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SECTION 1. SHORT TITLE. This Act may be cited as the ``Washington National Opera Commemorative Coin Act of 2004''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The Washington National Opera has served as the Nation's opera since its creation in 1956. (2) In 2000, the Washington Opera was designated the ``National Opera'' by an Act of Congress to reflect the significant national arts leadership role of the Opera. (3) The Washington National Opera educates and inspires students of all ages through engaging educational programs and innovative partnerships that broaden public awareness and appreciation for opera and are accessible to people of all abilities through needs-based scholarships and accommodations. (4) The education programs of the Washington National Opera strengthen and enhance local, State, and national standards for learning. (5) The Washington National Opera has worked since its inception to encourage the development of gifted young American artists. (6) It is appropriate to authorize coins commemorating the 20th anniversary of the Washington National Opera Education and Community Programs with proceeds from the sale of the coins being deposited for the Washington National Opera Education and Community Program with the specific purpose of aiding in the education of students, broadening awareness and appreciation for opera, and enriching standards for learning. SEC. 3. COIN SPECIFICATIONS. (a) $1 Coins.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 300,000 $1 coins, each of which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the Washington National Opera. (2) Designation and inscriptions.--On each coin minted under this Act, there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2010''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts and the Board of Directors of the Washington National Opera (hereafter in this Act referred to as the ``Board''); and (2) reviewed by the Citizens Coinage Advisory Committee established under section 5135 of title 31, United States Code. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Not more than 1 facility of the United States Mint may be used to strike the coins minted under this Act. (c) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning January 1, 2010, except that the Secretary may initiate sales of such coins, without issuance, before such date. (d) Termination of Minting Authority.--No coins shall be minted under this Act after December 31, 2010. (e) First Use of Year 2010 Date.--The coins minted under this Act shall be the first commemorative coins of the United States to be issued bearing the inscription of the year ``2010''. (f) Promotion Consultation.--The Secretary shall consult on a regular and frequent basis with the Board in order to establish a role for the Board in the promotion, advertising and marketing of the coins minted under this Act. SEC. 6. SALE OF COINS. (a) Sale Price.--Notwithstanding any other provision of law, the coins issued under this Act shall be sold by the Secretary at a price equal to-- (1) the face value of the coins; (2) the surcharge provided in section 7 with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders at a Discount.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) Surcharge Required.--All sales of coins under this Act shall include a surcharge of $10 per coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges which are received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Board on behalf of the Washington National Opera Education and Community Program to be used to aid in the education of students, broadening awareness and appreciation for opera, and enriching standards for learning. (c) Audits.--The Board and the Washington National Opera Education and Community Program shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code.

Washington National Opera Commemorative Coin Act of 2004 - Directs the Secretary of the Treasury to mint, until December 31, 2010, coins in commemoration of the Washington National Opera. Provides for the issuance and sale of such coins.

{"src": "billsum_train", "title": "To require the Secretary of the Treasury to mint coins in commemoration of the Washington National Opera, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fiscal Year 2010 Federal Aviation Administration Extension Act''. SEC. 2. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST FUND. (a) Fuel Taxes.--Subparagraph (B) of section 4081(d)(2) of the Internal Revenue Code of 1986 is amended by striking ``September 30, 2009'' and inserting ``December 31, 2009''. (b) Ticket Taxes.-- (1) Persons.--Clause (ii) of section 4261(j)(1)(A) of the Internal Revenue Code of 1986 is amended by striking ``September 30, 2009'' and inserting ``December 31, 2009''. (2) Property.--Clause (ii) of section 4271(d)(1)(A) of such Code is amended by striking ``September 30, 2009'' and inserting ``December 31, 2009''. (c) Effective Date.--The amendments made by this section shall take effect on October 1, 2009. SEC. 3. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE AUTHORITY. (a) In General.--Paragraph (1) of section 9502(d) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``October 1, 2009'' and inserting ``January 1, 2010''; and (2) by inserting ``or the Fiscal Year 2010 Federal Aviation Administration Extension Act'' before the semicolon at the end of subparagraph (A). (b) Conforming Amendment.--Paragraph (2) of section 9502(e) of such Code is amended by striking ``October 1, 2009'' and inserting ``January 1, 2010''. (c) Effective Date.--The amendments made by this section shall take effect on October 1, 2009. SEC. 4. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM. (a) Authorization of Appropriations.-- (1) In general.--Section 48103 of title 49, United States Code, is amended-- (A) by striking ``and'' at the end of paragraph (5); (B) by striking the period at the end of paragraph (6) and inserting ``; and''; and (C) by adding at the end the following: ``(7) $1,000,000,000 for the 3-month period beginning on October 1, 2009.''. (2) Obligation of amounts.--Sums made available pursuant to the amendment made by paragraph (1) may be obligated at any time through September 30, 2010, and shall remain available until expended. (b) Project Grant Authority.--Section 47104(c) of such title is amended by striking ``September 30, 2009,'' and inserting ``December 31, 2009,''. SEC. 5. EXTENSION OF EXPIRING AUTHORITIES. (a) Section 40117(l)(7) of title 49, United States Code, is amended by striking ``October 1, 2009.'' and inserting ``January 1, 2010.''. (b) Section 41743(e)(2) of such title is amended by striking ``2009'' and inserting ``2010''. (c) Section 44302(f)(1) of such title is amended-- (1) by striking ``September 30, 2009,'' and inserting ``December 31, 2009,''; and (2) by striking ``December 31, 2009,'' and inserting ``March 31, 2010,''. (d) Section 44303(b) of such title is amended by striking ``December 31, 2009,'' and inserting ``March 31, 2010,''. (e) Section 47107(s)(3) of such title is amended by striking ``October 1, 2009.'' and inserting ``January 1, 2010.''. (f) Section 47115(j) of such title is amended by inserting ``and for the portion of fiscal year 2010 ending before January 1, 2010,'' after ``2009,''. (g) Section 47141(f) of such title is amended by striking ``September 30, 2009.'' and inserting ``December 31, 2009.''. (h) Section 49108 of such title is amended by striking ``September 30, 2009,'' and inserting ``December 31, 2009,''. (i) Section 161 of the Vision 100--Century of Aviation Reauthorization Act (49 U.S.C. 47109 note) is amended by inserting ``, or in the portion of fiscal year 2010 ending before January 1, 2010,'' after ``fiscal year 2009''. (j) Section 186(d) of such Act (117 Stat. 2518) is amended by inserting ``and for the portion of fiscal year 2010 ending before January 1, 2010,'' after ``2009,''. (k) Section 409(d) of such Act (49 U.S.C. 41731 note) is amended by striking ``September 30, 2009.'' and inserting ``September 30, 2010.''. (l) The amendments made by this section shall take effect on October 1, 2009. SEC. 6. FEDERAL AVIATION ADMINISTRATION OPERATIONS. Section 106(k)(1) of title 49, United States Code, is amended-- (1) by striking ``and'' at the end of subparagraph (D); (2) by striking the period at the end of subparagraph (E) and inserting ``; and''; and (3) by adding at the end the following: ``(F) $2,338,287,375 for the 3-month period beginning on October 1, 2009.''. SEC. 7. AIR NAVIGATION FACILITIES AND EQUIPMENT. Section 48101(a) of title 49, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (4); (2) by striking the period at the end of paragraph (5) and inserting ``; and''; and (3) by adding at the end the following: ``(6) $733,444,250 for the 3-month period beginning on October 1, 2009.''. SEC. 8. RESEARCH, ENGINEERING, AND DEVELOPMENT. Section 48102(a) of title 49, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (12); (2) by striking the period at the end of paragraph (13) and inserting ``; and''; and (3) by adding at the end the following: ``(14) $46,250,000 for the 3-month period beginning on October 1, 2009.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Fiscal Year 2010 Federal Aviation Administration Extension Act - Amends the Internal Revenue Code to extend through December 31, 2009: (1) excise taxes on aviation fuels and air transportation of persons and property; and (2) the expenditure authority for the Airport and Airway Trust Fund. Authorizes appropriations through the three-month period beginning on October 1, 2009, for airport improvement program (AIP) projects, including project grant authority. Extends through December 31, 2009, various airport development projects, including: (1) the pilot program for passenger facility fees at nonhub airports; (2) small airport grants for airports located in the Marshall Islands, Micronesia, and Palau; (3) state and local airport land use compatibility projects; (4) the authority of the Metropolitan Washington Airports Authority to apply for an airport development grant and impose a passenger facility fee; (5) the temporary increase to 95% in the government share of certain AIP project costs; and (6) Midway Island airport development. Extends through FY2010 the authorization of appropriations for agreements the Secretary of Transportation makes for assistance under the small community air service development program. Extends through December 31, 2009, Department of Transportation (DOT) insurance coverage for domestic and foreign-flag air carriers. Allows further extension through March 31, 2010. Extends through March 31, 2010, air carrier liability limits for injuries to passengers resulting from acts of terrorism. Extends through December 31, 2009, certain competitive access assurance requirements for large or medium hub airport sponsors applying for AIP grants. Extends through FY2010 the termination date of any order issued by the Secretary with respect to the eligibility of certain places for essential air service compensation. Extends through the three-month period beginning on October 1, 2009, the authorization of appropriations for: (1) Federal Aviation Administration (FAA) operations; (2) air navigation facilities and equipment; and (3) research, engineering, and development.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to extend the funding and expenditure authority of the Airport and Airway Trust Fund, to amend title 49, United States Code, to extend authorizations for the airport improvement program, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Salad Bars in Schools Expansion Act''. SEC. 2. FINDINGS. Congress finds the following: (1) In the United States, one-third of all school-aged children are overweight or obese and very few eat the daily amount of fruits and vegetables recommended by national health authorities. (2) On average, more than 30 million children participate in the National School Lunch Program daily, with more than 70 percent qualifying for free or reduced-price meals based on family household income. (3) Improving the healthfulness of school meals, including serving more fruits and vegetables, will improve children's eating habits and their health. The Dietary Guidelines for Americans recommends that children ``make half their plate fruits and vegetables'' at each meal. (4) Research indicates that school salad bars are an effective strategy to increase children's consumption of a wide variety of fruits and vegetables. (5) Salad bars are one of the easiest ways for school food authorities to meet the new school lunch nutrition standards that require serving a fruit and a vegetable every day, a colorful variety of vegetables every week, and that students select at least one-half cup of a fruit or a vegetable at lunch. (6) Salad bars are effective in elementary, middle, and high school, they empower students to try new fruits and vegetables and are a tangible example of a school's commitment to wellness and healthier school meals. SEC. 3. EXPANSION OF SALAD BARS. Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended by adding at the end the following: ``(l) Expansion of Salad Bars.-- ``(1) Marketing and communications plan.--Not later than 90 days after the date of the enactment of the Salad Bars in Schools Expansion Act, the Secretary shall establish and implement a plan to promote the use of salad bars in schools participating in the school lunch program established under this Act. ``(2) Training and technical assistance.--In carrying out the plan described in paragraph (1), the Secretary shall provide training and technical assistance to eligible entities to assist the entities in establishing salad bars in schools. Such training and technical assistance may include: ``(A) webinars; ``(B) training workshops; ``(C) implementation resources; ``(D) nutrition education; and ``(E) strategies for parent engagement and encourage collaboration with allied organizations and partners. ``(3) Grant program.-- ``(A) In general.--In carrying out the plan described in paragraph (1), the Secretary shall establish a grant program under which the Secretary shall provide grants, on a competitive basis, to eligible entities selected under subparagraph (C). ``(B) Use of funds.--Each eligible entity receiving a grant under this subsection shall use the grant funds to award schools a one-time payment equal to the anticipated cost of installing a salad bar, including the purchase of any durable equipment required for a salad bar. ``(C) Application.-- ``(i) In general.--To receive a grant under this subsection, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(ii) Priority.--In selecting grant recipients, the Secretary may give priority to eligible entities that-- ``(I) serve schools in which not less than 50 percent of the students are eligible for free or reduced price lunches; ``(II) serve schools in food deserts; or ``(III) provide nutrition education to students. ``(D) Termination.--The grant program shall terminate 5 years after the date of the enactment of the Salad Bars in Schools Expansion Act. ``(E) Evaluation.--Each grantee shall submit to the Secretary an evaluation of the grant program at such time, in such manner, and containing such information as the Secretary may require. ``(4) Report.--Not later than 1 year after the date of the enactment of the Salad Bars in Schools Expansion Act, the Secretary shall submit a report to the Committee on Education and the Workforce and the Committee on Agriculture of the House of Representatives, and the Committee on Agriculture, Nutrition, and Forestry of the Senate, which includes-- ``(A) recommendations, if any, for promoting and establishing more salad bars in schools; ``(B) the number of schools nationwide that have a salad bar program in their school; ``(C) the number of schools that have new salad bars as a result of the plan described in paragraph (1); and ``(D) the evaluations submitted by grantees under paragraph (4)(E). ``(5) Revision of guidance on salad bars in the national school lunch program.--Not later than 90 days after submitting the report under paragraph (4), the Secretary shall revise the March 27, 2013, policy memorandum SP 31-2013, `Salad Bars in the National School Lunch Program', in light of any recommendations contained in the report. ``(6) Definitions.--In this subsection: ``(A) Durable equipment.--The term `durable equipment' means durable food preparation, handling, cooking, serving, and storage equipment greater than $500 in value. ``(B) Eligible entity.--The term `eligible entity' means-- ``(i) a school; or ``(ii) a school food authority. ``(C) Food desert.--The term `food desert' means a census tract with a substantial share of residents who live in low-income areas that have low levels of access to a grocery store or a healthy, affordable food retail outlet.''. SEC. 4. PROHIBITION ON NEW APPROPRIATIONS. No additional funds are authorized to be appropriated to carry out this Act and the amendments made by this Act, and this Act and such amendments shall be carried out using amounts otherwise made available for such purposes.

Salad Bars in Schools Expansion Act This bill amends the Richard B. Russell National School Lunch Act to require the Department of Agriculture (USDA) to establish and implement a plan, including through a five-year program of competitive grants, to promote the use of salad bars in schools participating in the school lunch program. Priority in the award of grants may be given to entities that: (1) serve schools in which at least 50% of the students are eligible for free or reduced-price lunches or that are located in food deserts, or (2) provide nutrition education. (A food desert is an area without ready access to fresh, healthful, and affordable food.) USDA shall revise the March 27, 2013, policy memorandum SP 31-2013, "Salad Bars in the National School Lunch Program," in light of recommendations submitted to Congress under this Act.

{"src": "billsum_train", "title": "Salad Bars in Schools Expansion Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhanced Clinical Trial Design Act of 2017''. SEC. 2. PATIENT ACCESS TO EXPERIMENTAL TREATMENTS. (a) Public Meeting.-- (1) 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, in coordination with the Director of the National Institutes of Health, and in consultation with patients, health care providers, drug sponsors, bioethicists, and other stakeholders, shall, not later than 180 days after the date of enactment of this Act, convene a public meeting to discuss clinical trial inclusion and exclusion criteria to inform the guidance under subsection (c). The Secretary shall inform the Comptroller General of the United States of the date when the public meeting will take place. (2) Topics.--The Secretary shall provide a publicly available report on the topics discussed at the meeting described in paragraph (1) within 30 days of such meeting. Such topics shall include discussion of-- (A) the rationale for, and potential barriers for patients created by, clinical trial inclusion and exclusion criteria; (B) how patient populations most likely to be affected by a drug can benefit from the results of trials that employ alternative designs, as well as potential risks associated with alternative clinical trial designs; (C) barriers to participation in clinical trials, including-- (i) information regarding any potential risks and benefits of participation; (ii) regulatory, geographical, and socioeconomic barriers; and (iii) the impact of exclusion criteria on the enrollment in clinical trials of infants and children, pregnant and lactating women, seniors, individuals with advanced disease, and individuals with co-morbid conditions; (D) clinical trial designs and methods that increase enrollment of more diverse patient populations while facilitating the collection of data to support substantial evidence of safety and effectiveness; and (E) how changes to clinical trial inclusion and exclusion criteria may impact the complexity of the clinical trial design and length of clinical trials, and potential approaches to mitigating those impacts to ensure that the ability to demonstrate safety and effectiveness is not hindered through potential changes in eligibility criteria. (b) Report.--Not later than 1 year after the Secretary issues a report on the topics discussed at the public meeting under subsection (a)(2), the Comptroller General of the United States shall report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives on individual access to investigational drugs through the expanded access program under section 561(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb(b)). The report shall include-- (1) a description of actions taken by manufacturers under section 561A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-0); (2) consideration of whether Form FDA 3926 and the guidance document entitled ``Expanded Access to Investigational Drugs for Treatment Use--Questions and Answers'', issued by the Food and Drug Administration in June 2016, has reduced application burden with respect to individuals and physicians seeking access to investigational new drugs pursuant to section 561(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb) and improved clarity for patients, physicians, and drug manufacturers about such process; (3) consideration of whether the guidance or regulations released or updated under section 561 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb) have improved access for individual patients who do not qualify for clinical trials of such investigational drugs, and what barriers to such access remain; (4) an assessment of how patients and health care providers navigate different avenues to engage with the Food and Drug Administration or drug sponsors on expanded access; and (5) an analysis of the Secretary's report under subsection (a)(2). (c) Guidance.-- (1) In general.--Not later than 180 days after the publication of the report under subsection (a) the Secretary, acting through the Commissioner of Food and Drugs, shall issue one or more draft guidances regarding eligibility criteria for clinical trials. Not later than 18 months after the public comment period on each such draft guidance ends, the Secretary shall issue a revised draft guidance or final guidance. (2) Contents.--The guidance documents described in paragraph (1) shall address methodological approaches that a manufacturer or sponsor of an investigation of a new drug may take to-- (A) broaden eligibility criteria for clinical trials, especially with respect to drugs for the treatment of serious and life-threatening conditions or diseases for which there is an unmet medical need; and (B) develop eligibility criteria for, and increase trial recruitment to, clinical trials so that enrollment in such trials more accurately reflects the patients most likely to receive the drug, as applicable and as appropriate, while supporting findings of substantial evidence of safety and effectiveness. SEC. 3. IMPROVING INSTITUTIONAL REVIEW BOARD REVIEW OF SINGLE PATIENT EXPANDED ACCESS PROTOCOL. Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the ``Secretary''), acting through the Commissioner of Food and Drugs, shall issue guidance or regulations, or revise existing guidance or regulations, to streamline the institutional review board review for individual pediatric and adult patient expanded access protocol under 561(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb(b)). Such guidance or regulation may include a description of the conditions under which an institutional review board chair (or designee) may review individual patient expanded access protocol submitted under section 505(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)) for a drug and how centralized institutional review boards may facilitate the use of expanded access protocols. The Secretary shall update any relevant forms associated with individual patient expanded access protocol as necessary. SEC. 4. EXPANDED ACCESS POLICY TRANSPARENCY. Section 561A(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-0(f)) is amended-- (1) in the matter preceding paragraph (1), by striking ``later'' and inserting ``earlier''; (2) by striking paragraph (1); (3) by redesignating paragraph (2) as paragraph (1); (4) in paragraph (1) as so redesignated, by striking the period at the end and inserting ``; or''; and (5) by adding at the end the following: ``(2) as applicable, 15 days after the drug receives a designation as a breakthrough therapy, fast track product, or regenerative advanced therapy under subsection (a), (b), or (g), respectively, of section 506.''.

Enhanced Clinical Trial Design Act of 2017 This bill requires the Food and Drug Administration (FDA), in coordination with the National Institutes of Health, to convene a meeting to discuss clinical trial inclusion and exclusion criteria. The FDA must report on the meeting and issue guidance regarding eligibility criteria for clinical trials. The Government Accountability Office must report on individual access to investigational drugs for serious conditions through the FDA's expanded access program (i.e., compassionate use). The FDA must streamline review by institutional review boards of expanded access protocols for individual patients. The bill amends the Federal Food, Drug, and Cosmetic Act to require the manufacturer or distributor of an investigational drug for a serious condition that is designated a breakthrough therapy, fast track product, or regenerative advanced therapy to publish its expanded access policy not later than 15 days after the designation.

{"src": "billsum_train", "title": "Enhanced Clinical Trial Design Act of 2017"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Restore Open Government Act of 2004''. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of Contents. TITLE I--FREEDOM OF INFORMATION Sec. 101. Revocation of the Ashcroft Memo and the Card Memo. Sec. 102. Findings and policy relating to disclosure of information under the Freedom of Information Act. Sec. 103. Protection of voluntarily furnished confidential information. TITLE II--PRESIDENTIAL RECORDS Sec. 201. Revocation of Executive Order of November 1, 2001. TITLE III--ADVISORY COMMITTEES Sec. 301. Presidential inter-agency advisory committees. TITLE IV--CLASSIFICATION OF INFORMATION Sec. 401. Reducing excessive classification of information. TITLE V--OTHER PROVISIONS Sec. 501. Citizen actions. TITLE I--FREEDOM OF INFORMATION SEC. 101. REVOCATION OF THE ASHCROFT MEMO AND THE CARD MEMO. The ``Memorandum for Heads of all Federal Departments and Agencies'' on ``The Freedom of Information Act'' issued by Attorney General John Ashcroft on October 12, 2001, and the ``Memorandum for the Heads of Executive Department and Agencies'' on ``Action to Safeguard Information Regarding Weapons of Mass Destruction and Other Sensitive Documents Related to Homeland Security'' issued by Andrew H. Card, Jr., Assistant to the President and Chief of Staff on March 19, 2002, shall have no force or effect. SEC. 102. FINDINGS AND POLICY RELATING TO DISCLOSURE OF INFORMATION UNDER THE FREEDOM OF INFORMATION ACT. (a) Findings.--Congress finds the following: (1) Public access to information held by the Federal Government is vitally important to the functioning of a democratic society. (2) The Freedom of Information Act was enacted to ensure such public access to information. (3) The Freedom of Information Act specifies limited exemptions to the general requirement for disclosure, where disclosure could potentially threaten other important public policy goals. (4) In establishing the categories of exempt information under the Freedom of Information Act, Congress allowed agencies to withhold information in those categories, but did not in any way mandate or encourage such withholding. (b) Policy.--The policy of the Federal Government is to release information to the public in response to a request under the Freedom of Information Act-- (1) if such release is required by law; or (2) if such release is allowed by law and the agency concerned does not reasonably foresee that disclosure would be harmful to an interest protected by an applicable exemption. (c) Guidance.--All guidance provided to Federal Government employees responsible for carrying out the Freedom of Information Act shall be consistent with the policy set forth in subsection (b). SEC. 103. PROTECTION OF VOLUNTARILY FURNISHED CONFIDENTIAL INFORMATION. (a) In General.--Title II of the Homeland Security Act of 2002 (Public Law 107-296) is amended by striking subtitle B and inserting the following: ``Subtitle B--Protection of Voluntarily Furnished Confidential Information ``SEC. 211. PROTECTION OF VOLUNTARILY FURNISHED CONFIDENTIAL INFORMATION. ``(a) Definitions.--In this section: ``(1) Critical infrastructure.--The term `critical infrastructure' has the meaning given that term in section 1016(e) of the USA PATRIOT ACT of 2001 (42 U.S.C. 5195c(e)). ``(2) Furnished voluntarily.-- ``(A) Definition.--The term `furnished voluntarily' means a submission of a record that-- ``(i) is made to the Department in the absence of authority of the Department requiring that record to be submitted; and ``(ii) is not submitted or used to satisfy any legal requirement or obligation or to obtain any grant, permit, benefit (such as agency forbearance, loans, or reduction or modifications of agency penalties or rulings), or other approval from the Government. ``(B) Benefit.--In this paragraph, the term `benefit' does not include any warning, alert, or other risk analysis by the Department. ``(b) In General.--Notwithstanding any other provision of law, a record pertaining to the vulnerability of and threats to critical infrastructure (such as attacks, response, and recovery efforts) that is furnished voluntarily to the Department shall not be made available under section 552 of title 5, United States Code, if-- ``(1) the provider would not customarily make the record available to the public; and ``(2) the record is designated and certified by the provider, in a manner specified by the Department, as confidential and not customarily made available to the public. ``(c) Records Shared With Other Agencies.-- ``(1) In general.-- ``(A) Response to request.--An agency in receipt of a record that was furnished voluntarily to the Department and subsequently shared with the agency shall, upon receipt of a request under section 552 of title 5, United States Code, for the record-- ``(i) not make the record available; and ``(ii) refer the request to the Department for processing and response in accordance with this section. ``(B) Segregable portion of record.--Any reasonably segregable portion of a record shall be provided to the person requesting the record after deletion of any portion which is exempt under this section. ``(2) Disclosure of independently furnished records.-- Notwithstanding paragraph (1), nothing in this section shall prohibit an agency from making available under section 552 of title 5, United States Code, any record that the agency receives independently of the Department, regardless of whether or not the Department has a similar or identical record. ``(d) Withdrawal of Confidential Designation.--The provider of a record that is furnished voluntarily to the Department under subsection (b) may at any time withdraw, in a manner specified by the Department, the confidential designation. ``(e) Procedures.--The Secretary shall prescribe procedures for-- ``(1) the acknowledgement of receipt of records furnished voluntarily; ``(2) the designation, certification, and marking of records furnished voluntarily as confidential and not customarily made available to the public; ``(3) the care and storage of records furnished voluntarily; ``(4) the protection and maintenance of the confidentiality of records furnished voluntarily; and ``(5) the withdrawal of the confidential designation of records under subsection (d). ``(f) Effect on State and Local Law.--Nothing in this section shall be construed as preempting or otherwise modifying State or local law concerning the disclosure of any information that a State or local government receives independently of the Department. ``(g) Report.-- ``(1) Requirement.--Not later than 18 months after the date of the enactment of the Restore Open Government Act of 2004, the Comptroller General of the United States shall submit to the committees of Congress specified in paragraph (2) a report on the implementation and use of this section, including-- ``(A) the number of persons in the private sector, and the number of State and local agencies, that furnished voluntarily records to the Department under this section; ``(B) the number of requests for access to records granted or denied under this section; and ``(C) such recommendations as the Comptroller General considers appropriate regarding improvements in the collection and analysis of sensitive information held by persons in the private sector, or by State and local agencies, relating to vulnerabilities of and threats to critical infrastructure, including the response to such vulnerabilities and threats. ``(2) Committees of congress.--The committees of Congress specified in this paragraph are-- ``(A) the Committees on the Judiciary and Governmental Affairs of the Senate; and ``(B) the Committees on the Judiciary and Government Reform and Oversight of the House of Representatives. ``(3) Form.--The report shall be submitted in unclassified form, but may include a classified annex.''. (b) Technical and Conforming Amendment.--The table of contents for the Homeland Security Act of 2002 (Public Law 107-296) is amended by striking the items relating to subtitle B of title II and sections 211 through 215 and inserting the following: ``Subtitle B--Protection of Voluntarily Furnished Confidential Information ``Sec. 211. Protection of voluntarily furnished confidential information.''. TITLE II--PRESIDENTIAL RECORDS SEC. 201. REVOCATION OF EXECUTIVE ORDER OF NOVEMBER 1, 2001. Executive Order number 13233, dated November 1, 2001 (66 Fed. Reg. 56025), shall have no force or effect, and Executive Order number 12667, dated January 18, 1989 (54 Fed. Reg. 3403), shall apply by its terms. TITLE III--ADVISORY COMMITTEES SEC. 301. PRESIDENTIAL INTER-AGENCY ADVISORY COMMITTEES. (a) Definition.--The term ``Presidential inter-agency advisory committee'' is any committee or task force that-- (1) is composed wholly of full-time, or permanent part- time, officers or employees of the Federal Government; (2) includes officers or employees of at least two separate Federal agencies; (3) is established or utilized to provide advice, ideas, or recommendations to the President or Vice President on a specified topic or topics; and (4) has at least one officer or employee assigned full-time as a staff member of the committee to support the functions of the committee. (b) Requirements.-- (1) The President shall ensure that the names of the members of the committee are published in the Federal Register. (2) The committee must make public each substantive contact between the advisory committee, or individual members of the advisory committee acting on the committee's behalf, and any person who is not a full-time or permanent part-time officer or employee of the Federal Government, including-- (A) the date of the contact; (B) the form of the contact (in person, by telephone, by e-mail, or in writing); (C) the names and affiliations of the parties involved; and (D) the substance of the communication and the communication itself, if in electronic or written form. (3) For purposes of this subsection, a contact shall be considered substantive if the information conveyed influenced or was reflected in any way in the committee's advice, recommendations, or report to the President or Vice President. TITLE IV--CLASSIFICATION OF INFORMATION SEC. 401. REDUCING EXCESSIVE CLASSIFICATION OF INFORMATION. As soon as possible, but in no event later than 180 days after the date of the enactment of this Act, the President shall require Federal departments and agencies to promote a culture of information sharing by reducing disincentives to information sharing, including overclassification of information and unnecessary requirements for originator approval. TITLE V--OTHER PROVISIONS SEC. 501. CITIZEN ACTIONS. Section 552(a)(4)(E) of title 5, United States Code, is amended-- (1) by inserting ``, or in any case seeking information from a Federal agency or official under any other Federal law,'' after ``case under this section''; and (2) by adding at the end the following: ``For purposes of this section, a complainant has `substantially prevailed' if the complainant has obtained some of its requested relief through a judicial or administrative order or an enforceable written agreement, or if the complainant's pursuit of a nonfrivolous claim or defense has been a catalyst for a voluntary or unilateral change in position by the opposing party that provides any significant part of the relief sought.''.

Restore Open Government Act of 2004 - Revokes: (1) the " Memorandum for Heads of all Federal Departments and Agencies" on "The Freedom of Information Act" issued by Attorney General John Ashcroft on October 12, 2001; and (2) the "Memorandum for the Heads of Executive Department and Agencies" on "Action to Safeguard Information Regarding Weapons of Mass Destruction and Other Sensitive Documents Related to Homeland Security" issued by Andrew H. Card, Jr., Assistant to the President and Chief of Staff on March 19, 2002. Declares that the policy of the Federal Government is to release information to the public in response to a request under the Freedom of Information Act (FOIA) if such release is: (1) required by law; or (2) allowed by law and the agency concerned does not reasonably foresee that disclosure would be harmful to an interest protected by an applicable exemption. Instructs that all guidance provided to Federal agencies shall be consistent with such policy. Prohibits a record pertaining to the vulnerability of and threats to critical infrastructure that is furnished voluntarily to the Department of Homeland Security (DHS) from being made available under the FOIA if: (1) the provider would not customarily make the record available to the public; and (2) the record is designated and certified by the provider as confidential and not customarily made available to the public. (Allows the provider of such a record at any time to to withdraw the confidential designation.) Requires a Federal agency in receipt of a record that was furnished voluntarily to DHS and subsequently shared with that agency, upon receipt of a FOIA request, to: (1) not make the record available; and (2) refer the request to DHS for processing and response in accordance with this Act. Revokes Executive Order 13233 (relating to further implementation of the Presidential Records Act), dated November 1, 2001 and makes effective Executive Order 12667 (relating to Presidential records), dated January 18, 1989. Directs the President to ensure that the names of Presidential interagency advisory committee members are published in the Federal Register. Mandates that such a committee must make public each substantive contact between the advisory committee, or individual committee members acting on the committee's behalf, and any person who is not a full-time or permanent part-time officer or employee of the Government. Directs the President to require Federal departments and agencies to promote a culture of information sharing by reducing disincentives to information sharing, including overclassification of information and unnecessary requirements for originator approval. Amends the FOIA to permit a U.S. district court to assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case seeking information from a Federal agency or official under any other Federal law in which the complainant has substantially prevailed.

{"src": "billsum_train", "title": "To restore and strengthen the laws that provide for an open and transparent Federal Government."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Financial Assistance Management Improvement Act of 1998''. SEC. 2. FINDINGS. The Congress finds that-- (1) there are over 600 different Federal financial assistance programs to implement domestic policy; (2) while the assistance described in paragraph (1) has been directed at critical problems, some Federal administrative requirements may be duplicative, burdensome or conflicting, thus impeding cost-effective delivery of services at the local level; (3) the Nation's State, local, and tribal governments and private, nonprofit organizations are dealing with increasingly complex problems which require the delivery and coordination of many kinds of services; and (4) streamlining and simplification of Federal financial assistance administrative procedures and reporting requirements will improve the delivery of services to the public. SEC. 3. PURPOSES. The purposes of this Act are to-- (1) improve the effectiveness and performance of Federal financial assistance programs; (2) to simplify Federal financial assistance application and reporting requirements; (3) to improve the delivery of services to the public; and (4) to facilitate greater coordination among those responsible for delivering such services. SEC. 4. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the Office of Management and Budget. (2) Federal agency.--The term ``Federal agency'' means any agency as defined under section 551(1) of title 5, United States Code. (3) Federal financial assistance.--The term ``Federal financial assistance'' has the same meaning as defined in section 7501(a)(5) of title 31, United States Code, under which Federal financial assistance is provided, directly or indirectly, to a non-Federal entity. (4) Local government.--The term ``local government'' means a political subdivision of a State that is a unit of general local government (as defined under section 7501(a)(11) of title 31, United States Code); (5) Non-federal entity.--The term ``non-Federal entity'' means a State, local government, or nonprofit organization. (6) Nonprofit organization.--The term ``nonprofit organization'' means any corporation, trust, association, cooperative, or other organization that-- (A) is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest; (B) is not organized primarily for profit; and (C) uses net proceeds to maintain, improve, or expand the operations of the organization. (7) State.--The term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands, and any instrumentality thereof, any multi-State, regional, or interstate entity which has governmental functions, and any Indian Tribal Government. (8) Tribal government.--The term ``tribal government'' means an Indian tribe, as that term is defined in section 7501(a)(9) of title 31, United States Code. (9) Uniform administrative rule.--The term ``uniform administrative rule'' means a government-wide uniform rule for any generally applicable requirement established to achieve national policy objectives that applies to multiple Federal financial assistance programs across Federal agencies. SEC. 5. DUTIES OF FEDERAL AGENCIES. (a) In General.--Not later than 18 months after the date of enactment of this Act, each Federal agency shall develop and implement a plan that-- (1) streamlines and simplifies the application, administrative, and reporting procedures for Federal financial assistance programs administered by the agency; (2) demonstrates active participation in the interagency process under section 6(a)(2); (3) demonstrates appropriate agency use, or plans for use, of the common application and reporting system developed under section 6(a)(1); (4) designates a lead agency official for carrying out the responsibilities of the agency under this Act; (5) allows applicants to electronically apply for, and report on the use of, funds from the Federal financial assistance program administered by the agency; (6) ensures recipients of Federal financial assistance provide timely, complete, and high quality information in response to Federal reporting requirements; and (7) establishes specific annual goals and objectives to further the purposes of this Act and measure annual performance in achieving those goals and objectives, which may be done as part of the agency's annual planning responsibilities under the Government Performance and Results Act. (b) Extension.--If one or more agencies are unable to comply with the requirements of subsection (a), the Director shall report to the Committee on Governmental Affairs of the Senate and the Committee on Government Reform and Oversight of the House of Representatives the reasons for noncompliance. After consultation with such committees, the Director may extend the period for plan development and implementation for each noncompliant agency for up to 12 months. (c) Comment and Consultation on Agency Plans.-- (1) Comment.--Each agency shall publish the plan developed under subsection (a) in the Federal Register and shall receive public comment of the plan through the Federal Register and other means (including electronic means). To the maximum extent practicable, each Federal agency shall hold public forums on the plan. (2) Consultation.--The lead official designated under subsection (a)(4) shall consult with representatives of non- Federal entities during development and implementation of the plan. Consultation with representatives of State, local, and tribal governments shall be in accordance with section 204 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1534). (d) Submission of Plan.--Each Federal agency shall submit the plan developed under subsection (a) to the Director and Congress and report annually thereafter on the implementation of the plan and performance of the agency in meeting the goals and objectives specified under subsection (a)(7). Such report may be included as part of any of the general management reports required under law. SEC. 6. DUTIES OF THE DIRECTOR. (a) In General.--The Director, in consultation with agency heads, and representatives of non-Federal entities, shall direct, coordinate and assist Federal agencies in establishing: (1) A common application and reporting system, including-- (A) a common application or set of common applications, wherein a non-Federal entity can apply for Federal financial assistance from multiple Federal financial assistance programs that serve similar purposes and are administered by different Federal agencies; (B) a common system, including electronic processes, wherein a non-Federal entity can apply for, manage, and report on the use of funding from multiple Federal financial assistance programs that serve similar purposes and are administered by different Federal agencies; and (C) uniform administrative rules for Federal financial assistance programs across different Federal agencies. (2) An interagency process for addressing-- (A) ways to streamline and simplify Federal financial assistance administrative procedures and reporting requirements for non-Federal entities; (B) improved interagency and intergovernmental coordination of information collection and sharing of data pertaining to Federal financial assistance programs, including appropriate information sharing consistent with the Privacy Act of 1974; and (C) improvements in the timeliness, completeness, and quality of information received by Federal agencies from recipients of Federal financial assistance. (b) Lead Agency and Working Groups.--The Director may designate a lead agency to assist the Director in carrying out the responsibilities under this section. The Director may use interagency working groups to assist in carrying out such responsibilities. (c) Review of Plans and Reports.--Agencies shall submit to the Director, upon his request and for his review, information and other reporting regarding their implementation of this Act. (d) Exemptions.--The Director may exempt any Federal agency or Federal financial assistance program from the requirements of this Act if the Director determines that the Federal agency does not have a significant number of Federal financial assistance programs. The Director shall maintain a list of exempted agencies which will be available to the public through OMB's Internet site. SEC. 7. EVALUATION. (a) In General.--The Director (or the lead agency designated under section 6(b)) shall contract with the National Academy of Public Administration to evaluate the effectiveness of this Act. Not later than 4 years after the date of enactment of this Act, the evaluation shall be submitted to the lead agency, the Director, and Congress. The evaluation shall be performed with input from State, local, and tribal governments, and nonprofit organizations. (b) Contents.--The evaluation under subsection (a) shall-- (1) assess the effectiveness of this Act in meeting the purposes of this Act and make specific recommendations to further the implementation of this Act; (2) evaluate actual performance of each agency in achieving the goals and objectives stated in agency plans; (3) assess the level of coordination among the Director, Federal agencies, State, local, and tribal governments, and nonprofit organizations in implementing this Act. SEC. 8. COLLECTION OF INFORMATION. Nothing in this Act shall be construed to prevent the Director or any Federal agency from gathering, or to exempt any recipient of Federal financial assistance from providing, information that is required for review of the financial integrity or quality of services of an activity assisted by a Federal financial assistance program. SEC. 9. JUDICIAL REVIEW. There shall be no judicial review of compliance or noncompliance with any of the provisions of this Act. 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. 10. STATUTORY REQUIREMENTS. Nothing in this Act shall be construed as a means to deviate from the statutory requirements relating to applicable Federal financial assistance programs. SEC. 11. EFFECTIVE DATE AND SUNSET. This Act shall take effect on the date of enactment of this Act and shall cease to be effective five years after such date of enactment. Passed the Senate October 12 (legislative day, October 2), 1998. Attest: GARY SISCO, Secretary.

Federal Financial Assistance Management Improvement Act of 1998 - Directs each Federal agency to develop and implement a plan that, among other things, streamlines and simplifies the application, administrative, and reporting procedures for Federal financial assistance programs administered by the agency. Requires each agency to publish the plan in the Federal Register, receive public comment, and hold public forums on the plan. Requires the designated lead agency official to consult with the representatives of non-Federal entities during plan development and implementation. Requires each Federal agency to submit the plan developed to the Director of the Office of Management and Budget (OMB) and the Congress and report annually thereafter on plan implementation and agency performance in meeting goals and objectives. Requires the Director to direct, coordinate and assist Federal agencies in establishing: (1) a common application and reporting system; and (2) an interagency process for addressing ways to streamline and simplify Federal financial assistance administrative procedures and reporting requirements for non-Federal entities. Permits the Director to designate a lead agency to assist him or her and use interagency working groups to assist in carrying out such responsibilities. Exempts any Federal agency or Federal financial assistance program from the requirements of this Act if the Director determines that the agency does not have a significant number of Federal financial assistance programs. Requires the Director to maintain a list of exempted agencies available to the public through OMB's Internet site. Requires the Director or lead agency to contract with the National Academy of Public Administration to evaluate the effectiveness of this Act. Requires the evaluation to be: (1) submitted to the lead agency, the Director, and the Congress; and (2) performed with input from State, local, and tribal governments and nonprofit organizations. Terminates this Act five years after enactment.

{"src": "billsum_train", "title": "Federal Financial Assistance Management Improvement Act of 1998"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Aviation Security Stakeholder Participation Act of 2012''. SEC. 2. AVIATION SECURITY ADVISORY COMMITTEE. (a) In General.--Subchapter II of chapter 449 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 44946. Aviation Security Advisory Committee ``(a) Establishment.--The Assistant Secretary shall establish within the Transportation Security Administration an advisory committee to be known as the Aviation Security Advisory Committee. ``(b) Duties.-- ``(1) In general.--The Advisory Committee shall be consulted by and advise the Assistant Secretary on aviation security matters, including the development and implementation of policies, programs, rulemaking, and security directives pertaining to aviation security. ``(2) Recommendations.-- ``(A) In general.--The Advisory Committee shall develop, at the request of the Assistant Secretary, recommendations for improvements to aviation security. ``(B) Recommendations of working groups.-- Recommendations agreed upon by the working groups established under this section shall be approved by the Advisory Committee for transmission to the Assistant Secretary. ``(3) Periodic reports.--The Advisory Committee shall periodically submit to the Assistant Secretary-- ``(A) reports on matters identified by the Assistant Secretary; and ``(B) reports on other matters identified by a majority of the members of the Advisory Committee. ``(4) Annual report.--The Advisory Committee shall submit to the Assistant Secretary an annual report providing information on the activities, findings, and recommendations of the Advisory Committee, including its working groups, for the preceding year. ``(c) Membership.-- ``(1) Appointment.-- ``(A) In general.--Not later than 180 days after the date of enactment of this section, the Assistant Secretary shall appoint the members of the Advisory Committee. ``(B) Composition.--The membership shall consist of individuals representing not more than 27 member organizations. Each organization shall be represented by one individual (or the individual's designee). ``(C) Representation.--The membership shall include representatives of air carriers, all cargo air transportation, indirect air carriers, labor organizations representing air carrier employees, aircraft manufacturers, airport operators, general aviation, privacy, the travel industry, and the aviation technology security industry, including biometrics. ``(2) Removal.--The Assistant Secretary may review the participation of a member of the Advisory Committee and remove the member for cause at any time. ``(3) Prohibition on compensation.--The members of the Advisory Committee shall not receive pay, allowances, or benefits from the Government by reason of their service on the Advisory Committee. ``(4) Meetings.--The Assistant Secretary shall require the Advisory Committee to meet at least semiannually and may convene additional meetings as necessary. ``(d) Air Cargo Security Working Group.-- ``(1) In general.--The Assistant Secretary shall establish within the Advisory Committee an air cargo security working group to provide recommendations on air cargo security issues, including the implementation of the air cargo security programs established by the Transportation Security Administration to screen air cargo on passenger aircraft and all-cargo aircraft in accordance with established cargo screening mandates. ``(2) Meetings and reporting.--The working group shall meet at least quarterly and submit information, including recommendations, regarding air cargo security to the Advisory Committee for inclusion in the annual report. The submissions shall include recommendations to improve the Administration's cargo security initiatives established to meet the requirements of section 44901(g). ``(3) Membership.--The working group shall-- ``(A) include members of the Advisory Committee with expertise in air cargo operations; and ``(B) be cochaired by a Government and industry official. ``(e) General Aviation Security Working Group.-- ``(1) In general.--The Assistant Secretary shall establish within the Advisory Committee a general aviation working group to provide recommendations on transportation security issues for general aviation facilities, general aviation aircraft, and helicopter operations at general aviation and commercial service airports. ``(2) Meetings and reporting.--The working group shall meet at least quarterly and submit information, including recommendations, regarding aviation security at general aviation airports to the Advisory Committee for inclusion in the annual report. ``(3) Membership.--The working group shall-- ``(A) include members of the Advisory Committee with expertise in general aviation; and ``(B) be cochaired by a Government and industry official. ``(f) Perimeter Security Working Group.-- ``(1) In general.--The Assistant Secretary shall establish within the Advisory Committee an airport perimeter security working group to provide recommendations on airport perimeter security and access control issues. ``(2) Meetings and reporting.--The working group shall meet at least quarterly and submit information, including recommendations, regarding improving perimeter security and access control procedures at commercial service and general aviation airports to the Advisory Committee for inclusion in the annual report. ``(3) Membership.--The working group shall-- ``(A) include members of the Advisory Committee with expertise in airport perimeter security and access control issues; and ``(B) be cochaired by a Government and industry official. ``(g) Nonapplicability of FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Committee or its working groups. ``(h) Definitions.--In this section, the following definitions apply: ``(1) Advisory committee.--The term `Advisory Committee' means the Aviation Security Advisory Committee to be established under subsection (a). ``(2) Annual report.--The term `annual report' means the annual report required under subsection (a). ``(3) Assistant secretary.--The term `Assistant Secretary' means the Assistant Secretary of Homeland Security (Transportation Security Administration). ``(4) Perimeter security.--The term `perimeter security'-- ``(A) means procedures or systems to monitor, secure, and prevent unauthorized access to an airport, including its airfield and terminal; and ``(B) includes the fence area surrounding an airport, access gates, and access controls.''. (b) Clerical Amendment.--The analysis for such subchapter is amended by adding at the end the following: ``44946. Aviation Security Advisory Committee.''. Passed the House of Representatives June 28, 2012. Attest: KAREN L. HAAS, Clerk.

Aviation Security Stakeholder Participation Act of 2012 - Directs the Assistant Secretary of Homeland Security (Transportation Security Administration [TSA]) to establish in the TSA an Aviation Security Advisory Committee. Requires the Assistant Secretary to consult with the Advisory Committee on aviation security matters. Requires the Advisory Committee to develop, upon the Assistant Secretary's request, recommendations to improve aviation security. Requires the Assistant Secretary to appoint to the Advisory Committee members representing up to 27 member organizations, including air carriers, all cargo air transportation, indirect air carriers, labor organizations representing air carrier employees, aircraft manufacturers, airport operators, general aviation, privacy, the travel industry, and the aviation technology security industry, including biometrics. Establishes within the Advisory Committee: (1) an air cargo security working group, (2) a general aviation working group, and (3) an airport perimeter security working group.

