation to reflect benefit increases.--In any case in which an individual is entitled to monthly insurance benefits under title II of the Social Security Act for June 1999, if such benefits are based on a primary insurance amount computed-- (A) under section 215 of such Act as in effect (by reason of the Social Security Amendments of 1977) after December 1978, or (B) under section 215 of such Act as in effect prior to January 1979 by reason of subsection (a)(4)(B) of such section (as amended by the Social Security Amendments of 1977), the Commissioner of Social Security (notwithstanding section 215(f)(1) of the Social Security Act) shall recompute such primary insurance amount so as to take into account the amendments made by this Act. SEC. 3. OFFSET THROUGH REDUCTIONS IN DISCRETIONARY SPENDING LIMITS. Whenever the Director of the Office of Management and Budget estimates this legislation under section 252(d)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985, the Director shall decrease the adjusted discretionary spending limits for budget authority and outlays for each of fiscal years 1999 through 2002 set forth in section 251(c) of such Act by the increase in direct spending estimated to result from enactment of this legislation for that fiscal year. For fiscal year 1999, the decrease shall be in the nondefense category and for all other fiscal years shall be in the discretionary category. For purposes of section 252(b) of such Act, an amount equal to that decrease in the discretionary spending limit for outlays for each such fiscal year shall be treated as direct spending legislation decreasing the deficit for that fiscal year.

Notch Fairness Act of 1997 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to revise the formula for the computation of minimum old age insurance benefits for individuals who reached age 65 in or after 1979 and to whom applies the 15-year transition period for the changes in benefit computation rules enacted in the Social Security Amendments of 1977. Sets forth a schedule of additional benefit increases for such beneficiaries (and related beneficiaries), with percentages declining from 55 percent to five percent and keyed to the year an individual became eligible for such benefits between 1979 and 1988. Allows such beneficiaries, in the alternative, to receive lump sum payments over four years totaling $5,000. Specifies offsetting nondefense and discretionary spending reductions the Director of the Office of Management and Budget shall make over a four-year period for the increase in direct spending estimated to result from enactment of this Act.

{"src": "billsum_train", "title": "Notch Fairness Act of 1997"}

.--Section 301(a) of the Congressional Budget Act of 1974 (2 U.S.C. 632(a)) is amended by striking paragraph (4) and inserting the following: ``(4) subtotals of new budget authority and outlays for nondefense discretionary spending, defense discretionary spending, Medicare, Medicaid and other health-related spending, other direct spending (excluding interest), contingencies, and net interest;''. (b) Long-Term Budgeting.--Section 301 of the Congressional Budget Act of 1974 is amended by adding at the end the following new subsection: ``(k) Long-Term Budgeting.--In addition to the levels required to be included in a concurrent resolution on the budget under subsection (a), such concurrent resolution shall set forth appropriate levels, as a percent of the current gross domestic product of the United States, for total Federal revenues, total outlays, debt held by the public, and the surplus or deficit in the budget for the fiscal year 10 years, 20 years, and 30 years after the last fiscal year of the concurrent resolution on the budget.''. SEC. 9. LONG-TERM RECONCILIATION. (a) Long-Term Reconciliation.--Section 310 of the Congressional Budget Act of 1974 is amended by adding at the end the following new subsection: ``(h) Long-Term Reconciliation Directives in a Concurrent Resolution on the Budget.-- ``(1) Long-term reconciliation directives.--In addition to a reconciliation measure as set forth in subsection (a), a concurrent resolution on the budget for any fiscal year, to the extent necessary to effectuate the spending levels as set forth for such categories in section 301(a) (providing for long-term spending levels as a percentage of gross domestic product) of such resolution, may-- ``(A) specify the total amount by which Medicare, Medicaid, the OASDI Trust Funds, and other direct spending outlays are to be reduced within the jurisdiction of a committee as a percentage of gross domestic product of such fiscal year; and ``(B) direct that committee to determine and recommend changes to accomplish a reduction of such total amount for such categories as a percentage of gross domestic product. ``(2) Limitation on amendments to long-term reconciliation legislation.--(A) It shall not be in order in the House of Representatives to consider any amendment to a reconciliation bill or reconciliation resolution if such amendment decreases outlay reductions below the level of such outlay reductions provided (for the fiscal years covered) in the reconciliation instructions which relate to such long-term reconciliation bill. ``(B) It shall not be in order in the Senate to consider any amendment to a reconciliation bill or reconciliation resolution if such amendment decreases outlay reductions below the level of such outlay reductions provided (for the fiscal years covered) in the reconciliation instructions which relate to such long-term reconciliation bill. ``(C) Subparagraphs (A) and (B) shall not apply if a declaration of war by the Congress is in effect. ``(D) For purposes of this section, the levels of outlays as a percentage of a gross domestic product for a fiscal year shall be determined on the basis of estimates made by the Committee on the Budget of the House of Representatives or of the Senate. ``(E) In the Senate, a motion to strike a provision shall always be in order. ``(3) Subject matter.--Subject matter included in a long- term reconciliation bill may be any of the following: ``(A) Any part of the Medicare Program. ``(B) Medicaid and other health-related spending. ``(C) The Old-Age, Survivors, and Disability Insurance Trust Fund to make the program solvent. ``(D) Other direct spending. ``(4) Application.--Subsections (b)(1)(E) and (F) of section 313 and subsections (c), (d), and (g) of this section shall not apply to long-term reconciliation measures reported under this subsection. Reforms that are necessary for the fundamental restructuring of any program included in any such measure shall not be deemed to be extraneous for purposes of such section 313.''