{"src": "billsum_train", "title": "To amend title 49, United States Code, to direct the Assistant Secretary of Homeland Security (Transportation Security Administration) to establish an Aviation Security Advisory Committee, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Health Care in Rural America Act of 2002''. SEC. 2. MEDICARE INPATIENT PAYMENT ADJUSTMENT FOR LOW-VOLUME HOSPITALS. Section 1886(d) of the Social Security Act (42 U.S.C. 1395ww(d)) is amended by adding at the end the following new paragraph: ``(12) Payment adjustment for low-volume hospitals.-- ``(A) Payment adjustment.-- ``(i) In general.--Notwithstanding any other provision of this section, for each cost reporting period (beginning with the cost reporting period that begins in fiscal year 2003), the Secretary shall provide for an additional payment amount to each low- volume hospital (as defined in clause (iii)) for discharges occurring during that cost reporting period to increase the amount paid to such hospital under this section for such discharges by the applicable percentage increase determined under clause (ii). ``(ii) Applicable percentage increase.--The Secretary shall determine a percentage increase applicable under this paragraph that ensures that-- ``(I) no percentage increase in payments under this paragraph exceeds 25 percent of the amount of payment that would otherwise be made to a low-volume hospital under this section for each discharge (but for this paragraph); ``(II) low-volume hospitals that have the lowest number of discharges during a cost reporting period receive the highest percentage increase in payments due to the application of this paragraph; and ``(III) the percentage increase in payments due to the application of this paragraph is reduced as the number of discharges per cost reporting period increases. ``(iii) Low-volume hospital defined.--For purposes of this paragraph, the term `low-volume hospital' means, for a cost reporting period, a subsection (d) hospital (as defined in paragraph (1)(B)) other than a critical access hospital (as defined in section 1861(mm)(1)) that-- ``(I) the Secretary determines had an average of less than 800 discharges (determined with respect to all patients and not just individuals receiving benefits under this title) during the 3 most recent cost reporting periods for which data are available that precede the cost reporting period to which this paragraph applies; and ``(II) is located at least 10 miles from a similar hospital (or is deemed by the Secretary to be so located by reason of such factors as the Secretary determines appropriate, including the time required for an individual to travel to the nearest alternative source of appropriate inpatient care (taking into account the location of such alternative source of inpatient care and any weather or travel conditions that may affect such travel time)). ``(B) Prohibiting certain reductions.--Notwithstanding subsection (e), the Secretary shall not reduce the payment amounts under this section to offset the increase in payments resulting from the application of subparagraph (A).''. SEC. 3. FAIRNESS IN THE MEDICARE DISPROPORTIONATE SHARE HOSPITAL (DSH) ADJUSTMENT FOR RURAL HOSPITALS. (a) Equalizing DSH Payment Amounts.-- (1) In general.--Section 1886(d)(5)(F)(vii) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(F)(vii)) is amended by inserting ``, and, after October 1, 2002, for any other hospital described in clause (iv),'' after ``clause (iv)(I)''. (2) Conforming amendments.--Section 1886(d)(5)(F) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(F)) is amended-- (A) in clause (iv)-- (i) in subclause (II), by inserting ``or, for discharges occurring on or after October 1, 2002, is equal to the percent determined in accordance with the applicable formula described in clause (vii)'' after ``clause (xiii)''; (ii) in subclause (III), by inserting ``or, for discharges occurring on or after October 1, 2002, is equal to the percent determined in accordance with the applicable formula described in clause (vii)'' after ``clause (xii)''; (iii) in subclause (IV), by inserting ``or, for discharges occurring on or after October 1, 2002, is equal to the percent determined in accordance with the applicable formula described in clause (vii)'' after ``clause (x) or (xi)''; (iv) in subclause (V), by inserting ``or, for discharges occurring on or after October 1, 2002, is equal to the percent determined in accordance with the applicable formula described in clause (vii)'' after ``clause (xi)''; and (v) in subclause (VI), by inserting ``or, for discharges occurring on or after October 1, 2002, is equal to the percent determined in accordance with the applicable formula described in clause (vii)'' after ``clause (x)''; (B) in clause (viii), by striking ``The formula'' and inserting ``For discharges occurring before October 1, 2002, the formula''; and (C) in each of clauses (x), (xi), (xii), and (xiii), by striking ``For purposes'' and inserting ``With respect to discharges occurring before October 1, 2002, for purposes''. (b) Effective Date.--The amendments made by this section shall apply with respect to discharges occurring on or after October 1, 2002. SEC. 4. CAPITAL INFRASTRUCTURE REVOLVING LOAN PROGRAM. (a) In General.--Part A of title XVI of the Public Health Service Act (42 U.S.C. 300q et seq.) is amended by adding at the end the following new section: ``capital infrastructure revolving loan program ``Sec. 1603. (a) Authority To Make and Guarantee Loans.-- ``(1) Authority to make loans.--The Secretary may make loans from the fund established under section 1602(d) to any rural entity for projects for capital improvements, including-- ``(A) the acquisition of land necessary for the capital improvements; ``(B) the renovation or modernization of any building; ``(C) the acquisition or repair of fixed or major movable equipment; and ``(D) such other project expenses as the Secretary determines appropriate. ``(2) Authority to guarantee loans.-- ``(A) In general.--The Secretary may guarantee the payment of principal and interest for loans made to rural entities for projects for any capital improvement described in paragraph (1) to any non-Federal lender. ``(B) Interest subsidies.--In the case of a guarantee of any loan made to a rural entity under subparagraph (A), the Secretary may pay to the holder of such loan and for and on behalf of the project for which the loan was made, amounts sufficient to reduce by not more than 3 percent of the net effective interest rate otherwise payable on such loan. ``(b) Amount of Loan.--The principal amount of a loan directly made or guaranteed under subsection (a) for a project for capital improvement may not exceed $5,000,000. ``(c) Funding Limitations.-- ``(1) Government credit subsidy exposure.--The total of the Government credit subsidy exposure under the Credit Reform Act of 1990 scoring protocol with respect to the loans outstanding at any time with respect to which guarantees have been issued, or which have been directly made, under subsection (a) may not exceed $50,000,000 per year. ``(2) Total amounts.--Subject to paragraph (1), the total of the principal amount of all loans directly made or guaranteed under subsection (a) may not exceed $250,000,000 per year. ``(d) Capital Assessment and Planning Grants.-- ``(1) Nonrepayable grants.--Subject to paragraph (2), the Secretary may make a grant to a rural entity, in an amount not to exceed $50,000, for purposes of capital assessment and business planning. ``(2) Limitation.--The cumulative total of grants awarded under this subsection may not exceed $2,500,000 per year. ``(e) Termination of Authority.--The Secretary may not directly make or guarantee any loan under subsection (a) or make a grant under subsection (d) after September 30, 2007.''. (b) Rural Entity Defined.--Section 1624 of the Public Health Service Act (42 U.S.C. 300s-3) is amended by adding at the end the following new paragraph: ``(15) The term `rural entity' includes-- ``(A) a rural health clinic, as defined in section 1861(aa)(2) of the Social Security Act; ``(B) any medical facility with at least 1, but less than 80, beds that is located, for purposes of reimbursement under title XVIII of such Act, in-- ``(i) a county that is not part of a metropolitan statistical area; or ``(ii) a rural census tract of a metropolitan statistical area (as determined under the most recent modification of the Goldsmith Modification, originally published in the Federal Register on February 27, 1992 (57 Fed. Reg. 6725)); ``(C) a hospital that is classified as a rural, regional, or national referral center under section 1886(d)(5)(C) of such Act; and ``(D) a hospital that is a sole community hospital (as defined in section 1886(d)(5)(D)(iii) of such Act).''. (c) Conforming Amendments.--Section 1602 of the Public Health Service Act (42 U.S.C. 300q-2) is amended-- (1) in subsection (b)(2)(D), by inserting ``or 1603(a)(2)(B)'' after ``1601(a)(2)(B)''; and (2) in subsection (d)-- (A) in paragraph (1)(C), by striking ``section 1601(a)(2)(B)'' and inserting ``sections 1601(a)(2)(B) and 1603(a)(2)(B)''; and (B) in paragraph (2)(A), by inserting ``or 1603(a)(2)(B)'' after ``1601(a)(2)(B)''. SEC. 5. HIGH TECHNOLOGY ACQUISITION GRANT AND LOAN PROGRAM. Subpart I of part D of title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following section: ``SEC. 330I. HIGH TECHNOLOGY ACQUISITION GRANT AND LOAN PROGRAM. ``(a) Establishment of Program.--The Secretary, acting through the Director of the Office of Rural Health Policy of the Health Resources and Services Administration, shall establish a high technology acquisition grant and loan program for the purpose of-- ``(1) improving the quality of health care in rural areas through the acquisition of advanced medical technology; ``(2) fostering the development of the networks described in section 330A; ``(3) promoting resource sharing between urban and rural facilities; and ``(4) improving patient safety and outcomes through the acquisition of high technology, including software, information services, and staff training. ``(b) Grants and Loans.--Under the program established under subsection (a), the Secretary, acting through the Director of the Office of Rural Health Policy, may award grants and make loans to any eligible entity (as defined in subsection (d)(1)) for any costs incurred by the eligible entity in acquiring eligible equipment and services (as defined in subsection (d)(2)). ``(c) Limitations.-- ``(1) In general.--Subject to paragraph (2), the total amount of grants and loans made under this section to an eligible entity may not exceed $100,000. ``(2) Federal sharing.-- ``(A) Grants.--The amount of any grant awarded under this section may not exceed 70 percent of the costs to the eligible entity in acquiring eligible equipment and services. ``(B) Loans.--The amount of any loan made under this section may not exceed 90 percent of the costs to the eligible entity in acquiring eligible equipment and services. ``(d) Definitions.--In this section: ``(1) Eligible entity.--The term `eligible entity' means a hospital, health center, or any other entity that the Secretary determines is appropriate that is located in a rural area or region. ``(2) Eligible equipment and services.--The term `eligible equipment and services' includes-- ``(A) unit dose distribution systems; ``(B) software, information services, and staff training; ``(C) wireless devices to transmit medical orders; ``(D) clinical health care informatics systems, including bar code systems designed to avoid medication errors and patient tracking systems; ``(E) telemedicine technology; and ``(F) any other technology that improves the quality of health care provided in rural areas including systems to improve privacy and address administrative simplification needs. ``(e) Authorization of Appropriations.--For the purpose of carrying out this section there are authorized to be appropriated $20,000,000 for each of the fiscal years 2003 through 2008.''.

Preserving Health Care in Rural America Act of 2002 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide for: (1) payment adjustment for low-volume hospitals; and (2) revision in the Medicare disproportionate share hospital (DSH) payment adjustment for rural hospitals equalizing DSH payment amounts.Amends the Public Health Service Act (PHSA) to establish: (1) a capital infrastructure revolving loan program under which the Secretary of Health and Human Services may make described loans to any rural entity for projects for capital improvements from the loan and loan guarantee fund under PHSA; and (2) a high technology acquisition grant and loan program under which the Secretary may award grants and make loans to any eligible entity for any costs incurred by the entity in acquiring eligible equipment and services for improving the quality of health care in rural areas.

{"src": "billsum_train", "title": "A bill to improve health care in rural areas."}

SECTION 1. REDUCTION OF U.S. CITIZENSHIP VOTING INTEREST OWNERSHIP REQUIREMENT. Title IV of the Federal Aviation Act of 1958 (49 U.S.C. App. 1371- 1389) is amended by adding at the end the following new section: ``SEC. 420. REDUCTION OF U.S. CITIZENSHIP VOTING INTEREST OWNERSHIP REQUIREMENT. ``(a) General Rule.--Notwithstanding the requirement of section 101(16) of this Act that at least 75 percent of the voting interests of an air carrier be owned or controlled by persons who are citizens of the United States or of one of its possessions, a person who is not a citizen of the United States may purchase voting interests of a corporation or association which is, or owns or controls, an air carrier without regard to whether or not such purchase would result in the corporation or association failing to meet such voting interest requirement of section 101(16) if the Secretary of Transportation finds that-- ``(1) after the purchase-- ``(A) the president, chairman of the board of directors, chief operating officer, and two-thirds or more of the board of directors of the corporation or association which is, or owns or controls, the air carrier would be citizens of the United States or one of its possessions; and ``(B) at least 51 percent of the voting interests of the air carrier would be owned or controlled by persons who are citizens of the United States or one of its possessions; and ``(2) the purchase is in the public interest. ``(b) Factors to Consider for Public Interest Finding.--The Secretary, in making the finding required by subsection (a)(2), shall consider the following: ``(1) The financial condition of the air carrier and the importance of the purchase to the carrier's ability to survive and effectively compete. ``(2) The effect of the purchase on the employees of the air carrier. ``(3) The effect of the purchase on competition in interstate, overseas, and foreign air transportation. ``(4) Whether the laws and regulations of the foreign country of which the purchaser is a citizen would permit a citizen of the United States to acquire, under similar terms and conditions, the same percentage of stock of a person who provides in such foreign country transportation by aircraft of persons or property as a common carrier as the percentage of stock which the person making the purchase would have in the air carrier after the purchase. ``(5) The extent to which the purchaser is owned, controlled, or subsidized by a government of a foreign country. ``(6) The extent to which a person who is not a citizen of the United States or one of its possessions would, after the purchase, have the power to exercise control over the air carrier. ``(7) The extent to which the foreign country of which the purchaser is a citizen permits air carriers to have access to its aviation markets equivalent to the access that the foreign citizen would have to the aviation markets of the United States after the purchase. ``(c) Application.-- ``(1) Submission.--A person interested in making a purchase with respect to which subsection (a) applies must submit an application with respect to such purchase to the Secretary. The application must be in such form and contain such information as the Secretary may, by regulation, require. ``(2) Approval or disapproval.--Within 90 days after an application meeting the requirements of paragraph (1) and any regulations issued thereunder is submitted to the Secretary, the Secretary shall approve the application, approve the application subject to such conditions or modifications as the Secretary determines appropriate to carry out the objectives of this section, or disapprove the application. ``(3) Presidential review.-- ``(A) Presentation.--The approval, with or without conditions or modifications, of any application under this section shall be presented to the President for review. ``(B) Disapproval; conditions.--The President shall have the right to disapprove or impose conditions on the application solely on the basis of national defense considerations including the effect of the purchase on the Civil Reserve Air Fleet program. Any such disapproval or conditions shall be issued in a public document, setting forth the reasons for the disapproval or conditions to the extent national security permits, within 30 days after submission of the Secretary's action to the President. ``(C) Effect of disapproval.--Any action of the Secretary disapproved by the President under this paragraph shall be null and void. ``(D) Effect of expiration of time limit; judicial review.--Any action of the Secretary not disapproved within the 30-day period referred to in subparagraph (B) shall take effect as an action of the Secretary, not the President, and as such shall be subject to judicial review as provided in section 1006 of this Act.''. SEC. 2. CONFORMING AMENDMENT. The table of contents contained in the first section of the Federal Aviation Act of 1958 is amended by adding at the end of the matter relating to title IV of such Act the following: ``Sec. 420. Reduction of U.S. citizenship voting interest ownership requirement. ``(a) General rule. ``(b) Factors to consider for public interest finding. ``(c) Application.''.

Amends the Federal Aviation Act of 1958 to authorize foreign persons to purchase more than a specified percentage of the voting interests of a U.S. air carrier.

{"src": "billsum_train", "title": "To amend the Federal Aviation Act of 1958 to authorize the Secretary of Transportation to reduce under certain circumstances the percentage of voting interests of air carriers which are required to be owned or controlled by persons who are citizens of the United States."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Emergency Radio Service Preservation Act of 2004''. SEC. 2. FINDINGS. The Congress finds and declares the following: (1) A primary objective and benefit of the Nation's regulation of radio broadcasting is the local origination of programming. There is a substantial governmental interest in ensuring its continuation. (2) Local broadcast radio stations are an important source of local news and weather programming and other local broadcast services critical to the public. (3) Local radio broadcasting is particularly important in times of emergencies or disasters when other means of communications may not be available. (4) Radio is the most ubiquitous of all mass media, with receivers located in almost every home and automobile in the country. (5) Because radio receivers are universally available and frequently battery-powered or located in automobiles, the Federal Communications Commission's Media Security and Reliability Council concluded that ``radio broadcasters are likely to be the last line of defense for communicating with the public under extremely adverse conditions that could result in the event of a local disaster''. There is a substantial governmental interest in ensuring the continuation of this capability. (6) Broadcast radio programming is supported by revenues generated from advertising broadcast over stations. Such programming is free to listeners. There is a substantial governmental interest in promoting the continued availability of free radio programming. (7) Because radio programming is supported by advertising, the ability of local stations to continue to provide local news and other services and to ensure communications during emergencies could be jeopardized by a diversion of the listening audience away from local radio programming. (8) When the Federal Communications Commission authorized the digital audio radio satellite service, it stated that it remained ``committed to supporting a vibrant and vital terrestrial radio service for the public''. (9) When the Federal Communications Commission authorized the digital audio radio satellite service, it understood that digital audio radio satellite service licensees would provide only national programming and accepted the contentions of the proponents of digital audio radio satellite service that the new service would not affect local broadcasting because ``the ability to offer local content will give terrestrial broadcasters a competitive advantage''. (10) Digital audio radio satellite service licensees have announced plans to offer local traffic and weather channels through the use of their satellites. (11) Developments in receiver technology will enable digital audio radio satellite service licensees to offer new services in the future, including localized content that may be intermixed with other national content or that would be selected based on the listener's location. SEC. 3. LIMITS ON LOCALIZED DIGITAL AUDIO RADIO SATELLITE SERVICE PROGRAMMING. The Federal Communications Commission shall revise section 25.144 of its regulations (47 C.F.R. 25.144) to provide that-- (1) digital audio radio satellite service licensees shall not, using any capability either on a satellite or in a radio receiver, provide services that are locally differentiated or that result in programming being delivered to consumers in one geographic market that is different from the programming that is delivered to consumers in any other geographic market; and (2) digital audio radio satellite service repeaters shall be restricted to simultaneously retransmitting the programming transmitted by satellite directly to digital audio radio satellite service subscribers' receivers, and may not be used to distribute any information not also transmitted to all subscribers' receivers. SEC. 4. FEDERAL COMMUNICATIONS COMMISSION RULEMAKING ON LOCAL SERVICES BY SATELLITE PROVIDERS. Within 270 days after the date of enactment of this Act, the Federal Communications Commission shall complete a rulemaking proceeding to determine whether digital audio radio satellite service licensees should be permitted to provide locally oriented services on nationally distributed channels, taking into account-- (1) the impact of locally oriented satellite radio services on the viability of local radio broadcast stations and their ability to provide news and other services to the public; (2) the ability of digital audio radio satellite service licensees to afford listeners the same emergency and other information as is afforded listeners of local broadcast radio stations; (3) whether digital audio radio satellite service licensees committed to providing only national services in order to obtain authorization for their service; and (4) whether the same level and quality of emergency communications services could be provided to consumers by digital audio radio satellite service licensees as by local broadcast radio stations.

Local Emergency Radio Service Preservation Act of 2004 - Directs the Federal Communications Commission (FCC) to revise its regulations to provide that digital audio radio satellite service (DARSS): (1) licensees shall not provide services that are locally differentiated or that result in programming being delivered to consumers in one geographic market that is different from programming delivered in any other geographic market; and (2) repeaters shall be restricted to simultaneously retransmitting the programming transmitted by satellite directly to DARSS subscribers' receivers. Requires the FCC to complete a rulemaking proceeding to determine whether DARSS licensees should be permitted to provide locally oriented services on nationally distributed channels, taking into account, among other things, the ability of such licensees to afford listeners the same emergency and other information as is afforded listeners of local broadcast stations.

{"src": "billsum_train", "title": "To preserve local radio broadcast emergency and other services and to require the Federal Communications Commission to conduct a rulemaking for that purpose."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bisti PRLA Dispute Resolution Act''. SEC. 2. PURPOSES. It is the purpose of this Act to-- (1) resolve a conflict among the Navajo Nation, the Bureau of Land Management and a coal preference right lease applicant that is preventing the conveyance of certain public land selected by the Navajo Nation in 1981 in northwestern New Mexico under section 11 of Public Law 93-531 (25 U.S.C. 640d- 10); (2) permit the Navajo Nation to use the selected lands described in paragraph (1) in the manner provided for in subsection (h) of such section 11 (25 U.S.C. 640d-10(h)), either as the site of relocation of Navajo families residing on Hopi-partitioned lands in Arizona, or as the site of commercial use and development to generate revenue for the benefit of those relocatees; (3) resolve a conflict among members of the Navajo Nation who hold interests in allotments on such lands, the Bureau of Land Management and a coal preference right lease applicant that was the subject of litigation in the United States District Court for the District of New Mexico in Mescal. et al. v. United States et al. (Civil No. 83-1408 LH/WWH), consistent with the provisions of the settlement agreement of October 1, 1996 among the parties by which the case was resolved; (4) resolve conflicts over the management of public lands that have evaded resolution since shortly after coal prospecting permits were first issued in 1967; and (5) resolve such conflicts in a manner that-- (A) does not violate a coal lease applicant's valid existing rights as protected by section 2(b) of the Act of February 25, 1920 (commonly known as the Mineral Leasing Act (30 U.S.C. 201(b))) and related laws; and (B) recognizes the reasonable value of such rights as established by discounted cash flow appraisal methods during the adjudication of the coal preference right lease applications. SEC. 3. EXCHANGE AUTHORIZATION AND DIRECTION. (a) In General.--Notwithstanding any other provision of law, the Secretary of the Interior, acting through the Bureau of Land Management, shall, upon the relinquishment by the holder or holders thereof of coal preference right lease applications captioned NMNM 3752, NMNM 3753, NMNM 3754, NMNM 3755, NMNM 3835, NMNM 3837, NMNM 3918, NMNM 3919, NMNM 6802, NMNM 7235 and NMNM 8745, issue to each such holder or holders a Certificate of Bidding Rights (in such form and manner as provided for under regulations promulgated by the Secretary under the coal leasing provisions of the Act of February 25, 1920 (commonly known as the Mineral Leasing Act (30 U.S.C. 181 et seq.))) that constitutes the fair market value, as determined under section 4, of the relinquished coal preference right lease application involved. Such relinquishment shall be effective upon issuance of the Certificate of Bidding Rights. (b) No Adjudication.--The relinquishments and issuances required under subsection (a) shall occur without any further adjudication of the coal preference right lease applications by the Secretary of the Interior. SEC. 4. METHOD FOR DETERMINING FAIR MARKET VALUE. (a) In General.--Notwithstanding any other provision of law, the provisions of this section shall apply to the issuance of a Certificate of Bidding Rights under section 3. (b) Issuance.--Not later than 90 days after the date on which fair market value is determined under subsection (c) with respect to a preference right lease application to which this section applies, the Secretary of the Interior shall issue a Certificate of Bidding Rights for such application and notify Congress of such action. (c) Fair Market Value.-- (1) In general.--The fair market value of a preference right lease application to which this section applies shall be determined by the Secretary of the Interior based on the recommendations of a panel appointed under paragraph (2). (2) Panel.--A panel under this paragraph shall be composed of 4 representatives-- (A) one representative to be appointed by the Secretary of the Interior; (B) one representative to be appointed by the holder of the preference right lease application involved; (C) one representative to be appointed by the chief executive officer of Wyoming; and (D) one representative to be appointed by the chief executive officer of New Mexico. (3) Evidence.--Evidence of the fair market value of a preference right lease application that may be considered by a panel under this subsection shall be evidence of the same nature as the evidence that is considered by the Bureau of Land Management in determining whether a holder of a preference right lease application has met the legal test established in regulations promulgated by the Secretary of the Interior for determining whether the holder has made a valuable discovery of coal in commercial quantities. (4) Supplemental information.--In determining the fair market value of a coal reserve for purposes of paragraph (3), the panel may supplement information derived under such paragraph with testimony from witnesses or by affidavit, as the panel determines appropriate. SEC. 5. ISSUANCE OF PATENTS TO RELINQUISHED PREFERENCE RIGHT LEASE APPLICATIONS. (a) In General.--Notwithstanding any other provision of law, the Secretary of the Interior, acting through the Bureau of Land Management, shall-- (1) not later than July 15, 2000, verify the selections of lands made by the Navajo Nation pursuant to section 11 of Public Law 93-531 (25 U.S.C. 640d-10); and (2) not later than 30 days after the relinquishment and issuance of bidding rights under section 3, issue patents to the Navajo Nation as provided for by law. (b) Enforcement.--The duties imposed on the Secretary of the Interior under this section shall be considered nondiscretionary and enforceable in a mandamus proceeding brought under section 1361 of title 28, United States Code. SEC. 6. USE OF EXCHANGE BIDDING RIGHTS. (a) In General.--Notwithstanding any other provision of law-- (1) a Certificate of Bidding Rights issued by the Secretary of the Interior under section 3 shall, subject to such procedures as the Secretary may establish pertaining to notice of transfer and accountings of holders and their balances, be transferable by the holder or holders thereof in whole or in part; (2) a Certificate of Bidding Rights issued by the Secretary of the Interior under section 3 shall constitute a monetary credit that, subject to paragraph (3), may be applied, at the election of the holder or holders thereof, against rentals, advance royalties, or production royalties payable to the Secretary under Federal coal leases, as well as against bonus payments payable to the Secretary in the issuance of a Federal coal lease or Federal coal lease modification under the coal leasing provisions of the Act of February 25, 1920 (commonly known as the Mineral Leasing Act (30 U.S.C. 181 et seq.)); and (3) whenever any Certificate of Bidding Rights issued by the Secretary of the Interior under section 3 is applied by the holder or holders thereof as a monetary credit against a payment obligation under a Federal coal lease, the holder or holders may apply such bidding rights only against 50 percent of the amount payable under such lease, and shall pay the remaining 50 percent as provided for under the lease in cash or its equivalent. (b) Payment Under Lease Obligations.--Any payment of a Federal coal lease obligation by the holder or holders of a Certificate of Bidding Rights issued by the Secretary of the Interior under section 3 shall be treated as money received under section 35 of the Act of February 25, 1920 (commonly known as the Mineral Leasing Act (30 U.S.C. 191)), but shall only be credited and redistributed by the Secretary as follows: (1) Fifty percent of the amount paid in cash or its equivalent shall be fully redistributed to the State in which the lease is located and be treated as a 50 percent redistribution under such section 35. (2) Fifty percent of the amount paid through a crediting of the bidding rights involved shall be treated as a payment that is subject to redistribution under such section 35 to the Reclamation and Miscellaneous Receipts accounts in the Treasury.

Directs the Secretary: (1) no later than July 15, 2000, to verify the selection of current Bureau of Land Management lands in New Mexico made by the Navajo Indian Nation pursuant to a resettlement plan for the Navajo Tribe; and (2) within 30 days thereafter, to issue patents to the Navajo Nation to the relinquished coal preference rights.

{"src": "billsum_train", "title": "Bisti PRLA Dispute Resolution Act"}

SECTION 1. ADVANCE PAYMENT OF EARNED INCOME TAX CREDIT THROUGH STATE DEMONSTRATION PROGRAMS. (a) In General.--Section 3507 of the Internal Revenue Code of 1986 (relating to the advance payment of the earned income tax credit) is amended by adding at the end the following: ``(g) State Advance Payment Program.-- ``(1) In general.--In lieu of receiving earned income advance amounts from an employer under subsection (a), a participating resident shall receive advance earned income payments from a responsible State agency pursuant to a State Advance Payment Program that is designated pursuant to paragraph (2). ``(2) Designations.-- ``(A) In general.--The Secretary (in consultation with the Secretary of Health and Human Services) shall designate State Advance Payment Programs for States submitting plans that satisfy the requirements of paragraph (3). The Secretary is required to approve a State plan 90 days after submission to the Secretary by the State, or submit to the State the reasons for not approving the State plan. Administrative costs of a State in conducting a State Advance Payment Program under this section may be included for matching under section 403(a) of the Social Security Act and section 16(a) of the Food Stamp Act of 1977. ``(B) Period for which designation is in effect.-- ``(i) In general.--Designations made under this paragraph shall be effective only after December 31, 1996. ``(ii) Revocation of designations.--The Secretary may revoke a State's designation under this paragraph if the Secretary determines that the State is not complying substantially with the plan described in paragraph (3) submitted by the State. ``(3) State plans.--No State may be designated under paragraph (2) unless the State's proposal for such designation-- ``(A) identifies the responsible State agency, ``(B) describes how and when the advance earned income payments will be made by that agency, including a description of any other State or Federal benefits with which such payments will be coordinated, ``(C) describes how the State will obtain the information on which the amount of advance earned income payments made to each participating resident will be determined in accordance with paragraph (4), ``(D) describes how State residents who will be eligible to receive advance earned income payments will be selected, notified of the opportunity to receive advance earned income payments from the responsible State agency, and given the opportunity to elect to participate in the program, ``(E) describes how the State will verify, in addition to receiving the certifications and statement described in paragraph (6)(D)(iv), the eligibility of participating residents for the earned income tax credit, ``(F) commits the State to furnishing to each participating resident and to the Secretary by January 31 of each year a written statement showing-- ``(i) the name and taxpayer identification number of the participating resident, and ``(ii) the total amount of advance earned income payments made to the participating resident during the prior calendar year, ``(G) commits the State to furnishing to the Secretary by December 1 of each year a written statement showing the name and taxpayer identification number of each participating resident, and ``(H) commits the State to assess the development and implementation of its State Advance Payment Program, including an agreement to share its findings and lessons with other interested States in a manner to be described by the Secretary. ``(4) Amount and timing of advance earned income payments.-- ``(A) Amount.-- ``(i) In general.--The method for determining the amount of advance earned income payments made to each participating resident is to conform to the full extent possible with the provisions of subsection (c). ``(ii) Special rule.--A State may, at its election, apply the rules of subsection (c)(2)(B)-- ``(I) by substituting for `60 percent' in such subsection a percentage between 60 percent and 75 percent which is elected by the State, and ``(II) by using the credit percentage for the number of qualifying children of the eligible individual in lieu of the credit percentage specified in clause (i) thereof. ``(B) Timing.--The frequency of advance earned income payments may be made on the basis of the payroll periods of participating residents, on a single statewide schedule, or on any other reasonable basis prescribed by the State in its plan; however, in no event may advance earned income payments be made to any participating resident less frequently than on a calendar-quarter basis. ``(5) Payments to be treated as payments of withholding and fica taxes.-- ``(A) In general.--For purposes of this title, advance earned income payments-- ``(i) shall neither be treated as a payment of compensation nor be included in gross income, and ``(ii) shall be treated as made out of-- ``(I) amounts required to be deducted and withheld by the State under section 3401 (relating to wage withholding) for the period (under paragraph (4)(B)) on the basis of which advance earned income payments are made by the State, and ``(II) amounts required to be deducted for such period under section 3102 (relating to FICA employee taxes), and ``(III) amounts of the taxes imposed on the State for such period under section 3111 (relating to FICA employer taxes), as if the State had paid to the Secretary, on the day on which payments are made to participating residents, an amount equal to such payments. ``(B) Advance payments exceed taxes due.--If for any period the aggregate amount of advance earned income payments made by the responsible State agency under a State Advance Payment Program exceeds the sum of the amounts referred to in subparagraph (A)(ii), each such advance earned income payment shall be reduced by an amount which bears the same ratio to such excess as such advance earned income payment bears to the aggregate amount of all such advance earned income payments. ``(6) Definitions.--For purposes of this section-- ``(A) State advance payment program.--The term `State Advance Payment Program' means the program described in a proposal submitted for designation under paragraph (1) and designated by the Secretary under paragraph (2). ``(B) Responsible state agency.--The term `responsible State agency' means the single State agency that will be making the advance earned income payments to residents of the State who elect to participate in a State Advance Payment Program. ``(C) Advance earned income payments.--The term `advance earned income payments' means an amount paid by a responsible State agency to residents of the State pursuant to a State Advance Payment Program. ``(D) Participating resident.--The term `participating resident' means an individual who-- ``(i) is a resident of a State that has in effect a designated State Advance Payment Program, ``(ii) makes the election described in paragraph (3)(D) pursuant to guidelines prescribed by the State, ``(iii) certifies to the State the number of qualifying children the individual has, and ``(iv) provides to the State the certifications and statement set forth in subsection (b) (except that paragraph (3) thereof shall be applied by substituting `any employer' for `another employer'), along with any other information required by the State.''. (b) Technical Assistance.--The Secretary of the Treasury and the Secretary of Health and Human Services shall jointly ensure that technical assistance is provided to State Advance Payment Programs and that such Programs are rigorously evaluated. (c) Annual Reports.--The Secretary of the Treasury shall issue annual reports detailing the extent to which-- (1) residents participate in the State Advance Payment Programs, (2) participating residents file Federal and State tax returns, (3) participating residents report accurately the amount of the advance earned income payments made to them by the responsible State agency during the year, and (4) recipients of excessive advance earned income payments repaid those amounts. The report shall also contain an estimate of the amount of advance earned income payments made by each responsible State agency but not reported on the tax returns of a participating resident and the amount of excessive advance earned income payments. (d) Authorization of Appropriations.--For purposes of providing technical assistance described in subsection (b), preparing the reports described in subsection (c), and providing grants to States in support of designated State Advance Payment Programs, there are authorized to be appropriated in advance to the Secretary of the Treasury and the Secretary of Health and Human Services a total of $1,400,000 for fiscal years 1997 through 2000.

Amends the Internal Revenue Code to provide for advance earned income credits to be paid through a State Advance Payment Program rather than by the employer. Authorizes appropriations.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to permit States to make advance payments of the earned income tax credit."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``America's Opportunity Scholarships for Kids Act''. SEC. 2. PURPOSE. It is the purpose of this Act to support local efforts to enable students from low-income families who attend a school identified for restructuring under section 1116(b)(8) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)(8))-- (1) to attend a private elementary school or secondary school, or a public elementary school or secondary school outside the student's home school district, including a public charter school; or (2) to receive intensive, sustained supplemental educational services. SEC. 3. DEFINITIONS. In this Act: (1) Elementary school; local educational agency; secondary school; secretary; state educational agency.--The terms ``elementary school'', ``local educational agency'', ``secondary school'', ``Secretary'', and ``State educational agency'' have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Eligible entity.--The term ``eligible entity'' means-- (A) a local educational agency; (B) a State educational agency; or (C) a nonprofit organization or a consortium of nonprofit organizations. (3) Eligible student.--The term ``eligible student'' means a student from a low-income family who-- (A) with respect to a school identified for restructuring under section 1116(b)(8) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)(8))-- (i) is eligible to enroll in the beginning grade of the school; (ii) except as provided in subparagraph (C), attended the school for the entire school year preceding the identification; (iii) in the case of a student who transfers to the school to attend any grade beyond the beginning grade of the school, attends the school for the remainder of the school year in which the transfer occurs; or (iv) received a scholarship under this Act in a preceding school year due to such identification; or (B) is a sibling of a student described in any 1 of clauses (i) through (iv) of subparagraph (A). (4) Low-income family.--The term ``low-income family'' means a family whose income does not exceed 185 percent of the poverty line, except that in the case of a student participating in a project under this Act for a second or any succeeding school year the term includes a family whose income does not exceed 220 percent of the poverty line. (5) Poverty line.--The term ``poverty line'' means the income official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a family of the size involved. (6) Private provider.--The term ``private provider'' means a nonprofit or for-profit private provider of supplemental educational services described in section 1116(e)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(e)(1)) that is on the updated list of approved providers maintained by the State educational agency under section 1116(e)(4)(C) of such Act (20 U.S.C. 6316(e)(4)(C)). (7) Supplemental educational services.--The term ``supplemental educational services'' has the meaning given the term in section 1116(e)(12)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(e)(12)(C)). SEC. 4. PROGRAM AUTHORIZED. (a) Authority.-- (1) In general.--Subject to paragraph (2) and from amounts appropriated under section 6 for a fiscal year, the Secretary shall award grants, on a competitive basis, to eligible entities to support projects that provide-- (A) scholarships to enable eligible students to attend-- (i) the private elementary school or secondary school of their parent's choice; or (ii) a public elementary school or secondary school of their parents' choice outside of the eligible student's home school district, consistent with State law; or (B) eligible students with intensive, sustained supplemental educational services on an annual basis. (2) Scholarship duration rule.--Each eligible entity that receives a grant under this Act shall only award a scholarship under this Act to an eligible student for-- (A)(i) in the case of an eligible student described in section 3(3)(A), the first school year for which the eligible student is eligible to receive the scholarship with respect to a school identified for restructuring under section 1116(b)(8) of the Elementary and Secondary Education Act of 1965; and (ii) in the case of an eligible student described in section 3(3)(B), the first school year taught at the school so identified; and (B) each subsequent school year through the school year applicable to the final grade taught at the school so identified. (b) Duration of Grants.--The Secretary may award grants under this Act for a period of not more than 5 years. (c) Priorities.--In awarding grants under this Act, the Secretary shall give priority to eligible entities that-- (1) propose to serve eligible students in a local educational agency with a large number or percentage of schools identified for restructuring under section 1116(b)(8) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)(8)); (2) possess the knowledge and capacity to inform parents of eligible students, in urban, suburban, and rural areas, about public and private elementary school and secondary school options; and (3) will augment the scholarships provided to eligible students under this Act in order to help ensure that parents can afford the cost (including tuition, fees, and necessary transportation expenses) of the schools the parents choose to have their children attend under this Act. (d) Application Requirements.-- (1) In general.--To be considered for a grant under this Act, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (2) Contents.--The application shall, at a minimum, include a description of-- (A) the eligible entity's plan for-- (i) recruiting private schools, local educational agencies, charter schools, and private providers, to participate in the project in order to meet eligible student demand for private and public school admission and supplemental educational services; and (ii) ensuring that participating schools that enroll eligible students receiving scholarships under this Act, and private providers participating in the project, will meet the applicable requirements of the project; (B) each school identified for restructuring that will be served under the project, including-- (i) the name of each such school; and (ii) such demographic and socioeconomic information as the Secretary may require; (C) how the eligible entity will work with the identified schools and the local educational agency to identify the parents of eligible students (including through contracts or cooperative agreements with the public school or local educational agency) consistent with the requirements of the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g); (D) how the eligible entity will structure the project in a manner that permits eligible students to participate in the second and succeeding school years of the project if the schools the eligible students attend with scholarship assistance under this Act are subsequently identified for restructuring under section 1116(b)(8) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)(8)); (E) how the eligible entity will use funds received under this Act; (F) how the eligible entity will ensure that if more eligible students seek admission to the project than the project can accommodate, the eligible students will be selected through a random selection process; (G) how the eligible entity will notify parents of eligible students of the expanded choice opportunities provided under the project and how the eligible entity will provide parents with sufficient information to enable the parents to make an informed decision; (H) how the eligible entity will ensure that the schools receiving eligible students under the grant are financially responsible and will use the grant funds received under this Act effectively; (I) how the eligible entity will prioritize between providing scholarships and providing sustained, intensive supplemental educational services, including the timing and duration of offering the opportunity for parents to determine which provision the parents prefer; and (J) how the eligible entity will address the renewal of support for participating eligible students, including continued eligibility. (e) Uses of Funds.-- (1) In general.--Each eligible entity that receives a grant under this Act may-- (A) reserve not more than 5 percent of the grant funds for administrative expenses, including costs associated with recruiting and selecting eligible students, private schools, and private providers, to participate in the project; (B) only for the first year for which grant funds are received under this Act, reserve not more than 5 percent of the grant funds (in addition to the funds reserved under subparagraph (A)), for initial implementation expenses, including costs associated with outreach, providing information to parents and school officials, and other administrative expenses; (C) use the grant funds to provide scholarships to eligible students to pay for the cost, including tuition, fees, and necessary transportation expenses, to attend the private school of their parents' choice or a public elementary school or secondary school of their parents' choice outside of the eligible students' home school district (consistent with State law), except that the scholarship shall not exceed $4,000 per student per school year; and (D) use the grant funds to pay the costs, including reasonable transportation costs, of supplemental educational services (including summer school or after- school programs) provided by a private provider to eligible students, except that the costs shall not exceed $3,000 per student, per school year. (2) Funding order.--Each eligible entity that receives a grant under this Act shall-- (A) first fund scholarships for eligible students to attend the private school of their parents' choice or a public elementary school or secondary school of their parents' choice outside of the eligible students' home school district (consistent with State law); and (B) use any remaining grant funds to provide eligible students with access to supplemental educational services. (3) Payment.--Each eligible entity that receives a grant under this Act shall make scholarship payments under this Act to the parent of the eligible student participating in the project, in a manner that ensures that the payments will be used only for the payment of tuition, fees, and necessary transportation expenses, in accordance with this Act. (f) Prohibition.--A student who receives supplemental educational services under this Act shall not be eligible to receive other such services under section 1116(e) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(e)). (g) Project Performance.--Each eligible entity receiving a grant under this Act shall prepare and submit to the Secretary a final report on the results of the project assisted under this Act that contains such information as the Secretary may require. At a minimum, the report shall include information on the academic achievement of students receiving scholarships and supplemental educational services under the project. (h) Performance Information.--Each eligible entity that receives a grant under this Act shall collect and report such performance information as the Secretary may require for the national evaluation conducted under subsection (i). (i) National Evaluation.--From the amount made available for any fiscal year under section 6, the Secretary shall reserve such sums as may be necessary to conduct an independent evaluation, by grant or by contract, of the program carried out under this Act, which shall include an assessment of the impact of the program on student achievement. The Secretary shall report the results of the evaluation to the appropriate committees of Congress. SEC. 5. NONDISCRIMINATION. (a) In General.--An eligible entity or a school participating in a project under this Act shall not discriminate against an individual participant in, or an individual applicant to participate in, the project on the basis of race, color, religion, sex, or national origin. (b) Applicability and Single-Sex Schools, Classes, or Activities.-- (1) In general.--Notwithstanding any other provision of law, the prohibition of sex discrimination described in subsection (a) shall not apply to a school described in subsection (a) that is operated by, supervised by, controlled by, or connected to, a religious organization, to the extent that the application of subsection (a) is inconsistent with the religious tenets or beliefs of the organization. (2) Parental choice.--Notwithstanding subsection (a) or any other provision of law, a parent may choose to enroll a child in, and a school may offer, a single-sex school, class, or activity under a project funded under this Act. (3) Neutrality.--Section 909 of the Education Amendments of 1972 (20 U.S.C. 1688) shall apply to this Act. (c) Children With Disabilities.--Nothing in this Act may be construed to alter or modify the requirements of the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.). (d) Religiously Affiliated Schools.-- (1) In general.--Notwithstanding any other provision of law, a school described in subsection (a) that is operated by, supervised by, controlled by, or connected to, a religious organization may exercise, in matters of employment, the school's rights consistent with title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), including the exemptions in that title. (2) Special rule.--Notwithstanding any other provision of law, if a school described in subsection (a) receives funds made available under this Act for an eligible student as a result of a choice made by the student's parent, the receipt of the funds shall not, consistent with the first amendment of the Constitution-- (A) necessitate any change in the school's teaching mission; (B) require the school to remove any religious art, icon, scripture, or other symbol; or (C) preclude the school from retaining a religious term in its name, selecting its board members on a religious basis, or including a religious reference in its mission statement or another chartering or governing document. (e) Rules of Construction.--For purposes of Federal law, a scholarship provided under this Act to a student shall be considered to be assistance to the parent of the student and shall not be considered to be assistance to the school that enrolls the student. The amount of any scholarship (or other form of support for the provision of supplemental educational services) provided to a parent of an eligible student under this Act shall not be treated as income of a parent of the eligible student for purposes of Federal tax laws or for purposes of determining eligibility for any other Federal program, other than the program carried out under this Act. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $100,000,000 for fiscal year 2007 and such sums as may be necessary for each of the 4 succeeding fiscal years.

America's Opportunity Scholarships for Kids Act - Directs the Secretary of Education to award competitive grants to local educational agencies, state educational agencies, or nonprofit organizations to provide scholarships or sustained supplemental educational services to low-income students who attend, or their siblings who would attend, a public elementary or secondary school due for restructuring for failing to meet state academic performance standards. Requires such scholarships to enable students to attend: (1) the private elementary or secondary school of their parent's choice; or (2) a public elementary or secondary school of their parent's choice outside the student's home school district, consistent with state law. Requires the Secretary to conduct an independent evaluation of this program, including an assessment of its impact on student achievement.

{"src": "billsum_train", "title": "A bill to establish the America's Opportunity Scholarships for Kids Program."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Criminal Copyright Improvement Act of 1997''. SEC. 2. CRIMINAL INFRINGEMENT OF COPYRIGHTS. (a) Definition of Financial Gain.--Section 101 of title 17, United States Code, is amended by inserting after the undesignated paragraph relating to the term ``display'', the following new paragraph: ``The term `financial gain' includes receipt of anything of value, including the receipt of other copyrighted works.''. (b) Criminal Offenses.--Section 506(a) of title 17, United States Code, is amended to read as follows: ``(a) Criminal Infringement.--Any person who infringes a copyright willfully either-- ``(1) for purposes of commercial advantage or private financial gain; or ``(2) by the reproduction or distribution, including by electronic means, during any 180-day period, of 10 or more copies, of 1 or more copyrighted works, and the total retail value of the copyrighted work or the total retail value of the copies of such work is $5,000 or more, shall be punished as provided under section 2319 of title 18.''. (c) Limitation on Criminal Proceedings.--Section 507(a) of title 17, United States Code, is amended by striking ``three'' and inserting ``five''. (d) Criminal Infringement of a Copyright.--Section 2319 of title 18, United States Code, is amended-- (1) in subsection (b)-- (A) in the matter preceding paragraph (1), by striking ``subsection (a) of this section'' and inserting ``section 506(a)(1) of title 17''; (B) in paragraph (1)-- (i) by inserting ``including by electronic means,'' after ``if the offense consists of the reproduction or distribution,''; and (ii) by striking ``with a retail value of more than $2,500'' and inserting ``which have a total retail value of more than $5,000''; and (C) in paragraph (3) by inserting before the semicolon ``under this subsection''; and (2) by redesignating subsection (c) as subsection (e) and inserting after subsection (b) the following: ``(c) Any person who commits an offense under section 506(a)(2) of title 17-- ``(1) shall be imprisoned not more than 3 years, or fined in the amount set forth in this title, or both, if the offense consists of the reproduction or distribution, including by electronic means, during any 180-day period, of 10 or more copies of 1 or more copyrighted works, and the total retail value of the copyrighted work or the total retail value of the copies of such work is $10,000 or more; ``(2) shall be imprisoned not more than 1 year or fined in the amount set forth in this title, or both, if the offense consists of the reproduction or distribution, including by electronic means during any 180-day period, of 10 or more copies of 1 or more copyrighted works, and the total retail value of the copyrighted works or the total retail value of the copies of such works is $5,000 or more; and ``(3) shall be imprisoned not more than 6 years, or fined in the amount set forth in this title, or both, if the offense is a second or subsequent felony offense under paragraph (1). ``(d)(1) During preparation of the presentence report pursuant to rule 32(c) of the Federal Rules of Criminal Procedure, victims of the offense shall be permitted to submit, and the probation officer shall receive, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim, including the estimated economic impact of the offense on that victim. ``(2) Persons permitted to submit victim impact statements shall include-- ``(A) producers and sellers of legitimate works affected by conduct involved in the offense; ``(B) holders of intellectual property rights in such works; and ``(C) the legal representatives of such producers, sellers, and holders.''. (e) Unauthorized Fixation and Trafficking of Live Musical Performances.--Section 2319A of title 18, United States Code, is amended-- (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (2) by inserting after subsection (c) the following: ``(d) Victim Impact Statement.--(1) During preparation of the presentence report pursuant to rule 32(c) of the Federal Rules of Criminal Procedure, victims of the offense shall be permitted to submit, and the probation officer shall receive, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim, including the estimated economic impact of the offense on that victim. ``(2) Persons permitted to submit victim impact statements shall include-- ``(A) producers and sellers of legitimate works affected by conduct involved in the offense; ``(B) holders of intellectual property rights in such works; and ``(C) the legal representatives of such producers, sellers, and holders.''. (f) Trafficking in Counterfeit Goods or Services.--Section 2320 of title 18, United States Code, is amended-- (1) by redesignating subsection (d) as subsection (f) and transferring such subsection to the end of the section; (2) by redesignating subsection (e) as subsection (d); and (3) by inserting after subsection (d) (as redesignated by paragraph (2) of this subsection) the following: ``(e)(1) During preparation of the presentence report pursuant to rule 32(c) of the Federal Rules of Criminal Procedure, victims of the offense shall be permitted to submit, and the probation officer shall receive, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim, including the estimated economic impact of the offense on that victim. ``(2) Persons permitted to submit victim impact statements shall include-- ``(A) producers and sellers of legitimate goods or services affected by conduct involved in the offense; ``(B) holders of intellectual property rights in such goods or services; and ``(C) the legal representatives of such producers, sellers, and holders.''. (g) Directive to Sentencing Commission.-- (1) In general.--Under the authority of the Sentencing Reform Act of 1984 (Public Law 98-473; 98 Stat. 1987) and section 21 of the Sentencing Act of 1987 (Public Law 100-182; 101 Stat. 1271; 18 U.S.C. 994 note) (including the authority to amend the sentencing guidelines and policy statements), the United States Sentencing Commission shall ensure that the applicable guideline range for a defendant convicted of a crime against intellectual property (including offenses set forth at section 506(a) of title 17, United States Code, and sections 2319, 2319A and 2320 of title 18, United States Code)-- (A) is sufficiently stringent to deter such a crime; (B) adequately reflects the additional considerations set forth in paragraph (2) of this subsection; and (C) takes into account more than minimal planning and other aggravating factors. (2) Implementation.--In implementing paragraph (1), the Sentencing Commission shall ensure that the guidelines provide for consideration of the retail value of the legitimate items that are infringed upon and the quantity of items so infringed.

Criminal Copyright Improvement Act of 1997 - Amends Federal copyright law to define "financial gain" to include the receipt of anything of value, including the receipt of other copyrighted works. Sets penalties for willfully infringing a copyright by reproducing or distributing, including by electronic means, during any 180-day period, ten or more copies of one or more copyrighted works where such works or copies have a total retail value of $5,000 or more. Extends the statute of limitations for criminal copyright infringement from three to five years. Revises Federal criminal code provisions regarding criminal copyright infringement to provide for a fine and up to five years' imprisonment for infringing a copyright for purposes of commercial advantage or private financial gain, by reproducing or distributing, including by electronic means, during any 180-day period, at least ten copies or phonorecords of one or more copyrighted works which have a total retail value of more than $5,000. Provides for: (1) up to three years' imprisonment and fines in any other such infringement case (without commercial gain intent), based on the retail value of the works; and (2) up to six years' imprisonment and a fine for a second or subsequent felony offense in such cases. Requires, during preparation of the presentence report in cases of criminal copyright infringement, unauthorized fixation and trafficking of live musical performances, and trafficking in counterfeit goods or services, that victims of the offense be permitted to submit, and the probation officer receive, a victim impact statement that identifies the victim and the extent and scope of the victim's injury and loss, including the estimated economic impact of the offense on that victim. Directs the U.S. Sentencing Commission to ensure that the applicable guideline range for a defendant convicted of a crime against intellectual property is sufficiently stringent to deter such a crime, adequately reflects consideration of the retail value of the legitimate items that are infringed upon and the quantity of items so infringed, and takes into account more than minimal planning and other aggravating factors.

{"src": "billsum_train", "title": "Criminal Copyright Improvement Act of 1997"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Judgeship Act of 2009''. SEC. 2. CIRCUIT JUDGES FOR THE CIRCUIT COURTS OF APPEALS. (a) In General.--The President shall appoint, by and with the advice and consent of the Senate-- (1) 1 additional circuit judge for the first circuit court of appeals; (2) 2 additional circuit judges for the second circuit court of appeals; (3) 1 additional circuit judge for the third circuit court of appeals; (4) 1 additional circuit judge for the sixth circuit court of appeals; and (5) 4 additional circuit judges for the ninth circuit court of appeals. (b) Temporary Judgeships.-- (1) Appointment.--The President shall appoint, by and with the advice and consent of the Senate-- (A) 1 additional circuit judge for the third circuit court of appeals; (B) 1 additional circuit judge for the eighth circuit court of appeals; and (C) 1 additional circuit judge for the ninth circuit court of appeals. (2) Vacancies not filled.--The first vacancy in the office of circuit judge in each of the judicial circuits named in paragraph (1), occurring 10 years or more after the confirmation date of the judge first appointed to fill the circuit judgeship created in that circuit by paragraph (1), shall not be filled. (c) Tables.--In order that the table contained in section 44 of title 28, United States Code, reflects, with respect to each judicial circuit, the changes in the total number of permanent circuit judgeships authorized by reason of subsection (a) of this section, such table is amended to read as follows: Number of ``Circuits judges District of Columbia....................................... 11 First...................................................... 7 Second..................................................... 15 Third...................................................... 15 Fourth..................................................... 15 Fifth...................................................... 17 Sixth...................................................... 17 Seventh.................................................... 11 Eighth..................................................... 11 Ninth...................................................... 33 Tenth...................................................... 12 Eleventh................................................... 12 Federal.................................................... 12.''. SEC. 3. DISTRICT JUDGES FOR THE DISTRICT COURTS. (a) In General.--The President shall appoint, by and with the advice and consent of the Senate-- (1) 1 additional district judge for the district of Arizona; (2) 4 additional district judges for the northern district of California; (3) 4 additional district judges for the eastern district of California; (4) 4 additional district judges for the central district of California; (5) 1 additional district judge for the district of Colorado; (6) 4 additional district judges for the middle district of Florida; (7) 3 additional district judges for the southern district of Florida; (8) 1 additional district judge for the southern district of Indiana; (9) 1 additional district judge for the district of Minnesota; (10) 1 additional district judge for the district of New Jersey; (11) 1 additional district judge for the district of New Mexico; (12) 1 additional district judge for the southern district of New York; (13) 1 additional district judge for the eastern district of New York; (14) 1 additional district judge for the western district of New York; (15) 1 additional district judge for the district of Oregon; (16) 1 additional district judge for the district of South Carolina; (17) 1 additional district judge for the eastern district of Texas; (18) 2 additional district judges for the southern district of Texas; (19) 4 additional district judges for the western district of Texas; and (20) 1 additional district judge for the western district of Washington. (b) Temporary Judgeships.-- (1) Appointment.--The President shall appoint, by and with the advice and consent of the Senate-- (A) 1 additional district judge for the middle district of Alabama; (B) 1 additional district judge for the district of Arizona; (C) 1 additional district judge for the northern district of California; (D) 1 additional district judge for the eastern district of California; (E) 1 additional district judge for the central district of California; (F) 1 additional district judge for the middle district of Florida; (G) 1 additional district judge for the district of Idaho; (H) 1 additional district judge for the northern district of Iowa; (I) 1 additional district judge for the district of Minnesota; (J) 1 additional district judge for the district of Nebraska; (K) 1 additional district judge for the southern district of New York; (L) 1 additional district judge for the eastern district of New York; and (M) 1 additional district judge for the eastern district of Virginia. (2) Vacancies not filled.--The first vacancy in the office of district judge in each of the judicial districts named in paragraph (1), occurring 10 years or more after confirmation date of the judge first appointed to fill the district judgeship created in that judicial district by paragraph (1), shall not be filled. (c) Existing Judgeships.-- (1) Conversion to permanent judgeships.--The existing judgeships for the district of Kansas and the eastern district of Missouri that are authorized by section 203(c) of the Judicial Improvements Act of 1990 (Public Law 101-650; 28 U.S.C. 133 note), and the existing judgeships for the eastern district of Texas, the district of Arizona, and the district of New Mexico that are authorized by section 312(c) of the 21st Century Department of Justice Appropriations Authorization Act (Public Law 107-273; 28 U.S.C. 133 note), shall, as of the effective date of this Act, be authorized under section 133 of title 28, United States Code, and the incumbents in those offices shall hold the office under section 133 of title 28, United States Code, as amended by this Act. (2) Extension of temporary judgeship.--Section 203(c) of the Judicial Improvements Act of 1990 (Public Law 101-650; 28 U.S.C. 133 note) is amended in the sixth sentence (relating to the northern district of Ohio) by striking ``18 years'' and inserting ``23 years''. (d) Tables.--In order that the table contained in section 133(a) of title 28, United States Code, reflects, with respect to each judicial district, the changes in the total number of permanent district judgeships authorized by reason of subsections (a) and (c) of this section, such table is amended to read as follows: ``Districts Judges Alabama: Northern..................................................... 7 Middle....................................................... 3 Southern..................................................... 3 Alaska......................................................... 3 Arizona........................................................ 14 Arkansas: Eastern...................................................... 5 Western...................................................... 3 California: Northern..................................................... 18 Eastern...................................................... 10 Central...................................................... 31 Southern..................................................... 13 Colorado....................................................... 8 Connecticut.................................................... 8 Delaware....................................................... 4 District of Columbia........................................... 15 Florida: Northern..................................................... 4 Middle....................................................... 19 Southern..................................................... 20 Georgia: Northern..................................................... 11 Middle....................................................... 4 Southern..................................................... 3 Hawaii......................................................... 3 Idaho.......................................................... 2 Illinois: Northern..................................................... 22 Central...................................................... 4 Southern..................................................... 4 Indiana: Northern..................................................... 5 Southern..................................................... 6 Iowa: Northern..................................................... 2 Southern..................................................... 3 Kansas......................................................... 6 Kentucky: Eastern...................................................... 5 Western...................................................... 4 Eastern and Western.......................................... 1 Louisiana: Eastern...................................................... 12 Middle....................................................... 3 Western...................................................... 7 Maine.......................................................... 3 Maryland....................................................... 10 Massachusetts.................................................. 13 Michigan: Eastern...................................................... 15 Western...................................................... 4 Minnesota...................................................... 8 Mississippi: Northern..................................................... 3 Southern..................................................... 6 Missouri: Eastern...................................................... 7 Western...................................................... 5 Eastern and Western.......................................... 2 Montana........................................................ 3 Nebraska....................................................... 3 Nevada......................................................... 7 New Hampshire.................................................. 3 New Jersey..................................................... 18 New Mexico..................................................... 8 New York: Northern..................................................... 5 Southern..................................................... 29 Eastern...................................................... 16 Western...................................................... 5 North Carolina: Eastern...................................................... 4 Middle....................................................... 4 Western...................................................... 4 North Dakota................................................... 2 Ohio: Northern..................................................... 11 Southern..................................................... 8 Oklahoma: Northern..................................................... 3 Eastern...................................................... 1 Western...................................................... 6 Northern, Eastern, and Western............................... 1 Oregon......................................................... 7 Pennsylvania: Eastern...................................................... 22 Middle....................................................... 6 Western...................................................... 10 Puerto Rico.................................................... 7 Rhode Island................................................... 3 South Carolina................................................. 11 South Dakota................................................... 3 Tennessee: Eastern...................................................... 5 Middle....................................................... 4 Western...................................................... 5 Texas: Northern..................................................... 12 Southern..................................................... 21 Eastern...................................................... 9 Western...................................................... 17 Utah........................................................... 5 Vermont........................................................ 2 Virginia: Eastern...................................................... 11 Western...................................................... 4 Washington: Eastern...................................................... 4 Western...................................................... 8 West Virginia: Northern..................................................... 3 Southern..................................................... 5 Wisconsin: Eastern...................................................... 5 Western...................................................... 2 Wyoming........................................................ 3.''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act and the amendments made by this Act, including such sums as may be necessary to provide appropriate space and facilities for the judicial positions created by this Act. SEC. 5. EFFECTIVE DATE. This Act shall take effect on the date of the enactment of this Act.

Federal Judgeship Act of 2009 - Directs the President to appoint specified additional: (1) permanent circuit judges for the first, second, third, sixth, and ninth circuit courts of appeals and temporary circuit judges for the third, eighth, and ninth circuits; and (2) permanent district judges for various districts in Arizona, California, Colorado, Florida, Indiana, Minnesota, New Jersey, New Mexico, New York, Oregon, South Carolina, Texas, and Washington and temporary district judges for Alabama, Arizona, California, Florida, Idaho, Iowa, Minnesota, Nebraska, New York, and Virginia.

{"src": "billsum_train", "title": "To provide for the appointment of additional Federal circuit and district judges, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Workforce Infrastructure for Skilled Employees Investment Act'' or the ``WISE Investment Act''. SEC. 2. SMALL BUSINESS LIAISON PILOT PROGRAM. Section 171 of the Workforce Investment Act of 1998 (29 U.S.C. 2916) is amended by adding at the end the following: ``(f) Small Business Liaison Pilot Program.-- ``(1) Establishment of small business liaison pilot program.--The Secretary may award competitive grants to local boards, community colleges, and postsecondary vocational institutions in States and outlying areas to promote local economic growth and eliminate gaps between the workforce skills available and the workforce skills needed in local areas or regions. ``(2) Application.--To receive a grant under this subsection a local board, community college, or postsecondary vocational institution in a State or outlying area shall submit to the Secretary an application in such manner, at such time, and containing such information as the Secretary may require. ``(3) Specifications of grants.-- ``(A) Time period.--A grant shall be used over a 36-month period. ``(B) Amount of grant.--In determining the amount of a grant made under this subsection, the Secretary may consider-- ``(i) the ability of the grant applicant to conduct outreach activities; ``(ii) the ability of the grant applicant to conduct skills gap assessments; ``(iii) the extent to which the grant applicant works with or, after implementing a strategic skills gap action plan, plans to work with small businesses within its local area or region; and ``(iv) any other factor that the Secretary deems appropriate. ``(C) Limitations.-- ``(i) A recipient may not receive more than one grant under this subsection. ``(ii) No grant under this subsection may be for an amount more than $500,000. ``(iii) The Secretary shall, in determining whether to award a grant, consider the geographic diversity of grant recipients. ``(D) Use of funds.-- ``(i) In general.--A local board, community college, or postsecondary vocational institution that receives a grant under this subsection shall use the grant funds to pay for a new or current employee to serve as liaison to conduct activities described in clause (ii). ``(ii) Small & local business liaison.--The liaison-- ``(I) shall-- ``(aa) prepare a strategic action skills gap assessment; ``(bb) develop a strategic skills gap action plan; and ``(cc) conduct any other activity that the Secretary deems appropriate for the purposes of this subsection; and ``(II) may-- ``(aa) engage in outreach in the local area or region; ``(bb) conduct business site visits, interviews, and assessments; ``(cc) consult in the implementation of the skills action plan; ``(dd) complete more than 1 skills gap action plan; and ``(ee) consult with the local offices of the Small Business Administration. ``(iii) Prohibition.--A grant received under this subsection may not be used to supplant existing funding or efforts. ``(E) Confidentiality of information.--The grant recipient may not disclose the name, address, or contact information of a business, employer, or other person that provided information to the grant recipient to compile information in the strategic skills gap assessment or strategic skills gap action plan without consent of such business, employer, or other person. ``(4) Reporting.--Each year, the Secretary shall report to the Congress-- ``(A) the number of grants awarded under this subsection; ``(B) the recipients of grants awarded under this subsection; ``(C) the activities carried out by each recipient under paragraph (3)(D); and ``(D) an assessment describing-- ``(i) the success of the program to promote local economic growth and eliminate gaps between the workforce skills available and the workforce skills needed in local areas or regions; and ``(ii) any recommendations for reauthorization and expansion of the program that the Secretary may have. ``(5) Definitions.--In this subsection: ``(A) Community college.--The term `community college' has the meaning given the term in section 312(f) of the Higher Education Act of 1965 (20 U.S.C. 1058(f)). ``(B) Local area.--The term `local area' means the labor market immediately surrounding or affected by a local board, community college, or postsecondary vocational institution. ``(C) Postsecondary vocational institution.--The term `postsecondary vocational institution' has the meaning given the term in section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 1002(c)). ``(D) Region.--The term `region' means 2 or more local areas that comprise a common labor market for an industry sector of related occupations. ``(E) Strategic skills gap assessment.--The term `strategic skills gap assessment' means an assessment that-- ``(i) identifies areas of current and expected demand for labor and skills in a specific industry sector of related occupations that is-- ``(I) producing jobs in the local area or region involved; ``(II) developing emerging jobs in the local area or region involved; or ``(III) suffering chronic worker shortages; ``(ii) identifies the current and expected supply of labor and skills in that sector or group in the local area or region; ``(iii) identifies gaps between the current and expected demand and supply of labor and skills in that section or group in the local area or region; ``(iv) contains the results of a survey or focus group interviews of employers, labor organizations, and other relevant individuals and organizations in the local area or region; and ``(v) contains data regarding-- ``(I) specific employment opportunities offered by industries in the local area or region; ``(II) specific skills desired for employment opportunities offered by industries in the local area or region; ``(III) occupations and positions in the local area or region that are difficult to fill; ``(IV) specific skills desired for occupations and positions in the local area or region that are difficult to fill; ``(V) areas of growth and decline among industries and occupations in the local area or region; ``(VI) specific skills desired for areas of growth among industries and occupations in the local area or region; and ``(VII) specific inventories of skills of unemployed or underemployed individuals in the local area or region. ``(F) Strategic skills gap action plan.--The term `strategic skills gap action plan' means a plan based on the strategic skills gap assessment that-- ``(i) identifies-- ``(I) specific barriers to adequate supply of labor and skills in demand in a specific industry sector of related occupations that is producing jobs in the local area or region; and ``(II) activities that will remove or alleviate the barriers described in subclause (I) that could be undertaken by the local board, community college, or postsecondary vocational institution; ``(ii) specifies how the local board, community college, or postsecondary vocational institution may integrate the activities described in clause (i) within the local area or region; and ``(iii) identifies resources and strategies that may be used in the local area or region to address the skills gaps for both unemployed and employed workers in that industry sector. ``(6) Authorization of appropriations.--There is authorized to be appropriated to the Secretary such sums as may be necessary to carry out this subsection.''.

Workforce Infrastructure for Skilled Employees Investment Act or WISE Investment Act - Amends the Workforce Investment Act of 1998 to authorize the Secretary of Labor to award competitive grants to local boards, community colleges, and postsecondary vocational institutions to promote local economic growth and eliminate gaps between the workforce skills available and the workforce skills needed with respect to small businesses in local areas or regions.

{"src": "billsum_train", "title": "To amend the Workforce Investment Act of 1998 to provide for the establishment of the Small Business Liaison Pilot Program."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Student Responsibility Act''. SEC. 2. FOREIGN STATE ASSISTANCE IN ENSURING THAT PROSPECTIVE STUDENTS ARE ELIGIBLE FOR ADMISSION INTO UNITED STATES. (a) In General.--Upon receiving an application from a citizen or national of a foreign state for a visa authorizing entry into the United States as a nonimmigrant described in subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)), the Secretary of State shall request such foreign state to provide the following: (1) Any information about the citizen or national that pertains to a ground of inadmissibility described in paragraph (2) or (3) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)). (2) Any information leading such foreign state reasonably to believe that the citizen or national might violate a term or condition of such status, if it were to be granted. (b) Enforcement.--In the case of a foreign state described in subsection (a), the citizens and nationals of the state may, in the discretion of the Secretary of State, be deemed ineligible to obtain a visa authorizing entry into the United States as a nonimmigrant described in subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act if-- (1) the Secretary of State determines that the state has demonstrated a pattern or practice of failing to make reasonable efforts accurately, completely, and timely to respond to requests described in subsection (a) and the Secretary of State certifies such determination to the Attorney General; or (2) the Attorney General, in consultation with the Secretary of State, determines that a substantial number of the citizens and nationals of the state who have be granted such nonimmigrant status have violated a term or condition of such grant. SEC. 3. RESTRICTION ON ADMISSIBILITY OF NONIMMIGRANT STUDENTS FROM COUNTRIES THAT ARE STATE SPONSORS OF INTERNATIONAL TERRORISM. (a) In General.--No visa authorizing entry into the United States as a nonimmigrant described in subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) shall be issued to any alien from a country that is a state sponsor of international terrorism unless it has been determined that such alien does not pose a threat to the safety or national security of the United States according to standards developed by the Secretary of State, in consultation with the Attorney General, and applicable to nationals of such states. In addition to the consultation required under the preceding sentence, any determination made by the Secretary of State or the Attorney General under this subsection shall be made in consultation with the heads of other appropriate United States agencies, using standards applicable to nationals of such states. (b) State Sponsor of International Terrorism Defined.-- (1) In general.--In this section, the term ``state sponsor of international terrorism'' means any country the government of which has been determined by the Secretary of State under any of the laws specified in paragraph (2) to have repeatedly provided support for acts of international terrorism. (2) Laws under which determinations were made.--The laws specified in this paragraph are the following: (A) Section 6(j)(1)(A) of the Export Administration Act of 1979 (or successor statute). (B) Section 40(d) of the Arms Export Control Act. (C) Section 620A(a) of the Foreign Assistance Act of 1961. SEC. 4. NOTICE TO EDUCATIONAL INSTITUTIONS OF ENTRY INTO UNITED STATES BY PROSPECTIVE STUDENT. Section 641(g) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(g)) is amended by adding at the end the following: ``(3) Notification of entry.--The Attorney General shall notify approved institutions of higher education, other approved educational institutions, and designated exchange visitor programs when an alien is admitted to the United States for the purpose of studying at the institution or participating in the program. The notice shall be given not later than 10 days after the alien's entry.''. SEC. 5. ADDITIONAL OBLIGATIONS OF EDUCATIONAL INSTITUTIONS UNDER FOREIGN STUDENT MONITORING PROGRAM. (a) Notification of Students Failing To Register.-- (1) In general.--Section 641(c)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(c)(1)) is amended-- (A) in subparagraph (C), by striking ``and'' at the end; (B) in subparagraph (D), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(E) the failure of the alien to register in the United States with the institution or program before the date that is 30 days after the date on which the alien's instruction or participation is scheduled to commence.''. (2) Special collection rule.-- (A) In general.--Not later than 6 months after the date of the enactment of this Act, the Attorney General, in consultation with the Secretary of State and the Secretary of Education, shall establish a process to collect from approved institutions of higher education, other approved educational institutions, and designated exchange visitor programs in the United States (as defined in section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372)), with respect to nationals of all countries, the information described in subsection (c)(1)(E) of such section, as added by paragraph (1). (B) Sunset.--Subparagraph (A) shall apply until the date on which the Attorney General collects electronically the information described in such subparagraph under section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372). (3) Inclusion of information in interstate index.--The Attorney General shall ensure that information received under paragraph (2) or section 641(c)(1)(E) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(c)(1)(E)), as added by paragraph (1), is included in the National Crime Information Center's Interstate Identification Index. (b) Civil Money Penalties for Failure To Provide Information.-- (1) In general.--Section 641(d)(2) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(d)(2)) is amended to read as follows: ``(2) Effect of failure to provide information.--If an approved institution of higher education, other approved educational institution, or a designated exchange visitor program fails to provide the specified information-- ``(A) such approvals and such issuance of visas shall be revoked or denied; or ``(B) the Attorney General shall require the institution or program to cease and desist from such violations and to pay a civil penalty in an amount of not less than $25,000 for each such violation.''. (2) Procedure.--Section 641(d) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(d)) is amended by adding at the end the following: ``(3) Procedure.--The provisions of section 274A(e)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(e)(3)) shall apply to an imposition of a civil penalty under paragraph (2)(B) in the same manner as such provisions apply to the imposition of an order described in paragraph (4), (5), or (6) of section 274A(e) of such Act.''. (c) Withholding of Final Transcripts and Diplomas Pending Fulfillment of Immigration Obligations.--Section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372) is amended-- (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following: ``(h) Withholding of Final Transcripts and Diplomas Pending Fulfillment of Immigration Obligations.-- ``(1) In general.--Except as provided in section 444(j) of the General Education Provisions Act (20 U.S.C. 1232g(j)), an approved institution of higher education, other approved educational institution, or designated exchange visitor program may not release a diploma, final transcript, or any other information confirming attendance or program requirement completion pertaining to an alien having the status of a nonimmigrant under subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(A)(15)) until the alien-- ``(A) departs from the United States upon completion of the education, training, or program participation for which the alien came to the United States; or ``(B) obtains a change in immigration status authorizing the alien to remain in the United States notwithstanding such completion. ``(2) Receipt of information.--The Attorney General shall establish a process to ensure that approved institutions of higher education, other approved educational institutions, and designated exchange visitor programs receive the information on alien departures and changes in immigration status that is necessary to permit such institutions and programs to comply with paragraph (1). ``(3) Enforcement.--If the Attorney General determines that an approved institution of higher education, other approved educational institution, or designated exchange visitor program has demonstrated a pattern or practice of violating paragraph (1), the Attorney General shall-- ``(A) revoke (or deny, as the case may be) the approval and authority to issue documents described in subsection (d)(1); or ``(B) pursuant to the procedures described in subsection (d)(3), require the institution or program to cease and desist from such violations and to pay a civil penalty in an amount of not less than $25,000 for each such violation.''. (d) Documentary Requirements.--With respect to any document issued by an approved institution of higher education, other approved educational institution, or designated exchange visitor program (as defined in section 641(i) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(i))) demonstrating an alien's eligibility for a visa under subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(A)(15)), the Attorney General shall-- (1) establish a mandatory form for such document that requires the inclusion of the name of the institution or program; and (2) require that, if such alien is outside the United States, such document be sent directly to a consulate of the United States selected by the alien, in lieu of being issued to the alien. (e) Conditioning Eligibility Under Higher Education Act.--Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the end the following: ``(24) The institution certifies that it has not had its approval under subparagraph (F) or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)), or its authority to issue documents to an alien demonstrating the alien's eligibility for a visa under subparagraph (F), (J), or (M) of such section, revoked or denied under section 641(d)(2) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(d)(2)).''. SEC. 6. AUTHORIZATION OF APPROPRIATIONS FOR SEVIS. There are authorized to be appropriated such sums as may be necessary for fiscal year 2002 and each of the 4 succeeding fiscal years for-- (1) the operation of the Student and Exchange Visitors Information System; and (2) investigation and enforcement activities based on data in such system.

International Student Responsibility Act - Provides for: (1) foreign country assistance in ensuring that prospective foreign students are eligible for U.S. admission; and (2) U.S. entry prohibition of foreign students from a country that fails to provide such assistance, or from a country from which a substantial number of foreign students fail to comply with foreign student status conditions.Prohibits foreign student admissions from a country deemed a state sponsor of international terrorism unless it has been determined that an individual alien does not pose a threat to U.S. security.Amends the Immigration and Nationality Act to direct the Attorney General to notify an institution of higher education of the U.S. entry of a foreign student admitted to study at such institution.Amends the Illegal Immigration Reform and Immigrant Responsibility Act to set forth additional requirements for educational institutions under the foreign student monitoring program, including providing notification of alien students who fail to register.Authorizes appropriations for operation of, and related enforcement activities under, the student and exchange visitors information system.

{"src": "billsum_train", "title": "To ensure that aliens studying in the United States comply with the terms and conditions applicable to such study, and for other purposes."}

SECTION 1. NATIONAL COMMISSION ON NUCLEAR SECURITY. (a) Establishment.--There is hereby established a commission to be known as the ``National Commission on Nuclear Security'' (in this section referred to as the ``Commission''). (b) Organizational Matters.--(1)(A) Subject to subparagraph (B), the Commission shall be composed of 14 members appointed from among individuals in the public and private sectors who have recognized experience in matters related to nuclear weapons and materials, safeguards and security, counterintelligence, and organizational management, as follows: (i) Three shall be appointed by the Majority Leader of the Senate. (ii) Two shall be appointed by the Minority Leader of the Senate. (iii) Three shall be appointed by the Speaker of the House of Representatives. (iv) Two shall be appointed by the Minority Leader of the House of Representatives. (v) One shall be appointed by the Chairman of the Committee on Armed Services of the Senate. (vi) One shall be appointed by the ranking member of the Committee on Armed Services of the Senate. (vii) One shall be appointed by the Chairman of the Committee on Armed Services of the House of Representatives. (viii) One shall be appointed by the ranking member of the Committee on Armed Services of the House of Representatives. (B) The members of the Commission may not include a sitting Member of Congress or any officer of the United States who serves at the discretion of the President. (C) Members of the Commission shall be appointed not later than 60 days after the date of the enactment of this Act. (2) Any vacancies in the Commission shall be filled in the same manner as the original appointment, and shall not affect the powers of the Commission. (3)(A) Subject to subparagraph (B), the chairman of the Commission shall be designated by the Majority Leader of the Senate, in consultation with the Speaker of the House of Representatives, from among the members of the Commission appointed under paragraph (1)(A). (B) The chairman of the Commission may not be designated under subparagraph (A) until seven members of the Commission have been appointed under paragraph (1). (4) The Commission may commence its activities under this section upon the designation of the chairman of the Commission under paragraph (3). (5) The members of the Commission shall establish procedures for the activities of the Commission, including procedures for calling meetings, requirements for quorums, and the manner of taking votes. (c) Duties.--The Commission shall review the efficacy of the organization of the National Nuclear Security Administration, and the appropriate organization and management of the nuclear weapons programs of the United States, under the current Presidential Administration and under the Presidential Administration commencing in 2001, including-- (1) whether the requirements and objectives of the National Nuclear Security Administration Act are being fully implemented by the Secretary of Energy and Administrator of the National Nuclear Security Administration; (2) the feasibility and advisability of various means of improving the security and counterintelligence posture of the programs of the National Nuclear Security Administration; (3) the feasibility and advisability of various modifications of existing management and operating contracts for the laboratories under the jurisdiction of the National Nuclear Security Administration; and (4) whether the national security functions of the Department of Energy, including the National Nuclear Security Administration, should-- (A) be transferred to the Department of Defense; (B) be established as a semiautonomous agency within the Department of Defense; (C) be established as an independent agency; or (D) remain as a semiautonomous agency within the Department of Energy (as provided for under the provisions of the National Nuclear Security Administration Act (title XXXII of Public Law 106-65)). (d) Report.--(1) Not later than May 1, 2001, the Commission shall submit to Congress and to the Secretary of Defense and the Secretary of Energy a report containing the findings and recommendations of the Commission as a result of the review under subsection (c). (2) The report shall include any comments pertinent to the review by an individual serving as the Secretary of Defense, and an individual serving as the Secretary of Energy, during the duration of the review that any such individual considers appropriate for the report. (3) The report may include recommendations for legislation and administrative action. (e) Personnel Matters.--(1)(A) Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5316 of title 5, United States Code, for each day (including traveltime) during which such member is engaged in the performance of the duties of the Commission. (B) All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (2) 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. (3) Any officer or employee of the United States may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (f) Inapplicability of FACA.--The provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the activities of the Commission. (g) Termination.--The Commission shall terminate not later than 90 days after the date on which the Commission submits its report under subsection (d). (h) Funding.--Of the amounts authorized to be appropriated by sections 3101 and 3103, not more than $975,000 shall be available for the activities of the Commission under this section. Amounts available to the Commission under this section shall remain available until expended.

Requires the Commission to report its findings and recommendations to Congress and the Secretaries of Energy and Defense, including any recommendations for legislation and administrative action. Restricts the amount of certain previously authorized appropriations that shall be available for activities of the Commission.

{"src": "billsum_train", "title": "A bill to establish a commission to examine the efficacy of the organization of the National Nuclear Security Administration and the appropriate organization to manage the nuclear weapons programs of the United States."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Review Freedom Act of 2014''. SEC. 2. PROTECTING CONSUMER SPEECH. (a) Prohibition.--A provision of a form contract is void from the inception of such contract if said provision-- (1) prohibits or restricts the ability of a person who is a party to the form contract to engage in a covered communication; (2) imposes a penalty or fee against a person who is a party to the form contract for engaging in a covered communication; or (3) assigns or provides an exclusive license, or requires a person who is a party to the form contract to assign or provide an exclusive license, to any business, other person, or entity any intellectual property rights that such party to the form contract has or may have in a covered communication. (b) Rule of Construction.--Nothing in subsection (a) shall be construed to affect-- (1) any duty of confidentiality imposed by law (including agency guidance); or (2) any civil action for defamation, libel, or slander, or any similar cause of action. (c) Exceptions.--Subsection (a) shall not apply to the extent that a provision of a form contract prohibits disclosure of the following: (1) Trade secrets or commercial or financial information obtained from a person and privileged or confidential. (2) Personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. (3) Records or information compiled for law enforcement purposes, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. (d) Unlawful Conduct.--It shall be unlawful for a business to offer or enter into a form contract containing a provision described as void in subsection (a). (e) Enforcement by Federal Trade Commission.-- (1) Unfair or deceptive acts or practices.--A violation of subsection (d) shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (2) Powers of commission.--The Federal Trade Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any person who violates this section or a regulation promulgated under this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. (f) State Enforcement.--The attorney general of a State may file an action to enforce subsection (d) seeking appropriate relief. In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any person in a practice that violates any regulation of the Commission prescribed under this section, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction to seek appropriate relief. (g) Definitions.-- (1) The term ``person'' means a natural person. (2) The term ``business'' means a legal entity organized to accomplish a business purpose, including either for-profit or not-for-profit. (3) The term ``form contract'' means a standardized contract used by a business and imposed on a party without a meaningful opportunity for said party to negotiate the standardized terms, but does not include a contract establishing an employer-employee or independent contractor relationship. (4) The term ``covered communication'' means a person's written, verbal, or pictorial review, performance assessment of, or other similar analysis of, the products, services, or conduct of a business which is a party to the form contract. (5) The term ``written'' includes words provided by electronic means. (6) The term ``verbal'' includes speech provided by electronic means. (7) The term ``pictorial'' includes pictures, photographs, and video provided by electronic means. (h) Effective Dates.-- (1) Subsections (a), (b), (c), (d), and (g) shall apply to any contracts in effect on or after date of enactment. (2) Subsections (e) and (f) shall apply to any contracts in effect on or after one year after date of enactment. SEC. 3. RELATION TO STATE CAUSES OF ACTION. Nothing in this Act shall be construed to affect any cause of action brought by a person that exists or may exist under State law.

Consumer Review Freedom Act of 2014 - Declares a provision of a form contract to be void from the inception if it: (1) prohibits or restricts a person who is a party to the contract from engaging in written, verbal, or pictorial reviews, or other similar performance assessments or analyses of, the products, services, or conduct of a business that is a party to the contract; (2) imposes penalties or fees against such a person for engaging in such communications; or (3) assigns or provides an exclusive license, or requires such a person to assign or provide an exclusive license, to any of the person's intellectual property rights in such communications. (Thus, bars certain contract provisions that prohibit consumers from commenting publicly about businesses.) Sets forth exceptions under which a provision shall not be considered void under this Act if the provision prohibits disclosure of certain: (1) trade secrets or commercial or financial information, (2) personnel and medical files, or (3) law enforcement records. Provides for this Act to be inapplicable to contracts establishing an employer-employee or independent contractor relationship. Prohibits businesses from offering or entering into form contracts containing a provision that is considered void under this Act. Treats violations by businesses as unfair or deceptive acts or practices under the Federal Trade Commission Act. Sets forth authority for the Federal Trade Commission (FTC) and state attorneys general to enforce such violations.

{"src": "billsum_train", "title": "Consumer Review Freedom Act of 2014"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Claims Processing Innovation Act of 2007''. SEC. 2. ESTABLISHMENT OF WORK CREDIT SYSTEM FOR REGIONAL OFFICES OF VETERANS BENEFITS ADMINISTRATION. (a) Establishment of System.--Chapter 7 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 713. Veterans Benefits Administration work credit system ``(a) Establishment.--The Secretary shall establish a work credit system for evaluating regional offices of the Veterans Benefits Administration. ``(b) Credit for Claims.--Under the system established under subsection (a), a regional office of the Veterans Benefits Administration may only receive work credit for a claim assigned to that regional office when the appellate period for the claim has expired or the Board of Veterans Appeals has issued a final decision with respect to the claim.''. (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. Veterans Benefits Administration work credit system.''. SEC. 3. ELECTRONIC PROCESSING OF CLAIMS FOR BENEFITS ADMINISTERED BY SECRETARY OF VETERANS AFFAIRS. (a) Electronic Processing of Claims.-- (1) In general.--Subtitle I of chapter 51 of title 38, United States Code, as amended by section 3, is further amended by adding at the end the following new section: ``Sec. 5109C. Electronic processing of claims ``(a) System Required.--The Secretary shall develop and maintain a system for processing claims for disability compensation under this title using artificial intelligence. Such system shall use medical and military service data to generate recommendations with respect to disability ratings. ``(b) Quarterly Reports.--During the period beginning on the date that is 90 days after the date of the enactment of this section and ending on the last day of the first full fiscal year after the fiscal year during which the regional office required under section 351(c) of this title is fully operational, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives quarterly reports on the status of the system required under subsection (a) and the regional office required under such section.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``5109C. Electronic processing of claims.''. (b) Regional Office.--Section 315 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(c) The Secretary shall maintain a regional office at which all claims for benefits under this title are processed exclusively electronically. At such regional office, the Secretary shall-- ``(1) maintain the system based on artificial intelligence required under section 5109C of this title; and ``(2) electronically scan all files created by or submitted to such office that relate to claimants or claims for such benefits.''. (c) Deadline for Implementation.--The Secretary of Veterans Affairs shall establish a plan for establishing the regional office required under subsection (c) of section 315 of title 38, United States Code, as added by subsection (b), by not later than 90 days after the date of the enactment of this Act. SEC. 4. TREATMENT OF BENEFICIARY OF VETERAN'S ACCRUED BENEFITS AS CLAIMANT FOR PURPOSES OF INCOMPLETE CLAIMS AS OF DEATH OF VETERAN. (a) In General.--Section 5102 of title 38, United States Code, is amended by added at the end the following new subsection: ``(d) If a veteran who is a claimant dies before completing the submission of a claim for any benefit under a law administered by the Secretary, the person who would receive any accrued benefits due to the veteran under section 5121(a)(2) of this title shall be treated as the claimant for the purposes of completing the submission of the claim.''. (b) Effective Date.--Subsection (d) of section 5102 of title 38, United States Code, shall apply with respect to the claim of any veteran who dies on or after the date of the enactment of this Act. SEC. 5. EVALUATION OF TRAINING AND ASSESSMENT PROGRAMS FOR EMPLOYEES OF VETERANS BENEFITS ADMINISTRATION. (a) Evaluation Required.--The Secretary of Veterans Affairs shall enter into a contract with a private entity with experience evaluating quality assurance and benefits programs under which that entity shall-- (1) conduct an evaluation of the items required to be included in the annual report of the Secretary under section 7734 of title 38, United States Code, that were included in the last such report submitted before the date of the enactment of this Act, that relate to the training and performance assessment programs of the Department of Veterans Affairs for employees of the Veterans Benefits Administration who are responsible for matters relating to compensation or pension benefits under the laws administered by the Secretary; and (2) submit to the Secretary the results of such evaluation not later than 180 days after the date of the enactment of this Act. (b) Submission of Results to Congress.--Not later than 180 days after the date of the enactment of this Act, In the first annual report required to be submitted to Congress under section 529 of title 38, United States Code, submitted after the date on which the Secretary receives the results of the evaluation required under subsection (a), the Secretary shall include such results. (c) Report.--Not later than 180 days after the date on which the Secretary submits the report referred to in subsection (b), the Secretary shall submit to Congress a report on any actions the Secretary has taken or plans to take in response to the results of the evaluation required under subsection (a).

Veterans Claims Processing Innovation Act of 2007 - Directs the Secretary of Veterans Affairs to establish a work credit system for evaluating regional offices of the Veterans Benefits Administration (VBA) with respect to veterans' claims processing. Requires the Secretary to: (1) develop and maintain a system for processing veterans' disability compensation claims using artificial intelligence that utilizes medical and military service data to generate disability rating recommendations; and (2) maintain a regional office at which all such claims are processed exclusively electronically. Provides that if a veteran who is a claimant dies before completing the submission of a claim for benefits, the person who would receive any accrued benefit(s) due to such veteran shall be treated as the claimant for purposes of completing submission of the claim. Directs the Secretary to contract with a private entity to evaluate the training and assessment programs for VBA employees.

{"src": "billsum_train", "title": "To amend title 38, United States Code, to improve the processing of claims for benefits administered by the Secretary of Veterans Affairs, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Support Reserve Trust Act''. SEC. 2. STATE OBLIGATION TO PROVIDE CHILD SUPPORT RESERVE TRUST SYSTEM. Section 454 of the Social Security Act (42 U.S.C. 654) is amended-- (1) in paragraph (32) by striking ``and'' at the end; (2) in paragraph (33) by striking the period at the end and inserting ``; and''; and (3) by inserting after paragraph (33) the following new paragraph: ``(34) provide that, on and after January 1, 2001, the State agency will have in effect a State reserve trust system that meets the requirements of section 454C.''. SEC. 3. REQUIREMENTS OF CHILD SUPPORT RESERVE TRUST SYSTEM. The Social Security Act is amended by inserting after section 454B (42 U.S.C. 654b) the following new section: ``SEC. 454C. RESERVE TRUST SYSTEM. ``(a) In General.--In order for a State to meet the requirements of this section, the State must-- ``(1) have in effect laws requiring the use of the procedures described in subsection (b); and ``(2) establish and operate a unit (which shall be known as the State reserve trust unit) that has authority to carry out, and shall carry out, such laws and procedures. ``(b) Required Procedures.--The procedures described in this subsection are procedures to carry out the following: ``(1) Withholding of anticipated future child support.--On any sale or refinancing by a person of any real property in the State against which a lien for amounts of overdue support owed by the person has ever arisen, without regard to whether such lien has ever been extinguished, the State reserve trust unit shall-- ``(A) withhold the net proceeds of the person from the sale or refinancing; ``(B) apply the net proceeds withheld under subparagraph (A) to any overdue support owed by the person; ``(C) determine the anticipated future child support of the person; ``(D) hold in trust, for the benefit of the child or children for whom the person has a support obligation, an amount equal to the lesser of-- ``(i) the anticipated future child support determined under subparagraph (C); and ``(ii) the net proceeds withheld under subparagraph (A), as reduced by any application of such proceeds under subparagraph (B); and ``(E) distribute to the person any amounts not held in trust under subparagraph (D). ``(2) Application of amounts withheld to overdue child support.--If a person owes overdue child support with respect to a child, and the State reserve trust unit holds in trust amounts withheld from the person for the benefit of the child, the State reserve trust unit shall promptly apply such amounts to satisfy such overdue child support, if the State reserve trust unit determines that all other remedies available under the laws of the State are insufficient to satisfy the overdue child support. ``(3) Adjustment of amounts withheld.--If the State reserve trust unit holds in trust amounts withheld from a person for the benefit of a child, and the support obligation of the person with respect to the child is adjusted under otherwise available State procedures, the State reserve trust unit shall promptly-- ``(A) redetermine the anticipated future child support of the person with respect to the child; and ``(B) if the amounts held in trust are less than the anticipated future child support as redetermined under subparagraph (A), distribute the difference to the person. ``(4) Termination of trust.--If the State reserve trust unit holds in trust amounts withheld from a person for the benefit of a child, the State reserve trust unit shall distribute the amounts to the person if-- ``(A) the person does not owe overdue child support with respect to the child; and ``(B) the support obligation of the person with respect to the child has finally ceased. ``(c) Definitions.--For purposes of this section, the following definitions shall apply: ``(1) Anticipated future child support.--The term `anticipated future child support' means the present value of each child support payment that will come due under the support obligation of the person, assuming that the support obligation will finally cease solely because the child has attained an age requiring the termination of the support obligation. ``(2) Finally cease.--The term `finally cease' means to cease-- ``(A) because the person or the child has died; ``(B) because the child has attained an age requiring the termination of the support obligation; ``(C) because the relationship of parent and child has been terminated by a final judicial act, such as an order establishing nonpaternity or an order emancipating the child; or ``(D) because of any other circumstance that results in cessation under State law that is permanent, substantial, and not solely a change in custody.''.

Child Support Reserve Trust Act - Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act to require a State plan for child and spousal support to provide that, as of January 1, 2001, the State agency will have in effect a State reserve trust system that requires: (1) the use of certain procedures; and (2) establishes a State reserve trust unit to implement them. Requires a State reserve unit to: (1) withhold the net proceeds from the sale or refinancing of real property in the State against which a lien exists for overdue child support by the seller or refinancer, without regard to whether such lien has ever been extinguished; (2) hold a certain amount of such proceeds (anticipated future child support) in trust for the benefit of the child or children for whom the person has a support obligation; and (3) apply such amounts to satisfy such overdue child support, if all other available remedies are insufficient to do so.

{"src": "billsum_train", "title": "To amend the Social Security Act to require that anticipated child support be held in trust on the sale or refinancing of certain real property of an obligated parent."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mammography Quality Standards Reauthorization Act''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--Subparagraphs (A) and (B) of section 354(r)(2) of the Public Health Service Act (42 U.S.C. 263b(r)(2)(A) and (B)) are each amended by striking ``1997'' and inserting ``2002''. (b) Technical Amendment.--Section 354(r)(2)(A) of the Public Health Service Act (42 U.S.C. 263b(r)(2)(A)) is amended by striking ``subsection (q)'' and inserting ``subsection (p)''. SEC. 3. APPLICATION OF CURRENT VERSION OF APPEAL REGULATIONS. Section 354(d)(2)(B) of the Public Health Service Act (42 U.S.C. 263b(d)(2)(B)) is amended by striking ``and in effect on the date of enactment of this section''. SEC. 4. CLARIFICATION OF FACILITIES' RESPONSIBILITY TO RETAIN MAMMOGRAM RECORDS. Section 354(f)(1)(G) of the Public Health Service Act (42 U.S.C. 263b(f)(1)(G)) is amended by striking clause (i) and inserting the following: ``(i) a facility that performs any mammogram-- ``(I) except as provided in subclause (II), maintain the mammogram in the permanent medical records of the patient for a period of not less than 5 years, or not less than 10 years if no additional mammograms of such patient are performed at the facility, or longer if mandated by State law; and ``(II) upon the request of or on behalf of the patient, forward the mammogram to a medical institution or a physician of the patient; and''. SEC. 5. SCOPE OF INSPECTIONS. Section 354(g)(1)(A) of the Public Health Service Act (42 U.S.C. 263b(g)(1)(A)) is amended in the first sentence-- (1) by striking ``certified''; and (2) by inserting ``the certification requirements under subsection (b) and'' after ``compliance with''. SEC. 6. CLARIFICATION OF AUTHORITY TO DELEGATE INSPECTION RESPONSIBILITY TO LOCAL GOVERNMENT AGENCIES. Section 354 of the Public Health Service Act (42 U.S.C. 263b) is amended-- (1) in subsections (a)(4), (g)(1), (g)(3), and (g)(4), by inserting ``or local'' after ``State'' each place it appears; (2) in the heading of subsection (g)(3), by inserting ``or local'' after ``state''; and (3) in subsection (i)(1)(D)-- (A) by inserting ``or local'' after ``State'' the first place it appears; and (B) by inserting ``or local agency'' after ``State'' the second place it appears. SEC. 7. PATIENT NOTIFICATION CONCERNING HEALTH RISKS. (a) Requirement.--Section 354(h) of the Public Health Service Act (42 U.S.C. 263b(h)) is amended-- (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (2) by inserting after paragraph (1) the following: ``(2) Patient information.--If the Secretary determines that the quality of mammography performed by a facility (whether or not certified pursuant to subsection (c)) was so inconsistent with the quality standards established pursuant to subsection (f) as to present a significant risk to individual or public health, the Secretary may require such facility to notify patients who received mammograms at such facility, and their referring physicians, of the deficiencies presenting such risk, the potential harm resulting, appropriate remedial measures, and such other relevant information as the Secretary may require.''. (b) Civil Money Penalty.--Section 354(h)(3) of the Public Health Service Act (42 U.S.C. 263b(h)(3)), as so redesignated, is amended-- (1) by striking ``and'' at the end of subparagraph (B); (2) by redesignating subparagraph (C) as subparagraph (D); and (3) by inserting after subparagraph (B) the following: ``(C) each failure to notify a patient of risk as required by the Secretary pursuant to paragraph (2), and''. SEC. 8. REQUIREMENT TO COMPLY WITH INFORMATION REQUESTS. Section 354(i)(1)(C) of the Public Health Service Act (42 U.S.C. 263b(i)(1)(C)) is amended-- (1) by inserting after ``Secretary'', the first place it appears ``(or of an accreditation body approved pursuant to subsection (e))''; and (2) by inserting after ``Secretary'', the second place it appears ``(or such accreditation body or certifying entity)''. SEC. 9. ADJUSTMENT TO SEVERITY OF SANCTIONS. Section 354(i)(2)(A) of the Public Health Service Act (42 U.S.C. 263b(i)(2)(A)) is amended by striking ``makes the finding'' and all that follows and inserting the following: ``has reason to believe that the circumstance of the case will support one or more of the findings described in paragraph (1) and that-- ``(i) the failure or violation was intentional, or ``(ii) the failure or violation presents a serious risk to human health.''. SEC. 10. TECHNICAL AMENDMENT. Section 354(q)(4)(B) of the Public Health Service Act (42 U.S.C. 263b(q)(4)(B)) is amended by striking ``accredited'' and inserting ``certified''.

Mammography Quality Standards Reauthorization Act - Amends the Public Health Service Act to authorize appropriations to carry out provisions relating to the certification of mammography facilities. Requires that appeals from certification denials follow procedures in effect at that time (currently, in effect on a specified date). Modifies mammogram record retention requirements. Allows inspection of facilities (currently, certified facilities) for compliance with certification requirements and mammography quality standards (currently, compliance with mammography quality standards). Allows inspections to be conducted by a local agency on behalf of the Secretary of Health and Human Services. Empowers the Secretary to require a facility to notify patients who received mammograms if the Secretary determines the quality was so inconsistent with standards as to present a significant risk to the individual or public health. Authorizes civil money penalties for failure to comply. Allows certificate suspension or revocation for a failure to comply with an accreditation body's requests for records or materials. Modifies requirements for certification suspension before holding a hearing.