. (b) Conforming Amendment.--Section 310(b) of the Congressional Budget Act of 1974 is amended by striking ``subsection (a)'' and inserting ``subsections (a) and (h)''. SEC. 10. LONG-TERM SPENDING INCREASE POINT OF ORDER. (a) In General.--Title III of the Congressional Budget Act of 1974 (as amended by section 6) is further amended by adding at the end the following new section: ``long-term spending increase point of order ``Sec. 317. (a) Congressional Budget Office Analysis of Proposals.--The Director of the Congressional Budget Office shall, to the extent practicable, prepare for each bill and joint resolution reported from committee, and amendments thereto and conference reports thereon, an estimate of whether the measure causes, relative to current law, a net increase in direct spending in excess of $5,000,000,000 in any of the four ten fiscal-year periods beginning in the first fiscal year after the last fiscal year covered in the most recently enacted concurrent resolution on the budget. ``(b) In the Senate.--It shall not be in order in the Senate to consider any bill, joint resolution, amendment, motion, or conference report that causes a net increase in deficits in excess of $5,000,000,000 in any of the four ten fiscal-year periods beginning in the first fiscal year after the last fiscal year covered in the most recently enacted concurrent resolution on the budget. ``(c) In the House of Representatives.--It shall not be in order in the House of Representatives to consider any bill, joint resolution, amendment, motion, or conference report that causes a net increase in deficits in excess of $5,000,000,000 in any of the four ten fiscal-year periods beginning in the first fiscal year after the last fiscal year covered in the most recently enacted concurrent resolution on the budget. ``(d) Determinations of Budget Levels.--For purposes of this section, the levels of net deficit increases shall be determined on the basis of estimates provided by the chairmen of the Senate and House Committees on the Budget, as applicable.''. (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 the item relating to section 319 the following new item: ``Sec. 317. Long-term spending increase point of order.''. SEC. 11. CBO AND OMB PROJECTIONS. (a) Congressional Budget Office.--Section 308 of the Congressional Budget Act of 1974 is amended by adding at the end the following new subsections: ``(e) Long-Term Projections.--Each year, the Director of the Congressional Budget Office shall issue a report projecting total spending, revenue, deficits, and debt for at least 40 years beginning with the first fiscal year after the last fiscal year covered in the most recently enacted concurrent resolution on the budget as a percentage of current projected gross domestic product annually based on current law and current law levels as modified to maintain current policy. ``(f) CBO Spending Review Report Issuance.--As a component of the report required by subsection (e), the Director of the Congressional Budget Office shall issue a Spending Review Report and transmit such report to the Committees on the Budget of the House of Representatives and the Senate. ``(g) Content of Spending Review Report.--The content of the Spending Review Report referred to in subsection (f) shall include analyses of the following: ``(1) OASDI.--The solvency of the Old-Age, Survivors, and Disability Insurance Trust Fund. ``(2) Medicare.--The long-range sustainability of the spending levels of Medicare. ``(3) Medicaid and other health-related spending.--The long-range sustainability of the spending levels of Medicaid and other health-related spending. ``(4) Other direct spending.--The long-range sustainability of spending levels of other direct spending. ``(5) Long-term sustainability.--The long-term sustainability of total Government outlays, deficit, and debt. ``(6) Net interest.--Projections of net interest. ``(h) Definitions.--For purposes of the development of the Spending Review Report referred to in subsection (f): ``(1) Solvency of the oasdi.--The term `solvency' as used in this section means the solvency of the Old-Age Security and Disability Insurance Trust Funds over a 75-year period beginning in the year the Spending Review Report is reported and in the last year of that period. ``(2) Sustainability.--The term `sustainability' means that the projected growth in the Medicare program, the Medicaid program or other health-related spending, or any other direct spending program (other than the Old-Age Security and Disability Insurance Trust Funds or the Medicare or Medicaid program), beginning with the first fiscal year after the last fiscal year covered in the most recently enacted concurrent resolution on the budget, does not exceed the annual rate of growth of the gross domestic product of the United States.''. (b) Office of Management and Budget.--Section 1105(a) of title 31, United States Code, is amended by redesignating the second paragraph (37) as paragraph (39) and by adding at the end the following new paragraph: ``(40) long-term projections of total spending over 30 years (or 75 years in the case of Social Security) as a percentage of gross domestic product annually and the impact of proposed policies over that period.''. SEC. 12. LONG-TERM ANALYSIS BY CONGRESSIONAL BUDGET OFFICE OF LEGISLATION. (a) Long-Term Analysis by Congressional Budget Office.--(1) Part A of title IV of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: ``long-term analysis by congressional budget office of legislation ``Sec. 407. (a) Analysis.--The Director of the Congressional Budget Office shall, to the extent practicable, prepare-- ``(1) for major legislation reported by any committee of the House of Representatives or the Senate; and ``(2) for any bill or resolution so requested by the chairman or ranking member of the Committee on the Budget or the chairman or ranking member of the committee of jurisdiction, and submit to such committee or to the chairman of the Committee on the Budget making such request an estimate of the costs which would be incurred in carrying out such bill or resolution for the ten fiscal- year period beginning with the first fiscal year after the last fiscal year covered by the most recently enacted concurrent resolution on the budget subject to the analysis of such bill or resolution by the Director under section 402, together with the basis for each such estimate. The estimates, comparison, and description so submitted shall be included in the report accompanying such bill or resolution if timely submitted to such committee before such report is filed. ``(b) Definition.