{"src": "billsum_train", "title": "Mammography Quality Standards Reauthorization Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Families United Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The rights and interests of U.S. citizens should be protected by our Nation's immigration laws. (2) It is the intent of Congress to provide the Attorney General and Secretary of Homeland Security with the limited ability to provide fairness to the spouses, children and parents of American citizens in immigration proceedings on a case-by-case basis. SEC. 3. RULES OF CONSTRUCTION. Nothing in this Act shall be construed-- (1) to provide the Attorney General or the Secretary of Homeland Security with the ability to expand the discretionary authority beyond a case-by-case basis; or (2) to provide, confirm or concur legalization or nationalization of persons covered under this Act, it is solely designed to address hardships incurred by a small minority of American families that are adversely affected by inadmissibility and deportation provisions that cause family separation. SEC. 4. WAIVERS OF INADMISSIBILITY. (a) Aliens Who Entered as Children.--Section 212(a)(9)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)(iii)) is amended by adding at the end the following: ``(VI) Aliens who entered as children.--Clause (i) shall not apply to an alien who is the beneficiary of an approved petition under 101(a)(15)(H) and who has earned a baccalaureate or higher degree from a United States institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), and had not yet reached the age of 16 years at the time of initial entry to the United States.''. (b) Aliens Unlawfully Present.--Section 212(a)(9)(B)(v) of the Immigration and Nationality Act (8 U.S.C. 1181(a)(9)(B)(v)) is amended-- (1) by striking ``spouse or son or daughter'' and inserting ``spouse, son, daughter, or parent''; (2) by striking ``extreme''; and (3) by inserting ``, child,'' after ``lawfully resident spouse''. (c) Previous Immigration Violations.--Section 212(a)(9)(C)(i) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(C)(i)) is amended by adding ``, other than an alien described in clause (iii) or (iv) of subparagraph (B),'' after ``Any alien''. (d) False Claims.-- (1) Inadmissibility.-- (A) In general.--Section 212(a)(6)(C) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(C)) is amended to read as follows: ``(C) Misrepresentation.-- ``(i) In general.--Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or within the last 3 years has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible. ``(ii) Falsely claiming citizenship.-- ``(I) Inadmissibility.--Subject to subclause (II), any alien who knowingly misrepresents himself or herself to be a citizen of the United States for any purpose or benefit under this chapter (including section 274A) or any other Federal or State law is inadmissible. ``(II) Special rule.--An alien shall not be inadmissible under this clause if the misrepresentation described in subclause (I) was made by the alien when the alien-- ``(aa) was under 18 years of age; or ``(bb) otherwise lacked the mental competence to knowingly misrepresent a claim of United States citizenship. ``(iii) Waiver.--The Attorney General or the Secretary of Homeland Security may, in the discretion of the Attorney General or the Secretary, waive the application of clause (i) or (ii)(I) for an alien, regardless whether the alien is within or outside the United States, if the Attorney General or the Secretary find that a determination of inadmissibility to the United States for such alien would-- ``(I) result in hardship to the alien or to the alien's parent, spouse, son, or daughter who is a citizen of the United States or an alien lawfully admitted for permanent residence; or ``(II) in the case of a VAWA self- petitioner, result in hardship to the alien or a parent or child of the alien who is a citizen of the United States, an alien lawfully admitted for permanent residence, or a qualified alien (as defined in section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(b))). For purposes of this clause, family separation in and of itself shall be deemed to be a hardship. ``(iv) Limitation on review.--No court shall have jurisdiction to review a decision or action of the Attorney General or the Secretary regarding a waiver under clause (iii).''. (B) Conforming amendment.--Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended by striking subsection (i). (2) Deportability.--Section 237(a)(3)(D) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(3)(D)) is amended to read as follows: ``(D) Falsely claiming citizenship.--Any alien described in section 212(a)(6)(C)(ii) is deportable.''. (e) Definition of Conviction.-- (1) Section 101(a)(48) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(48)) is amended by striking subparagraphs (A) and (B) and inserting the following: ``(A) The term `conviction' means, with respect to an alien, a final, formal judgment of guilt entered by a court. Where a State or Federal court enters an adjudication or judgment of guilt that has been withheld, deferred, expunged, annulled, invalidated or vacated, or enters an order of probation without entry of judgment, or any similar disposition under State or Federal law such judgment or adjudication shall not be considered a conviction for purposes of this Act. ``(B) Any pardon entered by a State or Federal authority shall render the prior conviction null and void for all purposes under this Act. ``(C) Any reference to a term of imprisonment or a sentence with respect to an offense is deemed to include only the actual period of incarceration or confinement ordered by a court of law. The suspension of the imposition or execution of that imprisonment or sentence in whole or in part shall not be included as a part of the sentence for purposes of this Act.''. (2) Effective date and application.--The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to convictions and sentences entered before, on, or after the date of the enactment of this Act. SEC. 5. DISCRETIONARY AUTHORITY WITH RESPECT TO REMOVAL, DEPORTATION, INELIGIBILITY OR INADMISSIBILITY OF CITIZEN AND RESIDENT IMMEDIATE FAMILY MEMBERS. (a) Applications for Relief From Removal.--Section 240(c)(4) of the Immigration and Nationality Act (8 U.S.C. 1229a(c)(4)) is amended by adding at the end the following: ``(D) Judicial discretion.--In the case of an alien subject to removal, deportation, ineligibility or inadmissibility, the immigration judge may exercise discretion to decline to order the alien removable, deportable, ineligible or inadmissible from the United States and terminate proceedings or grant permission to reapply for admission or any application for relief from removal if the judge determines that such removal, deportation, ineligibility or inadmissibility is against the public interest or would result in hardship to the alien's United States citizen or lawful permanent resident parent, spouse, or child, or the judge determines the alien is prima facie eligible for naturalization except that this subparagraph shall not apply to an alien whom the judge determines-- ``(i) is inadmissible or deportable under-- ``(I) subparagraph (B), (C), (D)(ii), (E), (H), or (I) of section 212(a)(2); ``(II) section 212(a)(3); ``(III) subparagraph (A), (C), or (D) of section 212(a)(10); or ``(IV) paragraph (2)(A)(ii), (2)(A)(v), (2)(F), (4), or (6) of section 237(a); or ``(ii) has-- ``(I) engaged in conduct described in paragraph (8) or (9) of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102); or ``(II) a felony conviction described in section 101(a)(43) that would have been classified as an aggravated felony at the time of conviction. For purposes of this subparagraph, family separation in and of itself shall be deemed to be a hardship and shall be deemed to be against the public interest.''. (b) Secretary's Discretion.--Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended by adding at the end the following: ``(u) Secretary's Discretion.--In the case of an alien who is inadmissible under this section or deportable under section 237 or ineligible under any provision of this Act, the Secretary of Homeland Security may exercise discretion to waive a ground of ineligibility, inadmissibility or deportability or grant permission to reapply for admission or any application for immigration benefits if the Secretary determines that such ineligibility, removal or refusal of admission is against the public interest or would result in hardship, including family separation, to the alien's United States citizen or permanent resident parent, spouse, or child. For purposes of this subsection, family separation in and of itself shall be deemed to be a hardship and shall be deemed to be against the public interest. This subsection shall not apply to an alien whom the Secretary determines-- ``(1) is inadmissible or deportable under-- ``(A) subparagraph (B), (C), (D)(ii), (E), (H), or (I) of subsection (a)(2); ``(B) subsection (a)(3); ``(C) subparagraph (A), (C), or (D) of subsection (a)(10); ``(D) paragraph (2)(A)(ii), (2)(A)(v), (2)(F), or (6) of section 237(a); or ``(E) section 240(c)(4)(D)(ii)(II); or ``(2) has-- ``(A) engaged in conduct described in paragraph (8) or (9) of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102); ``(B) a felony conviction described in section 101(a)(43) that would have been classified as an aggravated felony at the time of conviction;''. (c) Reinstatement of Removal Orders.--Section 241(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1231(a)(5)) is amended by striking the period at the end and inserting ``, unless the alien reentered prior to attaining the age of 18 years, or reinstatement of the prior order of removal would not be in the public interest or would result in hardship, including family separation, to the alien's United States citizen or permanent resident parent, spouse, or child.''.

American Families United Act - States that nothing in this Act shall be construed to enable the Attorney General (DOJ) or the Secretary of Homeland Security (DHS) to expand his or her discretionary authority beyond a case-by-case basis, or to provide legalization or nationalization of persons covered under this Act. Amends the Immigration and Nationality Act (INA) to revise waiver of inadmissibility requirements, among other things waiving inadmissibility for: (1) certain persons who entered the United States before age 16 who have earned a degree from a U.S. institution of higher education, (2) false claims of U.S. citizenship by persons under age 18 or lacking mental competence to knowingly misrepresent a claim, and (3) false claims of U.S. citizenship if inadmissibility would create family separation hardship for the alien (including a self-petitioner under the Violence Against Women Act) or for a U.S. citizen or lawful permanent resident family member. Authorizes parents of U.S. citizens or lawful permanent residents to apply for a waiver of inadmissibility for unlawful presence. Places a three-year limit on immigration-related misrepresentations rendering aliens inadmissible. Revises the definition "conviction" for INA purposes. Authorizes an immigration judge in specified circumstances, including family separation hardship, but with certain exceptions, to decline to order an alien removed, deported, or excluded and terminate related proceedings or grant permission to reapply for admission or for relief from removal.

{"src": "billsum_train", "title": "American Families United Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness in the Workplace Commission Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Workers are not achieving wage and benefit increases commensurate with corporate profits and sustained economic expansion. While the median wage for workers fell 8 percent in real terms during the business cycle peaks from 1979 through 1996, after-tax corporate profit rates grew 66 percent. (2) The wage gap between men and women has increased in the last 4 years, reversing a 20 year trend in which that gap had narrowed. (3) Despite a significant degree of closing the education gap between minority and white Americans, wage gaps between these groups persist and for some minority groups have been expanded. (4) Over the period of 1979 through 1996, workers have experienced a heightened sense of job insecurity due to corporate downsizing, deregulation of key industries, new technology, and foreign competition. (5) The last decade has seen a growth in the use of part- time and temporary workers. (6) Insufficient research has been done to determine the extent and the impact of the use of part-time workers and the failure of wages, especially for female workers, to keep pace with economic growth and corporate profits. SEC. 3. ESTABLISHMENT. (a) In General.--There is established the National Commission on Fairness in the Workplace (hereafter in this Act referred to as the ``Commission''). (b) Member Authority.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this Act. (c) Chairperson, Vice Chairperson.--The Chairperson of the Commission shall be designated by the President at the time of appointment. The Vice Chairperson shall be elected by the members of the Commission. The term of office of the Chairperson and the vice Chairperson shall be the life of the Commission. (d) Termination.--The Commission shall cease to exist upon the expiration of 18 months after the date of the enactment of this Act. SEC. 4. COMMISSION DUTY. (a) In General.--The Commission shall examine-- (1) the growing corporate practice of providing wages and benefit levels for part-time and temporary employees which are lower than the wage and benefit levels provided to full-time employees who perform essentially identical work; (2) how the use of part-time and temporary employees has affected wage and benefit levels, employee job insecurity, and employee productivity; (3) the reasons that workers' wages have not kept pace with corporate profits and economic growth; (4) the reasons for the widening median wage gap between working men and working women; and (5) the reasons for the consistent discrepancy in the average wage of minority populations in comparison to the average wage of white Americans. At the conclusion of the examination, the Commission shall develop policy options for the Congress to address the problems identified in the examination. (b) Scope.--The Commission shall conduct its examination with respect to the States and Guam, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, and the Commonwealth of the Northern Marianas Islands. (c) Definition.--As used in section 2 and this section, the term ``minority populations'' means Blacks (not of Hispanic origin), Hispanics, Asians, Pacific Islanders, American Indians, and Alaskan natives. SEC. 5. MEMBERSHIP. (a) Appointment.--Within 60 days of the date of the enactment of this Act, the Commission shall be composed of 14 members appointed as follows: (1) 6 members appointed by the President of which 2 shall be from the executive branch and 4 representatives from either labor, business management, or academia. (2) 2 members appointed by the Majority Leader of the Senate of which one shall be a member of the Senate and one shall be from private life. (3) 2 members appointed by the Minority Leader of the Senate of which one shall be a member of the Senate and one shall be from private life. (4) 2 members appointed by the Speaker of the House of Representatives of which one shall be a member of the House of Representatives and one shall be from private life. (5) 2 members appointed by the Minority Leader of the House of Representatives of which one shall be a member of the House of Representatives and one shall be from private life. The Secretary of Labor shall be an ex-officio member of the Commission. (b) Waiver of Limitation on Executive Schedule Positions.-- Appointments may be made under subsection (a) without regard to section 5311(b) of title 5, United States Code. (c) Terms.--Each member shall be appointed for the life of the Commission. (d) Rates of pay.-- (1) In general.--Except as provided in paragraph (2), members shall each be paid at a rate not to exceed the rate of basic pay for GS-15 of the General Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Commission. (2) Prohibition of compensation of members and federal employees.--Members of the Commission who are Members of the Senate or the House of Representatives or full-time officers or employees of the United States may not receive additional pay, allowances, or benefits by reason of their service on the Commission. (3) Travel expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. SEC. 6. GENERAL AUTHORITY OF THE COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (b) Meetings.--The Commission shall meet monthly or at the call of the chairperson or a majority of its members. (c) Staff.--The Commission shall appoint a staff. (d) Experts and Consultants.--Subject to rules prescribed by the Commission, the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the minimum annual rate of basic pay payable for GS-15 of the General Schedule. (e) Staff of Federal Agencies.--Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. (f) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Commission, the head of that department or agency shall furnish that information to the Commission. (g) Contract Authority.--The Commission may contract with and compensate government and private agencies or persons for research and other services without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). (h) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (i) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (j) Subpoena Power.-- (1) In general.--The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter under investigation by the Commission. The attendance of witnesses and the production of evidence may be required from any place within the United States at any designated place of hearing within the United States. (2) Failure to obey a subpoena.--If a person refuses to obey a subpoena issued under paragraph (1), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (3) Service of subpoenas.--The subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (4) Service of process.--All process of any court to which application is to be made under paragraph (2) may be served in the judicial district in which the person required to be served resides or may be found. SEC. 7. REPORT. The Commission shall report its findings and policy options developed under section 4 to the Congress not later than 30 days after the termination date of the Commission, together with its recommendations for legislation and administrative actions the Commission considers appropriate.

Fairness in the Workplace Commission Act - Establishes the National Commission on Fairness in the Workplace, which shall examine and report to the Congress on: (1) the growing corporate practice of providing wages and benefit levels for part-time and temporary employees which are lower than the wage and benefit levels provided to full-time employees who perform essentially identical work; (2) how the use of part-time and temporary employees has affected wage and benefit levels, employee job insecurity, and employee productivity; (3) the reasons that workers' wages have not kept pace with corporate profits and economic growth; (4) the reasons for the widening median wage gap between working men and working women; and (5) the reasons for the consistent discrepancy in the average wage of minority populations in comparison to the average wage of white Americans. Requires the Commission to develop policy options for the Congress to address the problems identified in the examination.

{"src": "billsum_train", "title": "Fairness in the Workplace Commission Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Firefighter Investment and Response Enhancement (FIRE) Act''. SEC. 2. FINDINGS. Congress finds that-- (1) increased demands on firefighting personnel have made it difficult for local governments to adequately fund necessary fire safety precautions; (2) the Federal Government has an obligation to protect the health and safety of the firefighting personnel of the United States and to help ensure that the personnel have the financial resources to protect the public; (3) the United States has serious fire losses, including a fire death rate that is one of the highest per capita in the industrialized world; (4) in the United States, fire kills more than 4,000 people and injures more than 25,000 people each year; (5) in any single day in the United States, on the average-- (A) 11 people will die because of fire; (B) 2 of those people are likely to be children under the age of 5; (C) 68 people will be injured because of fire; and (D) over $9,000,000,000 in property losses will occur from fire; and (6) those statistics demonstrate a critical need for Federal investment in support of firefighting personnel. SEC. 3. REDESIGNATION OF FEDERAL EMERGENCY MANAGEMENT AGENCY. (a) In General.--The Federal Emergency Management Agency is redesignated as the ``Federal Fire and Emergency Management Agency''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the Federal Emergency Management Agency shall be deemed to be a reference to the Federal Fire and Emergency Management Agency. (c) Conforming Amendments to Federal Fire Prevention and Control Act of 1974.--Sections 4(4), 17, and 31(a)(5)(B) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2203(4), 2216, and 2227(a)(5)(B)) are amended by striking ``Federal Emergency Management Agency'' each place it appears and inserting ``Federal Fire and Emergency Management Agency''. SEC. 4. FIREFIGHTER INVESTMENT AND RESPONSE ENHANCEMENT. The Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.) is amended by adding at the end the following: ``SEC. 33. FIREFIGHTER INVESTMENT AND RESPONSE ENHANCEMENT. ``(a) Definition of Firefighting Personnel.--In this section, the term `firefighting personnel' means individuals, including volunteers, who are firefighters, officers of fire departments, or emergency medical service personnel of fire departments. ``(b) Grant Program.-- ``(1) Authority.--In accordance with this section, the Director may make grants on a competitive basis to fire departments for the purpose of protecting the health and safety of the public and firefighting personnel against fire and fire- related hazards. ``(2) Establishment of office for administration of grants.--Before making grants under paragraph (1), the Director shall establish an office in the Federal Fire and Emergency Management Agency that shall have the duties of establishing specific criteria for the selection of grant recipients, and administering the grants, under this section. ``(3) Use of grant funds.--The Director may make a grant under paragraph (1) only if the applicant for the grant agrees to use grant funds-- ``(A)(i) to train firefighting personnel in firefighting, emergency response, arson prevention and detection, or the handling of hazardous materials, which shall include, at a minimum, the removal of any hazardous substance or pollutant or contaminant associated with the illegal manufacture of amphetamine or methamphetamine; or ``(ii) to train firefighter personnel to provide any of the training described in clause (i); ``(B) to make effective use of the capabilities of the National Institute of Standards and Technology, the Department of Commerce, the Consumer Product Safety Commission, and other public and private sector entities, for research and development aimed at advancing-- ``(i) the health and safety of firefighters; ``(ii) information technologies for fire management; ``(iii) technologies for fire prevention and protection; ``(iv) firefighting technologies; and ``(v) burn care and rehabilitation; ``(C) to fund the creation of rapid intervention teams to protect firefighting personnel at the scenes of fires and other emergencies; ``(D) to certify fire inspectors; ``(E) to establish wellness and fitness programs for firefighting personnel to ensure that the firefighting personnel can carry out their duties; ``(F) to fund emergency medical services provided by fire departments; ``(G) to acquire additional firefighting vehicles, including fire trucks; ``(H) to acquire additional firefighting equipment, including equipment for communications and monitoring; ``(I) to acquire personal protective equipment required for firefighting personnel by the Occupational Safety and Health Administration, and other personal protective equipment for firefighting personnel; ``(J) to modify fire stations, fire training facilities, and other facilities to protect the health and safety of firefighting personnel; ``(K) to enforce fire codes; ``(L) to fund fire prevention programs; or ``(M) to educate the public about arson prevention and detection. ``(4) Application.--The Director may make a grant under paragraph (1) only if the fire department seeking the grant submits to the Director an application in such form and containing such information as the Director may require. ``(5) Matching requirement.--The Director may make a grant under paragraph (1) only if the applicant for the grant agrees to match with an equal amount of non-Federal funds 10 percent of the funds received under paragraph (1) for any fiscal year. ``(6) Maintenance of expenditures.--The Director may make a grant under paragraph (1) only if the applicant for the grant agrees to maintain in the fiscal year for which the grant will be received the applicant's aggregate expenditures for the uses described in paragraph (3) at or above the average level of such expenditures in the 2 fiscal years preceding the fiscal year for which the grant will be received. ``(7) Report to the director.--The Director may make a grant under paragraph (1) only if the applicant for the grant agrees to submit to the Director a report, including a description of how grant funds were used, with respect to each fiscal year for which a grant was received. ``(8) Variety of grant recipients.--The Director shall ensure that grants under paragraph (1) for a fiscal year are made to a variety of fire departments, including, to the extent that there are eligible applicants-- ``(A) paid, volunteer, and combination fire departments; ``(B) fire departments located in communities of varying sizes; and ``(C) fire departments located in urban, suburban, and rural communities. ``(9) Limitation on expenditures for firefighting vehicles.--The Director shall ensure that not more than 25 percent of the assistance made available under paragraph (1) for a fiscal year is used for the use described in paragraph (3)(G). ``(c) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to the Director such sums as are necessary to carry out this section. ``(2) Limitation on administrative costs.--Of the amounts made available under paragraph (1) for a fiscal year, the Director may use not more than 10 percent for the administrative costs of carrying out this section.''.

Amends the Federal Fire Prevention and Control Act of 1974 to authorize the FFEMA Director to make grants on a competitive basis for protecting the health and safety of the public and firefighting personnel against fire and fire-related hazards. Requires: (1) ten percent non-Federal matching funds; (2) each grantee to report to the Director on grant uses; and (3) grants to be made to a variety of recipients, including paid and volunteer firefighters and urban, suburban, and rural fire departments. Authorizes appropriations.

{"src": "billsum_train", "title": "Firefighter Investment and Response Enhancement (FIRE) Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Preservation and Drug Price Fairness Act''. SEC. 2. AUTHORITY TO NEGOTIATE PRICES. Subsection (i) of section 1860D-11, as added by section 101 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, is repealed. SEC. 3. REPEAL OF COMPARATIVE COST ADJUSTMENT (CCA) PROGRAM. Subtitle E of title II of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, and the amendments made by such subtitle, are repealed. SEC. 4. PHARMACEUTICAL MARKET ACCESS. (a) Importation of Prescription Drugs.--Section 804 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 384) is amended-- (1) in subsection (a)-- (A) by striking ``The Secretary'' and inserting ``Not later than 180 days after the date of the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, the Secretary''; and (B) by striking ``pharmacists and wholesalers'' and inserting ``pharmacists, wholesalers, and qualifying individuals''; (2) in subsection (b)-- (A) by amending paragraph (1) to read as follows: ``(1) require that each covered product imported pursuant to such subsection complies with sections 501, 502, and 505, and other applicable requirements of this Act; and''; (B) in paragraph (2), by striking ``, including subsection (d); and'' and inserting a period; and (C) by striking paragraph (3); (3) in subsection (c), by inserting ``by pharmacists and wholesalers (but not qualifying individuals)'' after ``importation of covered products''; (4) in subsection (d)-- (A) by striking paragraphs (3) and (10); (B) in paragraph (5), by striking ``, including the professional license number of the importer, if any''; (C) in paragraph (6)-- (i) in subparagraph (C), by inserting ``(if required under subsection (e))'' before the period; (ii) in subparagraph (D), by inserting ``(if required under subsection (e))'' before the period; and (iii) in subparagraph (E), by striking ``labeling''; (D) in paragraph (7)-- (i) in subparagraph (A), by inserting ``(if required under subsection (e))'' before the period; and (ii) by amending subparagraph (B) to read as follows: ``(B) Certification from the importer or manufacturer of such product that the product meets all requirements of this Act.''; and (E) by redesignating paragraphs (4) through (9) as paragraphs (3) through (8), respectively; (5) by amending subsection (e) to read as follows: ``(e) Testing.-- ``(1) In general.--Subject to paragraph (2), regulations under subsection (a) shall require that testing referred to in paragraphs (5) through (7) of subsection (d) be conducted by the importer of the covered product, unless the covered product is a prescription drug subject to the requirements of section 505B for counterfeit-resistant technologies. ``(2) Exception.--The testing requirements of paragraphs (5) through (7) of subsection (d) shall not apply to an importer unless the importer is a wholesaler.''; (6) in subsection (f), by striking ``or designated by the Secretary, subject to such limitations as the Secretary determines to be appropriate to protect the public health''; (7) in subsection (g)-- (A) by striking ``counterfeit or''; and (B) by striking ``and the Secretary determines that the public is adequately protected from counterfeit and violative covered products being imported pursuant to subsection (a)''; (8) in subsection (i)(1)-- (A) by amending subparagraph (A) to read as follows: ``(A) In general.--The Secretary shall conduct, or contract with an entity to conduct, a study on the imports permitted pursuant to subsection (a), including consideration of the information received under subsection (d). In conducting such study, the Secretary or entity shall evaluate the compliance of importers with regulations under subsection (a), and the incidence of shipments pursuant to such subsection, if any, that have been determined to be misbranded or adulterated, and determine how such compliance contrasts with the incidence of shipments of prescription drugs transported within the United States that have been determined to be misbranded or adulterated.''; and (B) in subparagraph (B), by striking ``Not later than 2 years after the effective date of final regulations under subsection (a),'' and inserting ``Not later than 18 months after the date of the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003,''; (9) in subsection (k)(2)-- (A) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and (B) by inserting after subparagraph (C) the following: ``(D) The term `qualifying individual' means an individual who is not a pharmacist or a wholesaler. ''; and (10) by striking subsections (l) and (m). (b) Use of Counterfeit-Resistant Technologies To Prevent Counterfeiting.-- (1) Misbranding.--Section 502 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352; deeming drugs and devices to be misbranded) is amended by adding at the end the following: ``(w) If it is a drug subject to section 503(b), unless the packaging of such drug complies with the requirements of section 505B for counterfeit-resistant technologies.''. (2) Requirements.--Title V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting after section 505A the following: ``SEC. 505B. COUNTERFEIT-RESISTANT TECHNOLOGIES. ``(a) Incorporation of Counterfeit-Resistant Technologies Into Prescription Drug Packaging.--The Secretary shall require that the packaging of any drug subject to section 503(b) incorporate-- ``(1) overt optically variable counterfeit-resistant technologies that are described in subsection (b) and comply with the standards of subsection (c); or ``(2) technologies that have an equivalent function of security, as determined by the Secretary. ``(b) Eligible Technologies.--Technologies described in this subsection-- ``(1) shall be visible to the naked eye, providing for visual identification of product authenticity without the need for readers, microscopes, lighting devices, or scanners; ``(2) shall be similar to that used by the Bureau of Engraving and Printing to secure United States currency; ``(3) shall be manufactured and distributed in a highly secure, tightly controlled environment; and ``(4) should incorporate additional layers of non-visible covert security features up to and including forensic capability. ``(c) Standards for Packaging.-- ``(1) Multiple elements.--For the purpose of making it more difficult to counterfeit the packaging of drugs subject to section 503(b), manufacturers of the drugs shall incorporate the technologies described in subsection (b) into multiple elements of the physical packaging of the drugs, including blister packs, shrink wrap, package labels, package seals, bottles, and boxes. ``(2) Labeling of shipping container.--Shipments of drugs described in subsection (a) shall include a label on the shipping container that incorporates the technologies described in subsection (b), so that officials inspecting the packages will be able to determine the authenticity of the shipment. Chain of custody procedures shall apply to such labels and shall include procedures applicable to contractual agreements for the use and distribution of the labels, methods to audit the use of the labels, and database access for the relevant governmental agencies for audit or verification of the use and distribution of the labels.''. (c) Repeal.--Subtitle C of title XI of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, and the amendments made by such subtitle, are repealed. SEC. 5. ASSURING ACCESS TO COVERAGE. Paragraph (3) of section 1860D-3(a), as added by section 101 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, is amended to read as follows: ``(3) Qualifying plan defined.--For purposes of this section, the term `qualifying plan' means a prescription drug plan offered by a PDP sponsor.''. SEC. 6. REPEAL OF MA REGIONAL PLAN STABILIZATION FUND. (a) In General.--Section 1858 of the Social Security Act, as added by section 221(c) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, is amended-- (1) by striking subsection (e); (2) by redesignating subsections (f), (g), and (h) as subsections (e), (f), and (g), respectively; and (3) in subsection (e), as so redesignated, by striking ``subject to subsection (e),''. (b) Conforming Amendment.--Section 1851(i)(2) of the Social Security Act (42 U.S.C. 1395w-21(i)(2)), as amended by section 221(d)(5) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, is amended by striking ``1858(h)'' and inserting ``1858(g)''. SEC. 7. REPEAL OF HEALTH SAVINGS ACCOUNTS. Section 1201 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, and the amendments made by such section, are repealed. SEC. 8. EFFECTIVE DATE. (a) In General.--The amendments made by this Act shall take effect as if included in the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003. (b) Application of Laws.--If any amendment to any provision of any Act is repealed by this Act, such provision shall be applied and administered as if the amendment had never been enacted.

Medicare Preservation and Drug Price Fairness Act - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to repeal the prohibition against: (1) interference by the Secretary of Health and Human Services with the negotiations between drug manufacturers and pharmacies and prescription drug plan sponsors; and (2) any requirement by the Secretary of a formulary or institution of a price structure for the reimbursement of covered prescription drugs. Repeals the Comparative Cost Adjustment Program. Amends the Federal Food, Drug and Cosmetic Act to direct the Secretary to promulgate regulations allowing qualifying individuals who are neither pharmacists nor wholesalers (qualifying individuals) to import covered products (in addition to pharmacists and wholesalers, whom current law authorizes to import such products). Repeals the requirement that regulations require that a product not coming directly from the first foreign recipient of the product from the manufacturer be approved for marketing in the United States. Repeals requirements that the importer provide the Secretary with: (1) documentation from the foreign seller specifying the original source of the product and the amount of each lot of the product originally received; and (2) any other information that the Secretary determines is necessary to ensure the protection of the public health. Revises testing requirements to provide that specified tests, including ones involving authenticity and degradation of products, shall not be required unless the importer is a wholesaler. (Currently either the importer or the manufacturer may conduct such tests). Exempts from importer-wholesaler testing a prescription drug subject to requirements for counterfeit-resistant packaging. Makes permanent the requirements of Federal Food, Drug and Cosmetic Act for the importation of covered products. Classifies prescription drugs as misbranded if they do not incorporate specified counterfeit-resistant technologies in their packaging. Amends the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 to repeal its requirements for the importation of prescription drugs from Canada into the United States (effectively replacing them with the requirements of this Act.) Removes Medicare Advantage (MA) prescription drug plans from the meaning of qualifying prescription drug plan. Repeals authorization for the MA Regional Plan Stabilization Fund and Health Savings Accounts.

{"src": "billsum_train", "title": "A bill to make improvements to the Medicare Prescriptions Drug, Improvement, and Modernization Act of 2003."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Grand Teton National Park Extension Act of 2007''. SEC. 2. DEFINITIONS. In this Act: (1) Park.--The term ``Park'' means the Grand Teton National Park. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Subdivision.--The term ``Subdivision'' means the GT Park Subdivision, with an area of approximately 49.67 acres, as generally depicted on-- (A) the plat recorded in the Office of the Teton County Clerk and Recorder on December 16, 1997, numbered 918, entitled ``Final Plat GT Park Subdivision'', and dated June 18, 1997; and (B) the map entitled ``2006 Proposed Grand Teton Boundary Adjustment'', numbered 136/80,198, and dated March 21, 2006, which shall be on file and available for inspection in appropriate offices of the National Park Service. SEC. 3. ACQUISITION OF LAND. (a) In General.--The Secretary may accept from any willing donor the donation of any land or interest in land of the Subdivision. (b) Administration.--On acquisition of land or an interest in land under subsection (a), the Secretary shall-- (1) include the land or interest in the boundaries of the Park; and (2) administer the land or interest as part of the Park, in accordance with all applicable laws (including regulations). (c) Deadline for Acquisition.--It is the intent of Congress that the acquisition of land or an interest in land under subsection (a) be completed not later than 1 year after the date of enactment of this Act. (d) Restriction on Transfer.--The Secretary shall not donate, sell, exchange, or otherwise transfer any land acquired under this section without express authorization from Congress. SEC. 4. CRAIG THOMAS DISCOVERY AND VISITOR CENTER. (a) Findings.--Congress finds that-- (1) Craig Thomas was raised on a ranch just outside of Cody, Wyoming, near Yellowstone National Park and Grand Teton National Park, where he-- (A) began a lifelong association with those parks; and (B) developed a deep and abiding dedication to the values of the public land of the United States; (2) during his 18-year tenure in Congress, including service in both the Senate and the House of Representatives, Craig Thomas forged a distinguished legislative record on issues as diverse as public land management, agriculture, fiscal responsibility, and rural health care; (3) as Chairman and Ranking Member of the National Parks Subcommittee of the Committee on Energy and Natural Resources of the Senate and a frequent visitor to many units of the National Park System, including Yellowstone National Park and Grand Teton National Park, Craig Thomas was a strong proponent for ensuring that people of all ages and abilities had a wide range of opportunities to learn more about the natural and cultural heritage of the United States; (4) Craig Thomas authored legislation to provide critical funding and management reforms to protect units of the National Park System into the 21st century, ensuring quality visits to units of the National Park System and the protection of natural and cultural resources; (5) Craig Thomas strongly supported public-private partnerships and collaboration between the National Park Service and other organizations that foster new opportunities for providing visitor services while encouraging greater citizen involvement in the stewardship of units of the National Park System; (6) Craig Thomas was instrumental in obtaining the Federal share for a public-private partnership with the Grand Teton National Park Foundation and the Grand Teton Natural History Association to construct a new discovery and visitor center at Grand Teton National Park; (7) on June 4, 2007, Craig Thomas passed away after battling cancer for 7 months; (8) Craig Thomas is survived by his wife, Susan, and children, Patrick, Greg, Peter, and Lexie; and (9) in memory of the distinguished career of service of Craig Thomas to the people of the United States, the dedication of Craig Thomas to units of the National Park System, generally, and to Grand Teton National Park, specifically, and the critical role of Craig Thomas in the new discovery and visitor center at Grand Teton National Park, the Grand Teton Discovery and Visitor Center should be designated as the ``Craig Thomas Discovery and Visitor Center''. (b) The Craig Thomas Discovery and Visitor Center.-- (1) Designation.--The Grand Teton Discovery and Visitor Center located in Moose, Wyoming, and scheduled for completion in August 2007 shall be known and designated as the ``Craig Thomas Discovery and Visitor Center''. (2) Reference.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the Grand Teton Discovery and Visitor Center referred to in paragraph (1) shall be deemed to be a reference to the ``Craig Thomas Discovery and Visitor Center''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Grand Teton National Park Extension Act of 2007 - Authorizes the Secretary of the Interior to: (1 ) accept from any willing donor the donation of any land or interest in land of the GT Park Subdivision; and (2) upon acquisition of land or an interest, include the land or interest in the boundaries of Grand Teton National Park and administer the land or interest as part of the Park. States that it is the intent of Congress that the acquisition of land or an interest in land be completed not later than one year after the enactment of this Act. Prohibits the Secretary from donating, selling, exchanging, or otherwise transferring any land acquired under this Act without express authorization from Congress. Designates the Grand Teton Discovery and Visitor Center located in Moose, Wyoming, and scheduled for completion in August 2007, as the "Craig Thomas Discovery and Visitor Center." Authorizes appropriations.

{"src": "billsum_train", "title": "A bill to modify the boundaries of Grand Teton National Park to include certain land within the GT Park Subdivision, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``African Elephant Conservation and Legal Ivory Possession Act of 2014''. SEC. 2. REFERENCES. Except as otherwise specifically provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a provision, the reference shall be considered to be made to a provision of the African Elephant Conservation Act (16 U.S.C. 4201 et seq.). SEC. 3. LIMITED EXEMPTION FOR CERTAIN AFRICAN ELEPHANT IVORY. Section 2203 (16 U.S.C. 4223) is amended-- (1) by inserting ``(a) In General.--'' before the first sentence; (2) by inserting ``and subsection (b) of this section'' after ``2202(e)''; and (3) by adding at the end the following: ``(b) Exemption.--Nothing in this Act or subsection (a) or (d) of section 9 of the Endangered Species Act of 1973 (16 U.S.C. 1538) shall be construed to prohibit importation or exportation, or to require permission of the Secretary for importation or exportation, of-- ``(1) any raw ivory or worked ivory-- ``(A) imported solely for purposes of becoming part of a museum's permanent collection, return to a lending museum, or display in a museum; or ``(B) exported solely for purposes of-- ``(i) display in a foreign museum; or ``(ii) return to a foreign person who lent such ivory to a museum in the United States; ``(2) any raw ivory or worked ivory that was lawfully importable into the United States on February 24, 2014, regardless of when acquired; or ``(3) any worked ivory that was previously lawfully possessed in the United States.''. SEC. 4. PLACEMENT OF UNITED STATES FISH AND WILDLIFE SERVICE LAW ENFORCEMENT OFFICER IN EACH AFRICAN ELEPHANT RANGE COUNTRY. Part I (16 U.S.C. 4211 et seq.) is amended by adding at the end the following: ``SEC. 2105. PLACEMENT OF UNITED STATES FISH AND WILDLIFE SERVICE LAW ENFORCEMENT OFFICER IN EACH AFRICAN ELEPHANT RANGE COUNTRY. ``The Secretary, in coordination with the Secretary of State, may station one United States Fish and Wildlife Service law enforcement officer in the primary United States diplomatic or consular post in each African country that has a significant population of African elephants, who shall assist local wildlife rangers in the protection of African elephants and facilitate the apprehension of individuals who illegally kill, or assist the illegal killing of, African elephants.''. SEC. 5. CERTIFICATION FOR THE PURPOSES OF THE FISHERMEN'S PROTECTIVE ACT OF 1967. Section 2202 of the African Elephant Conservation Act (16 U.S.C. 4222) is amended by adding at the end the following: ``(g) Certification.--When the Secretary of the Interior finds that a country, directly or indirectly, is a significant transit or destination point for illegal ivory trade, the Secretary shall certify such fact to the President with respect to the country for the purposes of section 8(a) of the Fishermen's Protective Act of 1967 (22 U.S.C. 1978 (a)).''. SEC. 6. TREATMENT OF ELEPHANT IVORY. Section 2203 (16 U.S.C. 4223) is further amended by adding at the end the following: ``(c) Treatment of Elephant Ivory.--Nothing in this Act or subsection (a) or (d) of section 9 of the Endangered Species Act of 1973 (16 U.S.C. 1538) shall be construed-- ``(1) to prohibit, or to authorize prohibiting, the possession, sale, delivery, receipt, shipment, or transportation of African elephant ivory, or any product containing African elephant ivory, that has been lawfully imported or crafted in the United States; or ``(2) to authorize using any means of determining for purposes of this Act or the Endangered Species Act of 1973 whether African elephant ivory has been lawfully imported, including any presumption or burden of proof applied in such determination, other than such means used by the Secretary as of February 24, 2014.''. SEC. 7. SPORT-HUNTED ELEPHANT TROPHIES. Section 2203 (16 U.S.C. 4223) is further amended by adding at the end the following: ``(d) Sport-Hunted Elephant Trophies.--Nothing in this Act or subsection (a) or (d) of section 9 of the Endangered Species Act of 1973 (16 U.S.C. 1538) shall be construed to prohibit any citizen or legal resident of the United States, or an agent of such an individual, from importing a sport-hunted African elephant trophy under section 2202(e) of this Act, if the country in which the elephant was taken has an elephant population on Appendix II of CITES at the time the trophy is imported. ``(e) Relationship to the Convention.--Nothing in this section shall be construed as modifying or repealing the Secretary's duties to implement CITES and the appendices thereto, or as modifying or repealing section 8A or 9(c) of the Endangered Species Act of 1973 (16 U.S.C. 1537a and 1538(c)).''. SEC. 8. AFRICAN ELEPHANT CONSERVATION ACT FINANCIAL ASSISTANCE PRIORITY AND REAUTHORIZATION. (a) Financial Assistance Priority.--Section 2101 of the African Elephant Conservation Act (16 U.S.C. 4211) is amended by redesignating subsections (e) and (f) as subsections (f) and (g), respectively, and by inserting after subsection (d) the following: ``(e) Priority.--In providing financial assistance under this section, the Secretary shall give priority to projects designed to facilitate the acquisition of equipment and training of wildlife officials in ivory producing countries to be used in anti-poaching efforts.''. (b) Reauthorization.--Section 2306(a) of the African Elephant Conservation Act (16 U.S.C. 4245(a)) is amended by striking ``2007 through 2012'' and inserting ``2015 through 2019''.

African Elephant Conservation and Legal Ivory Possession Act of 2014 - Reauthorizes the African Elephant Conservation Act (AECA) through FY2019. Authorizes ivory to be imported or exported under the AECA and the Endangered Species Act of 1973 (ESA) if: (1) the raw ivory or worked ivory is solely for a museum; (2) it was lawfully importable into the United States on February 24, 2014, regardless of when it was acquired; or (3) the worked ivory was previously lawfully possessed in the United States. Authorizes the Department of the Interior to station one U.S. Fish and Wildlife Service law enforcement officer in the primary U.S. diplomatic or consular post in each African country that has a significant population of African elephants to assist local wildlife rangers in protecting the elephants and facilitating the apprehension of individuals who illegally kill them or assist in killing them. Requires Interior to certify a finding that a county is a significant transit or destination point for illegal ivory trade and report the certification to the President for the purposes of the Pelly Amendment to the Fishermen's Protective Act of 1967. (The Pelly Amendment authorizes the President to embargo wildlife products when the Interior certifies that a country is engaging in trade or certain actions that diminish the effectiveness of an international agreement for the conservation of endangered or threatened species.) Authorizes under the AECA and ESA: (1) the possession, sale, delivery, receipt, shipment, or transportation of African elephant ivory that has been lawfully imported or crafted in the United States, and (2) the importation of a sport-hunted African elephant trophy if the country in which the elephant was taken has elephants that are listed on Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) at the time the trophy is imported.

{"src": "billsum_train", "title": "African Elephant Conservation and Legal Ivory Possession Act of 2014"}

TITLE I--OVERTIME RIGHTS PROTECTION SEC. 101. CLARIFICATION OF REGULATIONS RELATING TO OVERTIME COMPENSATION. Section 13 of the Fair Labor Standards Act of 1938 (29 U.S.C. 213) is amended by adding at the end the following: ``(k)(1) Notwithstanding the provisions of subchapter II of chapter 5 and chapter 7 of title 5, United States Code (commonly referred to as the Administrative Procedures Act) or any other provision of law, any portion of the final rule promulgated on April 23, 2004, revising part 541 of title 29, Code of Federal Regulations, that exempts from the overtime pay provision of section 7 of this Act any employee who would not otherwise be exempt if the regulations in effect on March 31, 2003, remained in effect, shall have no force or effect and that portion of such regulations (as in effect on March 31, 2003) that would prevent such employee from being exempt shall be reinstated. ``(2) The Secretary shall adjust the minimum salary level for exemption under section 13(a)(1) in the following manner: ``(A) Not later than 60 days after the date of enactment of this subsection, the Secretary shall increase the minimum salary level for exemption under subsection (a)(1) for executive, administrative, and managerial occupations from the level of $155 per week in 1975 to $591 per week (an amount equal to the increase in the Employment Cost Index (published by the Bureau of Labor Statistics) for executive, administrative, and managerial occupations between 1975 and 2005). ``(B) Not later than December 31 of the calendar year following the increase required in subparagraph (A), and each December 31 thereafter, the Secretary shall increase the minimum salary level for exemption under subsection (a)(1) by an amount equal to the increase in the Employment Cost Index for executive, administrative, and managerial occupations for the year involved.''. TITLE II--FAIR MINIMUM WAGE SEC. 111. MINIMUM WAGE. (a) In General.--Section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended to read as follows: ``(1) except as otherwise provided in this section, not less than-- ``(A) $5.85 an hour, beginning on the 60th day after the date of enactment of this paragraph; ``(B) $6.55 an hour, beginning 12 months after that 60th day; and ``(C) $7.25 an hour, beginning 24 months after that 60th day;''. (b) Effective Date.--The amendment made by subsection (a) shall take effect 60 days after the date of enactment of this Act. TITLE III--SENSE OF THE SENATE REGARDING MULTIEMPLOYER PENSION PLANS SEC. 121. SENSE OF THE SENATE REGARDING MULTIEMPLOYER PENSION PLANS. (a) Findings.--The Senate makes the following findings: (1) Multiemployer pension plans have been a major force in the delivery of employee benefits to active and retired American workers and their dependents for over half a century. (2) There are approximately 1,700 multiemployer defined benefit pension plans in which approximately 9,700,000 workers and retirees participate. (3) Three-quarters of the approximately 60,000 to 65,000 employers that participate in multiemployer plans have fewer that 100 employees. (4) Multiemployer plans allow for greater access and affordability for smaller employers and pension portability for their employees as they move from one job to another, and permit workers to earn a pension where they might otherwise not be able to do so. (5) The 2000-2002 drop in the stock market and decline in equity values has affected all investors, including multiemployer plans. (6) The decline in value sustained by multiemployer defined benefit pension plans have threatened the stability of this private sector source of secure retirement income. (7) Participating employers could face onerous excise taxes and other penalties as a result of the serious, adverse financial impact due to these market losses. (8) In 2004, the United States Senate recognized the severity of this situation and passed by an overwhelmingly, large bipartisan margin of 86 to 9 temporary relief provisions for single and multiemployer defined benefit pension plans. (b) Sense of the Senate.--It is the sense of the Senate that the Senate-- (1) expresses its strong support for multiemployer defined benefit pension plans; (2) recognizes the importance of an environment in which multiemployer plans can continue their vital role in providing benefits to working men and women; (3) recognizes that multiemployer pension plan relief must be designed for the multiemployer labor-relations environment that supports the plans; and (4) supports legislation to strengthen and protect the viability of multiemployer pension plans for the continued benefit of current and retired members, and their families and survivors, and to strengthen the ability of all plans to address funding problems that occur.

Amends the Fair Labor Standards Act of 1938 (FLSA) to deny any force or effect to any portion of a rule promulgated on April 23, 2004, that has the effect of exempting from FLSA overtime compensation requirements (which limit maximum hours at regular compensation) any employee who would not otherwise be exempted if regulations in effect on March 31, 2003, remained in effect. Reinstates that portion of such regulations that would prevent such an employee from being exempt. Directs the Secretary of Labor to increase, in a specified manner, the minimum salary level for the exemption for executive, administrative, and managerial occupations from FLSA overtime compensation requirements. Amends the FLSA to increase the Federal minimum wage to: (1) $5.85 an hour, beginning on the 60th day after enactment of this Act; (2) $6.55 an hour, beginning 12 months after that 60th day; and (3) $7.25 an hour, beginning 24 months after that 60th day. Expresses the sense of the Senate regarding multiemployer pension plans.

{"src": "billsum_train", "title": "A bill to provide fair wages for America's workers."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Custody Protection Act of 2017''. SEC. 2. TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS RELATING TO ABORTION. (a) In General.--Part I of title 18, United States Code, is amended by inserting after chapter 117 the following: ``CHAPTER 117A--TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS RELATING TO ABORTION ``Sec. ``2431. Transportation of minors in circumvention of certain laws relating to abortion. ``2432. Transportation of minors in circumvention of certain laws relating to incest. ``Sec. 2431. Transportation of minors in circumvention of certain laws relating to abortion ``(a) Definitions.--In this section-- ``(1) the term `law requiring parental involvement in a minor's abortion decision' means a law in force in the State in which a minor resides that-- ``(A) requires, before an abortion is performed on the minor-- ``(i) notification to, or consent of, a parent of the minor; or ``(ii) judicial authorization from a State court; and ``(B) does not provide as an alternative to the requirements described in subparagraph (A)-- ``(i) notification to, or consent of, an individual who is not a parent of the minor; or ``(ii) authorization from an entity that is not a State court; ``(2) the term `parent' means-- ``(A) a parent or guardian; ``(B) a legal custodian; or ``(C) an individual standing in loco parentis who has care and control of a minor, with whom the minor regularly resides, and who is designated by a law requiring parental involvement in the minor's abortion decision as an individual to whom notification, or from whom consent, is required; ``(3) the term `minor' means an individual who is not older than the maximum age requiring parental notification or consent, or judicial authorization from a State court, under a law requiring parental involvement in a minor's abortion decision; and ``(4) the term `State' includes the District of Columbia and any commonwealth, possession, or other territory of the United States. ``(b) Offense.-- ``(1) Generally.--Except as provided in subsection (c), whoever knowingly transports a minor across a State line, with the intent that the minor obtain an abortion, and thereby in fact abridges the right of a parent of the minor under a law requiring parental involvement in a minor's abortion decision, shall be fined under this title or imprisoned not more than 1 year, or both. ``(2) Definition.--For purposes of this subsection, an abridgement of the right of a parent of a minor occurs if an abortion is performed on the minor, in a State other than the State in which the minor resides, without the parental consent or notification, or the judicial authorization, that would have been required under a law requiring parental involvement in a minor's abortion decision, had the abortion been performed in the State in which the minor resides. ``(c) Exceptions.-- ``(1) Life-endangering conditions.--The prohibition under subsection (b) shall not apply in the case of an abortion that is necessary to save the life of a minor because her life is endangered by a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself. ``(2) Minors and parents.--A minor transported in violation of this section, and any parent of the minor, may not be prosecuted or sued for a violation of this section, a conspiracy to violate this section, or an offense under section 2 or 3 based on a violation of this section. ``(d) Affirmative Defense.--It is an affirmative defense to a prosecution for an offense, or to a civil action, based on a violation of this section that the defendant reasonably believed, based on information the defendant obtained directly from a parent of the minor or other compelling facts, that before the minor obtained the abortion, the parental consent or notification, or judicial authorization, that would have been required under the law requiring parental involvement in a minor's abortion decision, had the abortion been performed in the State in which the minor resides, took place. ``(e) Civil Action.--Any parent who suffers harm from a violation of subsection (b) may obtain appropriate relief in a civil action, unless the parent has committed an act of incest with the minor who was transported in violation of subsection (b). ``Sec. 2432. Transportation of minors in circumvention of certain laws relating to incest ``Notwithstanding section 2431(c)(2), whoever has committed an act of incest with a minor and knowingly transports the minor across a State line with the intent that the minor obtain an abortion, shall be fined under this title or imprisoned not more than 1 year, or both.''. (b) Technical and Conforming Amendment.--The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 117 the following: ``117A. Transportation of minors in circumvention of certain 2431''. laws relating to abortion.

Child Custody Protection Act of 2017 This bill amends the federal criminal code to make it a crime to knowingly transport a minor across a state line to obtain an abortion without satisfying a parental involvement law in the minor's resident state. A parental involvement law requires parental consent or notification, or judicial authorization, for a minor to obtain an abortion. A violator is subject to criminal penalties—a fine, up to one year in prison, or both. The bill provides an exception for an abortion that is necessary to save the life of a minor whose life is endangered by a physical disorder, illness, or condition. This bill also prohibits and imposes criminal penalties on an individual who commits incest with a minor and knowingly transports the minor across a state line to receive an abortion.

{"src": "billsum_train", "title": "Child Custody Protection Act of 2017"}

SECTION 1. DOMESTIC REFUGEE RESETTLEMENT REFORM AND MODERNIZATION. (a) Definitions.--In this section: (1) Community-based organization.--The term ``community- based organization'' means a nonprofit organization providing a variety of social, health, educational and community services to a population that includes refugees resettled into the United States. (2) Director.--The term ``Director'' means the Director of the Office of Refugee Resettlement in the Department of Health and Human Services. (3) National resettlement agencies.--The term ``national resettlement agencies'' means voluntary agencies contracting with the Department of State to provide sponsorship and initial resettlement services to refugees entering the United States. (b) Assessment of Refugee Domestic Resettlement Programs.-- (1) In general.--As soon as practicable after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study regarding the effectiveness of the domestic refugee resettlement programs operated by the Office of Refugee Resettlement. (2) Matters to be studied.--In the study required under paragraph (1), the Comptroller General shall determine and analyze-- (A) how the Office of Refugee Resettlement defines self-sufficiency and integration and if these definitions adequately represent refugees' needs in the United States; (B) the effectiveness of Office of Refugee Resettlement programs in helping refugees to meet self- sufficiency and integration; (C) technological solutions for consistently tracking secondary migration, including opportunities for interagency data sharing; (D) the Office of Refugee Resettlement's budgetary resources and project the amount of additional resources needed to fully address the unmet needs of refugees with regard to self-sufficiency and integration; (E) the role of community-based organizations in serving refugees in areas experiencing a high number of new refugee arrivals; (F) how community-based organizations can be better utilized and supported in the Federal domestic resettlement process; (G) recertification processes for high-skilled refugees, specifically considering how to decrease barriers for Special Immigrant Visa holders to use their skills; and (H) recommended statutory changes to improve the Office of Refugee Resettlement and the domestic refugee program in relation to the matters analyzed under subparagraphs (A) through (G). (3) Report.--Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit to Congress the results of the study required under this subsection. (c) Refugee Assistance.-- (1) Assistance made available to secondary migrants.-- Section 412(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1522(a)(1)) is amended by adding at the end the following: ``(C) The Director shall ensure that assistance under this section is provided to refugees who are secondary migrants and meet all other eligibility requirements for such assistance.''. (2) Report on secondary migration.--Section 412(a)(3) of such Act (8 U.S.C. 1522(a)(3)) is amended-- (A) by inserting ``(A)'' after ``(3)''; (B) by striking ``periodic'' and inserting ``annual''; and (C) by adding at the end the following: ``(B) At the end of each fiscal year, the Director shall submit a report to Congress that includes-- ``(i) States experiencing departures and arrivals due to secondary migration; ``(ii) likely reasons for migration; ``(iii) the impact of secondary migration on States hosting secondary migrants; ``(iv) the availability of social services for secondary migrants in those States; and ``(v) unmet needs of those secondary migrants.''. (3) Amendments to social services funding.--Section 412(c)(1)(B) of such Act (8 U.S.C. 1522(c)(1)(B)) is amended-- (A) by inserting ``a combination of--'' after ``based on''; (B) by striking ``the total number'' and inserting the following: ``(i) the total number''; and (C) by striking the period at the end and inserting the following: ``(ii) the total number of all other eligible populations served by the Office during the period described who are residing in the State as of the beginning of the fiscal year; and ``(iii) projections on the number and nature of incoming refugees and other populations served by the Office during the subsequent fiscal year.''. (4) Notice and rulemaking.--Not later than 90 days after the date of the enactment of this Act and not later than 30 days before the effective date set forth in paragraph (5), the Director shall-- (A) issue a proposed rule for a new formula by which grants and contracts are to be allocated pursuant to the amendments made by paragraph (3); and (B) solicit public comment regarding such proposed rule. (5) Effective date.--The amendments made by this subsection shall become effective on the first day of the first fiscal year that begins after the date of the enactment of this Act. (d) Resettlement Data.-- (1) In general.--The Director shall expand the Office of Refugee Resettlement's data analysis, collection, and sharing activities in accordance with the requirements set forth in paragraphs (2) through (5). (2) Data on mental and physical medical cases.--The Director shall-- (A) coordinate with the Centers for Disease Control and Prevention, national resettlement agencies, community-based organizations, and State refugee health programs to track national and State trends on refugees arriving with Class A medical conditions and other urgent medical needs; (B) examine the information sharing process, from country of arrival through refugee resettlement, to determine if access to additional mental health data could-- (i) help determine placements; and (ii) enable agencies to better prepare to meet refugee mental health needs; and (C) in collecting information under this paragraph, utilize initial refugee health screening data, including-- (i) a history of severe trauma, torture, mental health symptoms, depression, anxiety, and posttraumatic stress disorder recorded during domestic and international health screenings; and (ii) Refugee Medical Assistance utilization rate data. (3) Data on housing needs.--The Director shall partner with State refugee programs, community-based organizations, and national resettlement agencies to collect data relating to the housing needs of refugees, including-- (A) the number of refugees who have become homeless; and (B) the number of refugees who are at severe risk of becoming homeless. (4) Data on refugee employment and self-sufficiency.--The Director shall gather longitudinal information relating to refugee self-sufficiency, integration, and employment status during the 2-year period beginning 1 year after the date on which the refugees arrived in the United States. (5) Availability of data.--The Director shall annually-- (A) update the data collected under this subsection; and (B) submit a report to Congress that contains the updated data. (e) Guidance Regarding Refugee Placement Decisions.-- (1) Consultation.--The Secretary of State shall provide guidance to national resettlement agencies and State refugee coordinators on consultation with local stakeholders pertaining to refugee resettlement. (2) Best practices.--The Secretary of Health and Human Services, in collaboration with the Secretary of State, shall collect best practices related to the implementation of the guidance on stakeholder consultation on refugee resettlement from voluntary agencies and State refugee coordinators and disseminate such best practices to such agencies and coordinators. (f) Effective Date.--This section (except for the amendments made by subsection (c)) shall take effect on the date that is 90 days after the date of the enactment of this Act.

Requires the Government Accountability Office to study the effectiveness of the Office of Refugee Resettlement's domestic refugee resettlement programs. Requires the Office to: (1) ensure that refugee assistance is provided to qualifying refugees who are secondary migrants; (2) report to Congress regarding states experiencing departures and arrivals due to secondary migration; and (3) expand the Office's data analysis, collection, and sharing activities to include data on mental and physical medical cases, housing needs, and refugee employment. Requires the Department of State and the Department of Health and Human Services to provide refugee resettlement guidance to appropriate national, state, and local entities.

{"src": "billsum_train", "title": "To reform and modernize domestic refugee resettlement programs, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rent Reform and Empowerment Act of 1995''. SEC. 2. CEILING RENTS. Section 3(a)(2) of the United States Housing Act of 1937 (42 U.S.C. 1437a(a)(2)) is amended-- (1) in subparagraph (A)-- (A) in clause (i), by striking ``and approved by the Secretary''; and (B) by striking clause (iii) and inserting the following new clause: ``(iii) at the election of such agency, is-- ``(I) not less than the average monthly amount of debt service and operating expenses attributable to dwelling units of similar size in public housing projects owned and operated by such agency; ``(II) not less than the reasonable rental value of the unit, as determined by the agency; or ``(III) not less than the local market rent determined by the agency for comparable units of similar size pursuant to the procedures prescribed by the Secretary for determining rent reasonableness under the program for rental certificate assistance under section 8(b).''; (2) by redesignating subparagraph (B) as subparagraph (D); and (3) by inserting after subparagraph (A) the following new subparagraphs: ``(B) Any ceiling rents established by a public housing agency pursuant to this paragraph may be adjusted by the agency. ``(C)(i) Any ceiling rents established pursuant to subclause (I) or (III) of subparagraph (A)(iii) shall take effect at the discretion of the public housing agency. ``(ii) Any ceiling rents established pursuant to subclause (II) of subparagraph (A)(iii) may not take effect before the issuance of regulations to carry out such subclause, which shall be issued by the Secretary not later than 180 days after the date of the enactment of the Rent Reform and Empowerment Act of 1995. ``(iii) Before the effectiveness of regulations under clause (ii), an agency shall determine the reasonable rental value of unit for purposes of subclause (II) of subparagraph (A)(iii) based upon (I) in a project of 50 or more units for which such ceiling rents are being established, the 95th percentile of rents paid for all units in the project, (II) in a group of comparable projects for which such ceiling rents are being established that consists of a total of 50 or more units, all units in the projects, and (III) in a group of at least 50 comparable units for which such ceiling rents are being established, all units in the group.''. SEC. 3. EXCLUSIONS FROM ADJUSTED INCOME. Section 3(b)(5) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(5)) is amended-- (1) in subparagraph (C)-- (A) by striking ``and'' before ``(ii)''; and (B) by inserting before the semicolon at the end the following; ``; and (iii) to the extent documented by the family, the amount paid by the family for health insurance coverage and any other nonreimbursed out-of- pocket medical expenses for any members of the family residing in the household who, at the time, are not receiving or approved to receive any assistance for health care from the Federal Government or any State government, except that this clause shall apply only to families residing in public housing''; (2) in subparagraph (E), by inserting before the semicolon at the end the following: ``, except that in the case of a family residing in public housing the amount excluded under this subparagraph shall be 20 percent of the earned income of the family remaining after excluding any amounts pursuant to subparagraph (H)''; (3) in subparagraph (F), by striking ``and'' at the end; (4) in subparagraph (G), by striking the period at the end and inserting a semicolon; and (5) by adding at the end the following new subparagraphs: ``(H) in the case of a family residing in public housing, any earned income of any formerly dependent child who is a member of the family residing in the family's dwelling unit during the period beginning on the date of the first redetermination of the rent for and family composition of the family that occurs after the child reaches 18 years of age and ending upon the date of the first such redetermination occurring after he or she reaches 21 years of age, except that, effective during and after the first fiscal year that commences after the expiration of the 4-year period beginning on the date of the enactment of the Rent Reform and Empowerment Act of 1995, amounts earned by a child may not be excluded under this subparagraph unless (i) the child is enrolled in and attending high school (or a recognized equivalency program), or has received a high school diploma (or the recognized equivalent thereof), or (ii) the public housing agency has determined that requiring the child to comply with clause (i) would significantly interfere with the sole source of financial support of the family or would otherwise create a significant hardship for the family of the child; and ``(I) in the case of 2-parent families with children (as defined by the Secretary by regulation) who reside in public housing, an amount (in addition to any amounts excluded under subparagraphs (E) and (H)) not to exceed 10 percent of any earned income of the family.''. SEC. 4. EXCLUSION OF EARNED INCOME OF RESIDENTS WHO OBTAIN EMPLOYMENT FROM RENT DETERMINATIONS. (a) In General.--Section 3(a) of the United States Housing Act of 1937 (42 U.S.C. 1437a(a)) is amended-- (1) in the third sentence of paragraph (1), by striking ``paragraph (2)'' and inserting ``paragraphs (2) and (3)''; and (2) by adding at the end the following new paragraph: ``(3) Optional Exclusion of Earned Income From Rent Determination for Families Previously Unemployed.--Notwithstanding any other provision of law, a public housing agency may provide (at the option of a public housing agency) that, for all units in public housing administered by the agency, the rent payable under subsection (b) for any such unit occupied by a family whose income increases as a result of employment of a member of the family who was previously unemployed for 1 or more years, may not-- ``(A) be increased as a result of the increased income due to such employment during the period that begins upon the commencement of such employment and ends upon the second annual redetermination of the rent for and family composition of the family occurring thereafter; ``(B) during any 12-month period occurring during the 36 months succeeding the expiration of the period under subparagraph (A) for the family, be increased due to the continued employment of such family member by more than one- third of the difference between (i) the rent being paid by the family upon expiration of such period, and (ii) the amount of rent that the family would pay but for the applicability of this paragraph; and ``(C) in any case, exceed the amount determined under paragraph (1) or (2).''. SEC. 5. EXCLUSION FROM INCOME OF EARNINGS FROM JOB TRAINING AND SELF- SUFFICIENCY PROGRAMS. Section 3 of the United States Housing Act of 1937 (42 U.S.C. 1437a) is amended-- (1) in subsection (b)(4), by inserting before the period at the end the following: ``, and except that the earnings of and benefits to any public housing resident resulting from enrollment and participation in a program providing employment training and supportive services in accordance with the Family Support Act of 1988, section 22 of this Act, the Job Training Partnership Act, subtitle D of title IV of the Cranston- Gonzalez National Affordable Housing Act, part F of title IV of the Social Security Act, or any comparable Federal, State, or local law shall not be considered as income for the purposes of determining a limitation on the amount of rent paid by the resident during the period that the resident enrolls and participates in such program''; and (2) by striking the undesignated paragraph at the end of subsection (c)(3) (as added by section 515(b) of the Cranston- Gonzalez National Affordable Housing Act). SEC. 6. APPLICABILITY. Notwithstanding the amendments made by this Act, any resident of public housing participating in the program under the authority contained in the undesignated paragraph at the end of section 3(c)(3) of the United States Housing Act of 1937 (as added by section 515(b) of the Cranston-Gonzalez National Affordable Housing Act (Public Law 101- 625; 104 Stat. 4199)), as such paragraph existed before the date of enactment of this Act, shall continue to be governed by such authority. SEC. 7. PERFORMANCE FUNDING SYSTEM. Section 9(a)(3)(B) of the United States Housing Act of 1937 (42 U.S.C. 1437g(a)(3)(B)) is amended-- (1) in clause (iv), by striking ``and'' at the end; (2) in clause (v), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new clause: ``(vi) the amount of any reduced revenue resulting from the exclusion of income of public housing residents pursuant to section 3(b)(5)(E) shall be calculated and included in the amount of the payment received under this section by the public housing agency administering the public housing in which such residents reside;''. SEC. 8. EFFECTIVE DATE. The amendments under this Act shall be made and shall take effect on the earlier of-- (1) the date of the effectiveness of the regulations under section 9; or (2) the expiration of the 120-day period beginning on the date of the enactment of this Act. SEC. 9. REGULATIONS. The Secretary shall issue any final regulations necessary to implement the amendments made by this Act, which shall take effect not later than the expiration of the 120-day period beginning on the date of the enactment of this Act. The regulations shall be issued after notice and opportunity for public comment in accordance with the procedures under section 553 of title 5, United States Code, applicable to substantive rules (notwithstanding subsections (a)(2), (b)(B), and (d)(3) of such section).

Rent Reform and Empowerment Act of 1995 - Amends the United States Housing Act of 1937 to revise public housing rent determinations.

{"src": "billsum_train", "title": "Rent Reform and Empowerment Act of 1995"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Retail Investor Protection Act''. SEC. 2. STAY ON RULES DEFINING CERTAIN FIDUCIARIES. After the date of enactment of this Act, the Secretary of Labor shall not prescribe any regulation under the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.) defining the circumstances under which an individual is considered a fiduciary until the date that is 60 days after the Securities and Exchange Commission issues a final rule relating to standards of conduct for brokers and dealers pursuant to the second subsection (k) of section 15 of the Securities Exchange Act of 1934 (15 U.S.C. 78o(k)). SEC. 3. AMENDMENTS TO THE SECURITIES EXCHANGE ACT OF 1934. The second subsection (k) of section 15 of the Securities Exchange Act of 1934 (15 U.S.C. 78o(k)), as added by section 913(g)(1) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301 et seq.), is amended by adding at the end the following: ``(3) Requirements prior to rulemaking.--The Commission shall not promulgate a rule pursuant to paragraph (1) before-- ``(A) providing a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate describing whether-- ``(i) retail investors (and such other customers as the Commission may provide) are being harmed due to brokers or dealers operating under different standards of conduct than those that apply to investment advisors under section 211 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-11); ``(ii) alternative remedies will reduce any confusion or harm to retail investors due to brokers or dealers operating under different standards of conduct than those standards that apply to investment advisors under section 211 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-11), including-- ``(I) simplifying the titles used by brokers, dealers, and investment advisers; and ``(II) enhancing disclosure surrounding the different standards of conduct currently applicable to brokers, dealers, and investment advisers; ``(iii) the adoption of a uniform fiduciary standard of conduct for brokers, dealers, and investment advisors would adversely impact the commissions of brokers and dealers, the availability of proprietary products offered by brokers and dealers, and the ability of brokers and dealers to engage in principal transactions with customers; and ``(iv) the adoption of a uniform fiduciary standard of conduct for brokers or dealers and investment advisors would adversely impact retail investor access to personalized and cost-effective investment advice, recommendations about securities, or the availability of such advice and recommendations. ``(4) Economic analysis.--The Commission's conclusions contained in the report described in paragraph (3) shall be supported by economic analysis. ``(5) Requirements for promulgating a rule.--The Commission shall publish in the Federal Register alongside the rule promulgated pursuant to paragraph (1) formal findings that such rule would reduce confusion or harm to retail customers (and such other customers as the Commission may by rule provide) due to different standards of conduct applicable to brokers, dealers, and investment advisors. ``(6) Requirements under investment advisers act of 1940.-- In proposing rules under paragraph (1) for brokers or dealers, the Commission shall consider the differences in the registration, supervision, and examination requirements applicable to brokers, dealers, and investment advisors.''. Passed the House of Representatives October 27, 2015. Attest: KAREN L. HAAS, Clerk.

. Retail Investor Protection Act (Sec. 2) Prohibits the Secretary of Labor from prescribing any regulation under the Employee Retirement Income Security Act of 1974 (ERISA) defining the circumstances under which an individual is considered a fiduciary until 60 days after the Securities and Exchange Commission (SEC) issues a final rule governing standards of conduct for brokers and dealers under specified law. (Sec. 3) Amends the Securities Exchange Act of 1934 to prohibit the SEC from promulgating a rule establishing an investment advisor standard of conduct as the standard of conduct of brokers and dealers before it reports to certain congressional committees whether: retail investors and other customers are being harmed due to brokers or dealers operating under different standards of conduct than those applicable to investment advisors under the Investment Advisers Act of 1940; alternative remedies will reduce any confusion or harm to retail investors due to brokers or dealers operating under such different standards of conduct; adoption of a uniform fiduciary standard of conduct for brokers or dealers and investment advisors would adversely impact their commissions and the availability of proprietary products offered by brokers and dealers, as well as the ability of brokers and dealers to engage in principal transactions with customers; and adoption of a uniform fiduciary standard of conduct for brokers or dealers and investment advisors would adversely impact retail investor access to personalized, cost-effective investment advice and recommendations. Requires the SEC: (1) to publish in the Federal Register formal findings that such rule would reduce retail customer confusion or harm due to standards of conduct applicable to brokers, dealers, and investment advisors; and (2) in proposing rules to consider the differences in the registration, supervision, and examination requirements applicable to brokers, dealers, and investment advisors.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Animal Crush Video Prohibition Act of 2010''. SEC. 2. FINDINGS. The Congress finds the following: (1) The United States has a long history of prohibiting the interstate sale, marketing, advertising, exchange, and distribution of obscene material and speech that is integral to criminal conduct. (2) The Federal Government and the States have a compelling interest in preventing intentional acts of extreme animal cruelty. (3) Each of the several States and the District of Columbia criminalize intentional acts of extreme animal cruelty, such as the intentional crushing, burning, drowning, suffocating, or impaling of animals for no socially redeeming purpose. (4) There are certain extreme acts of animal cruelty that appeal to a specific sexual fetish. These acts of extreme animal cruelty are videotaped, and the resulting video tapes are commonly referred to as ``animal crush videos''. (5) The Supreme Court of the United States has long held that obscenity is an exception to speech protected under the First Amendment to the Constitution of the United States. (6) In the judgment of Congress, many animal crush videos are obscene in the sense that the depictions, taken as a whole-- (A) appeal to the prurient interest in sex; (B) are patently offensive; and (C) lack serious literary, artistic, political, or scientific value. (7) Serious criminal acts of extreme animal cruelty are integral to the creation, sale, distribution, advertising, marketing, and exchange of animal crush videos. (8) The creation, sale, distribution, advertising, marketing, and exchange of animal crush videos is intrinsically related and integral to creating an incentive for, directly causing, and perpetuating demand for the serious acts of extreme animal cruelty the videos depict. The primary reason for those criminal acts is the creation, sale, distribution, advertising, marketing, and exchange of the animal crush video image. (9) The serious acts of extreme animal cruelty necessary to make animal crush videos are committed in a clandestine manner that-- (A) allows the perpetrators of such crimes to remain anonymous; (B) makes it extraordinarily difficult to establish the jurisdiction within which the underlying criminal acts of extreme animal cruelty occurred; and (C) often precludes proof that the criminal acts occurred within the statute of limitations. (10) Each of the difficulties described in paragraph (9) seriously frustrates and impedes the ability of State authorities to enforce the criminal statutes prohibiting such behavior. SEC. 3. ANIMAL CRUSH VIDEOS. (a) In General.--Section 48 of title 18, United States Code, is amended to read as follows: ``Sec. 48. Animal crush videos ``(a) Definition.--In this section the term `animal crush video' means any photograph, motion-picture film, video or digital recording, or electronic image that-- ``(1) depicts actual conduct in which 1 or more living non- human mammals, birds, reptiles, or amphibians is intentionally crushed, burned, drowned, suffocated, impaled, or otherwise subjected to serious bodily injury (as defined in section 1365 and including conduct that, if committed against a person and in the special maritime and territorial jurisdiction of the United States, would violate section 2241 or 2242); and ``(2) is obscene. ``(b) Prohibitions.-- ``(1) Creation of animal crush videos.--It shall be unlawful for any person to knowingly create an animal crush video, or to attempt or conspire to do so, if-- ``(A) the person intends or has reason to know that the animal crush video will be distributed in, or using a means or facility of, interstate or foreign commerce; or ``(B) the animal crush video is distributed in, or using a means or facility of, interstate or foreign commerce. ``(2) Distribution of animal crush videos.--It shall be unlawful for any person to knowingly sell, market, advertise, exchange, or distribute an animal crush video in, or using a means or facility of, interstate or foreign commerce, or to attempt or conspire to do so. ``(c) Extraterritorial Application.--Subsection (b) shall apply to the knowing sale, marketing, advertising, exchange, distribution, or creation of an animal crush video outside of the United States, or any attempt or conspiracy to do so, if-- ``(1) the person engaging in such conduct intends or has reason to know that the animal crush video will be transported into the United States or its territories or possessions; or ``(2) the animal crush video is transported into the United States or its territories or possessions.'' ``(d) Penalty.--Any person who violates subsection (b) shall be fined under this title, imprisoned for not more than 7 years, or both. ``(e) Exceptions.-- ``(1) In general.--This section shall not apply with regard to any visual depiction of-- ``(A) customary and normal veterinary or agricultural husbandry practices; ``(B) the slaughter of animals for food; or ``(C) hunting, trapping, or fishing. ``(2) Good-faith distribution.--This section shall not apply to the good-faith distribution of an animal crush video to-- ``(A) a law enforcement agency; or ``(B) a third party for the sole purpose of analysis to determine if referral to a law enforcement agency is appropriate. ``(f) No Preemption.--Nothing in this section shall be construed to preempt the law of any State or local subdivision thereof to protect animals.''. (b) Clerical Amendment.--The item relating to section 48 in the table of sections for chapter 3 of title 18, United States Code, is amended to read as follows: ``48. Animal crush videos.''. (c) Severability.--If any provision of section 48 of title 18, United States Code (as amended by this section), or the application of the provision to any person or circumstance, is held to be unconstitutional, the provision and the application of the provision to other persons or circumstances shall not be affected thereby.

Animal Crush Video Prohibition Act of 2010 - Amends the federal criminal code to revise the prohibition against depictions of animal cruelty to prohibit anyone from knowingly creating an animal crush video, or attempting or conspiring to do so, if: (1) such person intends or has reason to know that such video will be distributed in, or using a means or facility of, interstate or foreign commerce; or (2) such video is distributed in, or using a means or facility of, interstate or foreign commerce. Prohibits the sale, marketing, exchange, or distribution of such videos in interstate or foreign commerce, or any attempt or conspiracy to do so. Defines "animal crush video" as any photograph, motion picture, film, video or digital recording, or electronic image that: (1) depicts actual conduct in which one or more living non-human mammals, birds, reptiles, or amphibians intentionally crushed, burned, drowned, suffocated, impaled, or otherwise subjected to serious bodily injury; and (2) is obscene. Extends the applicability of this Act to a person selling, marketing, advertising, exchanging, distributing, or creating animal crush videos outside the United States if: (1) such person intends or has reason to know that the animal crush video will be transported into the United States or its territories or possessions; or (2) the video is so transported. Imposes a fine and/or prison term of up to seven years for violations of this Act. Exempts from the application of this Act: (1) any visual depiction of customary and normal veterinary or agricultural husbandry practices, the slaughter of animals for food, or hunting, trapping, or fishing; and (2) good faith distribution of an animal crush video to a law enforcement agency or a third party for the sole purpose of determining if referral to a law enforcement agency is appropriate.

{"src": "billsum_train", "title": "A bill to amend title 18, United States Code, to prohibit the creation, sale, distribution, advertising, marketing, and exchange of animal crush videos that depict obscene acts of animal cruelty, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Restore Fiscal Discipline and Safeguard Social Security Act of 2002''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) When Congress enacted the fiscal year 2002 budget resolution, it did so based on the assurance that the Government would balance the budget without relying on social security surpluses for the remainder of the decade and beyond. Congress was also assured that it would not have to act to increase the statutory debt limit until 2008. (2) The Government is projected to run on-budget deficits that will require it to spend the social security and medicare trust fund surpluses for the rest of the decade, even before additional spending for defense and homeland security is counted, and after the economy recovers and returns to strong growth. (3) The total debt is increasing because we have not kept the commitment to save the social security and medicare trust fund surpluses. The Secretary of the Treasury has formally requested that Congress increase the statutory limit on the public debt by $750 billion, from the current level of $5.95 trillion to $6.70 trillion. Congress will have to vote to raise the debt limit because we have been borrowing those trust fund surpluses to cover a deficit in the rest of the budget instead of saving them. (4) A $750 billion increase in the debt limit would be the second largest increase in history and is irresponsible in the absence of a framework to protect taxpayers from even further increases in the national debt. (5) Congress should authorize a limited increase in the debt limit to prevent a financial default, but should also work together with the President to develop a plan to restore fiscal discipline before further increasing our debt. (6) Current law provides for enforcement of budget resolutions: (A) Legislation violating discretionary spending totals set in a budget resolution or the suballocations set by the Committee on Appropriations is subject to a point of order under section 302(f) of the Congressional Budget Act of 1974. (B) Legislation reducing receipts below a budget resolution's total is subject to a point of order under section 311(a) of the Congressional Budget Act of 1974. (b) Purpose.--The purpose of this Act is-- (1) to provide a responsible, measured increase in the debt limit to ensure that the Government meets its current legal obligations; (2) effective immediately thereafter, to limit strictly the size of further increases in the debt limit until the enactment of a plan to bring the budget into balance in five years without reliance on the social security trust fund surplus, such that any larger increase in the debt limit this fall would require a plan to balance the budget in fiscal year 2007, but if this deficit reduction should prove insufficient, the restrictions are automatically reestablished by the next regular semi-annual report of the Congressional Budget Office; (3) to require that the President submit a budget plan before the end of this fiscal year to achieve balance, without reliance on the social security trust fund surplus, by fiscal year 2007; (4) as a backup and discipline for these debt limit provisions, to establish points of order against any budget resolution that does not within five years and in all subsequent years eliminate any deficits projected by the Congressional Budget Office, without reliance on the social security trust fund surplus, using the enforcement provisions in current law to require that all subsequent spending and tax legislation conform to the budget resolution's deficit-reduction plan; and (5) thereby to restore fiscal discipline and to preserve social security for future retirees. TITLE I--INCREASE IN DEBT LIMIT SEC. 101. INCREASE IN DEBT LIMIT. (a) Increase in Statutory Debt Limit.--Section 3101(b) of title 31, United States Code, is amended by striking ``$5,950,000,000,000'' and inserting ``$6,100,000,000,000''. (b) Point of Order.--(1) Effective immediately, except as provided by paragraph (2) or (3), it shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, or conference report that includes any provision that increases the limit on the public debt above the limit set forth in section 3101(b) of title 31, United States Code, as in effect immediately before the date of consideration of that measure by more than $100,000,000,000. (2) Except as provided by paragraph (3), any bill or joint resolution may carry an increase in such limit of more than $100,000,000,000 only if the concurrent resolution on the budget for the budget year has been adopted and-- (A) sets forth or assumes a budget that is in on-budget balance or surplus within 4 fiscal years after the budget year and is in on-budget balance or surplus for every subsequent fiscal year covered by that resolution; and (B) does not contain any reduction in social security benefits. (3) Paragraphs (1) and (2) shall not apply in the House of Representatives or the Senate if the chairman of the Committee on the Budget of the House or of the Senate, as applicable, certifies, based on the report of the Congressional Budget Office pursuant to section 202(e)(1) or (2) of the Congressional Budget Act of 1974, whichever report is the most recent, that the budget will be in on-budget balance or surplus within 4 fiscal years after the budget year and is in on- budget balance or surplus for every subsequent fiscal year covered by that report. If legislation to extend the discretionary spending limits beyond fiscal year 2002 is enacted before the date of release of such report, the Congressional Budget Office shall assume such discretionary spending levels. Any such certification shall only have force and effect until the date of submission of the next report under either such section. SEC. 102. PRESIDENTIAL PLAN TO BALANCE THE BUDGET. (a) Presidential Plan.--The President shall submit to the Congress by September 30, 2002, a proposal to bring the budget of the Government (excluding the receipts and disbursements of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund) into balance or surplus by fiscal year 2007. (b) Sense of Congress.--It is the sense of Congress that the plan described in subsection (a) should be based on the most recent economic and technical assumptions of the Congressional Budget Office. TITLE II--CIRCUIT BREAKER TO PROTECT SOCIAL SECURITY SEC. 201. CIRCUIT BREAKER TO PROTECT SOCIAL SECURITY. (a) Circuit Breaker Points of Order.--(1) Effective January 1, 2003, whenever the most recent report of the Congressional Budget Office pursuant to section 202(e)(1) of the Congressional Budget Act of 1974 projects an on-budget deficit for any fiscal year, it shall not be in order in the House of Representatives or the Senate to consider any concurrent resolution on the budget that-- (A) sets forth or assumes an on-budget deficit for any such fiscal year that is larger than such Congressional Budget Office projection for that fiscal year; (B) sets forth or assumes a budget that is not in on-budget balance or surplus within 4 fiscal years after the budget year and is not in on-budget balance or surplus for any subsequent fiscal year covered by that resolution; or (C) contains any reduction in social security benefits. (2) Effective January 1, 2003, whenever the most recent report of the Congressional Budget Office pursuant to section 202(e)(1) of the Congressional Budget Act of 1974 projects both on-budget surpluses (or a balanced budget) and deficits for the fiscal years included in that report, it shall not be in order in the House of Representatives or the Senate to consider any concurrent resolution on the budget that-- (A) sets forth or assumes an on-budget deficit for any fiscal year for which such Congressional Budget Office projection for that fiscal year is for an on-budget surplus or balance; or (B) contains any reduction in social security benefits. (b) Suspension of Requirement During War or Low Economic Growth.-- (1) Low growth.--If the most recent of the Department of Commerce's advance, preliminary, or final reports of actual real economic growth indicate that the rate of real economic growth (as measured by real GDP) for each of the most recently reported quarter and the immediately preceding quarter is less than 1 percent, this section is suspended. (2) War.--If a declaration of war is in effect, this section is suspended.

Restore Fiscal Discipline and Safeguard Social Security Act of 2002 - Amends Federal money and finance law to increase the statutory debt limit to $6.1 trillion.Makes it out of order for the House of Representatives or the Senate to consider any bill or amendment that increases the public debt limit above the new one established by this Act by more than $100 billion, except in specified circumstances.Directs the President to submit to Congress a proposal to bring the budget of the Government (excluding the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund) into balance or surplus by FY 2007.Makes it out of order for the House or the Senate, whenever the most recent CBO report projects an on-budget deficit for any fiscal year, to consider any concurrent resolution on the budget that: (1) sets forth or assumes an on-budget deficit for any such fiscal year larger than such projection; (2) sets forth or assumes a budget that is not in on-budget balance or surplus within four fiscal years, and is not in on-budget balance or surplus for any covered subsequent fiscal year; or (3) contains any reduction in social security benefits.Makes it out of order for the House or the Senate, whenever the most recent CBO report projects both on-budget surpluses (or a balanced budget) and deficits for the fiscal years concerned, to consider any concurrent resolution on the budget that: (1) sets forth or assumes an on-budget deficit for any fiscal year for which the CBO projection is for an on-budget surplus or balance; or (2) contains any reduction in social security benefits.Suspends such requirements during war or low economic growth.

{"src": "billsum_train", "title": "To provide a responsible increase in the debt limit, restore fiscal discipline, and safeguard Social Security."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Aviation Safety Protection Act''. SEC. 2. PROTECTION OF EMPLOYEES PROVIDING AIR SAFETY INFORMATION. (a) In General.--Chapter 421 of title 49, United States Code, is amended by adding at the end the following: ``SUBCHAPTER III--WHISTLEBLOWER PROTECTION PROGRAM ``Sec. 42121. Protection of employees providing air safety information ``(a) Discrimination Against Airline Employees.--No air carrier or contractor or subcontractor of an air carrier may discharge an employee of the air carrier or the contractor or subcontractor of an air carrier or otherwise discriminate against any such employee with respect to compensation, terms, conditions, or privileges of employment because the employee (or any person acting pursuant to a request of the employee)-- ``(1) provided, caused to be provided, or is about to provide or cause to be provided, to the Federal Government information relating to any violation or alleged violation of any order, regulation, or standard of the Federal Aviation Administration or any other provision of Federal law relating to air carrier safety under this subtitle or any other law of the United States; ``(2) has filed, caused to be filed, or is about to file or cause to be filed, a proceeding relating to any violation or alleged violation of any order, regulation, or standard of the Federal Aviation Administration or any other provision of Federal law relating to air carrier safety under this subtitle or any other law of the United States; ``(3) testified or will testify in such a proceeding; or ``(4) assisted or participated or is about to assist or participate in such a proceeding. ``(b) Department of Labor Complaint Procedure.-- ``(1) Filing and notification.-- ``(A) In general.--In accordance with this paragraph, a person may file (or have a person file on behalf of that person) a complaint with the Secretary of Labor if that person believes that an air carrier or contractor or subcontractor of an air carrier discharged or otherwise discriminated against that person in violation of subsection (a). ``(B) Requirements for filing complaints.--A complaint referred to in subparagraph (A) may be filed not later than 90 days after an alleged violation occurs. The complaint shall state the alleged violation. ``(C) Notification.--Upon receipt of a complaint submitted under subparagraph (A), the Secretary of Labor shall notify the air carrier, contractor, or subcontractor named in the complaint and the Administrator of the Federal Aviation Administration of the-- ``(i) filing of the complaint; ``(ii) allegations contained in the complaint; ``(iii) substance of evidence supporting the complaint; and ``(iv) opportunities that are afforded to the air carrier, contractor, or subcontractor under paragraph (2). ``(2) Investigation; preliminary order.-- ``(A) In general.-- ``(i) Investigation.--Not later than 60 days after receipt of a complaint filed under paragraph (1) and after affording the person named in the complaint an opportunity to submit to the Secretary of Labor a written response to the complaint and an opportunity to meet with a representative of the Secretary to present statements from witnesses, the Secretary of Labor shall conduct an investigation and determine whether there is reasonable cause to believe that the complaint has merit and notify in writing the complainant and the person alleged to have committed a violation of subsection (a) of the Secretary's findings. ``(ii) Order.--Except as provided in subparagraph (B), if the Secretary of Labor concludes that there is reasonable cause to believe that a violation of subsection (a) has occurred, the Secretary shall accompany the findings referred to in clause (i) with a preliminary order providing the relief prescribed under paragraph (3)(B). ``(iii) Objections.--Not later than 30 days after the date of notification of findings under this paragraph, the person alleged to have committed the violation or the complainant may file objections to the findings or preliminary order and request a hearing on the record. ``(iv) Effect of filing.--The filing of objections under clause (iii) shall not operate to stay any reinstatement remedy contained in the preliminary order. ``(v) Hearings.--Hearings conducted pursuant to a request made under clause (iii) shall be conducted expeditiously and governed by the Federal Rules of Civil Procedure. If a hearing is not requested during the 30-day period prescribed in clause (iii), the preliminary order shall be deemed a final order that is not subject to judicial review. ``(B) Requirements.-- ``(i) Required showing by complainant.--The Secretary of Labor shall dismiss a complaint filed under this subsection and shall not conduct an investigation otherwise required under subparagraph (A) unless the complainant makes a prima facie showing that any behavior described in paragraphs (1) through (4) of subsection (a) was a contributing factor in the unfavorable personnel action alleged in the complaint. ``(ii) Showing by employer.-- Notwithstanding a finding by the Secretary that the complainant has made the showing required under clause (i), no investigation otherwise required under subparagraph (A) shall be conducted if the employer demonstrates, by clear and convincing evidence, that the employer would have taken the same unfavorable personnel action in the absence of that behavior. ``(iii) Criteria for determination by secretary.--The Secretary may determine that a violation of subsection (a) has occurred only if the complainant demonstrates that any behavior described in paragraphs (1) through (4) of subsection (a) was a contributing factor in the unfavorable personnel action alleged in the complaint. ``(iv) Prohibition.--Relief may not be ordered under subparagraph (A) if the employer demonstrates by clear and convincing evidence that the employer would have taken the same unfavorable personnel action in the absence of that behavior. ``(3) Final order.-- ``(A) Deadline for issuance; settlement agreements.-- ``(i) In general.--Not later than 120 days after conclusion of a hearing under paragraph (2), the Secretary of Labor shall issue a final order that-- ``(I) provides relief in accordance with this paragraph; or ``(II) denies the complaint. ``(ii) Settlement agreement.--At any time before issuance of a final order under this paragraph, a proceeding under this subsection may be terminated on the basis of a settlement agreement entered into by the Secretary of Labor, the complainant, and the air carrier, contractor, or subcontractor alleged to have committed the violation. ``(B) Remedy.--If, in response to a complaint filed under paragraph (1), the Secretary of Labor determines that a violation of subsection (a) has occurred, the Secretary of Labor shall order the air carrier, contractor, or subcontractor that the Secretary of Labor determines to have committed the violation to-- ``(i) take action to abate the violation; ``(ii) reinstate the complainant to the former position of the complainant and ensure the payment of compensation (including back pay) and the restoration of terms, conditions, and privileges associated with the employment; and ``(iii) provide compensatory damages to the complainant. ``(C) Costs of complaint.--If the Secretary of Labor issues a final order that provides for relief in accordance with this paragraph, the Secretary of Labor, at the request of the complainant, shall assess against the air carrier, contractor, or subcontractor named in the order an amount equal to the aggregate amount of all costs and expenses (including attorney and expert witness fees) reasonably incurred by the complainant (as determined by the Secretary of Labor) for, or in connection with, the bringing of the complaint that resulted in the issuance of the order. ``(4) Frivolous complaints.--A complaint brought under this section that is found to be frivolous or to have been brought in bad faith shall be governed by Rule 11 of the Federal Rules of Civil Procedure. ``(5) Review.-- ``(A) Appeal to court of appeals.-- ``(i) In general.--Not later than 60 days after a final order is issued under paragraph (3), a person adversely affected or aggrieved by that order may obtain review of the order in the United States court of appeals for the circuit in which the violation allegedly occurred or the circuit in which the complainant resided on the date of that violation. ``(ii) Requirements for judicial review.--A review conducted under this paragraph shall be conducted in accordance with chapter 7 of title 5. The commencement of proceedings under this subparagraph shall not, unless ordered by the court, operate as a stay of the order that is the subject of the review. ``(B) Limitation on collateral attack.--An order referred to in subparagraph (A) shall not be subject to judicial review in any criminal or other civil proceeding. ``(6) Enforcement of order by secretary of labor.-- ``(A) In general.--If an air carrier, contractor, or subcontractor named in an order issued under paragraph (3) fails to comply with the order, the Secretary of Labor may file a civil action in the United States district court for the district in which the violation occurred to enforce that order. ``(B) Relief.--In any action brought under this paragraph, the district court shall have jurisdiction to grant any appropriate form of relief, including injunctive relief and compensatory damages. ``(7) Enforcement of order by parties.-- ``(A) Commencement of action.--A person on whose behalf an order is issued under paragraph (3) may commence a civil action against the air carrier, contractor, or subcontractor named in the order to require compliance with the order. The appropriate United States district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce the order. ``(B) Attorney fees.--In issuing any final order under this paragraph, the court may award costs of litigation (including reasonable attorney and expert witness fees) to any party if the court determines that the awarding of those costs is appropriate. ``(c) Mandamus.--Any nondiscretionary duty imposed by this section shall be enforceable in a mandamus proceeding brought under section 1361 of title 28. ``(d) Nonapplicability To Deliberate Violations.--Subsection (a) shall not apply with respect to an employee of an air carrier, or contractor or subcontractor of an air carrier who, acting without direction from the air carrier (or an agent, contractor, or subcontractor of the air carrier), deliberately causes a violation of any requirement relating to air carrier safety under this subtitle or any other law of the United States. ``(e) Contractor Defined.--In this section, the term `contractor' means a company that performs safety-sensitive functions by contract for an air carrier.''. (b) Conforming Amendment.--The analysis for chapter 421 of title 49, United States Code, is amended by adding at the end the following: ``SUBCHAPTER III--WHISTLEBLOWER PROTECTION PROGRAM ``42121. Protection of employees providing air safety information. (c) Civil Penalty.--Section 46301(a)(1)(A) of title 49, United States Code, is amended by striking ``subchapter II of chapter 421,'' and inserting ``subchapter II or III of chapter 421,''.

Aviation Safety Protection Act - Amends Federal transportation law to establish a whistleblower protection program for airline employees providing air safety information. Prohibits air carriers, contractors, and subcontractors from discharging or otherwise discriminating against an employee as to pay, terms, conditions, or privileges of employment because the employee: (1) is about to provide or has provided to the Federal Government information relating to any violation of a Federal Aviation Administration (FAA) order, regulation, or standard, or any other Federal law relating to air carrier safety; or (2) is about to file or has filed a proceeding, or testified, or otherwise participated in a proceeding relating to such violations. Sets forth a Department of Labor complaint procedure for persons who believe they have been discharged or discriminated against in violation of this Act. Specifies civil penalties for violation of this Act.

{"src": "billsum_train", "title": "Aviation Safety Protection Act"}

SECTION 1. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the Chattahoochee River National Recreation Area in the State of Georgia is a nationally significant resource; (2) the Chattahoochee River National Recreation Area has been adversely affected by land use changes occurring inside and outside the recreation area; (3) the population of the metropolitan Atlanta area continues to expand northward, leaving dwindling opportunities to protect the scenic, recreational, natural, and historical values of the 2,000- foot-wide corridor adjacent to each bank of the Chattahoochee River and its impoundments in the 48-mile segment known as the ``area of national concern''; (4) the State of Georgia has enacted the Metropolitan River Protection Act to ensure protection of the corridor located within 2,000 feet of each bank of the Chattahoochee River, or the corridor located within the 100-year floodplain, whichever is larger; (5) the corridor located within the 100-year floodplain includes the area of national concern; (6) since establishment of the Chattahoochee River National Recreation Area, visitor use of the recreation area has shifted dramatically from waterborne to water-related and land-based activities; (7) the State of Georgia and political subdivisions of the State along the Chattahoochee River have indicated willingness to join in a cooperative effort with the United States to link existing units of the recreation area through a series of linear corridors to be established within the area of national concern and elsewhere on the river; and (8) if Congress appropriates funds in support of the cooperative effort described in paragraph (7), funding from the State, political subdivisions of the State, private foundations, corporate entities, private individuals, and other sources will be available to fund more than half the estimated cost of the cooperative effort. (b) Purposes.--The purposes of this Act are-- (1) to increase the level of protection of the open spaces within the area of national concern along the Chattahoochee River and to enhance visitor enjoyment of the open spaces by adding land- based linear corridors to link existing units of the recreation area; (2) to ensure that the Chattahoochee River National Recreation Area is managed to standardize acquisition, planning, design, construction, and operation of the linear corridors; and (3) to authorize the appropriation of Federal funds to cover a portion of the costs of the Federal, State, local, and private cooperative effort to add additional areas to the recreation area so as to establish a series of linear corridors linking existing units of the recreation area and to protect other open spaces of the Chattahoochee River corridor. SEC. 2. AMENDMENTS TO CHATTAHOOCHEE RIVER NATIONAL RECREATION AREA ACT. (a) Boundaries.--Section 101 of the Act entitled ``An Act to authorize the establishment of the Chattahoochee River National Recreation Area in the State of Georgia, and for other purposes'', approved August 15, 1978 (16 U.S.C. 460ii), is amended-- (1) in the third sentence, by inserting after ``numbered CHAT- 20,003, and dated September 1984,'' the following: ``and on the maps entitled `Chattahoochee River National Recreation Area Interim Boundary Map #1', `Chattahoochee River National Recreation Area Interim Boundary Map #2', and `Chattahoochee River National Recreation Area Interim Boundary Map #3', and dated August 6, 1998,''; (2) by striking the fourth sentence and inserting the following: ``No sooner than 180 days after the dateof the enactment of this sentence, the Secretary of the Interior (hereafter referred to as the `Secretary') may modify the boundaries of the recreation area to include other land within the Chattahoochee River corridor by submitting a revised map or other boundary description to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Resources of the United States House of Representatives. The revised map or other boundary description shall be prepared by the Secretary after consultation with affected landowners, the State of Georgia, and affected political subdivisions of the State. The revised boundaries shall take effect 180 days after the date of submission unless, within the 180-day period, Congress enacts a joint resolution disapproving the revised boundaries.''; and (3) in the next-to-last sentence, by striking ``may not exceed approximately 6,800 acres.'' and inserting ``may not exceed 10,000 acres.''. (b) Acquisition of Property.--Section 102 of the Act entitled ``An Act to authorize the establishment of the Chattahoochee River National Recreation Area in the State of Georgia, and for other purposes'', approved August 15, 1978 (16 U.S.C. 460ii-1), is amended-- (1) in subsection (a), by inserting ``from willing sellers'' after ``purchase''; and (2) by striking subsection (f). (c) Cooperative Agreements.--Section 103 of the Act entitled ``An Act to authorize the establishment of the Chattahoochee River National Recreation Area in the State of Georgia, and for other purposes'', approved August 15, 1978 (16 U.S.C. 460ii-2), is amended by striking subsection (b) and inserting the following: ``(b) Cooperative Agreements.--The Secretary may enter into cooperative agreements with the State of Georgia, political subdivisions of the State, and other entities to ensure standardized acquisition, planning, design, construction, and operation of the recreation area.''. (d) Funding.--Section 105 of the Act entitled ``An Act to authorize the establishment of the Chattahoochee River National Recreation Area in the State of Georgia, and for other purposes'', approved August 15, 1978 (16 U.S.C. 460ii-4), is amended-- (1) by striking ``Sec. 105. (a)'' and inserting the following: ``SEC. 105. FUNDING SOURCES AND GENERAL MANAGEMENT PLAN. ``(a) Funding.-- ``(1) Limitation on use of appropriated funds.--''; (2) in subsection (a)-- (A) by striking ``$79,400,000'' and inserting ``$115,000,000''; (B) by striking ``this Act'' and inserting ``this title''; and (C) by adding at the end the following: ``(2) Donations.--The Secretary may accept a donation of funds or land or an interest in land to carry out this title. ``(3) Relation to other funding sources.--Funds made available under paragraph (1) are in addition to funding and the donation of land and interests in land by the State of Georgia, local government authorities, private foundations, corporate entities, and individuals for purposes of this title.''; and (3) in subsection (c)-- (A) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and indenting appropriately; (B) by striking ``(c) Within'' and inserting the following: ``(c) General Management Plan.-- ``(1) Initial plan.--Within''; (C) in paragraph (1) (as designated by subparagraph (B)), by striking ``transmit to'' and all that follows through ``Representatives'' and inserting ``transmit to the Committee on Resources of the House of Representatives''; and (D) by adding at the end the following: ``(2) Revised plan.-- ``(A) In general.--Within 3 years after the date funds are made available, the Secretary shall submit to the committees specified in paragraph (1) a revised general management plan to provide for the protection, enhancement, enjoyment, development, and use of the recreation area. ``(B) Public participation.--In preparing the revised plan, the Secretary shall encourage the participation of the State of Georgia and affected political subdivisions of the State, private landowners, interested citizens, public officials, groups, agencies, educational institutions, and other entities.''. (e) Technical Corrections.--Title I of the Act entitled ``An Act to authorize the establishment of the Chattahoochee River National Recreation Area in the State of Georgia, and for other purposes'', approved August 15, 1978 (16 U.S.C. 460ii et seq.), is amended-- (1) in sections 102(d) and 103(a), by striking ``of this Act'' and inserting ``of this title''; (2) in section 104(b)-- (A) by striking ``of this Act'' and inserting ``of this title''; (B) by striking ``under this Act'' and inserting ``under this title''; (C) by striking ``by this Act'' and inserting ``by this title''; and (D) by striking ``in this Act'' and inserting ``in this title''; (3) in section 104(d)(2), by striking ``under this Act'' and inserting ``under this title''; (4) in section 105(c)(1)(A), as redesignated by subsection (d)(3), by striking ``of this Act'' and inserting ``of this title''; (5) in section 106(a), by striking ``in this Act'' and inserting ``in this title''; and (6) in section 106(d), by striking ``under this Act'' and inserting ``under this title''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Allows the Secretary of the Interior, no sooner than 180 days after the enactment of this Act, to modify the boundaries of the Area to include other lands within the Chattahoochee River corridor by submitting a revised map or other boundary description to specified congressional committees. Prohibits such revised boundaries from taking place if Congress adopts a Joint Resolution disapproving the revision.Increases the total acreage limitation for the Area to 10,000 (currently, approximately 6,800).Requires any property acquired for the Area to be purchased from willing sellers. Repeals Federal provisions providing for exchange of Federal lands within the Area for non-Federal lands within its boundaries.Authorizes the Secretary to enter into cooperative agreements with other entities (currently, Georgia and its political subdivisions) to assure standardized acquisition, planning, design, construction, and operation of the Area.Increases from $79.4 million to $115 million the cap on the authorization of appropriations for land acquisition for the Area. Authorizes the Secretary to accept the donation of funds and lands or interests in lands to carry out this Act.Requires the Secretary to submit: (1) the initial general management plan for the Area to the House Committee on Resources (currently, Committee on Interior and Insular Affairs); and (2) within three years after funds are made available, a revision of such plan to specified congressional committees.