--As used in this section, the term `major legislation' means any bill or joint resolution if the gross spending or revenue effect of such bill or resolution for any fiscal year for which an estimate was made under section 402 is greater than .25 percent of the estimated gross domestic product (GDP) of the United States for the fiscal year.''. (2) The table of contents set forth in section 1(b) of the Congressional Budget Act of 1974 is amended by inserting after the item relating to section 406 the following new item: ``Sec. 407. Long-term analysis by Congressional Budget Office of legislation.''. (b) Analysis by Congressional Budget Office.--Paragraph (1) of section 402 of the Congressional Budget Act of 1974 is amended by striking ``in each of the 4 fiscal years following such fiscal year'' and inserting ``in at least each of the 9 fiscal years following such fiscal year''. SEC. 13. LONG-TERM BUDGETING REFLECTED IN PRESIDENT'S BUDGET SUBMISSIONS. Paragraphs (5), (6), and (12)(B) of section 1105(a) of title 31, United States Code, are amended by striking ``4 fiscal years after that year'' and inserting ``9 fiscal years after that year and the ten fiscal-year period beginning thereafter''. SEC. 14. GAO AND OMB STATEMENTS OF THE FEDERAL GOVERNMENT'S FINANCIAL CONDITION. (a) Government Accountability Office.--Not later than 6 weeks after the President's budget submission under section 1105(a) of title 31, United States Code, or 6 weeks after the President submits his budget review, the Government Accountability Office shall submit a report on the financial condition of the Government, including the long-term unfunded obligations. (b) Definition of Long-Term Unfunded Obligations.--Section 3 of the Congressional Budget Act of 1974 is amended by adding at the end the following new paragraph: ``(12) The term `unfunded obligations' means the dollar sum of the Total Net Position as displayed in the United States Government Balance Sheets contained within the most recently published Financial Report of the United States Government; plus the 75-year actuarial balances, using the intermediate open-group assumption, of Medicare's Hospital Insurance, Supplementary Medical Insurance, and Prescription Drug programs contained within the most recently published Annual Report of the Boards of Trustees of the Federal Hospital Insurance and Federal Supplementary Medical Insurance Trust Funds; plus the 75-year actuarial balance, using the intermediate open group assumption, of the Old-Age Survivors and Disability Insurance program contained within the most recently published Annual Report of the Board of Trustees of the Federal Old-Age and Survivors Insurance and Federal Disability Insurance Trust Funds; plus the 75-year actuarial balance of the Black Lung Disability Trust Fund (20-8144-0-7-601); plus the 75-year actuarial balance of the Rail Industry Pension Fund (60-8011-0- 7-601) under section 255(g)(1)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985.''. (c) President's Budget Submission.--Section 1105(a) of title 31, United States Code, (as amended by section 8(b)) is further amended by adding at the end the following: ``(41) a report on the financial condition of the Government, including the long-term unfunded obligations.''. SEC. 15. MEDICARE TRIGGER. (a) Section 803.--Section 803 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173) is amended-- (1) in subsection (b)-- (A) in paragraph (3)(A), by striking ``; and'' and inserting a semicolon; (B) in paragraph (3)(B), by striking the period at the end and inserting a semicolon; (C) in paragraph (3), by adding at the end the following new subparagraphs: ``(C) the most recent report of the Medicare Trustees (including any illustrative scenario prepared by the Office of the Actuary); ``(D) an analysis by the Chief Actuary of Medicare on the proposed legislation; and ``(E) the assessment of the Committee on the Budget of the report of the Trustees and the analysis by the Chief Actuary of Medicare on the proposed legislation.''; and (D) by adding at the end the following new paragraph: ``(4) Effective certification.--The certification referred to in paragraph (3) shall have no force or effect unless and until all of the criteria set forth therein are inserted in the Congressional Record.''; (2) by amending subsection (c) to read as follows: ``(c) Fallback Procedure for Floor Consideration if the House Fails To Vote on Final Passage by July 30.--After July 30 of any year during which the President is required to submit proposed legislation to Congress under section 1105(h) of title 31, United States Code, unless the House of Representatives has voted on final passage of any medicare funding legislation for which there is an affirmative certification under subsection (b)(3)(A), then, after the expiration of 30 calendar days (and concurrently 5 legislative days), the medicare funding legislation shall be discharged from any committee to which it has been referred.''; and (3) by adding at the end the following new subsection: ``(h) Inapplicability of Procedures to Certain Legislation.-- Procedures set forth in this section shall not apply to any legislation including-- ``(1) changes in budget authority and outlays not within function 570 (spending outside the medicare program); or ``(2) revenue increases other than those receipts from a dedicated medicare financing source.''. (b) Section 804.--Section 804 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173) is amended-- (1) in subsection (d)(1), by striking ``, then any Senator'' and all that follows and inserting ``, then the medicare funding legislation measure shall be discharged from the committee.''; and (2) in subsection (e), by adding at the end the following new sentence: ``The motion to proceed shall be nondebatable.''. (c) Section 805.--(1) Subtitle A of title VIII of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173) is amended by adding at the end the following new section: ``SEC. 805. DEDICATION OF SAVINGS. ``The chairman of the Committee on the Budget of the House of Representatives or the Senate, as appropriate, shall adjust the appropriate allocations, aggregates, and other levels to reflect the budget impact achieved by legislation introduced pursuant to section 803(a) for purposes of the Congressional Budget Act of 1974, the Balanced Budget Emergency and Deficit Control Act of 1985, the Rules of the House of Representatives, or the Standing Rules of the Senate.''. (2) The table of contents set forth in section 1(d) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173) is amended by inserting after the item relating to section 804 the following new item: ``Sec. 805. Dedication of savings.''.