{"src": "billsum_train", "title": "To improve protection and management of the Chattahoochee River National Recreation Area in the State of Georgia."}

SECTION 1. CERTAIN ENTRIES OF PASTA. (a) In General.--Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law and subject to the provisions of subsections (b) and (c), the United States Customs Service shall-- (1) not later than 90 days after the receipt of the request described in subsection (b), liquidate or reliquidate the entries listed in subsection (d) at the antidumping duty rate specified in case number A-475-818 of the Department of Commerce for customer ID number A-475-818-015, in accordance with the final results of the administrative reviews covering the periods from January 19, 1996, through June 30, 1997, and from July 1, 1997, through June 30, 1998, undertaken by the Department of Commerce for such entries; and (2) not later than 90 days after such liquidation or reliquidation, refund the difference, including interest from the date of entry, between any duties previously paid and the assessed reliquidation duties, if any. (b) Requests.--Liquidation or reliquidation may be made under subsection (a) with respect to an entry described in subsection (d) only if a request therefor is filed with the Customs Service not later than 90 days after the date of the enactment of this Act. (c) Effect of Section 754 of Tariff Act of 1930.--If section 754 of the Tariff Act of 1930 (19 U.S.C. 1675c) is in effect as of the date on which a request for liquidation or reliquidation under subsection (b) is filed with the Customs Service, then any refunds due to an importer as a result of a liquidation or reliquidation made under subsection (a) pursuant to the request shall be paid only to the extent that funds for fiscal year 2003 or thereafter are available in the special account established under section 754(e) of the Tariff Act of 1930 with respect to the antidumping order covering the antidumping duty rate described in subsection (a)(1) of this section. (d) Entries.--The entries referred to in subsection (a) are as follows: Entry number Date of entry 112-9031316-0 August 1, 1997 112-903505 August 12, 1997 112-9035113-7 August 8, 1997 112-9060512-8 September 19, 1997 112-9062411-1 October 6, 1997 112-9065180-9 October 18, 1997 112-9065185-8 October 18, 1997 112-9067805-9 October 6, 1997 112-9069528-5 October 6, 1997 112-9073901-8 October 11, 1997 112-9083916-4 November 8, 1997 112-9094826-2 November 17, 1997 112-9097228-8 November 23, 1997 112-9100392-7 December 6, 1997 112-9100408-1 December 6, 1997 112-9110232-3 January 12, 1998 112-9110235-6 January 7, 1998 112-9112343-6 December 15, 1997 112-9128013-7 January 11, 1998 112-9136074-9 January 28, 1998 112-9140429-9 February 8, 1998 112-9153399-8 March 7, 1998 112-9153402-0 February 28, 1998 112-9154972-1 March 14, 1998 112-9733815-8 August 27, 1996 112-9741277-4 January 18, 1996 112-9743016-4 January 26, 1996 112-9746699-4 January 30, 1996 112-9746705-9 January 30, 1996 112-9747651-4 February 2, 1996 112-9747653-0 February 2, 1996 112-9763880-8 March 19, 1996 112-9763914-5 March 22, 1996 112-9771147-2 April 14, 1996 112-9771151-4 April 14, 1996 112-9775235-1 April 22, 1996 112-9776387-9 April 30, 1996 112-9776389-5 April 29, 1996 112-9776392-9 April 29, 1996 112-9776397-8 April 29, 1996 112-9782754-2 January 24, 1996 112-9823058-9 July 28, 1996 112-9823914-3 August 1, 1996 112-9826459-6 August 12, 1996 112-9826463-8 August 19, 1996 112-9830202-4 August 19, 1996 112-9830216-4 August 23, 1996 112-9830227-1 August 19, 1996 112-9830231-3 August 12, 1996 112-9833925-7 August 27, 1996 112-9833927-3 September 4, 1996 112-9834606-2 August 16, 1996 112-9838476-6 September 3, 1996 112-9838481-6 September 3, 1996 112-9838484-0 September 3, 1996 112-9855309-7 October 8, 1996 558-1629503-8 May 14, 1996 558-1735066-7 January 21, 1997 558-1738988-9 July 21, 1997 558-1740049-6 August 30, 1997 558-1742806-7 December 18, 1998 558-1846156-2 April 22, 1998 558-1847661-0 June 23, 1998 558-1847982-0 June 30, 1998 614-0010511-2 December 7, 1995 614-0011461-9 February 1, 1996 614-0011462-7 February 1, 1996 614-0011843-8 February 23, 1996 614-0011844-6 February 19, 1996 614-0011845-3 February 19, 1996 614-0011846-1 February 16, 1996 614-0011847-9 February 16, 1996 614-0011848-7 February 16, 1996 614-0011849-5 February 16, 1996 614-0011886-7 March 8, 1996 614-0011887-5 March 8, 1996 614-0011892-5 February 24, 1996 614-0011893-3 February 24, 1996 614-0011894-1 February 24, 1996 614-0011895-8 February 24, 1996 614-0011896-6 February 24, 1996 614-0011899-0 February 24, 1996 614-0012574-8 March 20, 1996 614-0012575-5 March 8, 1996 614-0012576-3 March 8, 1996 614-0012577-1 March 8, 1996 614-0012578-9 March 8, 1996 614-0012579-7 March 8, 1996 614-0012758-7 March 8, 1996 614-0012759-5 March 15, 1996 614-0012793-4 March 28, 1996 614-0012932-8 March 22, 1996 614-0013062-3 April 18, 1996 614-0013063-1 April 18, 1996 614-0013175-3 April 9, 1996 614-0013176-1 April 8, 1996 614-0013177-9 April 8, 1996 614-0013315-5 April 18, 1996 614-0013317-1 April 18, 1996 614-0013318-9 April 18, 1996 614-0013357-7 April 26, 1996 614-0013358-5 April 26, 1996 614-0013359-3 April 26, 1996 614-0013360-1 April 26, 1996 614-0013361-9 April 26, 1996 614-0013362-7 April 26, 1996 614-0013363-5 April 26, 1996 614-0013364-3 April 26, 1996 614-0013595-2 May 4, 1996 614-0013596-0 May 4, 1996 614-0013597-8 May 4, 1996 614-0013598-6 May 4, 1996 614-0013740-4 May 17, 1996 614-0013741-2 May 16, 1996 614-0013752-9 May 20, 1996 614-0015508-3 July 10, 1996 614-0015540-6 August 3, 1996 614-0015541-4 August 3, 1996 614-0015542-2 July 24, 1996 614-0015543-0 July 24, 1996 614-0015544-8 July 24, 1996 614-0015545-5 July 24, 1996 614-0015546-3 July 24, 1996 614-0015547-1 July 24, 1996 614-0015548-9 July 24, 1996 614-0015549-7 August 3, 1996 614-0015550-5 August 3, 1996 614-0015752-7 August 5, 1996 614-0015754-3 August 5, 1996 614-0015755-0 August 9, 1996 614-0015756-8 August 9, 1996 614-0016033-1 August 17, 1996 614-0016034-9 August 17, 1996 614-0016035-6 August 17, 1996 614-0016036-4 August 17, 1996 614-0016037-2 August 17, 1996 614-0016233-7 August 23, 1996 614-0016234-5 August 30, 1996 614-0016236-0 August 30, 1996 614-0016237-8 August 30, 1996 614-0016238-6 August 30, 1996 614-0016239-4 August 30, 1996 614-0016242-8 August 20, 1996 614-0016243-6 August 20, 1996 614-0016483-8 September 13, 1996 614-0016484-6 September 13, 1996 614-0016485-3 September 13, 1996 614-0016486-1 September 13, 1996 614-0024377-2 June 27, 1997 614-0026871-2 December 2, 1997 614-0027212-8 December 11, 1997 614-0027615-2 January 4, 1998 614-0028100-4 February 19, 1998 614-0028101-2 February 15, 1998 614-0028102-0 February 19, 1998 614-0028104-6 February 15, 1998 614-0028193-9 February 23, 1998 614-0028194-7 February 24, 1998 614-0028255-6 March 3, 1998 614-0028267-1 March 9, 1998 614-0028268-9 March 9, 1998 614-0028279-6 March 7, 1998 614-0028434-7 March 15, 1998 614-0028438-8 March 15, 1998 614-0028716-7 April 9, 1998 614-0028718-3 April 13, 1998 614-0028719-1 April 16, 1998 614-0028776-1 April 17, 1998 614-0028793-6 April 27, 1998 614-0028864-5 April 23, 1998 614-0028868-6 April 20, 1998 614-0028869-4 April 20, 1998 614-0028870-2 April 21, 1998 614-0028871-0 April 21, 1998 614-0028872-8 April 21, 1998 614-0028873-6 April 21, 1998 614-0028966-8 April 27, 1998 614-0028983-3 May 5, 1998 614-0029042-7 May 4, 1998 614-0029043-5 May 4, 1998 614-0029565-7 June 21, 1998 614-0029566-5 June 21, 1998 614-0029567-3 June 21, 1998 614-0029835-4 June 23, 1998 614-0029840-4 June 23, 1998 614-0029841-2 June 23, 1998 614-0029870-1 June 22, 1998 614-0029871-9 June 23, 1998 FD6-2007567-7 June 19, 1998 FD6-2007568-5 June 19, 1998

Directs the Customs Service to liquidate or reliquidate certain entries of pasta and to refund any amounts owed. Provides that in specified circumstances, refunds shall be paid to an importer only to the extent that funds are available in the special account established under the Tariff Act of 1930 with respect to the antidumping order covering a specified antidumping duty rate.

{"src": "billsum_train", "title": "To provide for the liquidation or reliquidation of certain entries of pasta."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Efficiency Investment Act of 2005''. SEC. 2. CREDIT FOR CERTAIN ENERGY EFFICIENT PROPERTY IN RESIDENCES AND 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 inserting after section 30A the following new section: ``SEC. 30B. CERTAIN ENERGY EFFICIENT PROPERTY IN RESIDENCES AND BUSINESSES. ``(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 25 percent of the amount paid or incurred by the taxpayer for qualified energy property placed in service or installed by the taxpayer during such taxable year. ``(b) Qualified Energy Property.--For purposes of this section, the term `qualified energy property' means any property-- ``(1) which is-- ``(A) an energy efficient building envelope component which is Energy Star qualified, and ``(B) any energy efficient heating or cooling equipment (including boilers) which is Energy Star qualified, ``(2) which, in the case of an individual, is installed in or on an existing residence-- ``(A) located in the United States, and ``(B) owned and used by the taxpayer as the taxpayer's principal residence at the time the property is placed in service or installed, ``(3) the original use of which commences with the taxpayer, and ``(4) which has a useful life of at least 5 years. ``(c) Other Definitions.--For purposes of this section-- ``(1) Building envelope component.--The term `building envelope component' shall have the same meaning as set forth in section 434.201 of title 10 of the Code of Federal Regulations. ``(2) Principal residence.--The term `principal residence' shall have the same meaning as when used in section 121. ``(3) Energy star qualified.--The term `Energy Star qualified' means property which-- ``(A) meets the guidelines, specifications, and performance levels of the Energy Star program jointly managed by the Environmental Protection Agency and the Department of Energy, including guidelines, specifications, and performance levels for the climate region in which a residence is located, and ``(B) displays the Energy Star label at the time the property is placed in service or installed. ``(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 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 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 residences. ``(3) Expenditures for labor included.--For purposes of this section, the amount paid or incurred by the taxpayer for qualified energy property shall also include expenditures for labor costs properly allocable to the onsite preparation, assembly, and installation of such property. ``(4) Allocation to nonbusiness use in certain cases.--In the case of an individual, if less than 80 percent of the use of qualified energy property placed in service or installed is for nonbusiness purposes, only that portion of the expenditure paid or incurred for such property which is properly allocable to use for nonbusiness purposes shall be eligible for the credit provided by this section. ``(f) Basis Adjustment.--For purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to a residence or other property, the basis of such residence or other property shall be reduced by the amount of the credit so allowed. ``(g) Applicability.--Subsection (a) shall apply to qualified energy property placed in service or installed after December 31, 2004.''. (b) Conforming Amendment.--Subsection (a) of section 1016 of such Code (relating to general rule for adjustments to basis) is amended by striking ``and'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``, and'', and by adding at the end the following new paragraph: ``(32) in the case of a residence or other property with respect to which a credit was allowed under section 30B, to the extent provided in section 30B(f).''. (c) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 30A the following new item: ``Sec. 30B. Certain energy efficient property in residences and businesses.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 31, 2004.

Energy Efficiency Investment Act of 2005 - Amends the Internal Revenue Code to allow a tax credit for up to 25 percent of the cost of certain energy efficient property installed in business and residential properties.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a credit against income tax for certain energy efficient property placed in service or installed in an existing principal residence or property used by businesses."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``The Duplication Elimination Act of 2015''. SEC. 2. EXPEDITED CONSIDERATION OF GAO RECOMMENDATIONS. Title II of the joint resolution entitled ``A joint resolution increasing the statutory limit on the public debt'' (Public Law 111- 139; 21 U.S.C. 712 note) is amended by adding at the end the following: ``SEC. 22. EXPEDITED CONSIDERATION OF GAO RECOMMENDATIONS. ``(a) Definitions.--In this section-- ``(1) the term `GAO report' means the annual report on duplication, consolidation, and elimination of duplicative government programs required under section 21; and ``(2) the term `joint resolution' means only a joint resolution that-- ``(A) makes legislative changes needed to carry out the recommendations contained in the GAO report for a year that the President did not exclude; and ``(B) requires that any savings attributable to the legislative changes described in subparagraph (A) be transferred to the General Fund of the Treasury and be used to reduce the deficit. ``(b) Submission of Proposed Bill.-- ``(1) In general.--Not later than 90 days after the date of the publication of the GAO report for a year, the President shall transmit to Congress a special message accompanied by a proposed joint resolution. ``(2) Contents of special message.--A special message shall specify-- ``(A) recommendations outlined in the GAO report that are excluded from the proposed joint resolution; ``(B) in detail why the recommendations outlined in the GAO report were excluded from the proposed joint resolution; and ``(C) recommendations outlined in the GAO report that are included in the proposed joint resolution. ``(3) Transmittal.--The President shall submit the special message to the Secretary of the Senate if the Senate is not in session and to the Clerk of the House of Representatives if the House is not in session. ``(4) Public availability.--The President shall make a copy of the special message and the proposed joint resolution publicly available, and shall publish in the Federal Register a notice of the message and information on how it can be obtained. ``(c) Procedures for Expedited Consideration.-- ``(1) Introduction.--A proposed joint resolution transmitted by the President under subsection (b) shall be introduced in the Senate (by request) on the next day on which the Senate is in session by the majority leader of the Senate or by a Member of the Senate designated by the majority leader of the Senate and shall be introduced in the House of Representatives (by request) on the next legislative day by the majority leader of the House or by a Member of the House designated by the majority leader of the House. ``(2) No referral.--A joint resolution shall not be referred to a committee in either House of Congress and shall immediately be placed on the calendar. ``(3) Motion to proceed.--A motion to proceed to a joint resolution is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to a motion to postpone, and all points of order against the motion are waived. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of a joint resolution is agreed to, the joint resolution shall remain the unfinished business of the respective House until disposed of. ``(4) Expedited consideration in the house of representatives.--In the House of Representatives, a joint resolution shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to its passage without intervening motion except 2 hours of debate shall be divided equally between the majority and minority leaders or their designees. A motion to reconsider the vote on passage of the joint resolution shall not be in order. A vote on final passage of the joint resolution shall be taken in the House of Representatives on or before the close of the tenth calendar day after the date of the introduction of the joint resolution in the House of Representatives. ``(5) Expedited procedure in the senate.-- ``(A) Consideration.--In the Senate, consideration of a joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between the majority and minority leaders or their designees. A motion to further limit debate is in order and not debatable. An amendment to, a motion to postpone, a motion to proceed to the consideration of other business, or a motion to commit the joint resolution is not in order. ``(B) Passage.--If the Senate has proceeded to a joint resolution, the vote on passage of the joint resolution shall occur immediately following the conclusion of consideration of the joint resolution, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate. A vote on the final passage of the joint resolution shall be taken in the Senate on or before the close of the tenth calendar day after the date of the introduction of the joint resolution in the Senate. ``(C) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a joint resolution shall be decided without debate. ``(6) Points of order.--In the Senate or the House of Representatives, a Member of the Senate or House of Representatives, respectively, may raise a point of order that a joint resolution does not meet the definition of a joint resolution under subsection (b). ``(7) Amendment.--A joint resolution shall not be subject to amendment in either the House of Representatives or the Senate. ``(8) Consideration by the other house.-- ``(A) In general.--If, before passing a joint resolution, one House receives from the other a joint resolution-- ``(i) the joint resolution from the other House shall not be referred to a committee; and ``(ii) with respect to a joint resolution of the House receiving the joint resolution-- ``(I) the procedure in that House shall be the same as if no joint resolution had been received from the other House until the vote on passage; but ``(II) the vote on final passage shall be on the joint resolution of the other House. ``(B) Revenue measure exception.--This paragraph shall not apply to the House of Representatives if the joint resolution received from the Senate is a revenue measure. ``(9) Rules of house of representatives and senate.--This subsection is enacted by Congress-- ``(A) as an exercise of the rulemaking power in the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution, and it supersedes other rules only to the extent that it is inconsistent with such rules; and ``(B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House.''.

Duplication Elimination Act of 2015 This bill requires the President to send Congress a proposed joint resolution and a special message within 90 days of publication of the annual Government Accountability Office (GAO) report on duplicative government programs. The joint resolution is limited to one that: (1) makes legislative changes needed to carry out the recommendations contained in the GAO report and included by the President, and (2) requires savings from the legislative changes to be transferred to the Treasury for deficit reduction. The bill requires the special message to specify: the GAO recommendations that are excluded from the proposed joint resolution, why the recommendations were excluded, and the GAO recommendations included in the joint resolution. The bill sets forth expedited procedures for congressional consideration of the joint resolution.

{"src": "billsum_train", "title": "Duplication Elimination Act of 2015"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy Maternity and Obstetric Medicine Act'' or the ``Healthy MOM Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Pregnancy is a significant life event for millions of women in the United States each year. (2) For more than 30 years, our Nation, through the Medicaid program, has recognized that pregnant women need immediate access to affordable care, and has allowed women who meet income-eligibility requirements to enroll in Medicaid coverage when they become pregnant. (3) Congress recognized the central importance of maternity coverage by classifying maternity and newborn care as one of the ten essential health benefits that must now be covered on most individual and small group health insurance plans under section 1302(b)(1) of the Patient Protection and Affordable Care Act (42 U.S.C. 18022(b)(1)). (4) The Patient Protection and Affordable Care Act has greatly increased access to affordable health insurance coverage for women. Today, more than 7,500,000 women have access to health insurance because of the law. That Act made it illegal to deny coverage based on pre-existing conditions, like pregnancy, or charge women more money for their premiums. That Act also required women's preventive services like birth control to be covered without cost sharing. (5) Access to comprehensive maternity coverage allows women to access important pregnancy-related care, which is demonstrated to improve health outcomes for women and newborns and reduce financial costs for both consumers and insurers. (6) Uninsured women, women with grandfathered and transitional health plans, self-funded student health plans, and catastrophic and high-deductible health plans may lack access to comprehensive and affordable maternity coverage. (7) Employer health plans that exclude dependent daughters from maternity coverage leave young women without coverage for their pregnancy, even though Federal law has long held that treating pregnancy differently than other conditions is sex- based discrimination. (8) A special enrollment period is especially important for young adults, who are at high risk for unintended pregnancies, yet young adults are frequently enrolled in catastrophic coverage, which often has fewer benefits, more restrictions, and higher deductibles. (9) Timely maternity care improves the health of pregnant women, as well as birth outcomes and the health of babies throughout their lifetimes. Pregnancy-related maternal mortality is three to four times higher among women who receive no maternity care compared to women who do. Regular maternity care can detect or mitigate serious pregnancy-related health complications, including preeclampsia, placental abruption, complications from diabetes, complications from heart disease, and Graves' disease, all of which can result in morbidity or mortality for the mother or newborn. (10) Regular maternity care can reduce preterm births and the health complications associated with preterm births. (11) Timely maternity care can reduce short- and long-term health care costs. If a woman does not have access to affordable maternity care during her pregnancy, and she or her newborn experiences pregnancy complications that result in health problems after birth, their insurer may end up paying much higher costs than if the insurer had covered the woman's maternity care during her pregnancy. Intensive maternity care can reduce hospital and neonatal intensive care unit admissions among infants, resulting in cost savings of $1,768 to $5,560 per birth. For women with high-risk pregnancies, intensive maternity care saves $1.37 for every $1 invested in maternity care. (b) Purpose.--The purpose of this Act is to protect the health of women and newborns by ensuring that all women eligible for coverage through the Exchanges established under title I of the Patient Protection and Affordable Care Act (Public Law 111-148) and women eligible for other individual or group health plan coverage can access affordable health coverage during their pregnancy. SEC. 3. PROVIDING FOR A SPECIAL ENROLLMENT PERIOD FOR PREGNANT INDIVIDUALS. (a) Public Health Service Act.--Section 2702(b)(2) of the Public Health Service Act (42 U.S.C. 300gg-1(b)(2)) is amended by inserting ``including a special enrollment period for pregnant individuals, beginning on the date on which the pregnancy is reported to the health insurance issuer'' before the period at the end. (b) Patient Protection and Affordable Care Act.--Section 1311(c)(6) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(c)(6)) is amended-- (1) in subparagraph (C), by striking ``and'' at the end; (2) by redesignating subparagraph (D) as subparagraph (E); and (3) by inserting after subparagraph (C) the following new subparagraph: ``(D) a special enrollment period for pregnant individuals, beginning on the date on which the pregnancy is reported to the Exchange; and''. (c) Special Enrollment Periods.--Section 9801(f) of the Internal Revenue Code of 1986 (26 U.S.C. 9801(f)) is amended by adding at the end the following new paragraph: ``(4) For pregnant individuals.-- ``(A) A group health plan shall permit an employee who is eligible, but not enrolled, for coverage under the terms of the plan (or a dependent of such an employee if the dependent is eligible, but not enrolled, for coverage under such terms) to enroll for coverage under the terms of the plan upon pregnancy, with the special enrollment period beginning on the date on which the pregnancy is reported to the group health plan or the pregnancy is confirmed by a health care provider. ``(B) The Secretary shall promulgate regulations with respect to the special enrollment period under subparagraph (A), including establishing a time period for pregnant individuals to enroll in coverage and effective date of such coverage.''. (d) Effective Date.--The amendments made by this section shall apply with respect to plan years beginning after the 2016 plan year. SEC. 4. COVERAGE OF MATERNITY CARE FOR DEPENDENT CHILDREN. Section 2719A of the Public Health Service Act (42 U.S.C. 300gg- 19a) is amended by adding at the end the following: ``(e) Coverage of Maternity Care.--A group health plan, or health insurance issuer offering group or individual health insurance coverage, that provides coverage for dependents shall ensure that such plan or coverage includes coverage for maternity care associated with pregnancy, childbirth, and postpartum care for all participants, beneficiaries, or enrollees, including dependents, including coverage of labor and delivery. Such coverage shall be provided to all pregnant dependents regardless of age.''. SEC. 5. FEDERAL EMPLOYEE HEALTH BENEFIT PLANS. (a) In General.--The Director of the Office of Personnel Management shall issue such regulations as are necessary to ensure that pregnancy is considered a change in family status and a qualifying life event for an individual who is eligible to enroll, but is not enrolled, in a health benefit plan under chapter 89 title 5, United States Code. (b) Effective Date.--The requirement in subsection (a) shall apply with respect to any contract entered into under section 8902 of such title beginning 12 months after the date of enactment of this Act. SEC. 6. CONTINUATION OF MEDICAID INCOME ELIGIBILITY STANDARD FOR PREGNANT WOMEN AND INFANTS. Section 1902(l)(2)(A) of the Social Security Act (42 U.S.C. 1396a(l)(2)(A)) is amended-- (1) in clause (i), by striking ``and not more than 185 percent''; (2) in clause (ii)-- (A) in subclause (I), by striking ``and'' after the comma; (B) in subclause (II), by striking the period at the end and inserting ``, and''; and (C) by adding at the end the following: ``(III) January 1, 2014, is the percentage provided under clause (v).''; and (3) by adding at the end the following new clause: ``(v) The percentage provided under clause (ii) for medical assistance on or after January 1, 2014, with respect to individuals described in subparagraph (A) or (B) of paragraph (1) shall not be less than-- ``(I) the percentage specified for such individuals by the State in an amendment to its State plan (whether approved or not) as of January 1, 2014, or ``(II) if no such percentage is specified as of January 1, 2014, the percentage established for such individuals under the State's authorizing legislation or provided for under the State's appropriations as of that date.''. SEC. 7. RELATIONSHIP TO OTHER LAWS. Nothing in this Act (or an amendment made by this Act) shall be construed to invalidate or limit the remedies, rights, and procedures of any Federal law or the law of any State or political subdivision of any State or jurisdiction that provides greater or equal protection for enrollees in a group health plan or group or individual health insurance offered by a health insurance issuer.

Healthy Maternity and Obstetric Medicine Act or the Healthy MOM Act This bill amends the Public Health Service Act and Internal Revenue Code to require health insurers, health insurance exchanges, and group health plans to offer a special enrollment period to pregnant individuals. The special enrollment period offered by an insurer or exchange must begin when the pregnancy is reported to the insurer or exchange. The special enrollment period offered by a group health plan must begin when the pregnancy is reported to the plan or is confirmed by a health care provider. Coverage offered by a group health plan or health insurer that covers dependents must provide coverage for maternity care to all covered individuals. The Office of Personnel Management must ensure that eligible pregnant women are allowed to enroll in federal employee health benefit plans outside of the open enrollment period. This bill amends title XIX (Medicaid) of the Social Security Act to revise the range in which a state must establish a maximum level of family income for pregnant women and infants to be eligible for Medicaid. The upper limit of the range is eliminated and the lower limit is set to the level in place, or specified in an amendment to a state plan, on January 1, 2014.

{"src": "billsum_train", "title": "Healthy Maternity and Obstetric Medicine Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Program for Arts and Technology Act of 2012''. SEC. 2. FINDING AND PURPOSES. (a) Finding.--Congress finds that the national program for arts and technology established under this Act will be one of the first national replication programs in the United States dedicated to addressing the complex needs of the poor and undereducated by improving the sustainability of neighborhoods, communities, and regions. (b) Purposes.--It is the purpose of this Act to establish the national program for arts and technology to provide competitive grants for qualified centers and interested communities to implement or found a qualified center that adopts the guidelines set forth by the Secretary, for the purposes of-- (1) creating an institution within an environment of poverty where individuals feel and foster a sense of belonging, and are valued and treated with dignity; (2) creating professional jobs for instructors, trainers, artists, administrators, and others; (3) collaborating with Federal agencies, private industry, nonprofit philanthropic organizations, and planning and economic development organizations to leverage other investment dollars on behalf of all stakeholders; (4) assisting business and industry to achieve long-term vitality by ensuring the development of a trained and knowledgeable workforce; (5) coordinating with existing social service entities and nonprofit organizations on developing diverse and equitable communities; (6) developing industry specific job training programs for the under- and unemployed that are both affordable and accessible; (7) bridging the gap between education and lifelong learning for poor performing students through the discipline of craftsmanship in the visual arts; and (8) developing complimentary extended day or year programming in partnership with the local public schools to help engage at-risk students by connecting classroom instruction with applied and experiential programming in the arts. SEC. 3. DEFINITIONS. In this Act: (1) Center of origin.--The term ``Center of Origin'' means Manchester Bidwell, nonprofit corporation, the education and community development model upon which the national program for arts and technology is based. (2) Interested communities.--The term ``interested community'' means a community that does the following: (A) Demonstrates to the Secretary financial support from 1 or more of the following: (i) Sectors of government. (ii) Education. (iii) Philanthropy. (iv) Social services. (v) Corporations. (vi) Arts organizations. (B) Convenes an advisory committee comprised of diverse community stakeholders who are committed to creating a qualified center in their community. (C) Has identified potential funding that will be used to secure the Federal matching requirements described in section 4(c). (3) National program for arts and technology.--The term ``national program for arts and technology'' means a program that is based on the education and training model of Manchester Bidwell. (4) Qualified center.--The term ``qualified center'' means a private, nonprofit educational entity that-- (A) operates under the guidelines and practices established by the national program for arts and technology, in consultation with the Secretary, and-- (i) provides education and training to underemployed or unemployed individuals in industry specific job skills; (ii) is accessible to communities and neighborhoods that have limited access to transportation; (iii) compliments the learning of targeted public middle school or high school students who are at-risk of dropping out of school; and (iv) is housed in a facility that has been reclaimed and renovated to sustainable building standards or newly constructed as a highly efficient green space; and (B) has a valid affiliation agreement with the Center of Origin and complies with the following: (i) Meets quarterly performance goals, which may include-- (I) students' school attendance and behavior; (II) retention in programming; (III) meeting and exceeding recruitment and enrollment metrics; (IV) student outcomes and performance in training; and (V) job placement. (ii) Adheres to essential operating conditions including environment, targeted populations, and educational model. (iii) Participates in professional development opportunities for members of the board, executives, and staff. (5) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 4. GRANT PROGRAM. (a) Program Authorized.--From the amounts appropriated to carry out this Act, the Secretary shall establish and implement the national program for arts and technology to award grants, on a competitive basis, to qualified centers and interested communities to-- (1) provide financial support to the centers and communities to establish a new qualified center to carry out the purposes described in section 2(b); and (2) provide management expertise to guide the centers and communities through the 3-phase replication protocol developed by the Center of Origin to ensure standardization across all qualified centers as to performance goals and objectives, operating culture, and teaching models. (b) Limitation on Use of Funds.--Federal funds received under this Act may not be used for capital expenditures or endowment gifts. (c) Matching Funds Required.--To be eligible to receive a grant under this Act, a qualified center or interested community shall, for each fiscal year for which the grant is received, provide non-Federal contributions (which may include in-kind contributions) toward the amount of the grant in an amount equal to $1 for each $1 of Federal funds provided under the grant. (d) Application and Annual Report.-- (1) Application.-- (A) In general.--To be eligible to receive a grant under this Act, a qualified center or interested community shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (B) Content.--An application submitted under subparagraph (A) shall, at a minimum, contain-- (i) a description of activities to be carried out under the grant; (ii) information on specific measurable goals and objectives to be achieved through activities carried out under the grant; (iii) evidence of an affiliation with a local community; and (iv) evidence of a teaching model consistent with the Secretary's criteria prescribed pursuant to regulations. (2) Annual report.-- (A) In general.--Each qualified center or interested community receiving a grant under this Act shall submit to the Secretary an annual report at such time, in such manner, and containing such information as the Secretary may require. (B) Content.--An annual report submitted under subparagraph (A) shall, at a minimum, describe the degree to which progress has been made toward meeting the specific measurable goals and objectives described in the applications submitted under paragraph (1). (e) Authorization of Appropriations.--There is authorized to be appropriated $25,000,000 to carry out this Act for the period of fiscal years 2012 through 2016.

National Program for Arts and Technology Act of 2012 - Directs the Secretary of Education to establish and implement a national program for arts and technology that addresses the complex needs of the poor and undereducated by awarding competitive grants to qualified centers (private, nonprofit educational entities) and interested communities to provide: (1) financial support to establish new qualified centers, and (2) management expertise to guide such centers and communities. Prohibits federal funds received under this Act from being used for capital expenditures or endowment gifts. Requires a qualified center or an interested community to match federal contributions.

{"src": "billsum_train", "title": "A bill to authorize the Secretary of Education to establish the National Program for Arts and Technology Act as a Federal program."}

SECTION 1. FINDINGS. The Congress makes the following findings: (1) Dr. Dorothy Irene Height was born March 24, 1912, to James Edward Height and Fannie (Borroughs) Height in Richmond, Virginia, and raised in Rankin, Pennsylvania. (2) Dr. Height is recognized as one of the preeminent social and civil rights activists of her time, particularly in the struggle for equality, social justice, and human rights for all peoples. (3) Beginning as a civil rights advocate in the 1930s, she soon gained prominence through her tireless efforts to promote interracial schooling, to register and educate voters, and to increase the visibility and status of women in our society. (4) She has labored to provide hope for inner-city children and their families, and she can claim responsibility for many of the advances made by women and African-Americans over the course of this century. (5) Her public career spans over 65 years. (6) Dr. Height was a valued consultant on human and civil rights issues to First Lady Eleanor Roosevelt and she encouraged President Eisenhower to desegregate the Nation's schools and President Johnson to appoint African-American women to sub-Cabinet posts. (7) Dr. Height has been President of the National Council of Negro Women (NCNW) since 1957, a position to which she was appointed upon the retirement of Dr. Mary McLeod Bethune, one of the most influential African-American women in United States history. (8) The National Council of Negro Women is currently the umbrella organization for 250 local groups and 38 national groups engaged in economic development and women's issues. (9) Under Dr. Height's leadership, the National Council of Negro Women implemented a number of new and innovative programs and initiatives, including the following: (A) Operation Woman Power, a project to expand business ownership by women and to provide funds for vocational training. (B) Leadership training for African-American women in the rural South. (C) The Black Family Reunion, a nationwide annual gathering to encourage, renew and celebrate the concept of not only the Black family but all families. (D) The Women's Center for Education and Career Advancement to empower minority women in nontraditional careers. (E) The Bethune Museum and Archives, a museum devoted to African-American women's history. (10) Dr. Height has been at the forefront of AIDS education, both nationally and internationally; under her direction, the National Council of Negro Women established offices in West Africa and South Africa and worked to improve the conditions of women in the developing world. (11) Dr. Height has been central in the success of 2 other influential women's organizations, as follows: (A) As president and executive board member of Delta Sigma Theta, Dr. Height left the sorority more efficient and globally focused with a centralized headquarters. (B) Her work with the Young Women's Christian Association (YWCA) led to its integration and more active participation in the civil rights movement. (12) As a member of the ``Big Six'' civil rights leaders with Whitney Young, A. Phillip Randolph, Martin Luther King, Jr., James Farmer, and Roy Wilkins, Dr. Height was the only female at the table when the Rev. Dr. Martin Luther King, Jr. and others made plans for the civil rights movement. (13) Dr. Height is the recipient of many awards and accolades for her efforts on behalf of women's rights, including the following: (A) The Spingarn Award, the NAACP's highest honor for civil rights contributions. (B) The Presidential Medal of Freedom awarded by President Clinton. (C) The John F. Kennedy Memorial Award from the National Council of Jewish Women. (D) The Ministerial Interfaith Association Award for her contributions to interfaith, interracial, and ecumenical movements for over 30 years. (E) The Lovejoy Award, the highest recognition by the Grand Lodge of the Benevolent and Protective Order of Elks of the World for outstanding contributions to human relations. (F) The Ladies Home Journal Woman of the Year Award in recognition for her work for human rights. (G) The William L. Dawson Award presented by the Congressional Black Caucus for decades of public service to people of color and particularly women. (H) The Citizens Medal Award for distinguished service presented by President Reagan. (I) The Franklin Delano Roosevelt Freedom Medal awarded by the Franklin and Eleanor Roosevelt Institute. (14) Dr. Dorothy Height has established a lasting legacy of public service that has been an invaluable contribution to the progress of this Nation. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, to Dr. Dorothy Irene Height a gold medal of appropriate design in recognition of her many contributions to the Nation. (b) Design and Striking.--For the purpose of the presentation referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 3. DUPLICATE MEDALS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medals struck under section 2 at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 4. NATIONAL MEDALS. The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 5. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE. (a) Authorization of Appropriations.--There is hereby authorized to be charged against the United States Mint Public Enterprise Fund an amount not to exceed $30,000 to pay for the cost of the medal authorized under section 2. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Authorizes: (1) the Speaker of the House of Representatives and the President Pro Tempore of the Senate to arrange for the presentation to Dr. Dorothy Height (President of the National Council of Negro Women) of a congressional gold medal in recognition of her many contributions to the Nation; and (2) the Secretary of the Treasury to strike such medal and to strike and sell bronze duplicates. Authorizes charging an amount to pay the cost of the gold medal against the United States Mint Public Enterprise Fund.

{"src": "billsum_train", "title": "To award a congressional gold medal to Dr. Dorothy Height in recognition of her many contributions to the Nation."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Job Protection Act''. SEC. 2. CLARIFICATION OF ACTIONS AGAINST STATES TO ENFORCE VETERANS' REEMPLOYMENT RIGHTS. (a) Action Against a State.--Section 4323 of title 38, United States Code, is amended-- (1) in subsection (a)(1), by striking out ``a State (as an employer) or''; (2) in subsection (a)(2), by inserting ``against a private employer'' after ``commence an action'' in the matter preceding subparagraph (A); (3) in clauses (ii) and (iii) of subsection (c)(1)(A), by inserting ``or the United States, as appropriate,'' after ``person'' both places it appears; (4) by redesignating the second sentence of subsection (b) as paragraph (3) of subsection (a); and (5) by amending subsection (b) to read as follows: ``(b)(1) A person who receives from the Secretary a notification pursuant to section 4322(e) relating to a State (as an employer) may request that the Secretary refer the complaint to the Attorney General. If the Attorney General is reasonably satisfied that the person on whose behalf the complaint is referred is entitled to the rights or benefits sought, the Attorney General may commence an action for appropriate relief in an appropriate United States district court. The action shall be brought in the name of the United States. In the case that such relief includes an award of compensation under subsection (c)(1), such compensation shall be held in a special deposit account and shall be paid, on order of the Attorney General, directly to the person. Any such moneys not paid to a person because of inability to do so within a period of 3 years shall be covered into the Treasury of the United States as miscellaneous receipts. ``(2) A person may commence an action against a State as an employer for relief with respect to a complaint if that person-- ``(A) has chosen not to apply to the Secretary for assistance under section 4322(a); ``(B) has chosen not to request that the Secretary refer the complaint to the Attorney General under paragraph (1); or ``(C) has been refused representation by the Attorney General with respect to the complaint under such paragraph. ``(3)(A) In the case of an action commenced against a State as an employer under paragraph (2), the action shall be brought in the name of the United States. ``(B) A copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the United States pursuant to Rule 4(d)(4) of the Federal Rules of Civil Procedure. ``(C)(i) The person bringing the action shall have the right to conduct the action. If the United States so requests, it shall be served with copies of all pleadings filed in the action and shall be supplied with copies of all deposition transcripts (at the expense of the United States). When a person proceeds with the action, the court, without limiting the status and rights of the person initiating the action, may nevertheless permit the United States to intervene at a later date upon a showing of good cause. ``(ii) If the United States intervenes and thereafter proceeds with the action, it shall have the primary responsibility for prosecuting the action, and shall not be bound by an act of the person bringing the action. Such person shall have the right to continue as a party to the action. ``(iii) The United States may settle the action with the defendant notwithstanding the objections of the person initiating the action if the court determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable under all the circumstances. ``(D) After intervention by the United States, upon a showing by the defendant that unrestricted participation during the course of the litigation by the person initiating the action would be for purposes of harassment or would cause the defendant undue burden or unnecessary expense, the court may limit the participation by the person in the litigation. ``(4) If the United States does not intervene under paragraph (3) and the person bringing the action prevails or settles the claim, the person shall receive appropriate relief, including an amount for compensation or liquidated damages under subsection (c)(1). The amount shall be paid out of the proceeds of the action or settlement. The person prevailing in the action or settling the claim shall also receive an amount for reasonable expenses which the court finds to have been necessarily incurred, plus reasonable attorneys' fees and costs. All such expenses, fees, and costs shall be awarded against the defendant. ``(5) In the case of an action brought under this subsection, the appropriate district court is the court for any district in which the State exercises any authority or carries out any function. ``(6) The United States is not liable for expenses which a person incurs in bringing an action under this subsection.''. (b) Effective Date.--The amendments made by subsection (a) shall apply to all actions commenced under chapter 43 of title 38, United States Code, that are not final on the date of the enactment of this Act. In the case of any such action, the court shall, upon motion of a party, substitute parties to the action so that such action may proceed in accordance with section 4323 of such title, as amended by subsection (a) of this section.

Veterans' Job Protection Act - Revises provisions relating to authorized employee actions against a State or private employer for the enforcement of certain veterans' reemployment rights. Authorizes a person who receives from the Secretary of Veterans Affairs a notification that efforts to resolve a complaint were unsuccessful to request that the Secretary refer such complaint to the Attorney General (AG) for commencement of an action for relief in the appropriate U.S. district court. Allows a person, in lieu of proceedings through the AG or after being refused representation by the AG, to commence his or her own action against a State employer, requiring such action to be brought in the name of the United States. Outlines procedures with respect to such an action, allowing the United States to intervene and proceed with the action. Provides that the United States shall not be liable for expenses incurred by an individual in bringing such an action.

{"src": "billsum_train", "title": "Veterans' Job Protection Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Canada Grain Trade Settlement Act of 1994''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) As a result of unfair and incomplete provisions in the United States-Canada Free-Trade Agreement (hereafter referred to as the ``CFTA'') and the North American Free Trade Agreement (hereafter referred to as the ``NAFTA'') affecting exports of Canadian grain to the United States-- (A) Canadian exports of durum wheat, spring wheat, and barley have increased beyond the level that such exports can be absorbed into the United States market; (B) these exports have depressed domestic grain prices, causing severe financial losses to American farmers and increasing the costs and difficulties of implementing domestic farmer support programs; and (C) Canadian grain exports continue to increase without bounds, increasing the damage to United States farmers each year. (2) The Congress approved the CFTA subject to-- (A) the statement in the Statement of Administrative Action that the United States would ``pursue consultations with Canada regarding the price setting policy of the CWB (Canadian Wheat Board) as it affects goods exported to the United States . . . directed toward establishing a method to determine the price at which the CWB is selling agricultural goods to the United States and the CWB's acquisition price for those goods''; and (B) the provision of the implementing legislation requiring that ``the President will enter into immediate consultation with the Government of Canada to obtain the exclusion from the transport rates established under Canada's Western Grain Transportation Act of agricultural goods that originate in Canada and are shipped via east coast ports for consumption in the United States,'', yet to date there has been no resolution of these consultations. (3) United States trade negotiators agreed not to reexamine the CFTA while negotiating the NAFTA based on the assumption that the Uruguay Round talks of the General Agreement on Tariffs and Trade would address the subsidy and dispute resolution concerns and would be completed before the enactment of the NAFTA. (4) The failure of the United States successfully to pursue the consultations described in paragraph (2) led to a flawed binational panel decision that renders meaningless the plain language of Article 701(3) of the CFTA (which was incorporated by reference in the NAFTA), which states that ``Neither Party, including any public entity that it establishes or maintains, shall sell agricultural goods for export to the territory of the other Party at a price below the acquisition price of the goods plus any storage, handling or other cost incurred by it with respect to those goods.''. (5) Imports of wheat and barley have increased significantly as a result of substantial changes in Canada's support programs. Some of the changes were made with declared intent to increase imports to the United States. The increases in imports constitutes grounds under Article 705.5 of the CFTA for use of import restrictions by the United States. SEC. 3. TERMINATION OF AGREEMENTS AND IMPOSITION OF ADDITIONAL DUTIES. (a) In General.-- (1) Termination of nafta and cfta.--Notwithstanding any other provision of law, the President shall provide written notification to the Government of Canada of the intent of the United States to terminate the CFTA and the NAFTA, as such agreement applies to Canada, unless the President provides the Congress with a certification described in subsection (c). Such notification shall be given not later than the date that is 6 months after the date of the enactment of this Act and shall provide that the agreements shall terminate not later than 1 year after the date of the enactment of this Act in accordance with the terms and conditions of the respective agreements. (2) Imposition of duty.--Notwithstanding any other provision of law, the President shall immediately impose a duty at the rate of 50 percent ad valorem or the specific rate equivalent to articles imported from Canada described in the following headings of the Harmonized Tariff Schedule of the United States: (A) heading 1001.10.00 (relating to durum wheat), (B) heading 1001.90.10 (relating to seed wheat), (C) heading 1001.90.20 (relating to other wheat), (D) heading 1003.00.20 (relating to malting barley), and (E) heading 1003.00.40 (relating to other barley). (b) Negotiations.--The President shall immediately pursue negotiations with the Government of Canada to-- (1) establish a method for determining the sale price of Canadian grain exports to the United States and the Canadian Wheat Board's acquisition price for such grain; (2) establish procedures for obtaining the data necessary to implement the method described in paragraph (1); (3) eliminate all transportation subsidies on agricultural goods that originate in Canada and are shipped for consumption in the United States; and (4) clarify the meaning of the term ``acquisition price'' in Article 701(3) of the CFTA (and any other provision accompanying such agreement or the NAFTA) so that such term includes-- (A) the value of any transportation subsidy applied to grain entering the United States; (B) all direct payments to producers made by the Canadian Wheat Board or any government agency for grain entering the United States; and (C) any other payments or subsidy incurred by the Canadian Wheat Board, any government agency, or any private interest in the acquisition, handling, storage, and transportation of the grain. (c) Certification by the President.--At such time as the President certifies to the Congress that the Government of Canada has entered into an agreement with the United States with respect to the requirements described in subsection (b), the President may terminate the duties imposed under subsection (a)(1) and take action to reinstate the CFTA and the NAFTA with respect to Canada. An agreement entered into under this Act shall supersede the corresponding provisions of the CFTA and the NAFTA and shall be incorporated in and become part of such agreements as reinstated.

United States-Canada Grain Trade Settlement Act of 1994 - Directs the President, by six months after enactment of this Act, to notify the Government of Canada of U.S. intent to terminate the United States-Canada Free-Trade Agreement (CFTA) and the North American Free Trade Agreement (NAFTA), unless the President certifies to the Congress that Canada has agreed to: (1) establish a method for determining the sale price of Canadian grain exports to the United States and the Canadian Wheat Board's acquisition price for such grain; (2) establish procedures for obtaining the data necessary to implement such method; (3) eliminate all transportation subsidies on agricultural goods originating in Canada and shipped for consumption to the United States; and (4) clarify the CFTA meaning of acquisition price so that the term includes the value of any transportation subsidy applied to grain entering the United States, all direct payments to producers by the Canadian Wheat Board or any government agency for such grain, and any other payments or subsidy incurred by the Board, any government agency, or any private interest in the acquisition, handling, storage, and transportation of the grain. Directs the President immediately to pursue negotiations to reach such an agreement. Requires the President immediately to impose a 50 percent tariff on all imports from Canada of wheat, durum, and barley. Authorizes the President to terminate such tariff and take action to reinstate the CFTA and the NAFTA with respect to Canada whenever Canada has entered such an agreement. Declares that such agreement shall supersede the corresponding provisions of the CFTA and the NAFTA, and shall be incorporated in and become part of them as reinstated.

{"src": "billsum_train", "title": "United States-Canada Grain Trade Settlement Act of 1994"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Access to Higher Education Act of 2007''. SEC. 2. INCREASE IN FEDERAL PELL GRANTS. (a) Amendment.--Section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) is amended-- (1) in subsection (a)(1), by striking ``2004'' and inserting ``2008''; and (2) in subsection (b)-- (A) in subparagraph (A) of paragraph (2), by striking ``shall be--'' and all that follows through ``that year.'' and inserting ``shall be $5,100 for academic year 2007-2008, less an amount equal to the amount determined to be the expected family contribution with respect to that student for that year.''; and (B) in paragraph (5), by striking ``$400'' each place the term appears and inserting ``$500''. (b) Additional Funds.-- (1) In general.--There are authorized to be appropriated, and there are appropriated, to carry out paragraph (2) (in addition to any other amounts appropriated to carry out section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) and out of any money in the Treasury not otherwise appropriated) $4,331,000,000 for academic year 2007-2008. (2) Increase in federal pell grants.--The funds made available pursuant to paragraph (1) shall be used to increase the amount of the maximum Federal Pell Grant under section 401 of the Higher Education Act of 1965 for which funds are appropriated under appropriations Acts for fiscal year 2007 by $1,050 for award year 2007-2008. (c) Effective Date.--The amendments made by subsection (a)(2)(B) shall take effect on July 1, 2007. SEC. 3. EXPANSION OF DEDUCTION FOR INTEREST ON EDUCATION LOANS. (a) Increased Limitation.-- (1) Maximum deduction.--Paragraph (1) of section 221(b) of the Internal Revenue Code of 1986 (relating to maximum deduction) is amended to read as follows: ``(1) In general.--Except as provided in paragraph (2), the deduction allowed by subsection (a) for the taxable year shall not exceed $3,750.''. (2) Increase in phaseout.--Subclause (II) of section 221(b)(2)(i) of such Code is amended by striking ``$50,000 ($100,000'' and inserting ``$75,000 ($150,000''. (b) Conforming Amendment.--Section 221(f)(1) of such Code is amended to read as follows: ``(1) In general.--In the case of a taxable year beginning after 2007, the $75,000 and $150,000 amounts in subsection (b)(2) shall each be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2006' for `calendar year 1992' in subparagraph (B) thereof.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006. (d) Repeal of EGTRRA Sunset.--Title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 (relating to sunset of provisions of such Act) shall not apply to section 412 of such Act (relating to elimination of 60-month limit and increase in income limitation on student loan interest deduction). SEC. 4. COVERDELL EDUCATION SAVINGS ACCOUNTS. (a) Increase in Allowable Contributions.-- (1) In general.--Clause (iii) of section 530(b)(1)(A) of the Internal Revenue Code of 1986 is amended by striking ``$2,000'' and inserting ``$3,000''. (2) Conforming amendment.--Section 4973(e)(1)(A) of such Code is amended by striking ``$2,000'' and inserting ``$3,000''. (b) Reports.--Subsection (h) of section 530 of such Code is amended by striking the period at the end of the last sentence and inserting ``, except that reports shall be so filed and furnished for any calendar year not later than June 30 of the following year.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006. (d) Repeal of EGTRRA Sunset.--Title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 (relating to sunset of provisions of such Act) shall not apply to section 401 of such Act (relating to modifications to education individual retirement accounts). SEC. 5. REPEAL OF EGTRRA SUNSET FOR EMPLOYER-PROVIDED EDUCATIONAL ASSISTANCE. Title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 (relating to sunset of provisions of such Act) shall not apply to section 411 of such Act (relating to extension of exclusion for employer-provided educational assistance).

Improving Access to Higher Education Act of 2007 - Amends the Higher Education Act of 1965 to increase the maximum Pell Grant award to $5,100 for the 2007-2008 academic year. Raises the minimum Pell Grant award from $400 to $500. Amends the Internal Revenue Code to raise: (1) the maximum student loan interest deduction to $3,750; and (2) the modified adjusted gross income level where such deduction begins to be phased-out. Exempts from the sunset provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA): (1) the elimination of the 60-month limit on the period of such deduction; and (2) the increase in the income limitation on such deduction. Increases the maximum annual contribution limit for Coverdell education savings accounts from $2,000 to $3,000, and makes such increase permanent. Repeals the EGTRRA sunset on the tax exclusion of employer-provided educational assistance.

{"src": "billsum_train", "title": "A bill to provide an increase in funding for Federal Pell Grants, to amend the Internal Revenue Code of 1986 in order to expand the deduction for interest paid on student loans, raise the contribution limits for Coverdell Education Savings Accounts, and make the exclusion for employer provided educational assistance permanent, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``At-Home Infant Care Act of 2004''. SEC. 2. FINDINGS. Congress finds the following: (1) In the majority of American families, parents, whether married or single, must work to provide economic security for their families and, not the least, for the infants newly welcomed into the family. Fifty-five percent of women with children less than 1 year of age are part of the workforce, while 73 percent of women with children 1 year of age or older are in the workforce. (2) Research shows that the quality and nature of care- taking in the first months and years of life are critical to a newborn's subsequent brain development, social development, and well-being. Healthy early development depends on nurturing and dependable relationships. (3) Research also shows that there is an extreme shortage of quality, affordable child care for infants. Numerous studies document lack of infant care and, in particular, affordable care that meets basic health and safety standards, particularly in rural areas. The current number of licensed infant slots can only meet 18 percent of the potential need. The shortage is even more acute in rural areas, especially those with a high percentage of low-wage residents. (4) For the well-being of American children, and for the economic security of the families on which they depend, working parents should be able to provide this care themselves without undermining family economic stability. SEC. 3. AMENDMENTS TO THE CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF 1990. (a) Authorization of Appropriations.--Section 658B of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858) is amended-- (1) by inserting ``(other than section 658H)'' after ``subchapter'', (2) by inserting ``(a) In General.--'' before ``There'', and (3) by adding at the end the following: ``(b) Infant Care at Home.--There is authorized to be appropriated for each of the fiscal years 2005, 2006, and 2007 such sums as may be necessary to carry out section 658H.''. (b) Application and Plan.--Section 658E(c) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (A)(i) by inserting ``(other than section 658H)'' after ``subchapter'', and (B) in subparagraph (B) by inserting ``(other than section 658H)'' after ``subchapter'', and (C) by adding at the end the following: ``(I) Maintenance of effort.--Certify that the State agrees that funds appropriated under section 658B for any period will be used to supplement, and not to supplant, non-Federal funds that in the absence of funds appropriated under section 658B would be made available to provide child care services and infant care.'', (2) in paragraph (3)-- (A) in subparagraph (B) by inserting ``(other than section 658H)'' after ``subchapter'', (B) in subparagraph (D) by inserting ``(other than section 658H)'' after ``subchapter'', and (C) by adding at the end the following: ``(E) Assistance for infant care at home.--If a State elects to receive funds appropriated under section 658B(b) for a fiscal year, the State plan shall provide that the State will use such funds to carry out section 658H in accordance with the applicable requirements of this subchapter.'', and (3) in paragraph (5) by inserting ``and, if applicable, by eligible parent caregivers who receive financial assistance provided under section 658H'' before the period at the end. (c) Activities to Improve the Quality of Child Care.--Section 658G of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858e) is amended by inserting ``(other than section 658H)'' after ``subchapter''. (d) Financial Assistance for Infant Care Provided at Home by Parents.--The Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.) is amended by inserting after section 658G the following: ``SEC. 658H. FINANCIAL ASSISTANCE FOR INFANT CARE PROVIDED AT HOME BY PARENTS. ``(a) Authority to Make Grants.--With funds appropriated under section 658B(b) for a fiscal year, the Secretary may make grants equitably on the basis of the demonstrated need of parent caregivers for financial assistance, to eligible States to provide financial assistance to enable eligible parents to become the caregivers for eligible infants at home. ``(b) Eligibility of Parents.--A parent of an eligible infant is eligible to receive financial assistance provided under subsection (a) by a State only if such parent-- ``(1) is a member of a family that does not receive child care services for such infant provided with funds appropriated under section 658B(a) for such fiscal year; ``(2)(A) is a member of a single-parent family and-- ``(i) worked not less than 60 hours (in the aggregate); or ``(ii) worked not less than 40 hours (in the aggregate) and attended not less than 20 hours (in the aggregate) a postsecondary education or training program; in the 3-month period ending on the date such parent applies for such assistance; or ``(B) is a member of a 2-parent family in which both parents worked 120 hours (in the aggregate) in the 3-month period ending on the date such parent applies for such assistance; ``(3)(A) is a member of a single-parent family and agrees to use such assistance to personally care for such infant at home in lieu of placing such infant with an eligible child care provider; or ``(B) is a member of a 2-parent family and-- ``(i) such parent agrees to use such assistance to personally care for such infant at home in lieu of placing such infant with a child care provider; and ``(ii) the other parent will work for compensation during such period; and ``(4) to comply with any other requirement applicable under this subchapter. ``(c) Limitation.--Financial assistance may not be provided under this section to an eligible parent for a period exceeding 24 months (in the aggregate) during the lifetime of such parent.''. (e) Evaluation and Report to Congress.--Section 658L of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858j) is amended-- (1) by inserting ``(a) Biennial Reports.--'' before ``Not'', and (2) by adding at the end the following: ``(b) Report on At-Home Infant Care.--Not later than 4 years after the date of the enactment of At-Home Infant Care Act of 2004, the Secretary shall submit, to the Speaker of the House of Representatives and the President Pro Tempore of the Senate, a report containing a summary of an evaluation carried out by the Secretary to determine the effectiveness of infant care provided under section 658H. Such evaluation shall include information relating to-- ``(1) experiences of the States in developing and operating programs under section 658H, including design issues and issues in coordinating infant care under such section with child care services provided under other provisions of this subchapter; ``(2) characteristics of families seeking to receive financial assistance, and of families receiving such assistance, provided under such section; ``(3) the length of time families receive such assistance under such section and the reasons families cease to receive such assistance; ``(4) the employment patterns of families receive such assistance under such section and the effect receiving such assistance has on current or subsequent employment; and ``(5) the costs and benefits of such assistance.''. (f) Amounts Reserved; Allotments.--Section 658O of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858m) is amended-- (1) in subsection (a)-- (A) in paragraph (1) by striking ``this subchapter'' and inserting ``section 658B(a)'', and (B) in paragraph (2) by striking ``658B'' and inserting ``658B(a)'', and (2) in subsection (e)(3) by inserting ``(other than section 658H)'' after ``subchapter''. (g) Definitions.--Section 658P of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n) is amended-- (1) by inserting after paragraph (5) the following: ``(5A) Eligible infant.--The term `eligible infant' means an eligible child who-- ``(A) is less than 2 years of age; and ``(B) whose family income does not exceed 85 percent of the State median income for a family of the same size.'', and (2) in paragraph (8) by striking ``658B(a)'' and inserting ``658D(a)''. (h) Miscellaneous Provisions.--Section 658S of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858q) is amended by inserting ``(including financial assistance provided under section 658H)'' after ``subchapter''. SEC. 4. CONFORMING AMENDMENTS. Section 418(c) of the Social Security Act (42 U.S.C. 618(c)) is amended-- (1) by inserting ``(excluding section 658H)'' after ``such Act'' the 1st place it appears, and (2) by inserting ``(excluding the requirements and limitations applicable to assistance provided under section 658H)'' after ``such Act'' the 2d place it appears.

At-Home Infant Care Act of 2004 - Amends the Child Care and Development Block Grant Act of 1990 to authorize appropriations for the Secretary of Health and Human Services to make grants to eligible States to provide financial assistance for up to 24 months (in the aggregate) to enable an eligible parent to become the caregiver for an eligible infant at home.

{"src": "billsum_train", "title": "To amend the Child Care and Development Block Grant Act of 1990 to authorize financial assistance to permit infants to be cared for at home by parents."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Crisis Policy Commission Act''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) the people of the United States will find it increasingly difficult to pay for their medical care if the cost of such care continues to increase; (2) in 1988, an estimated 37,000,000 individuals in the United States lacked health insurance and another 50,000,000 were underinsured, leading to high levels of uncompensated medical care; (3) there exists a tremendous need in the United States for access to basic medical care services; (4) as the average age of individuals in the United States increases, there will be a growing demand for health care; (5) in 1988, the average cost of a stay of 1 year in a long-term health care facility was $25,000; (6) adequate long-term health care insurance is unavailable; (7) the medical care system of the Department of Veterans Affairs is not adequate to deal with the health care needs of American veterans; (8) 11 percent of the gross national product of the United States is made up of spending for medical care; (9) medical malpractice tort reform is necessary because the high cost of malpractice insurance inflates medical costs; (10) there is a shortage of prenatal, infant delivery, and well-baby care services in the United States even though it has been proven that such services reduce medical costs over the long term; (11) a large percentage of health care expenditures are made for extraordinary medical procedures performed near the end of individuals' lives rather than for preventative measures early in their lives; (12) Federal income tax incentives for employer-paid group health insurance need to be improved; (13) businesses that offer only self-insured health care coverage for their employees need to have such coverage regulated to guarantee adequate coverage, as such coverage is the fastest growing segment of health care insurance; (14) concern exists regarding the continued solvency of the medicare system with physicians becoming reluctant to participate because Federal payment rates are too low; and (15) health care in many rural areas is inadequate and some rural hospitals are closing. SEC. 3. ESTABLISHMENT. There is established a commission to be known as the ``Health Care Crisis Policy Commission'' (in this Act referred to as the ``Commission''). SEC. 4. DUTIES. The Commission shall conduct a study of the problems of the cost and delivery of medical care in the United States. In conducting the study, the Commission shall-- (1) examine the escalating costs of medical care and health care insurance and its effect on the availability of medical care to individuals in the United States; (2) investigate alternatives for providing medical care to individuals who do not have health care insurance or who do not have adequate health care insurance; (3) evaluate how the private sector could most effectively offer adequate health care insurance to all employed individuals in the United States; (4) review the demands that will be placed on the Nation's health care system in the future as the population of the United States ages; (5) examine the costs of long-term institutional and home health care and the affordability and availability of insurance for such care; (6) evaluate the health care delivery system of the Department of Veterans Affairs; (7) investigate reforms that could be made to the medical malpractice liability system and the effect such system has on medical malpractice insurance and on the cost of health care; (8) examine the need for prenatal, delivery, and well-baby health care and how such care impacts on the cost of health care in the long term; (9) review the Federal income tax incentives used by businesses for employer-sponsored group health insurance; (10) research the trend of businesses to be self-insured in their health insurance coverage and how such coverage is regulated; (11) examine the delivery of health care in the rural areas of the United States and the reasons for the closing of many of the hospitals in those areas; (12) evaluate the financial stability and effectiveness of, and physician reimbursements from, title XVIII of the Social Security Act (42 U.S.C. 1395-1395ccc; commonly known as medicare); (13) investigate financing options and costs for each health care delivery system recommended by the Commission as an alternative to the systems used in the United States as of the date of the enactment of this Act; (14) investigate systems of organizing and delivering health care and types of incentives that could be used to improve the efficiency of the provision of health care while improving the quality of care; and (15) investigate other areas relating to the efficient and cost-effective delivery of health care that the Commission believes it is necessary to investigate. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 15 members appointed as follows: (1) 5 members appointed by the President. (2) 5 members appointed by the Speaker of the House of Representatives. (3) 5 members appointed by the majority leader of the Senate. (b) Qualifications for and Limitations on Appointment.--Each member shall be knowledgeable about the delivery or the financing of health care, or both, or in the economics, administration, or legal aspects of health care. Each member shall be selected from among consumers of health care, health care providers, employers, health care financial institutions, or organizations that represent such persons. Not more than 1 member appointed under each paragraph of subsection (a) may be-- (1) an officer or employee of the Federal Government; (2) an officer or employee of a State or local government; or (3) a Member of the Congress. (c) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (d) Political Affiliation.--Not more than 3 members of the Commission appointed under each paragraph of subsection (a) may be of the same political party. (e) Terms.--Each member shall be appointed for the life of the Commission. (f) Basic Pay.-- (1) Rates of pay.--Except as provided in paragraph (2), members of the Commission shall each be paid at a rate equal to the rate of basic pay payable for level IV of the Executive Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Commission. (2) Pay of federal employees and members of congress.-- Members of the Commission who are full-time officers or employees of the Federal Government or Members of the Congress shall receive no additional pay, allowances, or benefits, except those provided in paragraph (3), by reason of their service on the Commission. (3) Travel expenses.--Each member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in the same manner as is permitted under sections 5702 and 5703 of title 5, United States Code. (g) Quorum.--8 members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (h) Chairman and Vice Chairman.--The chairman and vice chairman of the Commission shall be elected by the members of the Commission. (i) Meetings.--The Commission shall meet at the call of the chairman of the Commission or a majority of its members. SEC. 6. STAFF; EXPERTS AND CONSULTANTS. (a) In General.--The chairman of the Commission shall, in accordance with the provisions of title 5, United States Code, governing appointments in the competitive service, and other applicable laws and regulations, hire such staff as is necessary to carry out the duties of the Commission. (b) Pay.--The staff of the Commission shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification and General Schedule pay rates. (c) Experts and Consultants.--The chairman may procure temporary and intermittent services of experts and consultants under section 3109(b) of title 5, United States Code. (d) Staff of Federal Agencies.--Upon request of the Commission, the head of any Federal agency is authorized to detail, on a reimbursable basis, any of the personnel of such agency to the Commission to assist the Commission in carrying out its duties under this Act. SEC. 7. POWERS. (a) Hearings and Sessions.-- (1) In general.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence, as the Commission considers appropriate. (2) Open meetings.--The Commission shall be considered an agency for the purposes of section 552b of title 5, United States Code (relating to the requirement that meetings of Federal agencies be open to the public). (b) Powers of Members and Agents.--Any member or agent of the Commission may, if so authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining Official Data.--All officers and employees of Federal agencies shall cooperate with the Commission in the performance of the duties of the Commission. Subject to sections 552 and 552a of title 5, United States Code (relating to the availability of information of Federal agencies to the public), the Commission may secure directly from any Federal agency information necessary to enable it to carry out this Act. Upon request of the Chairman of the Commission, the head of the Federal agency shall furnish the information to the Commission. (d) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (e) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies. (f) Administrative Support Services.--The Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. SEC. 8. REPORT. The Commission shall transmit to the President and to the Congress a report not later than 2 years after the date of enactment of this Act. The report shall contain a detailed statement of the findings and conclusions of the study conducted pursuant to section 4, together with the recommendations of the Commission for such legislation and administrative actions, at the Federal, State, and local level, and for actions that should be undertaken by the private sector, as the Commission considers appropriate. SEC. 9. TERMINATION. The Commission shall cease to exist 10 days after submitting its final report pursuant to section 8. SEC. 10. BUDGET COMPLIANCE. Any spending authority (as defined in subparagraphs (A) and (C) of section 401(c)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 651(c)(2)(A))) authorized by this Act shall be effective only to such extent or in such amounts as are provided in appropriation Acts.

Health Care Crisis Policy Commission Act - Establishes the Health Care Crisis Policy Commission to study and report on the problems of the cost and delivery of medical care in the United States.

{"src": "billsum_train", "title": "Health Care Crisis Policy Commission Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sage Grouse Protection and Conservation Act''. SEC. 2. GREATER SAGE-GROUSE PROTECTION AND CONSERVATION MEASURES. (a) Definitions.--In this section: (1) Covered western state.--The term ``covered western State'' means each of the States of California, Colorado, Idaho, Montana, Nevada, North Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming. (2) National forest system land.--The term ``National Forest System land'' means the Federal land within the National Forest System, as described in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)). (3) Public land.--The term ``public land'' has the meaning given the term ``public lands'' in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702). (4) Sage grouse species.--The term ``sage grouse species'' means the greater sage-grouse (Centrocercus urophasianus) and the Gunnison sage-grouse (Centrocercus minimus). (5) Secretary.--The term ``Secretary'' means-- (A) the Secretary of Agriculture, with respect to National Forest System land; and (B) the Secretary of the Interior, with respect to public land. (6) Statewide plan.--The term ``statewide plan'' means a statewide conservation and management plan for the protection and recovery of sage grouse species within a covered western State. (b) Secretarial Participation in State Planning Process.-- (1) In general.--Not later than 30 days after receipt of notice from a covered western State that the State is initiating or has initiated development of a statewide conservation and management plan for the protection and recovery of the sage grouse species within the State, the Secretary shall provide to the Governor of that covered western State-- (A) a commitment of the willingness of the Secretary to participate in the development; (B) a list of designees from the Department of the Interior or Department of Agriculture, as applicable, who shall represent the Secretary as a participant in the development; and (C) a list of other Federal departments that could be invited by the covered western State to participate. (2) Access to information.--Not later than 60 days after receipt of a notice described in paragraph (1) from the covered western State, the Secretary shall provide to the State all relevant scientific data, research, or information regarding sage grouse species and habitat within the State to appropriate State personnel to assist the State in the development. (3) Availability of department personnel.--The Secretary shall make personnel from Department of the Interior agencies or Department of Agriculture agencies, respectively, available, on at least a monthly basis, to meet with officials of the State to develop or implement a statewide plan. (c) Contents of Notice.--A notice under subsection (b) shall-- (1) be submitted by a Governor of any covered western State; and (2) include-- (A) an invitation for the Secretary to participate in development of the statewide plan; and (B) a commitment that, not later than 2 years after the submission of a notice under this section, the State shall present to the Secretary for review a 10- year (or longer) sage grouse species conservation and management plan for the entire State. (d) Review of State Plan.--If the Secretary receives a statewide plan from a covered western State not later than 2 years after receiving a notice under subsection (b) from the State, the Secretary shall-- (1) review the statewide plan using the best available science and data to determine if the statewide plan is likely-- (A) to conserve the sage grouse species to the point at which the measures provided pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) are no longer necessary in the State; and (B) to conserve the habitat essential to conserve the sage grouse species within the State; and (2) approve or endorse, or make comments regarding, the statewide plan not later than 120 days after the date of submission. (e) Actions After Statewide Plan Is Submitted.-- (1) Hold on certain actions.--Not later than 30 days after receipt of a statewide plan from a covered western State, the Secretary shall-- (A) take necessary steps to place on hold-- (i) for a period of not less than 10 years, all actions with respect to listing any sage grouse species in that State under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (ii) enforcement of any current listing of sage grouse species within that State under that Act; and (iii) designation of any critical habitat for any sage grouse species within that State under that Act; and (B) withdraw any land use planning activities related to Federal management of sage grouse on Federal land within that State and take immediate steps to amend all Federal land use plans to comply with the statewide plan with respect to that State, if-- (i) the State presents to the Secretary the conservation and management plan of the State not later than 2 years after the State submits notice to the Secretary under subsection (b); and (ii) the State is implementing the plan. (2) Actions pursuant to nepa.--Any proposed action pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) that occurs within a covered western State may not be denied or restricted solely on the basis of a sage grouse species if the action is consistent with a statewide plan that has been submitted by the State to the Secretary. (f) Existing State Plans.--The Secretary shall-- (1) except as provided in paragraph (2), give effect to a statewide plan that is submitted by a covered western State and approved or endorsed by the United States Fish and Wildlife Service before the date of the enactment of this Act, in accordance with the terms of approval or endorsement of the plan by the United States Fish and Wildlife Service; and (2) for purposes of subsections (b)(3) and (e), treat a statewide plan described in paragraph (1) as a plan referred to in those subsections.

Sage Grouse Protection and Conservation Act - Directs the Secretary of Agriculture (USDA) or the Secretary of the Interior to give effect to a statewide conservation and management plan for the protection and recovery of the greater sage-grouse (Centrocercus urophasianus) and the Gunnison sage-grouse (Centrocercus minimus) from either California, Colorado, Idaho, Montana, Nevada, North Dakota, Oregon, South Dakota, Utah, Washington, or Wyoming. Requires the appropriate Secretary to: hold for at least 10 years actions to list the species as endangered or threatened, the enforcement of the listing, and the designation of critical habitat for the species in that state; withdraw any land use planning activities related to federal management of the species on National Forest System lands and Bureau of Land Management (BLM) land within the state; and amend federal land use plans with respect to that state to comply with a state plan. Applies these requirements to states that submit a plan or have a plan previously endorsed by the U.S. Fish and Wildlife Service. Requires the appropriate Secretary to: (1) review statewide plans to determine if they are likely to conserve the species to the point at which the measures provided pursuant to the Endangered Species Act of 1973 are no longer necessary; (2) approve or endorse, or make comments on, statewide plans; and (3) provide states with information and make personnel available to help with plans. Prohibits any proposed action pursuant to the National Environmental Policy Act (NEPA) that occurs within one of those states from being denied or restricted solely on the basis of such sage-grouse if the action is consistent with a state plan that has been submitted to the appropriate Secretary.

{"src": "billsum_train", "title": "Sage Grouse Protection and Conservation Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Product Safety Notification Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Unintentional injuries are the leading cause of death among children, and for every such injury that is fatal, approximately 18 children are hospitalized and 1,250 are treated by emergency departments for such injuries that are nonfatal. (2) According to the Consumer Product Safety Commission, an average of 50 children under the age of 5 die each year in incidents associated with nursery products, and about 16 of these deaths each year are associated with cribs. (3) In 2003, an estimated 60,700 children under the age of 5 were treated in United States hospital emergency rooms for injuries associated with nursery products, and there were 10,700 injuries to children under the age of 5 years associated with strollers alone. (4) Of the 397 recalls issued by the Consumer Product Safety Commission in fiscal year 2005, 109 (or 28 percent) were children's products. Children's products were recalled, on average, over 2 times per week, and accounted for 19,635,627 individual units. SEC. 3. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Consumer Product Safety Commission. (2) Durable infant or toddler product.--The term ``durable infant or toddler product''-- (A) means a durable product intended for use, or that may be reasonably expected to be used, by children under the age of 5 years; and (B) includes-- (i) full-size cribs and nonfull-size cribs; (ii) toddler beds; (iii) high chairs, booster chairs, and hook-on chairs; (iv) bath seats; (v) gates and other enclosures for confining a child; (vi) play yards; (vii) stationary activity centers; (viii) child carriers; (ix) strollers; (x) walkers; (xi) swings; (xii) bassinets and cradles; and (xiii) children's folding chairs. SEC. 4. CONSUMER PRODUCT REGISTRATION FORMS. (a) Rulemaking.--Not later than 270 days after the date of enactment of this Act, the Commission shall, pursuant to its authority under section 16(b) of the Consumer Product Safety Act (15 U.S.C. 2065(b)), promulgate a final consumer product safety standard under section 7 of such Act (15 U.S.C. 2056) to require manufacturers of durable infant or toddler products-- (1) to provide consumers with a postage-paid consumer registration form with each such product; (2) to maintain a record of the names, addresses, email addresses, and other contact information of consumers who register their ownership of such products with the manufacturer in order to improve the effectiveness of manufacturer campaigns to recall such products; and (3) to permanently place the manufacturer name and contact information, model name and number, and the date of manufacture on each durable infant or toddler product. (b) Requirements for Registration Form.--The registration form required to be provided to consumers under subsection (a) shall-- (1) include spaces for a consumer to provide their name, address, telephone number, and email address; (2) include space sufficiently large to permit easy, legible recording of all desired information; (3) be attached to the surface of each durable infant or toddler product so that, as a practical matter, the consumer must notice and handle the form after purchasing the product; (4) include the manufacturer's name, model name and number for the product, and the date of manufacture; (5) include a message explaining the purpose of the registration and designed to encourage consumers to complete the registration; (6) include an option for consumers to register through the Internet; and (7) a statement that information provided by the consumer shall not be used for any purpose other than to facilitate a recall of or safety alert regarding that product. In issuing regulations under this section, the Commission may prescribe the exact text and format of the required registration form. (c) Record Keeping and Notification Requirements.--The standard required under this section shall require each manufacturer of a durable infant or toddler product to maintain a record of registrants for each product manufactured that includes all of the information provided by each consumer registered, and to use such information to notify such consumers in the event of a voluntary or involuntary recall of or safety alert regarding such product. Each manufacturer shall maintain such a record for a period of not less than 6 years after the date of manufacture of the product. Consumer information collected by a manufacturer under this Act may not be used by the manufacturer, nor disseminated by such manufacturer to any other party, for any purpose other than notification to such consumer in the event of a product recall or safety alert. (d) Study.--The Commission shall conduct a study at such time as it considers appropriate on the effectiveness of the consumer registration forms in facilitating product recalls. Upon the conclusion of such study, the Commission shall report its findings to Congress.

Child Product Safety Notification Act - Instructs the Consumer Product Safety Commission to promulgate a final consumer product safety standard that requires manufacturers of durable infant or toddler products to: (1) provide consumers with a postage-paid consumer registration form with each such product; (2) maintain a record of registered consumer contact information to improve the effectiveness of product recalls; (3) permanently place the manufacturer name and contact information, model name and number, and the date of manufacture on each durable infant or toddler product; and (4) implement specified recordkeeping and notification requirements.

{"src": "billsum_train", "title": "To direct the Consumer Product Safety Commission to require certain manufacturers to provide consumer product registration forms to facilitate recalls of durable infant and toddler products."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Refugee Resettlement Reform and Modernization Act of 2013''. SEC. 2. DEFINITIONS. In this Act: (1) Community-based organization.--The term ``community- based organization'' means a nonprofit organization providing a variety of social, health, educational and community services to a population that includes refugees resettled into the United States. (2) Director.--The term ``Director'' means the Director of the Office of Refugee Resettlement in the Department of Health and Human Services. (3) National resettlement agencies.--The term ``national resettlement agencies'' means voluntary agencies contracting with the Department of State to provide sponsorship and initial resettlement services to refugees entering the United States. SEC. 3. ASSESSMENT OF REFUGEE DOMESTIC RESETTLEMENT PROGRAMS. (a) In General.--As soon as practicable after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study regarding the effectiveness of the domestic refugee resettlement programs operated by the Office of Refugee Resettlement. (b) Matters To Be Studied.--In the study required under subsection (a), the Comptroller General shall determine and analyze-- (1) how the Office of Refugee Resettlement defines self- sufficiency and if this definition is adequate in addressing refugee needs in the United States; (2) the effectiveness of Office of Refugee Resettlement programs in helping refugees to meet self-sufficiency and integration; (3) the Office of Refugee Resettlement's budgetary resources and project the amount of additional resources needed to fully address the unmet needs of refugees with regard to self-sufficiency and integration; (4) the role of community-based organizations in serving refugees in areas experiencing a high number of new refugee arrivals; (5) how community-based organizations can be better utilized and supported in the Federal domestic resettlement process; and (6) recommended statutory changes to improve the Office of Refugee Resettlement and the domestic refugee program in relation to the matters analyzed under paragraphs (1) through (5). (c) Report.--Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit to Congress the results of the study required under subsection (a). SEC. 4. REFUGEE ASSISTANCE. (a) Assistance Made Available to Secondary Migrants.--Section 412(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1522(a)(1)) is amended by adding at the end the following: ``(C) The Director shall ensure that assistance under this section is provided to refugees who are secondary migrants and meet all other eligibility requirements for such assistance.''. (b) Report on Secondary Migration.--Section 412(a)(3) of such Act (8 U.S.C. 1522(a)(3)) is amended-- (1) by inserting ``(A)'' after ``(3)''; (2) by striking ``periodic'' and inserting ``annual''; and (3) by adding at the end the following: ``(B) At the end of each fiscal year, the Director shall submit a report to Congress that includes-- ``(i) States experiencing departures and arrivals due to secondary migration; ``(ii) likely reasons for migration; ``(iii) the impact of secondary migration on States hosting secondary migrants; ``(iv) the availability of social services for secondary migrants in those States; and ``(v) unmet needs of those secondary migrants.''. (c) Amendments to Social Services Funding.--Section 412(c)(1)(B) of such Act (8 U.S.C. 1522(c)(1)(B)) is amended-- (1) by inserting ``a combination of--'' after ``based on''; (2) by striking ``the total number'' and inserting the following: ``(i) the total number''; and (3) by striking the period at the end and inserting the following: ``(ii) the total number of all other eligible populations served by the Office during the period described who are residing in the State as of the beginning of the fiscal year; and ``(iii) projections on the number and nature of incoming refugees and other populations served by the Office during the subsequent fiscal year.''. (d) Notice and Rulemaking.--Not later than 90 days after the date of the enactment of this Act and not later than 30 days before the effective date set forth in subsection (e), the Director shall-- (1) issue a proposed rule for a new formula by which grants and contracts are to be allocated pursuant to the amendments made by subsection (c); and (2) solicit public comment regarding such proposed rule. (e) Effective Date.--The amendments made by this section shall become effective on the first day of the first fiscal year that begins after the date of the enactment of this Act. SEC. 5. RESETTLEMENT DATA. (a) In General.--The Director shall expand the Office of Refugee Resettlement's data analysis, collection, and sharing activities in accordance with the requirements set forth in subsections (b) through (e). (b) Data on Mental and Physical Medical Cases.--The Director shall-- (1) coordinate with the Centers for Disease Control and Prevention, national resettlement agencies, community-based organizations, and State refugee health programs to track national and State trends on refugees arriving with Class A medical conditions and other urgent medical needs; and (2) in collecting information under this subsection, utilize initial refugee health screening data, including-- (A) a history of severe trauma, torture, mental health symptoms, depression, anxiety, and posttraumatic stress disorder recorded during domestic and international health screenings; and (B) Refugee Medical Assistance utilization rate data. (c) Data on Housing Needs.--The Director shall partner with State refugee programs, community-based organizations, and national resettlement agencies to collect data relating to the housing needs of refugees, including-- (1) the number of refugees who have become homeless; and (2) the number of refugees who are at severe risk of becoming homeless. (d) Data on Refugee Employment and Self-Sufficiency.--The Director shall gather longitudinal information relating to refugee self- sufficiency, integration, and employment status during the 2-year period beginning 1 year after the date on which the refugees arrived in the United States. (e) Availability of Data.--The Director shall annually-- (1) update the data collected under this section; and (2) submit a report to Congress that contains the updated data. SEC. 6. GUIDANCE REGARDING REFUGEE PLACEMENT DECISIONS. (a) Consultation.--The Secretary of State shall provide guidance to national resettlement agencies and State refugee coordinators on consultation with local stakeholders pertaining to refugee resettlement. (b) Best Practices.--The Secretary of Health and Human Services, in collaboration with the Secretary of State, shall collect best practices related to the implementation of the guidance on stakeholder consultation on refugee resettlement from voluntary agencies and State refugee coordinators and disseminate such best practices to such agencies and coordinators. SEC. 7. EFFECTIVE DATE. This Act (except for the amendments made by section 4) shall take effect on the date that is 90 days after the date of the enactment of this Act.

Domestic Refugee Resettlement Reform and Modernization Act of 2013 - Directs the Comptroller General (GAO) to study the effectiveness of the Office of Refugee Resettlement's domestic refugee resettlement programs. Requires the Director of the Office of Refugee Resettlement to: (1) ensure that refugee assistance is provided to qualifying refugees who are secondary migrants; (2) report to Congress regarding states experiencing departures and arrivals due to secondary migration; and (3) expand the Office's data analysis, collection, and sharing activities to include data on mental and physical medical cases, housing needs, and refugee employment. Directs the Secretary of State and the Secretary of Health and Human Services (HHS) to provide refugee resettlement guidance to appropriate national, state, and local entities.

{"src": "billsum_train", "title": "Domestic Refugee Resettlement Reform and Modernization Act of 2013"}

SECTION 1. INCREASE IN PENALTIES. (a) In General.--Subparagraph (A) of section 309(d)(1) of the Federal Election Campaign Act of 1971 (2 U.S.C. 437g(d)(1)(A)) is amended to read as follows: ``(A) Any person who knowingly and willfully commits a violation of any provision of this Act which involves the making, receiving, or reporting of any contribution, donation, or expenditure-- ``(i) aggregating $25,000 or more during a calendar year shall be fined under title 18, United States Code, or imprisoned for not more than 5 years, or both; or ``(ii) aggregating $2,000 or more (but less than $25,000) during a calendar year shall be fined under such title, or imprisoned for not more than one year, or both.''. (b) Effective Date.--The amendment made by this section shall apply to violations occurring on or after the date of enactment of this Act. SEC. 2. STATUTE OF LIMITATIONS. (a) In General.--Section 406(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 455(a)) is amended by striking ``3'' and inserting ``5''. (b) Effective Date.--The amendment made by this section shall apply to violations occurring on or after the date of enactment of this Act. SEC. 3. SENTENCING GUIDELINES. (a) In General.--The United States Sentencing Commission shall-- (1) promulgate a guideline, or amend an existing guideline under section 994 of title 28, United States Code, in accordance with paragraph (2), for penalties for violations of the Federal Election Campaign Act of 1971 and related election laws; and (2) submit to Congress an explanation of any guidelines promulgated under paragraph (1) and any legislative or administrative recommendations regarding enforcement of the Federal Election Campaign Act of 1971 and related election laws. (b) Considerations.--The Commission shall provide guidelines under subsection (a) taking into account the following considerations: (1) Ensure that the sentencing guidelines and policy statements reflect the serious nature of such violations and the need for aggressive and appropriate law enforcement action to prevent such violations. (2) Provide a sentencing enhancement for any person convicted of such violation if such violation involves-- (A) a contribution, donation, or expenditure from a foreign source; (B) a large number of illegal transactions; (C) a large aggregate amount of illegal contributions, donations, or expenditures; (D) the receipt or disbursement of governmental funds; and (E) an intent to achieve a benefit from the Government. (3) Provide a sentencing enhancement for any violation by a person who is a candidate or a high-ranking campaign official for such candidate. (4) Assure reasonable consistency with other relevant directives and guidelines of the Commission. (5) Account for aggravating or mitigating circumstances that might justify exceptions, including circumstances for which the sentencing guidelines currently provide sentencing enhancements. (6) Assure the guidelines adequately meet the purposes of sentencing under section 3553(a)(2) of title 18, United States Code. (c) Effective Date; Emergency Authority To Promulgate Guidelines.-- (1) Effective date.--The United States Sentencing Commission shall promulgate guidelines under this section not later than the later of-- (A) 90 days after the date of enactment of this Act; or (B) 90 days after the date on which at least a majority of the members of the Commission are appointed and holding office. (2) Emergency authority to promulgate guidelines.--The Commission shall promulgate guidelines under this section in accordance with the procedures set forth in section 21(a) of the Sentencing Reform Act of 1987, as though the authority under such Act has not expired. SEC. 4. PROHIBITION ON CONTRIBUTIONS AND DONATIONS BY FOREIGN NATIONALS. (a) In General.--Section 319(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441e(a)) is amended to read as follows: ``(a) Prohibitions on Contributions and Donations.-- ``(1) In general.--Subject to paragraph (2), it shall be unlawful for-- ``(A) a foreign national, or an entity that is a domestic subsidiary of a foreign national, to make, directly or through any other person, any contribution of money or other thing of value, or promise expressly or impliedly to make any such contribution, in connection with an election to any political office or in connection with any primary election, convention, or caucus held to select a candidate for any political office or make any donation, or promise expressly or impliedly to make any such donation; or ``(B) any person to solicit, accept, or receive any such contribution or donation from a foreign national. ``(2) Exception.--Paragraph (1) shall not apply to an entity that is a domestic subsidiary of a foreign national if the entity can demonstrate through a reasonable accounting method that the entity has sufficient funds in the entity's account, other than funds given or loaned by the foreign national parent of the entity, from which the contribution or donation is made.''. (b) Definition of Donation.--Section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431) is amended by adding at the end the following: ``(20) Donation.-- ``(A) In general.--The term `donation' means a gift, subscription, loan, advance, or deposit of money or anything else of value made by any person to a national committee of a political party or a Senatorial or Congressional Campaign Committee of a national political party for any purpose, but does not include a contribution (as defined in paragraph (8)). ``(B) Foreign national.--In the case of a person which is a foreign national (as defined in section 319(b)), the term `donation' includes a gift, subscription, loan, advance, or deposit of money or anything else of value made by such person to a State or local committee of a political party or a candidate for State or local office.''. (c) Conforming Amendment.--Section 319 of Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by striking the heading and inserting ``RESTRICTIONS ON FOREIGN NATIONALS''. SEC. 5. PROHIBITION ON DONATIONS IN NAME OF ANOTHER. Section 320 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441f) is amended by inserting ``or donation'' after ``contribution'' each place it appears.

Amends the Federal Election Campaign Act of 1971 (FECA) to increase from one year to five years the maximum imprisonment for knowing and willful prohibited transactions aggregating $25,000 or more during a calendar year. Extends the statute of limitations from three to five years.Directs the U.S. Sentencing Commission to: (1) promulgate a guideline, or amend an existing guideline, for penalties under FECA and related election laws; and (2) submit to Congress an explanation of any such guidelines and any legislative or administrative recommendations regarding enforcement.Amends FECA to extend the prohibition against campaign contributions by foreign nationals to domestic subsidiaries of foreign nationals, unless the subsidiary can demonstrate through a reasonable accounting method that it has sufficient funds other than those given or loaned by its foreign national parent from which the contribution or donation is made.Extends to donations the prohibition against contributions in the name of another.

{"src": "billsum_train", "title": "A bill to amend the Federal Election Campaign Act of 1971 to enhance criminal penalties for election law violations, to clarify current provisions of law regarding donations from foreign nationals, and for other purposes."}

SECTION 1. PAYMENT FOR LONG-TERM CARE HOSPITAL SERVICES. (a) Long-Term Care Hospital Payment Adjustments.-- (1) In general.--Section 1886(m) of the Social Security Act (42 U.S.C. 1395ww(m)) is amended by adding at the end the following new paragraph: ``(6) High episode efficient case and episode outlier case payment adjustments.-- ``(A) Establishment of episode efficient case payment adjustments.--In making payment under the system described in paragraph (1) to a long-term care hospital described in subsection (d)(1)(B)(iv)(I), for discharges occurring in rate years beginning on and after October 1, 2011, the Secretary shall make payment adjustments-- ``(i) under clause (ii) of subparagraph (C) for cases identified as meeting or exceeding the fixed high episode efficient case threshold under clause (i) of such subparagraph; and ``(ii) under clause (ii) of subparagraph (D) for cases identified as meeting or below the episode outlier case threshold under clause (i) of such subparagraph. ``(B) Determination of episode efficient cases.-- For the rate year beginning on and after October 1, 2011, the Secretary shall adopt rules which identify the predicted probability of those Medicare beneficiaries admitted as inpatients to long-term care hospitals from a subsection (d) hospital for whom the payment for services received during an episode of hospital care (as defined in subparagraph (G)) is predicted to be less than if they had remained in the subsection (d) hospital (in this paragraph referred to as `episode efficient cases'). The rules for determining episode efficient cases shall identify the characteristics of individuals while they were an inpatient in a subsection (d) hospital, including their length of stay, number of diagnoses, number of medical procedures, and the number of days of care provided in an intensive care or cardiac care unit. Such characteristics shall be determined by the Secretary to be characteristics for which information is usually available to long-term care hospitals before the admission of an individual to a long-term care hospital. ``(C) High episode efficient cases.-- ``(i) Threshold.--Subject to subparagraph (F), the Secretary shall establish from year to year fixed high episode efficient case thresholds which identify Medicare beneficiaries discharged from long-term care hospitals with the highest 10 percent probability of being episode efficient cases. ``(ii) High episode efficient case payment adjustment.--The Secretary shall annually establish, consistent with subparagraph (E), the payment adjustment under this clause for cases which meet or exceed the applicable fixed high episode efficient case threshold established under clause (i). Such payment adjustment shall be a per discharge incentive payment, expressed as a percentage of the amount payable under the system under paragraph (1), which shall be made in addition to the amount payable for the long-term care hospital under such system. ``(D) Episode outlier case.-- ``(i) Threshold.--Subject to subparagraph (F), the Secretary shall establish from year to year episode outlier case thresholds at the percentage of predictive probability which identify Medicare beneficiary discharges the Secretary determines to have the lowest 10 percent probability of being episode efficient cases. In every year (after the first year in which this paragraph applies), the Secretary shall maintain such episode outlier case threshold, except that in any year the Secretary shall, if necessary, reduce the episode outlier case threshold so that no more than 10 percent of Medicare beneficiaries discharged from long-term care hospitals are subject to the episode outlier case payment adjustment under clause (ii). ``(ii) Episode outlier case payment adjustment.--The payment adjustment under this clause for cases which are classified at or below the applicable episode outlier case threshold under clause (i) shall be the lesser of the amount payable under the system under paragraph (1) or 80 percent of the long-term care hospital's reasonable cost for each such Medicare patient discharge determined under section 1861(v)(1)(A). A long-term care hospital shall not be subject to the episode outlier case payment adjustment under this clause for more than 15 percent of Medicare beneficiaries who were discharged from the hospital in a rate year. ``(E) Budget neutrality.--The Secretary shall prospectively adjust the aggregate prospective payment adjustments for high episode efficient cases under subparagraph (C)(ii) for a year so that it is equal to the projected aggregate prospective payment adjustments for episode outlier cases under subparagraph (D)(ii) for that year. ``(F) Establishment of separate thresholds for certain geographic areas.--The Secretary-- ``(i) shall establish separate high episode efficient case and episode outlier case thresholds under subparagraphs (C)(i) and (D)(i) for long-term care hospitals located in a rural area; ``(ii) shall establish separate high episode efficient case and episode outlier case thresholds under such subparagraphs for long- term care hospitals located in urban areas for beneficiaries discharged from a subsection (d) hospital which accounts for more than 25 percent of the Medicare beneficiaries discharged from subsection (d) hospitals in a Metropolitan Statistical Area; ``(iii) the episode outlier thresholds set under subparagraphs (C)(i) and (D)(i) shall be established at a level no higher than the lowest 5 percent probability of being episode efficient cases; and ``(iv) may consider such other geographic factors as the Secretary determines to be appropriate in establishing such thresholds. ``(G) Episode of hospital care defined.--In this paragraph, the term `episode of hospital care' means the combined inpatient stay of a Medicare beneficiary discharged from a subsection (d) hospital and subsequently admitted to a long-term care hospital within a time period specified by the Secretary. ``(H) Review of data.--The Secretary shall provide long-term care hospitals with an opportunity to review data used to determine the classification of Medicare beneficiaries within the fixed high episode efficient case threshold and the episode outlier case threshold under this paragraph. ``(I) Medicare beneficiary defined.--In this paragraph, the term `Medicare beneficiary' means an individual entitled to benefits under part A.''. (b) No Application of 25 Percent Patient Threshold Payment Adjustment to Any Long-Term Care Hospital.--The Secretary of Health and Human Services shall not apply sections 412.534 or 412.536 of title 42, Code of Federal Regulations or any similar provision, with respect to discharges in rate years beginning on or after July 1, 2012. (c) No Application of One-Time Payment Adjustment to Any Long-Term Care Hospital.--The Secretary of Health and Human Services shall not make the one-time prospective payment adjustment to long-term care hospital prospective payment rates provided for in section 412.523(d)(3) of title 42, Code of Federal Regulations, or any similar provision. (d) No Application of Very Short-Stay Outlier Policy.--The Secretary of Health and Human Services shall not apply the amendments to the short-stay outlier payment provision for long-term care hospitals contained in section 412.529(c)(3)(i) of title 42, Code of Federal Regulations as finalized on May 11, 2007 (72 Federal Register 26904, 26992), or any similar provision. (e) Two-Year Moratorium on the Establishment of Long-Term Care Hospitals, Long-Term Care Satellite Facilities and on the Increase of Long-Term Care Hospital Beds in Existing Long-Term Care Hospitals or Satellite Facilities.-- (1) In general.--In the case of a long-term care hospital described in subsection (d)(1)(B)(iv)(I) of section 1886(m) of the Social Security Act (42 U.S.C. 1395ww(m)), there shall be a 2-year moratorium (beginning on December 29, 2012) on the establishment of new long-term care hospitals or satellite facilities and, subject to paragraph (2), on the increase in beds in existing long-term care hospitals or satellite facilities. For the purposes of this subsection, the term ``existing'' means, a hospital or satellite facility that received payment under the provisions of subpart O of part 412 of title 42, Code of Federal Regulations, as of the date of the enactment of this Act. (2) Exception.--A long-term care hospital which submitted plans to a State on or before January 1, 2009, to rebuild a hospital to comply with the seismic code requirements of a State, may expand its bed complement by no more than 10 beds upon approval by the State.

Amends title XVIII (Medicare) of the Social Security Act to require the Secretary of Health and Human Services (HHS), in making payment under the prospective payment system (PPS) to certain long-term care (LTC) hospitals for discharges in rate years beginning on and after October 1, 2011, to make payment adjustments for cases identified as: (1) meeting or exceeding the fixed high episode efficient case threshold, and (2) meeting or below the episode outlier case threshold. Directs the Secretary to adopt rules which identify the predicted probability of those Medicare beneficiaries admitted as inpatients to LTC hospitals from a subsection (d) hospital for whom the payment for services received during an episode of hospital care is predicted to be less than if they had remained in the subsection (d) hospital (episode efficient cases). (Generally, a subsection [d] hospital is an acute care hospital particularly one that receives payments under Medicare's inpatient PPS when providing covered inpatient services to eligible beneficiaries.) Directs the Secretary to: (1) establish separate thresholds for high episode efficient cases (Medicare beneficiary discharges with the highest 10% probability of being episode efficient cases) and episode outlier cases (Medicare beneficiary discharges with the lowest 10% probability of being episode efficient cases) for LTC hospitals located in a rural area, and (2) establish separate high episode efficient case and episode outlier case thresholds for LTC hospitals located in urban areas for beneficiaries discharged from a subsection (d) hospital which accounts for more than 25% of the Medicare beneficiaries discharged from subsection (d) hospitals in a Metropolitan Statistical Area. Establishes a two-year moratorium, beginning December 29, 2012, on the establishment of new LTC hospitals and LTC satellite facilities and on the increase in beds in existing LTC hospitals or satellite facilities.

{"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act with respect to Medicare payment for long-term care hospital services."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Anti-Semitism Awareness Act of 2016''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Title VI of the Civil Rights Act of 1964 (referred to in the section as ``title VI'') is one of the principal antidiscrimination statutes enforced by the Department of Education's Office for Civil Rights. (2) Title VI prohibits discrimination on the basis of race, color, or national origin. (3) Both the Department of Justice and the Department of Education have properly concluded that title VI prohibits discrimination against Jews, Muslims, Sikhs, and members of other religious groups when the discrimination is based on the group's actual or perceived shared ancestry or ethnic characteristics or when the discrimination is based on actual or perceived citizenship or residence in a country whose residents share a dominant religion or a distinct religious identity. (4) A September 8, 2010 letter from Assistant Attorney General Thomas E. Perez to Assistant Secretary for Civil Rights Russlynn H. Ali stated that ``[a]lthough Title VI does not prohibit discrimination on the basis of religion, discrimination against Jews, Muslims, Sikhs, and members of other groups violates Title VI when that discrimination is based on the group's actual or perceived shared ancestry or ethnic characteristics''. (5) To assist State and local educational agencies and schools in their efforts to comply with Federal law, the Department of Education periodically issues Dear Colleague letters. On a number of occasions, these letters set forth the Department of Education's interpretation of the statutory and regulatory obligations of schools under title VI. (6) On September 13, 2004, the Department of Education issued a Dear Colleague letter regarding the obligations of schools (including colleges) under title VI to address incidents involving religious discrimination. The 2004 letter specifically notes that ``since the attacks of September 11, 2001, OCR has received complaints of race or national origin harassment commingled with aspects of religious discrimination against Arab Muslim, Sikh, and Jewish students.''. (7) An October 26, 2010 Dear Colleague letter issued by the Department of Education stated, ``While Title VI does not cover discrimination based solely on religion, groups that face discrimination on the basis of actual or perceived shared ancestry or ethnic characteristics may not be denied protection under Title VI on the ground that they also share a common faith. These principles apply not just to Jewish students, but also to students from any discrete religious group that shares, or is perceived to share, ancestry or ethnic characteristics (e.g., Muslims or Sikhs).''. (8) Anti-Semitism remains a persistent, disturbing problem in elementary and secondary schools and on college campuses. (9) Jewish students are being threatened, harassed, or intimidated in their schools (including on their campuses) on the basis of their shared ancestry or ethnic characteristics including through harassing conduct that creates a hostile environment so severe, pervasive, or persistent so as to interfere with or limit some students' ability to participate in or benefit from the services, activities, or opportunities offered by schools. (10) The 2010 Dear Colleague letter cautioned schools that they ``must take prompt and effective steps reasonably calculated to end the harassment, eliminate any hostile environment, and its effects, and prevent the harassment from recurring,'' but did not provide guidance on current manifestation of anti-Semitism, including discriminatory anti- Semitic conduct that is couched as anti-Israel or anti-Zionist. (11) The definition and examples referred to in paragraphs (1) and (2) of section 3 have been valuable tools to help identify contemporary manifestations of anti-Semitism, and include useful examples of discriminatory anti-Israel conduct that crosses the line into anti-Semitism. (12) Awareness of this definition of anti-Semitism will increase understanding of the parameters of contemporary anti- Jewish conduct and will assist the Department of Education in determining whether an investigation of anti-Semitism under title VI is warranted. SEC. 3. DEFINITIONS. For purposes of this Act, the term ``definition of anti- Semitism''-- (1) includes the definition of anti-Semitism set forth by the Special Envoy to Monitor and Combat Anti-Semitism of the Department of State in the Fact Sheet issued on June 8, 2010, as adapted from the Working Definition of Anti-Semitism of the European Monitoring Center on Racism and Xenophobia (now known as the European Union Agency for Fundamental Rights); and (2) includes the examples set forth under the headings ``Contemporary Examples of Anti-Semitism'' and ``What is Anti- Semitism Relative to Israel?'' of the Fact Sheet. SEC. 4. RULE OF CONSTRUCTION FOR TITLE VI OF THE CIVIL RIGHTS ACT OF 1964. In reviewing, investigating, or deciding whether there has been a violation of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) on the basis of race, color, or national origin, based on an individual's actual or perceived shared Jewish ancestry or Jewish ethnic characteristics, the Department of Education shall take into consideration the definition of anti-Semitism as part of the Department's assessment of whether the alleged practice was motivated by anti-Semitic intent. SEC. 5. CONSTITUTIONAL PROTECTIONS. Nothing in this Act, or an amendment made by this Act, shall be construed to diminish or infringe upon any right protected under the First Amendment to the Constitution of the United States. Passed the Senate December 1, 2016. Attest: JULIE E. ADAMS, Secretary.