Balancing Our Obligations for the Long-Term Act of 2011 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to establish for FY2030-FY2050: (1) direct spending limits, and (2) total spending limits. Prescribes certain deficit control mechanisms (sequestration and reduction orders) for such period. Requires the Office of Management and Budget (OMB) and the Congressional Budget Office (CBO) to: (1) determine common scorekeeping guidelines, and (2) prepare estimates in conformance with such guidelines. Prescribes and/or revises requirements for discretionary, direct, total, and deficit sequestration preview and final reports. Eliminates Pay-As-You-Go reports. Adds the following programs and activities to the list exempted from sequestration orders: (1) obligated balances of budget authority carried over from prior fiscal years; (2) federal obligations required to be paid under the U.S. Constitution or legally contractual obligations; (3) Claims, Judgments, and Relief Acts (20-1895-0-1-808); and (4) intragovernmental transfers. Modifies and/or repeals certain mandatory general and special sequestration rules. Amends the Act to establish the baseline for the three 10-fiscal years beginning after the last such outyear based on enacted law, as an estimate of current year levels of budget authority, outlays, or receipts for: (1) discretionary spending; (2) Medicare; (3) Medicaid and other health-related spending; (4) other direct spending; (5) social security; (6) other categories, as appropriate; and (7) net interest. Amends the Congessional Budget Act of 1974 (CBA) to require the Director of the Congressional Budget Office (CBO) to make an annual projection for at least 40 years of total spending, revenue, deficits, and debt beginning with the first fiscal year after the last fiscal year covered in the most recently enacted budget resolution as a percentage of current projected gross domestic product (GDP), based on current law and current law levels as modified to maintain current policy. Requires CBO to issue an annual Spending Review Report on the solvency of the Old-Age, Survivors, and Disability Insurance (OASDI) Trust Fund and the long-range sustainability of the spending levels of Medicare, Medicaid and other health-related spending as well as other direct spending. Prescribes procedures for introduction and expedited consideration in each chamber of spending review legislation if such report indicates OASDI Trust Fund insolvency or the non-sustainability of other specified direct spending. Replaces the requirement that budget resolutions include new budget authority and outlays for each major functional category with a requirement that they include subtotals of new budget authority and outlays for nondefense discretionary spending, defense discretionary spending, Medicare, Medicaid and other health-related spending, other direct spending (excluding interest), contingencies, and net interest. Requires budget resolutions to set forth appropriate levels, as a percent of the current GDP, for total federal revenues, total outlays, debt held by the public, and the surplus or deficit in the budget for the 10th, 20th, and 30th fiscal years after the last fiscal year of the budget resolution (long-term budgeting). Requires inclusion in a budget resolution of specified long-term reconciliation directives. Requires CBO to estimate whether each measure reported from committee (except those under the Committee on Appropriations) causes a net increase in direct spending in excess of $5 billion in any of the four ensuing 10-year periods. Makes it out of order in both chambers to consider any measure that causes such a net increase in deficits. Requires CBO to prepare a specified long-term cost analysis and submit it to the requesting chairman or ranking member of the congressional budget committee or of the committee of jurisdiction for: (1) major legislation reported by any congressional committee, and (2) any bill or resolution requested by such chairman or ranking member. Requires inclusion of specified long-term budgeting in the President's budget submission. Requires the Government Accountability Office (GAO) to report, in the President's budget submission, on the federal government's financial condition, including the long-term unfunded obligations. Amends the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 to revise legislative procedures for congressional consideration of the President's proposed legislation in response to a Medicare funding warning (Medicare trigger). Requires the appropriate chairman of the congressional budget committee to adjust the appropriate allocations, aggregates, and other levels to reflect the budget impact achieved by such introduced legislation for CBA purposes, the Gramm-Rudman-Hollings Act, the Rules of the House of Representatives, or the Standing Rules of the Senate.

{"src": "billsum_train", "title": "To amend the Balanced Budget and Emergency Deficit Control Act of 1985 to provide for long-term budgeting, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Truth in Budgeting Act''. SEC. 2. BUDGETARY TREATMENT OF INLAND WATERWAYS TRUST FUND AND HARBOR MAINTENANCE TRUST FUND. Notwithstanding any other provision of law, the receipts and disbursements of the Inland Waterways Trust Fund and the Harbor Maintenance Trust Fund-- (1) shall not be counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of-- (A) the budget of the United States Government as submitted by the President, (B) the congressional budget (including allocations of budget authority and outlays provided therein), or (C) the Balanced Budget and Emergency Deficit Control Act of 1985; and (2) shall be exempt from any general budget limitation imposed by statute on expenditures and net lending (budget outlays) of the United States Government. SEC. 3. SAFEGUARDS AGAINST DEFICIT SPENDING OUT OF THE INLAND WATERWAYS TRUST FUND AND HARBOR MAINTENANCE TRUST FUND. (a) Estimates of Unfunded Authorizations and Net Receipts.--Not later than March 31 of each year, the Secretary of the Army, in consultation with the Secretary of the Treasury, shall estimate-- (1) the amount which would (but for this section) be the unfunded inland waterways authorizations and unfunded harbor maintenance authorizations at the close of the first fiscal year that begins after that March 31; and (2) the net inland waterways receipts and net harbor maintenance receipts at the close of such fiscal year. (b) Procedure if Excess Authorizations.--If the Secretary of the Army determines with respect to the Inland Waterways Trust Fund or the Harbor Maintenance Trust Fund for any fiscal year that the amount described in subsection (a)(1) exceeds the amount described in subsection (a)(2), the Secretary shall determine the amount of such excess. (c) Adjustment of Authorizations if Unfunded Authorizations Exceed Receipts.-- (1) Determination of percentage.--If the Secretary of the Army determines that there is an excess referred to in subsection (b) for a fiscal year, the Secretary of the Army shall determine the percentage which-- (A) such excess, is of (B) the total of the amounts authorized to be appropriated from the Inland Waterways Trust Fund or the Harbor Maintenance Trust Fund, as the case may be, for the next fiscal year. (2) Adjustment of authorizations.--If the Secretary of the Army determines a percentage under paragraph (1), each amount authorized to be appropriated from the Trust Fund for the next fiscal year shall be reduced by such percentage. (d) Availability of Amounts Previously Withheld.--If, after an adjustment has been made under subsection (c)(2), the Secretary of the Army determines with respect to the Inland Waterways Trust Fund or the Harbor Maintenance Trust Fund that the amount described in subsection (a)(1) does not exceed the amount described in subsection (a)(2) or that the excess referred to in subsection (b) with respect to the Trust Fund is less than the amount previously determined, each amount authorized to be appropriated that was reduced under subsection (c)(2) with respect to the Trust Fund shall be increased, by an equal percentage, to the extent the Secretary of the Army determines that it may be so increased without causing the amount described in subsection (a)(1) to exceed with respect to the Trust Fund the amount described in subsection (a)(2) (but not by more than the amount of the reduction). (e) Reports.--Any estimate under subsection (a) and any determination under subsection (b), (c), or (d) shall be reported by the Secretary of the Army to Congress. SEC. 4. DEFINITIONS. For purposes of this Act, the following definitions apply: (1) Harbor maintenance trust fund.--The term ``Harbor Maintenance Trust Fund'' means the Harbor Maintenance Trust Fund established by section 9505 of the Internal Revenue Code of 1986. (2) Inland waterways trust fund.--The term ``Inland Waterways Trust Fund'' means the Inland Waterways Trust Fund established by section 9506 of the Internal Revenue Code of 1986. (3) Net harbor maintenance receipts.--The term ``net harbor maintenance receipts'' means, with respect to any period, the receipts (including interest) of the Harbor Maintenance Trust Fund during such period. (4) Net inland waterways receipts.--The term ``net inland waterways receipts'' means, with respect to any period, the receipts (including interest) of the Inland Waterways Trust Fund during such period. (5) Unfunded inland waterways authorizations.--The term ``unfunded inland waterways authorizations'' means, at any time, the excess (if any) of-- (A) the total amount authorized to be appropriated from the Inland Waterways Trust Fund which has not been appropriated, over (B) the amount available in the Inland Waterways Trust Fund at such time to make such appropriations. (6) Unfunded harbor maintenance authorizations.--The term ``unfunded harbor maintenance authorizations'' means, at any time, the excess (if any) of-- (A) the total amount authorized to be appropriated from the Harbor Maintenance Trust Fund which has not been appropriated, over (B) the amount available in the Harbor Maintenance Trust Fund at such time to make such appropriations. SEC. 5. APPLICABILITY. This Act (including the amendments made by this Act) shall apply to fiscal years beginning after September 30, 2000.

Requires the Secretary of the Army to estimate annually: (1) what, but for this Act, would be at the close of the next fiscal year the amount of unfunded inland waterways and harbor maintenance authorizations; and (2) the net inland waterways and harbor maintenance receipts at the close of such year.

{"src": "billsum_train", "title": "Truth in Budgeting Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Detectives Nemorin and Andrews Anti- Gun Trafficking Act of 2003''. SEC. 2. FINDINGS. The Congress finds the following: (1) Illegal gun traffickers are a principal source of firearms for criminals. (2) Illegal gun traffickers are often criminals in other respects, and gun trafficking investigations provide another means to prevent them from harming the community. (3) Criminals obtain their guns from the illegal market by a variety of sources, such as from-- (A) corrupt Federal firearm licensees, who are associated with the largest number of illegally trafficked firearms--nearly 40,000 firearms over the 30-month period from July 1996 through December 1998; (B) straw purchasers, who buy firearms for persons prohibited from receiving firearms, and who are the most common channel in gun trafficking investigations, accounting for almost half of all such investigations over the 30-month period from July 1996 through December 1998; and (C) firearms thefts, with investigations involving firearms stolen from residences or federally licensed firearms dealers being associated with over 9,000 trafficked firearms over the 30-month period from July 1996 through December 1998. (4) The Bureau of Alcohol, Tobacco, Firearms, and Explosives has discerned significant interstate patterns in illegal gun trafficking, including the trafficking of firearms between the Southeast and Northeast; from the South into the Midwest and from California into other western States. Nationally, slightly less than half of all gun trafficking investigations involve interstate gun trafficking. SEC. 3. ILLEGAL GUN TRAFFICKING. Section 924 of title 18, United States Code, is amended by adding at the end the following: ``(p)(1) Whoever, in or affecting interstate or foreign commerce in violation of subsection (a)(6), (g), or (n) of section 922 or subsection (c) of this section-- ``(A) offers for sale, transfer, or barter 2 or more firearms, at least 2 of which are handguns, semiautomatic assault weapons, short-barreled shotguns, short-barreled rifles, or machineguns; and ``(B) at least 1 of the firearms-- ``(i) is transported, received, or possessed by the person, and-- ``(I) is stolen; or ``(II) has had the importer's or manufacturer's serial number removed, obliterated, or altered; or ``(ii) is offered by the person for sale, transfer, or barter to another person who-- ``(I) is prohibited from possessing a firearm under subsection (g) or (n) of section 922; ``(II) is prohibited by State law from possessing a firearm; ``(III) has not attained 18 years of age, except as otherwise allowed under Federal or State law; ``(IV) is in a school zone; or ``(V) has travelled from any State into any other State, and acquires or attempts to acquire the firearm otherwise in violation of Federal or State law, shall be fined under this title, imprisoned not more than 20 years, or both. ``(2) Paragraph (1) shall not apply to conduct of a licensed dealer at the premises from which the licensed dealer conducts business subject to the license, or pursuant to section 923(j).''. SEC. 4. EXPANSION OF PROJECT SAFE NEIGHBORHOODS. Section 104 of the 21st Century Department of Justice Appropriations Authorization Act (Public Law 107-273) is amended-- (1) in subsection (a), by inserting ``, illegal gun trafficking,'' after ``violence'' ; and (2) in subsection (b), by striking ``2002'' and inserting ``2004''. SEC. 5. REPORT TO THE CONGRESS. Beginning in calendar year 2005, the Attorney General shall submit biennially to the Congress a written report, covering the preceding 2 years, which specifies-- (1) the State of origin for each firearm, used in a crime, that was traced by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the State in which the firearm was recovered; (2) the total number of firearms so traced, by manufacturer, model, and type of firearm; (3) the name of Federal firearms licensees who have had more than 50 firearms, used in a crime, traced back to them in a single year; and (4) the number of prosecutions for each individual offense under sections 922, 923, and 924 of title 18, United States Code. SEC. 6. ADDITIONAL PENALTY FOR POSSESSION OF A STOLEN FIREARM DURING THE COMMISSION OF A FELONY. Section 924 of title 18, United States Code is amended by adding at the end the following: ``(q)(1) Whoever, during and in relation to the commission of a crime punishable by imprisonment for a term exceeding one year, receives, possesses, conceals, barters, sells, or disposes of any stolen firearm or stolen ammunition, in or affecting interstate or foreign commerce, whether or not the person is aware that the firearm or ammunition is stolen, shall, in addition to the punishment provided for the crime so punishable, be sentenced to a term of imprisonment of not more than 5 years. ``(2) Paragraph (1) shall not apply if the person obtained the firearm or ammunition from a licensed dealer at the place of business specified on the license of the dealer issued under this chapter.''. SEC. 7. NATIONAL CRIME INFORMATION CENTER STOLEN GUN FILE. (a) Availability.--The Federal Bureau of Investigation shall make available to the Bureau of Alcohol, Tobacco, Firearms, and Explosives the National Crime Information Center Gun File for the purpose of enabling the Bureau of Alcohol, Tobacco, Firearms, and Explosives to access the file while completing a crime gun trace. (b) Use.--The Bureau of Alcohol, Tobacco, Firearms, and Explosives shall conduct a search of the National Crime Information Center Stolen Gun File with respect to each firearm submitted to the Bureau of Alcohol, Tobacco, Firearms, and Explosives for tracing. (c) Notification Regarding Stolen Firearms.--If a law enforcement agency requests the Bureau of Alcohol, Tobacco, Firearms, and Explosives to trace a firearm, and the National Crime Information Center Stolen Gun File indicates that the firearm is stolen, then the Bureau of Alcohol, Tobacco, Firearms, and Explosives shall notify the law enforcement agency of that information and provide the law enforcement agency with any available information regarding the owner of the firearm. (d) Return of Stolen Firearms Possessed by BATFE.--If the Bureau of Alcohol, Tobacco, Firearms, and Explosives possesses a firearm which the National Crime Information System Gun File indicates is stolen, the Bureau shall return the firearm to the person who reported the firearm stolen, when the Bureau determines that-- (1) the firearm is no longer needed for criminal investigation or evidentiary purposes; and (2) the person is entitled to possess the firearm. (e) Use by Federal Firearms Licensees Enrolled in the NICS System.--Within 2 years after the date of the enactment of this Act, the Federal Bureau of Investigation, shall allow all Federal firearms licensees enrolled in the National Instant Criminal Background Check System to conduct a search of the National Crime Information Center Stolen Gun File with respect to any firearm the licensee purchases, receives, possesses, or accepts as security for a loan, from any person not licensed under section 923 of title 18, United States Code. SEC. 8. ADDITIONAL PENALTY FOR POSSESSION OF A FIREARM WITH AN OBLITERATED SERIAL NUMBER DURING THE COMMISSION OF A FELONY. Section 924 of title 18, United States Code, is amended by adding at the end the following: ``(r) Whoever, during and in relation to the commission of a crime punishable by imprisonment for a term exceeding one year, transports, possesses, or receives, in or affecting interstate or foreign commerce, a firearm which has had the importer's or manufacturer's serial number removed, obliterated, or altered, regardless of whether or not the person is aware of the removal, obliteration, or alteration, shall, in addition to the punishment provided for the crime so punishable, be sentenced to a term of imprisonment of not more than 5 years.''. SEC. 9. ENHANCED PENALTIES FOR THE USE OF A STOLEN FIREARM OR A FIREARM WITH AN OBLITERATED SERIAL NUMBER DURING THE COMMISSION OF A CRIME OF VIOLENCE OR DRUG TRAFFICKING CRIME. Section 924(c)(1)(A) of title 18, United States Code, is amended-- (1) in clause (i), by inserting ``, or if the firearm was stolen or had the manufacturer's serial number removed, obliterated, or altered, not less than 7 years''after ``years''; (2) in clause (ii), by inserting ``, or if the firearm was stolen or had the manufacturer's serial number removed, obliterated, or altered, not less than 9 years''after ``years''; and (3) in clause (iii), by inserting ``, or if the firearm was stolen or had the manufacturer's serial number removed, obliterated, or altered, not less than 12 years''after ``years''.

Detectives Nemorin and Andrews Anti-Gun Trafficking Act of 2003 - Amends the Brady Handgun Violence Prevention Act to prohibit the sale, transfer, or barter of two or more firearms, at least two of which are handguns, semiautomatic assault weapons, short-barreled shotguns, short-barreled rifles, or machine-guns, where at least one of the firearms: (1) is stolen or has had the importer's or manufacturer's serial number removed, obliterated, or altered; or (2) is offered by the person for sale, transfer, or barter to another person who is prohibited from owning a firearm, is under age 18, is in a school zone, or has travelled from another State and attempts to acquire the firearm in violation of law. Amends the 21st Century Department of Justice Appropriations Authorization Act to: (1) direct that illegal gun trafficking be addressed as part of Project Safe Neighborhoods; and (2) extend through FY 2004 the authorization for hiring additional Assistant U.S. Attorneys. Requires the Attorney General to report to Congress on traced firearms used in crimes, the Federal licensees who had more than 50 firearms traced to them in a year, and on prosecutions for individual firarms transaction offenses. Directs the Federal Bureau of Investigation to: (1) make available to the Bureau of Alcohol, Tobacco, Firearms, and Explosives the National Crime Information Center Gun File to complete a crime gun trace; and (2) allow all Federal firarms licensees enrolled in the National Instant Criminal Background Check System to search the File with respect to any firearm the licensee receives from any person not licensed. Sets forth additional penalties for possession, sale, or use of a stolen firearm (regardless of whether the person was aware that it was stolen) or a firearm with an obliterated serial number in the commission of a crime punishable by inprisonment for more than one year or a crime of violence.

{"src": "billsum_train", "title": "To combat illegal gun trafficking, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ukraine Security Assistance Act of 2014''. SEC. 2. SECURITY ASSISTANCE FOR UKRAINE. (a) In General.--Notwithstanding any other provision of law limiting the assistance to be provided under this section, beginning on the date following the date of completion of the assessment required by subsection (b), the President is authorized to provide to the Government of Ukraine upon that Government's request, as appropriate and in a manner consistent with the capabilities and needs of the armed forces of Ukraine identified in such assessment, the following defense articles, services, and training: (1) Weapons and ammunition, as identified in such assessment. (2) Night navigation equipment. (3) Mine Resistant Ambush Protected vehicles. (4) High Mobility Multipurpose Wheeled Vehicles. (5) Inflatable boats. (6) Body armor. (7) Fire control, range finder, optical and guidance and control equipment. (8) Explosive disposal and improvised explosive device detection equipment. (9) Mine detection equipment. (10) Chemical, biological, radiation, and nuclear detection, testing, and protection equipment. (11) Communications, logistic, combat support, medical equipment, rations, specialized equipment, and other defense articles, services, and training requested by the Government of Ukraine that the President determines to be appropriate. (b) Required Assessment.--No later than 15 days after the date of the enactment of this Act, the Secretary of Defense shall conduct an assessment, or complete any ongoing assessment, of the capabilities and needs of the armed forces of Ukraine and shall ensure that it includes-- (1) an assessment of the releasability of the equipment set forth in subsection (a), equipment requested by the Government of Ukraine, or equipment that may foreseeably be requested based on the current state of the armed forces of Ukraine; and (2) an assessment of the need for, appropriateness of, and force protection concerns of any United States military advisors to be made available to the armed forces of Ukraine. (c) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of State $100,000,000 for fiscal year 2015 to carry out the activities set forth in subsection (a). (d) Authority for Use of Funds.--The funds made available pursuant to subsection (c) for the provision of defense articles, services, and training may be used to procure such assistance from the United States Government or other appropriate sources. (e) Provision of Assessment to Congress.--Not later than 7 days following the completion of the assessment required by subsection (b), the President shall provide such assessment to the appropriate congressional committees. SEC. 3. SENSE OF CONGRESS ON INTELLIGENCE SHARING WITH UKRAINE. It is the sense of Congress that the President, subject to the discretion of the President so as to protect sources and methods of intelligence collection and to protect the capabilities of the intelligence community and the United States Armed Forces, should-- (1) provide the Government of Ukraine with appropriate intelligence and other information to assist the Government of Ukraine-- (A) to determine the location, strength, and capabilities of the military and intelligence forces of the Russian Federation located on the eastern border of Ukraine and within the territorial borders of Ukraine, including Crimea; and (B) to respond effectively to further aggression by military and intelligence forces of the Russian Federation; (2) take steps to ensure that such intelligence information is fully and appropriately protected from further disclosure, including limiting, as appropriate, the provision and nature of such intelligence information; (3) provide, within 7 days of provision of intelligence information to the Government of Ukraine, a report to the appropriate congressional committees detailing the disclosure; and (4) provide, within 7 days of receipt of a request for intelligence information from the Government of Ukraine, a report to the appropriate congressional committees detailing the request. SEC. 4. MAJOR NON-NATO ALLY STATUS FOR UKRAINE. (a) In General.--During the period in which Ukraine meets the criteria set forth in subsection (b), notwithstanding any other provision of law, for purposes of the transfer or possible transfer of defense articles or defense services under the Arms Export Control Act (22 U.S.C. 2751 et seq.), the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), or any other provision of law, Ukraine shall be treated as though it were designated a major non-NATO ally (as defined in section 644(q) of the Foreign Assistance Act of 1961 (22 U.S.C. 2403(q))). (b) Criteria for Treatment as a Major Non-NATO Ally.--In order to be treated as a major non-NATO ally pursuant to subsection (a), Ukraine must-- (1) have a democratically elected government that came to power pursuant to free and fair elections; (2) cooperate fully with the United States on matters of mutual security concern, including counterterrorism matters; and (3) respect the political and legal rights of its citizens, including maintaining the right of its citizens to democratically elect their government. (c) Report.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the President shall provide to the appropriate congressional committees a report assessing whether Ukraine should continue to be treated, for purposes of the transfer or possible transfer of defense articles or defense services, as a major non-NATO ally and whether the treatment should be expanded or reduced. SEC. 5. EXPANDED SECURITY FORCE TRAINING, ASSISTANCE AND DEFENSE COOPERATION WITH UKRAINE. (a) Expanded Training and Assistance.--The President shall take steps, consistent with the President's responsibility as Commander in Chief, to substantially increase, within one year after the date of the enactment of this Act-- (1) the military-to-military interactions of United States Armed Forces with the armed forces of Ukraine, including specifically utilizing the National Guard State Partnership Program and increasing the current tempo of military exercises and training efforts and exchanges with such armed forces; and (2) United States and NATO security assistance to Ukraine. (b) Bilateral and Multilateral Defense Cooperation Agreements.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense, shall seek to enter into negotiations with Ukraine to establish new, or strengthen existing, bilateral and multilateral defense cooperation agreements, including agreements related to cyber defense cooperation. (c) Report.--Not later than 90 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report detailing the specific efforts being undertaken and planned to be undertaken by the United States Government to implement the increased military-to- military interactions and security assistance required by subsection (a) and to undertake the negotiations required by subsection (c). SEC. 6. DEFINITION. In this Act, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations, the Committee on Appropriations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives.

Ukraine Security Assistance Act of 2014 - Authorizes the the President to provide Ukraine with specified defense articles, services, and training. Directs the Secretary of Defense (DOD) to conduct or complete an ongoing assessment of the capabilities and needs of Ukraine's armed forces, and provide it to Congress. Expresses the sense of Congress that the President should: provide Ukraine with appropriate intelligence and other information to determine the location, strength, and capabilities of the military and intelligence forces of the Russian Federation located on Ukraine's eastern border and within its territorial borders, including Crimea; take steps to ensure that such intelligence information is protected from further disclosure; and report to Congress detailing such disclosure. States that during the period in which Ukraine meets specified democratic government and security cooperation criteria it shall be treated as a major non-North Atlantic Treaty Organization (NATO) ally. Directs the President to increase: (1) military-to-military interactions of the U.S. Armed Forces with the armed forces of Ukraine, and (2) U.S. and NATO security assistance to Ukraine. Directs the Secretary of State to seek to enter into negotiations with Ukraine to establish new, or strengthen existing, bilateral and multilateral defense cooperation agreements, including agreements related to cyber defense cooperation.

{"src": "billsum_train", "title": "Ukraine Security Assistance Act of 2014"}