. Anti-Semitism Awareness Act of 2016 (Sec. 4) This bill requires the Department of Education, when reviewing whether there has been a violation of title VI of the Civil Rights Act of 1964 (prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving federal financial assistance) based on an individual's actual or perceived shared Jewish ancestry or Jewish ethnic characteristics, to consider the definition of "anti-Semitism" as part of its assessment of whether the alleged practice was motivated by anti-Semitic intent. For purposes of this bill, the definition of "anti-Semitism" is the definition set forth by the Special Envoy to Monitor and Combat Anti-Semitism of the Department of State in the Fact Sheet issued on June 8, 2010, as adapted from the Working Definition of Anti-Semitism of the European Monitoring Center on Racism and Xenophobia (now known as the European Union Agency for Fundamental Rights). (Sec. 5) Nothing in this bill shall be construed to diminish or infringe upon any right protected under the First Amendment to the Constitution.

{"src": "billsum_train", "title": "Anti-Semitism Awareness Act of 2016"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``English Language Unity Act of 2001''. SEC. 2. FINDINGS. The Congress finds and declares the following: (1) The United States is comprised of individuals from diverse ethnic, cultural, and linguistic backgrounds, and continues to benefit from this rich diversity. (2) Throughout the history of the United States, the common thread binding individuals of differing backgrounds has been the English language. (3) Among the powers reserved to the States respectively is the power to establish the English language as the official language of the respective States, and otherwise to promote the English language within the respective States, subject to the prohibitions enumerated in the Constitution of the United States and in laws of the respective States. SEC. 3. ENGLISH AS OFFICIAL LANGUAGE OF THE UNITED STATES. (a) In General.--Title 4, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 6--OFFICIAL LANGUAGE ``Sec. 161. Official language of the United States ``The official language of the United States is English. ``Sec. 162. Official functions of Government to be conducted in English ``(a) Official Functions.--The official functions of the Government of the United States shall be conducted in English. ``(b) Scope.--For the purposes of this section, the term `United States' means the several States and the District of Columbia, and the term `official' refers to any function that (i) binds the Government, (ii) is required by law, or (iii) is otherwise subject to scrutiny by either the press or the public. ``(c) Practical Effect.--This section shall apply to all laws, public proceedings, regulations, publications, orders, actions, programs, and policies, but does not apply to-- ``(1) teaching of languages; ``(2) requirements under the Individuals with Disabilities Education Act; ``(3) actions, documents, or policies necessary for national security, international relations, trade, tourism, or commerce; ``(4) actions or documents that protect the public health and safety; ``(5) actions or documents that facilitate the activities of the Bureau of the Census in compiling any census of population; ``(6) actions that protect the rights of victims of crimes or criminal defendants; or ``(7) using terms of art or phrases from languages other than English. ``Sec. 163. Uniform English language rule for naturalization ``(a) Uniform Language Testing Standard.--All citizens should be able to read and understand generally the English language text of the Declaration of Independence, the Constitution, and the Laws of the United States made in pursuance of the Constitution. ``(b) Ceremonies.--All naturalization ceremonies shall be conducted in English. ``Sec. 164. Rules of construction ``Nothing in this chapter shall be construed-- ``(1) to prohibit a Member of Congress or any officer or agent of the Federal Government, while performing official functions, from communicating unofficially through any medium with another person in a language other than English (as long as official functions are performed in English); ``(2) to limit the preservation or use of Native Alaskan or Native American languages (as defined in the Native American Languages Act); ``(3) to disparage any language other than English or to discourage any person from learning or using a language other than English; or ``(4) to be inconsistent with the Constitution of the United States.''. (b) Clerical Amendment.--The table of chapters at the beginning of title 4, United States Code, is amended by inserting after the item relating to chapter 5 the following new item: ``Chapter 6. Official Language.''. SEC. 4. GENERAL RULES OF CONSTRUCTION FOR ENGLISH LANGUAGE TEXTS OF THE LAWS OF THE UNITED STATES. (a) In General.--Chapter 1 of title 1, United States Code, is amended by adding at the end the following new section: ``Sec. 8. General rules of construction for laws of the United States ``(a) English language requirements and workplace policies, whether in the public or private sector, shall be presumptively consistent with the Laws of the United States; and ``(b) Any ambiguity in the English language text of the Laws of the United States shall be resolved, in accordance with the last two articles of the Bill of Rights, not to deny or disparage rights retained by the people, and to reserve powers to the States respectively, or to the people.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 1 of title 1, United States Code, is amended by inserting after the item relating to section 7 the following new item: ``8. General Rules of Construction for Laws of the United States.''. SEC. 5. IMPLEMENTING REGULATIONS. The Department of Justice shall, within 180 days after the date of enactment of this Act, issue for public notice and comment a proposed rule for uniform testing English language ability of candidates for naturalization, based upon the principles that (a) all citizens should be able to read and understand generally the English language text of the Declaration of Independence, the Constitution, and the Laws of the United States which are made in pursuance thereof, and (b) any exceptions to this standard should be limited to extraordinary circumstances, such as asylum. SEC. 6. EFFECTIVE DATE. The amendments made by sections 3 and 4 shall take effect on the date that is 180 days after the date of enactment of this Act.

English Language Unity Act of 2001 - Amends specified Federal law to declare English to be the official language of the United States. Requires the official functions of the United States (meaning, in this case, the States and the District of Columbia) to be conducted in English. Requires a uniform English language rule for U.S. naturalization, and all naturalization ceremonies to be conducted in English. Sets forth exceptions to and rules of construction for such requirements.Amends specified Federal law to declare, as a general rule of construction, that English language requirements and workplace policies, whether in the public or private sector, shall be presumptively consistent with the Laws of the United States.Requires the Department of Justice to issue for public notice and comment a proposed rule for uniform testing of English language ability of candidates for naturalization, based upon the principles that: (1) all citizens should be able to read and understand generally the English language text of the Declaration of Independence, the Constitution, and the Laws of the United States; and (2) any exceptions to this standard should be limited to extraordinary circumstances, such as asylum.

{"src": "billsum_train", "title": "To reaffirm English as the official language of the United States, to establish an uniform English language rule for naturalization,and to avoid misconstructions of the English language texts of the Laws of the United States, pursuant to Congress' powers to provide for the General Welfare of the United States and to establish an uniform Rule of Naturalization under Article I, Section 8, of the Constitution."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Visa Efficiency and E-Verify Extension Act of 2008''. SEC. 2. RECAPTURE OF IMMIGRANT VISAS LOST TO BUREAUCRATIC DELAY. (a) Worldwide Level of Employment-Based Immigrants.--Section 201(d) of the Immigration and Nationality Act (8 U.S.C. 1151(d)) is amended to read as follows: ``(d) Worldwide Level of Employment-Based Immigrants.-- ``(1) In general.--The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to the sum of-- ``(A) 140,000, plus ``(B) the number computed under paragraph (2), plus ``(C) the number computed under paragraph (3). ``(2) Unused visa numbers from previous fiscal year.--The number computed under this paragraph for a fiscal year is the difference, if any, between-- ``(A) the worldwide level of employment-based immigrant visas established for the previous fiscal year; and ``(B) the number of visas actually issued under section 203(b), subject to this subsection, during the previous fiscal year. ``(3) Unused visa numbers from fiscal years 1992 through 2007.--The number computed under this paragraph is the difference, if any, between-- ``(A) the difference, if any, between-- ``(i) the sum of the worldwide levels of employment-based immigrant visas established for each of fiscal years 1992 through 2007; and ``(ii) the number of visas actually issued under section 203(b), subject to this subsection, during such fiscal years; and ``(B) the number of unused visas from fiscal years 1992 through 2007 that were issued after fiscal year 2007 under section 203(b), subject to this subsection.''. (b) Worldwide Level of Family-Sponsored Immigrants.--Section 201(c) of the Immigration and Nationality Act (8 U.S.C. 1151(c)) is amended to read as follows: ``(c) Worldwide Level of Family-Sponsored Immigrants.-- ``(1) In general.-- ``(A) Base level.--Subject to subparagraph (B), the worldwide level of family-sponsored immigrants under this subsection for a fiscal year is equal to-- ``(i) 480,000 minus the number computed under paragraph (2), plus ``(ii) the sum of-- ``(I) the number computed under paragraph (3), plus ``(II) the number computed under paragraph (4). ``(B) Minimum.--In no case shall the number computed under subparagraph (A)(i) be less than 226,000. ``(2) Number of certain aliens not subject to direct numerical limitations.--The number computed under this paragraph for a fiscal year is the number of aliens described in subparagraph (A) or (B) of subsection (b)(2) who were issued immigrant visas or who otherwise acquired the status of an alien lawfully admitted to the United States for permanent residence in the previous fiscal year. ``(3) Unused visa numbers from previous fiscal year.--The number computed under this paragraph for a fiscal year is the difference, if any, between-- ``(A) the worldwide level of family-sponsored immigrant visas established for the previous fiscal year; and ``(B) the number of visas actually issued under section 203(a), subject to this subsection, during the previous fiscal year. ``(4) Unused visa numbers from fiscal years 1992 through 2007.--The number computed under this paragraph is the difference, if any, between-- ``(A) the difference, if any, between-- ``(i) the sum of the worldwide levels family-sponsored immigrant visas established for fiscal years 1992 through 2007; and ``(ii) the number of visas actually issued under section 203(a), subject to this subsection, during such fiscal years; and ``(B) the number of unused visas from fiscal years 1992 through 2007 that were issued after fiscal year 2007 under section 203(a), subject to this subsection.''. (c) Effective Date.--The amendments made by this section shall take effect 60 days after the date of the enactment of this Act. SEC. 3. EXTENSION OF THE CONRAD STATE 30 PROGRAM. Subsection (c) of section 220 of the Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103-416; 8 U.S.C. 1182 note) is amended by striking ``June 1, 2008'' and inserting ``June 1, 2013''. SEC. 4. SPECIAL IMMIGRANT NONMINISTER RELIGIOUS WORKER PROGRAM. (a) Regulations.--Not later than December 31, 2008, the Secretary of Homeland Security shall issue final regulations to eliminate or reduce fraud related to the granting of special immigrant status for special immigrants described in subclause (II) or (III) of section 101(a)(27)(C)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii)). (b) Extension.--Subclause (II) and subclause (III) of section 101(a)(27)(C)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii)) are amended by striking ``October 1, 2008,'' both places such term appears and inserting ``October 1, 2011,''. (c) Report.--Not later than September 30, 2010, the Inspector General of the Department of Homeland Security shall submit to Congress a report on the effectiveness of the regulations described in subsection (a). SEC. 5. EXTENSION OF THE BASIC PILOT PROGRAM. Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended by striking ``11-year period'' and inserting ``16-year period''. SEC. 6. PROTECTION OF SOCIAL SECURITY ADMINISTRATION PROGRAMS. (a) Funding Under Agreement.--Effective for fiscal years beginning on or after October 1, 2008, the Commissioner of Social Security and the Secretary of Homeland Security shall enter into and maintain an agreement which shall-- (1) provide funds to the Commissioner for the full costs of the responsibilities of the Commissioner under section 404 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), including (but not limited to)-- (A) acquiring, installing, and maintaining technological equipment and systems necessary for the fulfillment of the responsibilities of the Commissioner under such section 404, but only that portion of such costs that are attributable exclusively to such responsibilities; and (B) responding to individuals who contest a tentative nonconfirmation provided by the basic pilot confirmation system established under such section; (2) provide such funds quarterly in advance of the applicable quarter based on estimating methodology agreed to by the Commissioner and the Secretary (except in such instances where the delayed enactment of an annual appropriation may preclude such quarterly payments); and (3) require an annual accounting and reconciliation of the actual costs incurred and the funds provided under the agreement, which shall be reviewed by the Office of Inspector General of the Social Security Administration and the Department of Homeland Security. (b) Continuation of Employment Verification in Absence of Timely Agreement.--In any case in which the agreement required under subsection (a) for any fiscal year beginning on or after October 1, 2008, has not been reached as of October 1 of such fiscal year, the latest agreement between the Commissioner and the Secretary of Homeland Security providing for funding to cover the costs of the responsibilities of the Commissioner under section 404 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) shall be deemed in effect on an interim basis for such fiscal year until such time as an agreement required under subsection (a) is subsequently reached, except that the terms of such interim agreement shall be modified by the Director of the Office of Management and Budget to adjust for inflation and any increase or decrease in the volume of requests under the basic pilot confirmation system. In any case in which an interim agreement applies for any fiscal year under this subsection, the Commissioner and the Secretary shall, not later than October 1 of such fiscal year, notify the Committee on Ways and Means, the Committee on the Judiciary, and the Committee on Appropriations of the House of Representatives and the Committee on Finance, the Committee on the Judiciary, and the Committee on Appropriations of the Senate of the failure to reach the agreement required under subsection (a) for such fiscal year. Until such time as the agreement required under subsection (a) has been reached for such fiscal year, the Commissioner and the Secretary shall, not later than the end of each 90-day period after October 1 of such fiscal year, notify such Committees of the status of negotiations between the Commissioner and the Secretary in order to reach such an agreement. SEC. 7. GAO STUDY OF BASIC PILOT CONFIRMATION SYSTEM. (a) In General.--As soon as practicable after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study regarding erroneous tentative nonconfirmations under the basic pilot confirmation system established under section 404(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note). (b) Matters To Be Studied.--In the study required under subsection (a), the Comptroller General shall determine and analyze-- (1) the causes of erroneous tentative nonconfirmations under the basic pilot confirmation system; (2) the processes by which such erroneous tentative nonconfirmations are remedied; and (3) the effect of such erroneous tentative nonconfirmations on individuals, employers, and Federal agencies. (c) Report.--Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit the results of the study required under subsection (a) to the Committee on Ways and Means and the Committee on the Judiciary of the House of Representatives and the Committee on Finance and the Committee on the Judiciary of the Senate. SEC. 8. GAO STUDY OF EFFECTS OF BASIC PILOT PROGRAM ON SMALL ENTITIES. (a) In General.--Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on the Judiciary of the United States House of Representatives and the Senate a report containing the Comptroller General's analysis of the effects of the basic pilot program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) on small entities (as defined in section 601 of title 5, United States Code). The report shall detail-- (1) the costs of compliance with such program on small entities; (2) a description and an estimate of the number of small entities enrolled and participating in such program or an explanation of why no such estimate is available; (3) the projected reporting, recordkeeping and other compliance requirements of such program on small entities; (4) factors that impact small entities' enrollment and participation in such program, including access to appropriate technology, geography, entity size, and class of entity; and (5) the steps, if any, the Secretary of Homeland Security has taken to minimize the economic impact of participating in such program on small entities. (b) Direct and Indirect Effects.--The report shall cover, and treat separately, direct effects (such as wages, time, and fees spent on compliance) and indirect effects (such as the effect on cash flow, sales, and competitiveness). (c) Specific Contents.--The report shall provide specific and separate details with respect to-- (1) small businesses (as defined in section 601 of title 5, United States Code) with fewer than 50 employees; and (2) small entities operating in States that have mandated use of the basic pilot program.

Visa Efficiency and E-Verify Extension Act of 2008 - Amends the Immigration and Nationality Act to establish the fiscal year worldwide level of employment-based immigrants at 140,000 plus: (1) the previous year's unused visas; and (2) the number of unused visas from FY2002-FY2007. Establishes the fiscal year worldwide level of family-sponsored immigrants at 480,000 minus the number of certain aliens not subject to direct numerical limitations plus: (1) the previous year's unused visas; and (2) the number of unused visas from FY2002-FY2007. (States that such annual level shall not be less than 226,000.) Amends the Immigration and Nationality Technical Corrections Act of 1994 to extend the J-1 visa waiver (Conrad state 30/medical services in underserved areas) program through June 1, 2013. Directs the Secretary of Homeland Security to issue final regulations to eliminate or reduce fraud in the special immigrant non-minister religious worker program by no later than December 31, 2008. Amends the Immigration and Nationality Act to extend the special immigrant program for non-minister religious workers until October 1, 2011. Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to extend the employment eligibility confirmation pilot programs (which includes the E-Verify basic pilot program) for five years. Directs the Commissioner of Social Security and the Secretary, for fiscal years beginning on or after October 1, 2008, to enter into a fiscal year agreement which shall: (1) provide funds to the Commissioner for such programs' full costs in quarterly advances; and (2) require an annual accounting and reconciliation of costs incurred and funds provided. Provides for interim funding continuation (based upon the latest agreement) if an agreement has not been reached by October 1 of a fiscal year. Requires that the Government Accountability Office (GAO) conduct studies regarding: (1) erroneous tentative nonconfirmations under the E-Verify program; and (2) such program's effects on small entities.

{"src": "billsum_train", "title": "A bill to recapture family-sponsored and employment-based immigrant visas lost to bureaucratic delays and to prevent losses of family-sponsored and employment-based immigrant visas in the future, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Poverty Measurement Improvement Act''. SEC. 2. IMPROVING THE MEASUREMENT OF POVERTY IN THE UNITED STATES. (a) Definitions.--In this section: (1) Federal means-tested benefit.--The term ``Federal means-tested benefit'' means a benefit, refundable tax credit, or other form of assistance provided under any of the following programs: (A) Cash and general programs.-- (i) Supplemental Security Income. (ii) Earned Income Tax Credit (refundable portion). (iii) Additional Child Tax Credit. (iv) Temporary Assistance to Needy Families. (v) Title IV-E Foster Care. (vi) Title IV-E Adoption Assistance. (vii) Social Security Disability Insurance. (B) Medical.-- (i) Medicaid. (ii) State Children's Health Insurance Program. (iii) Refundable Premiums and Out of Pocket Subsidies under the Patient Protection and Affordable Health Care Act (PPACA). (C) Food.-- (i) Supplemental Nutrition Assistance Food Program (Agriculture). (ii) Women, Infant and Children (WIC) Food Program (Agriculture). (iii) School Breakfast (Agriculture). (D) Housing.-- (i) Section 8 Housing (HUD). (ii) Public Housing (HUD). (iii) Home Investment Partnership Program (HUD). (iv) Rural Housing Insurance Fund (Agriculture). (v) Rural Housing Service (Agriculture). (2) Household.--The term ``household'' means a householder and one or more people related to the householder by birth, marriage, or adoption. (3) Total family income.--The term ``total family income'' means, with respect to a household, an amount equal to-- (A) the sum of-- (i) all money income (as defined by the Bureau of the Census) earned by the members of the household; and (ii) the amount, or cash equivalent, of all Federal means-tested benefits received by the members of the household; minus (B) State and Federal income and payroll taxes attributable to the members of the household. (4) Income tax data.--The term ``income tax data'' means return information disclosed to the Bureau of the Census under section 6103(j)(1)(A) of the Internal Revenue Code of 1986. (5) Administering agency.--The term ``administering agency'' means a State or Federal agency responsible for administering a Federal means-tested benefit, and includes the following agencies: (A) The Social Security Administration. (B) The Department of the Treasury. (C) The Department of Health and Human Services. (D) The Department of Housing and Urban Development. (E) The Department of Agriculture. (F) The Department of Justice. (6) Personally identifiable information.--The term ``personally identifiable information'' means any information that identifies an individual or could reasonably be used to identify an individual that is-- (A) collected pursuant to a survey conducted by the Bureau of the Census; or (B) disclosed to the Bureau of the Census by an administering agency for the purpose of carrying out subsection (b). (7) Director.--The term ``Director'' means the Director of the Bureau of the Census. (b) New Poverty Measurement Linking Survey, Administrative, and Income Data.-- (1) In general.--Each fiscal year during the period that begins with fiscal year 2019 and ends with fiscal year 2028, in order to more accurately determine the extent of poverty in the United States and the anti-poverty effectiveness of means- tested benefit and tax programs, the Director shall conduct a new survey of income and poverty in the United States, and shall supplement and verify the information obtained pursuant to such survey using the following: (A) Data from the most recent available Current Population Survey. (B) Data furnished by administering agencies. (C) Income tax data. (2) Data related to formerly incarcerated individuals.--The Director-- (A) shall include, as part of the survey conducted under paragraph (1), questions related to whether an individual has previously been incarcerated or is on probation; and (B) shall collect data from the appropriate administering agencies with respect to the income of, and Federal means-tested benefits received by, individuals who have previously been incarcerated, or are on probation. (3) Administering agency data.-- (A) In general.--The head of each administering agency shall make available to the Director such data (including income tax data) as the Director shall require for the purpose of carrying out this subsection. (B) Payment of expenses.--The Director shall pay for the data described in subparagraphs (B) and (C) of paragraph (1) in such amount, if any (not exceeding the cost of furnishing the data), as may be determined by the head of the applicable agency that furnishes the data. (4) Publication of survey data.-- (A) Survey methods and responses.--The Director of the Bureau of the Census shall publish the methods used to carry out the survey required under paragraph (1), the number of households surveyed, the rate of responses, and the extent of survey completion. (B) Rates and other data.-- (i) In general.--The Director of the Bureau of the Census shall produce tables and graphs showing for each year the poverty rates and related data calculated using the survey responses and other data collected under paragraph (1), including-- (I) the total family income for survey respondents; (II) a breakdown of the amount of income taxes and payroll taxes paid by survey respondents; and (III) for 2018 and subsequent years, poverty rates calculated using updated poverty thresholds as described in clause (ii). (ii) Updated poverty thresholds.--For 2019 and subsequent years, the Director shall adjust the poverty thresholds used for determining poverty rates by using the personal consumer expenditure price index (as published by the Bureau of Economic Analysis). (C) Creation of a public database.--The Director shall create a database, available at the Director's discretion to researchers who meet the security requirements described in subsection (c)(4), that contains-- (i) data from the survey required under paragraph (1); and (ii) data described in subparagraphs (A) and (B) of paragraph (1). (D) No publication of personally identifiable information.--The Director shall ensure that no personally identifiable information is included in any publication of survey information or other data collected under this section, including the database created pursuant to subparagraph (C). (c) Protection and Disclosure of Personally Identifiable Information.-- (1) In general.--The security, disclosure, and confidentiality provisions set forth in this Act and sections 9 and 23 of title 13, United States Code, shall apply to personally identifiable information obtained by the Bureau of the Census pursuant to this Act. (2) Assignment of record identification keys.--All personally identifiable information shall be removed from individual records, which shall be given record identification keys for purposes of identification. (3) Staff access to personally identifiable information.-- An officer or employee of the Bureau of the Census or a representative from an administering agency may access personally identifiable information if such officer, employee, or representative has the special sworn status requirements implemented by the Bureau of the Census under section 9 and section 23 of title 13, United States Code. (4) Public access to personally identifiable information.-- The Director may disclose personally identifiable information to an individual who has special sworn status as implemented by the Bureau of the Census under section 9 and section 23 of title 12, United States Code. (5) Penalties.--Any individual who knowingly accesses or discloses personally identifiable information in violation of this section shall be guilty of a felony and upon conviction thereof shall be fined in an amount of not more than $300,000 under title 18, United States Code, or imprisoned for not more than five years, or both. (6) Inadmissibility of survey data.--Data contained in a response to a survey conducted pursuant to subsection (b)(1) shall not be admissible as evidence in any proceeding of any court, agency, board, or other entity. (d) State Reporting of Federal Means-Tested Data.--Beginning with the first full calendar year that begins after the date of enactment of this Act, with respect to any Federal means-tested benefit that is administered at the State level by a State administering agency, such State administering agency shall submit each year to the Federal administering agency responsible for administering the benefit at the Federal level a report that identifies each household that received such benefits during such year by the Social Security number of the head of the household and the amount, or cash equivalent, of such benefit received by such household. (e) Comparison of Individual Survey Data to Consumer Expenditure Survey.--Beginning with the first full calendar year that begins after the date of enactment of this Act and each year thereafter, the Bureau of the Census shall, in coordination with the Bureau of Labor Statistics, provide summary statistics comparing the income levels (constructed using all available administrative, income, and Current Population Survey data) of respondents to the Consumer Expenditure Survey conducted by the Bureau of Labor Statistics to the consumption habits of such respondents. (f) Sense of Congress Relating to Using Existing Funds.--It is the sense of Congress that no additional funds should be made available to carry out this section.

Poverty Measurement Improvement Act This bill requires the Bureau of the Census, for each of FY2019-FY2028, to conduct a new survey of income and poverty in the United States and to supplement and verify the information obtained using data from the most recent available Current Population Survey (CPS), data furnished by state and federal agencies that administer such benefits, and income-tax data. The Census Bureau shall include in the survey questions related to whether an individual has previously been incarcerated or is on probation. In addition, the Census Bureau shall: (1) collect data from the appropriate administering agencies regarding the income of, and federal means-tested benefits received by, individuals who have previously been incarcerated or are on probation; (2) produce tables and graphs showing for each year the poverty rates and related data calculated using the survey responses and other information collected; and (3) create a database that contains data from the survey, data from the most recent available CPS, and data furnished by administering agencies.  State agencies that administer federal means-tested benefits shall report annually on the benefits received by each household. The Census Bureau must annually provide specified summary statistics comparing income levels to consumption habits.

{"src": "billsum_train", "title": "Poverty Measurement Improvement Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Older Worker Opportunity Act of 2007''. SEC. 2. TAX CREDIT FOR EMPLOYING OLDER WORKERS IN FLEXIBLE WORK PROGRAMS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45O. FLEXIBLE WORK CREDIT. ``(a) In General.--For purposes of section 38, in the case of an eligible employer, the flexible work credit determined under this section for the taxable year shall be equal to 25 percent of the qualified wages for such taxable year. ``(b) Eligible Employer.--For purposes of this section, the term `eligible employer' means an employer which-- ``(1) maintains a qualified trust (within the meaning of section 401(a)), and ``(2) provides health insurance coverage (as defined in section 9832(b)(1)(A)) to employees and pays no less than 60 percent of the cost of such health insurance coverage with respect to each full-time employee receiving such coverage. ``(c) Qualified Wages Defined.--For purposes of this section-- ``(1) Qualified wages.--The term `qualified wages' means the wages paid or incurred by an eligible employer during the taxable year to eligible individuals. ``(2) Eligible individuals.-- ``(A) In general.--The term `eligible individual' means an individual who, at the time such wages are paid or incurred-- ``(i) has attained the age of 62, and ``(ii) is participating in a formal flexible work program. ``(B) Limitation.--Such term shall not include any individual who begins participation in a formal flexible work program during any period in which more than 20 percent of the employees of the eligible employer are already participating in a formal flexible work program. ``(3) Wages.-- ``(A) In general.--The term `wages' has the meaning given such term by subsection (b) of section 3306 (determined without regard to any dollar limitation contained in such section). ``(B) Other rules.--Rules similar to the rules of paragraph (2) and (3) of section 51(c) shall apply for purposes of this section. ``(C) Termination.--The term `wages' shall not include any amount paid or incurred to an individual after December 31, 2010. ``(4) Only first $6,000 of wages per year taken into account.--The amount of the qualified wages which may be taken into account with respect to any individual shall not exceed $6,000 per year. ``(d) Formal Flexible Work Program.--For purposes of this section-- ``(1) In general.--The term `formal flexible work program' means a program of an eligible employer-- ``(A) which consists of core time and flex time, ``(B) under which core time does not exceed-- ``(i) 20 hours per week, ``(ii) 3 days per week, or ``(iii) 1,000 hours per year, and ``(C) which meets the requirements of subsection (e). ``(2) Core time.--The term `core time' means the specific time-- ``(A) during which an employee is required to perform services related to employment, and ``(B) which is determined by the employer. ``(3) Flex time.--The term `flex time' means the time other than core time-- ``(A) during which an employee is required to perform services related to employment, and ``(B) which is determined at the election of the employee. ``(e) Requirements.--A program shall not be considered a formal flexible work program under this section unless such program meets the following requirements: ``(1) Duration of program.--The program shall allow for participation for a period of at least 1 year. ``(2) No change in health care benefits.--With respect to a participant whose work schedule is no less than 20 percent of the work schedule of a similarly situated full-time employee-- ``(A) such participant shall be entitled to the same health insurance coverage to which a similarly situated full-time employee would be entitled, ``(B) the employer shall contribute the same percentage of the cost of health insurance coverage for such participant as the employer would contribute for a similarly situated full-time employee, and ``(C) such participant shall be entitled to participate in a retiree health benefits plan of the employer in the same manner as a similarly situated full-time employee, except that service credited under the plan for any plan year shall be equal to the ratio of the participant's work schedule during such year to the work schedule of a similarly situated full-time employee during such year. ``(3) No reduction in pension benefits.-- ``(A) Defined benefit plans.-- ``(i) A participant shall be entitled to participate in a defined benefit plan (within the meaning of section 414(j)) of the employer in the same manner as a similarly situated full-time employee. ``(ii) Service credited to a participant under the plan for any plan year shall be equal to the ratio of the participant's work schedule during such year to the work schedule of a similarly situated full-time employee during such year. ``(iii) If the plan uses final average earnings to determine benefits, final average earnings of the participant shall be no less than such earnings were before the participant entered the program. ``(B) Defined contribution plans.--A participant shall be entitled to participate in a defined contribution plan (within the meaning of section 414(i)) of the employer in the same manner as a similarly situated full-time employee, and the employer shall match the participant's contributions at the same rate that the employer would match the contributions of a similarly situated full-time employee. ``(C) No forfeiture of pension benefits.--The pension benefits of a participant shall not be forfeited under the rules of section 411(a)(3)(B) or section 203(a)(3)(B) of the Employee Retirement Income Security Act of 1974 with respect to a participant who has attained normal retirement age as of the end of the plan year. ``(4) Nondiscrimination rule.--Eligibility to participate in the program shall not discriminate in favor of highly compensated employees (within the meaning of section 414(q)). ``(f) Certain Individuals Ineligible.--For purposes of this section, rules similar to the rules of section 51(i)(1) and section 52 shall apply. ``(g) Regulations.--The Secretary may prescribe such regulations as are necessary to carry out the purposes of this section, including simplified rules to satisfy the requirements of subsection (e)(3)(C) taking into account the requirements of section 411 and section 203 of the Employee Retirement Income Security Act of 1974.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(32) the flexible work credit determined under section 45O(a).''. (c) No Double Benefit.--Subsection (a) of section 280C of the Internal Revenue Code of 1986 is amended by inserting ``45O(a),'' after ``45A(a),''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 45O. Flexible work credit.''. (e) Effective Date.--The amendments made by this section shall apply to wages paid after December 31, 2006.

Older Worker Opportunity Act of 2007 - Amends the Internal Revenue Code to allow employers who maintain a tax-qualified pension or retirement plan and who provide health insurance coverage a business-related tax credit for 25% of the first $6,000 of the wages of employees who have attained the age of 62 and who are participating in a formal flexible work program. Defines "formal flexible work program" as a work program: (1) that consists of core and flex time; (2) whose core time does not exceed 20 hours per week, three days per week, or 1,000 hours per year; (3) that allows participation for at least one year; and (4) that does not permit a change or reduction in the health care or pension benefits of the participating employee.

{"src": "billsum_train", "title": "A bill to promote labor force participation of older Americans, with the goals of increasing retirement security, reducing the projected shortage of experienced workers, maintaining future economic growth, and improving the Nation's fiscal outlook."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Combating Fraud Against Seniors Act''. SEC. 2. CENTRALIZED COMPLAINT AND CONSUMER EDUCATION SERVICE FOR VICTIMS OF TELEMARKETING FRAUD. (a) Centralized Service.-- (1) Requirement.--The Federal Trade Commission shall, after consultation with the Attorney General, establish procedures to-- (A) log and acknowledge the receipt of complaints by individuals who certify that they have a reasonable belief that they have been the victim of fraud in connection with the conduct of telemarketing (as that term is defined in section 2325 of title 18, United States Code, as amended by subsection (d) of this section); (B) provide to individuals described in subparagraph (A), and to any other persons, information on telemarketing fraud, including-- (i) general information on telemarketing fraud, including descriptions of the most common telemarketing fraud schemes; (ii) information on means of referring complaints on telemarketing fraud to appropriate law enforcement agencies, including the Director of the Federal Bureau of Investigation and the Attorney General; and (iii) information, if available, on the number of complaints of telemarketing fraud against particular companies and any record of convictions for telemarketing fraud by particular companies for which a specific request has been made; and (C) refer complaints described in subparagraph (A) to appropriate entities, including State consumer protection agencies or entities and appropriate law enforcement agencies, for potential law enforcement action. (2) Central location.--The service under the procedures under paragraph (1) shall be provided at and through a single site selected by the Commission for that purpose. (3) Commencement.--The Commission shall commence carrying out the service not later than 1 year after the date of enactment of this Act. (b) Creation of Fraud Conviction Database.-- (1) Requirement.--The Attorney General shall establish and maintain a computer database containing information on the corporations and companies convicted of offenses for telemarketing fraud under Federal and State law. The database shall include a description of the type and method of the fraud scheme for which each corporation or company covered by the database was convicted. (2) Use of database.--The Attorney General shall make information in the database available to the Federal Trade Commission for purposes of providing information as part of the service under subsection (a). (c) Authorization of Appropriations.--There is authorized to be appropriated such sums as may be necessary to carry out this section. (d) Expansion of Scope of Telemarketing Fraud Subject to Enhanced Criminal Penalties.--Section 2325(1) of title 18, United States Code, is amended by striking ``telephone calls'' and inserting ``wire communications utilizing a telephone service''. SEC. 3. ENHANCED CRIMINAL PENALTIES IN CONNECTION WITH MASS MARKETING. Section 2326 of title 18, United States Code, is amended-- (1) by striking ``A person'' and inserting the following: ``(a) In General.--A person''; (2) by inserting ``or mass marketing'' after ``telemarketing''; and (3) by adding at the end the following: ``(b) Mass Marketing Defined.--In this section, the term `mass marketing' means a plan, program, promotion, or campaign that is conducted through solicitation by telephone, mail, the Internet, or other means to induce a large number of persons to-- ``(1) purchase goods or services: ``(2) participate in a contest or sweepstakes; or ``(3) invest for financial profit.''. SEC. 4. ADDITIONAL FUNDING TO COMBAT FRAUD. (a) In General.--There is authorized to be appropriated to the Bureau of Consumer Protection of the Federal Trade Commission $20,000,000 for each fiscal year to combat telemarketing and mass marketing fraud, of which not less than $5,000,000 shall be used in each fiscal year to combat telemarketing and mass marketing fraud against the elderly. (b) Definitions.--In this section-- (1) the term ``mass marketing'' has the meaning given the term in section 2326 of title 18, United States Code, as amended by this Act; and (2) the term ``telemarketing'' has the meaning given the term in section 2325 of title 18, United States Code, as amended by this Act.

Directs the Attorney General to: (1) establish and maintain a computer database of corporations and companies convicted of telemarketing fraud; and (2) make such information available to the FTC. Amends the Federal criminal code to: (1) include all wire communications utilizing a telephone service (currently, telephone calls) within the scope of telemarketing fraud subject to criminal penalties; and (2) include actions in connection with mass marketing within the scope of such penalties.

{"src": "billsum_train", "title": "Combating Fraud Against Seniors Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Medical Emergencies Air Transport Act of 1993''. SEC. 2. GRANTS TO STATES REGARDING AIRCRAFT FOR TRANSPORTING RURAL VICTIMS OF MEDICAL EMERGENCIES. Title XII of the Public Health Service Act (42 U.S.C. 300d et seq.) is amended by adding at the end thereof the following new part: ``Part D--Miscellaneous Grant Programs and Requirements ``SEC. 1241. GRANTS FOR SYSTEMS TO TRANSPORT RURAL VICTIMS OF MEDICAL EMERGENCIES. ``(a) In General.--The Secretary shall make grants to States to assist such States in the creation or enhancement of air medical transport systems that provide victims of medical emergencies in rural areas with access to treatments for the injuries or other conditions resulting from such emergencies. ``(b) Application and Plan.-- ``(1) Application.--To be eligible to receive a grant under subsection (a), a State shall prepare and submit to the Secretary an application in such form, made in such manner, and containing such agreements, assurances, and information, including a State plan as required in paragraph (2), as the Secretary determines to be necessary to carry out this section. ``(2) State plan.--An application submitted under paragraph (1) shall contain a State plan that shall-- ``(A) describe the intended uses of the grant proceeds and the geographic areas to be served; ``(B) demonstrates that the geographic areas to be served, as described under subparagraph (A), are rural in nature; ``(C) demonstrate that there is a lack of facilities available and equipped to deliver advanced levels of medical care in the geographic areas to be served; ``(D) demonstrate that in utilizing the grant proceeds for the establishment or enhancement of air medical services the State would be making a cost- effective improvement to existing ground-based or air emergency medical service systems; ``(E) demonstrate that the State will not utilize the grant proceeds to duplicate the capabilities of existing air medical systems that are effectively meeting the emergency medical needs of the populations they serve; ``(F) demonstrate that in utilizing the grant proceeds the State is likely to achieve a reduction in the morbidity and mortality rates of the areas to be served, as determined by the Secretary; ``(G) demonstrate that the State, in utilizing the grant proceeds, will-- ``(i) maintain the expenditures of the State for air and ground medical transport systems at a level equal to not less than the level of such expenditures maintained by the State for the fiscal year preceding the fiscal year for which the grant is received; and ``(ii) ensure that recipients of direct financial assistance from the State under such grant will maintain expenditures of such recipients for such systems at a level at least equal to the level of such expenditures maintained by such recipients for the fiscal year preceding the fiscal year for which the financial assistance is received; ``(H) demonstrate that persons experienced in the field of air medical service delivery were consulted in the preparation of the State plan; ``(I) contain such other information as the Secretary may determine appropriate. ``(c) Considerations in Awarding Grants.--In determining whether to award a grant to a State under this section, the Secretary shall-- ``(1) consider the rural nature of the areas to be served with the grant proceeds and the services to be provided with such proceeds, as identified in the State plan submitted under subsection (b); and ``(2) give preference to States with State plans that demonstrate an effective integration of the proposed air medical transport systems into a comprehensive network or plan for regional or statewide emergency medical service delivery. ``(d) State Administration and Use of Grant.-- ``(1) In general.--The Secretary may not make a grant to a State under subsection (a) unless the State agrees that such grant will be administered by the State agency with principal responsibility for carrying out programs regarding the provision of medical services to victims of medical emergencies or trauma. ``(2) Permitted uses.--A State may use amounts received under a grant awarded under this section to award subgrants to public and private entities operating within the State. ``(3) Opportunity for public comment.--The Secretary may not make a grant to a State under subsection (a) unless that State agrees that, in developing and carrying out the State plan under subsection (b)(2), the State will provide public notice with respect to the plan (including any revisions thereto) and facilitate comments from interested persons. ``(e) Number of Grants.--The Secretary shall award grants under this section to not less than 7 States. ``(f) Reports.-- ``(1) Requirement.--A State that receives a grant under this section shall annually (during each year in which the grant proceeds are used) prepare and submit to the Secretary a report that shall contain-- ``(A) a description of the manner in which the grant proceeds were utilized; ``(B) a description of the effectiveness of the air medical transport programs assisted with grant proceeds; and ``(C) such other information as the Secretary may require. ``(2) Termination of funding.--In reviewing reports submitted under paragraph (1), if the Secretary determines that a State is not using amounts provided under a grant awarded under this section in accordance with the State plan submitted by the State under subsection (b), the Secretary may terminate the payment of amounts under such grant to the State until such time as the Secretary determines that the State comes into compliance with such plan. ``(g) Definition.--As used in this section, the term `rural areas' means geographic areas that are located outside of standard metropolitan statistical areas, as identified by the Secretary. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to make grants under this section, $15,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 and 1996.

Rural Medical Emergencies Air Transport Act of 1993 - Amends the Public Health Service Act to mandate grants to States for the creation or enhancement of air medical transport systems providing victims of rural medical emergencies with access to treatments. Authorizes appropriations.

{"src": "billsum_train", "title": "Rural Medical Emergencies Air Transport Act of 1993"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``ERISA Child Abuse Accountability Act of 1995''. SEC. 2. AMENDMENTS TO TITLE I OF THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974. (a) Creation or Assignment of Rights to Benefits Under Qualified Child Abuse Orders.--Section 206(d)(3)(A) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1056(d)(3)(A)) is amended-- (1) by inserting ``or a child abuse order'' after ``a domestic relations order''; (2) by inserting ``or a qualified child abuse order'' after ``a qualified domestic relations order''; and (3) by inserting ``or any qualified child abuse order'' after ``any qualified domestic relations order''. (b) Qualified Child Abuse Orders.--Section 206(d)(3)(B) of such Act (29 U.S.C. 1056(d)(3)(B)) is amended-- (1) in clause (i), by striking ``the term'' and inserting ``The term'', and by striking ``, and'' at the end and inserting a period; (2) in clause (ii), by striking ``the term'' and inserting ``The term''; and (3) by adding at the end the following new clauses: ``(iii) The term `qualified child abuse order' means a child abuse order-- ``(I) which creates or recognizes the existence of an alternate payee's right to, or assigns to an alternate payee the right to, receive all or a portion of the benefits payable with respect to a participant under a plan, and ``(II) with respect to which the requirements of subparagraphs (C) and (D) are met. ``(iv) The term `child abuse order' means any court order or other similar process for the enforcement of a judgment rendered against a participant or beneficiary under a plan for physically, sexually, or emotionally abusing a child. For purposes of this clause-- ``(I) The term `judgment rendered for physically, sexually, or emotionally abusing a child' means any legal claim perfected through a final enforceable judgment, which claim is based in whole or in part upon the physical, sexual, or emotional abuse of a child, whether or not that abuse is accompanied by other actionable wrongdoing, such as sexual exploitation or gross negligence. ``(II) The term `child' means an individual under 18 years of age.''. (c) Exemption From Preemption.--Section 514(b)(7) of such Act (29 U.S.C. 1144(b)(7)) is amended by inserting ``or qualified child abuse orders (within the meaning of section 206(d)(3)(B)(iii))'' before the period. (d) Conforming Amendments.--Section 206(d)(3) of such Act (29 U.S.C. 1056(d)(3)) is amended-- (1) in subparagraph (C), by inserting ``or child abuse order'' after ``A domestic relations order''; (2) in subparagraph (D), by inserting ``or child abuse order'' after ``A domestic relations order''; (3) in subparagraph (E)(i), by inserting ``or child abuse order'' after ``A domestic relations order''; (4) in subparagraph (G)(i), by inserting ``or child abuse order'' after ``any domestic relations order'', by inserting ``or child abuse orders'' in subclause (I) after ``domestic relations orders'', and by inserting ``or a qualified child abuse order'' in subclause (II) after ``a qualified domestic relations order''; (5) in subparagraph (G)(ii), by inserting ``and child abuse orders'' after ``domestic relations orders'', by inserting ``or child abuse order'' after ``domestic relations order'' each place it appears in subclauses (II) and (III); (6) in subparagraph (H)(i), by inserting ``or whether a child abuse order is a qualified child abuse order'' after ``whether a domestic relations order is a qualified domestic relations order'', and by inserting ``or a qualified child abuse order'' after ``to be a qualified domestic relations order''; (7) in subparagraph (H)(ii), by inserting ``or a qualified child abuse order'' after ``a qualified domestic relations order''; (8) in subparagraph (H)(iii), by inserting ``or a qualified child abuse order'' after ``a qualified domestic relations order'' each place it appears in subclauses (I) and (II); (9) in subparagraph (H)(iv), by inserting ``or a qualified child abuse order'' after ``a qualified domestic relations order''; (10) in subparagraph (H)(v), by inserting ``or child abuse order'' after ``the domestic relations order''; (11) in subparagraph (I)(i), by inserting ``or child abuse order'' after ``a domestic relations order'', and by inserting ``or qualified child abuse order'' after ``a qualified domestic relations order''; (12) in subparagraph (J), by inserting ``or a qualified child abuse order'' after ``a qualified domestic relations order''; (13) in subparagraph (K), by inserting ``or child abuse order'' after ``a domestic relations order''; and (14) in subparagraph (M), by inserting ``or a qualified child abuse order'' after ``a qualified domestic relations order''. SEC. 3. AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986. (a) Creation or Assignment of Rights to Benefits Under Qualified Child Abuse Orders.--Subparagraph (B) of section 401(a)(13) of the Internal Revenue Code of 1986 (relating to assignment of benefits) is amended-- (1) by inserting ``or child abuse orders'' after ``domestic relations orders'' in the heading; (2) by inserting ``or a child abuse order'' after ``a domestic relations order''; and (3) by inserting ``or a qualified child abuse order'' after ``a qualified domestic relations order''. (b) Qualified Child Abuse Orders.--Paragraph (1) of section 414(p) of such Code (defining qualified domestic relations order) is amended by adding at the end the following new subparagraphs: ``(C) Qualified child abuse order.--The term `qualified child abuse order' means a child abuse order-- ``(i) which creates or recognizes the existence of an alternate payee's right to, or assigns to an alternate payee the right to, receive all or a portion of the benefits payable with respect to a participant under a plan, and ``(ii) with respect to which the requirements of paragraphs (2) and (3) are met. ``(D) Child abuse order.-- ``(i) In general.--The term `child abuse order' means any court order or other similar process for the enforcement of a judgment rendered against a participant or beneficiary under a plan for physically, sexually, or emotionally abusing a child. ``(ii) Definitions.--For purposes of this subparagraph-- ``(I) The term `judgment rendered for physically, sexually, or emotionally abusing a child' means any legal claim perfected through a final enforceable judgment, which claim is based in whole or in part upon the physical, sexual, or emotional abuse of a child, whether or not that abuse is accompanied by other actionable wrongdoing, such as sexual exploitation or gross negligence. ``(II) The term `child' means an individual under 18 years of age.''. (c) Conforming Amendments.--Subsection (p) of section 414 of such Code is amended-- (1) in paragraph (2), by inserting ``or child abuse order'' after ``A domestic relations order''; (2) in paragraph (3), by inserting ``or child abuse order'' after ``A domestic relations order''; (3) in paragraph (4)(A), by inserting ``or child abuse order'' after ``a domestic relations order''; (4) in paragraph (6)(A), by inserting ``or child abuse order'' after ``any domestic relations order'', by inserting ``or child abuse orders'' in clause (i) after ``domestic relations orders'', and by inserting ``or a qualified child abuse order'' in clause (ii) after ``a qualified domestic relations order''; (5) in paragraph (6)(B), by inserting ``and child abuse orders'' after ``domestic relations orders''; (6) in paragraph (7)(A), by inserting ``or whether a child abuse order is a qualified child abuse order'' after ``whether a domestic relations order is a qualified domestic relations order'', and by inserting ``or a qualified child abuse order'' after ``to be a qualified domestic relations order''; (7) in paragraph (7)(B), by inserting ``or qualified child support order'' in the heading after ``qualified domestic relations order'', and by inserting ``or a qualified child abuse order'' after ``a qualified domestic relations order''; (8) in paragraph (7)(C), by inserting ``or a qualified child abuse order'' after ``a qualified domestic relations order'' each place it appears in clauses (i) and (ii); (9) in paragraph (7)(D), by inserting ``or a qualified child abuse order'' after ``a qualified domestic relations order''; (10) in paragraph (7)(E), by inserting ``or child abuse order'' after ``the domestic relations order''; (11) in paragraph (8), by inserting ``or child abuse order'' after ``a domestic relations order''; (12) in paragraph (9), by inserting ``or a qualified child abuse order'' after ``a qualified domestic relations order''; (13) in paragraph (10), by inserting ``or a qualified child abuse order'' after ``a qualified domestic relations order''; and (14) in paragraph (11), by inserting ``or a qualified child abuse order'' after ``pursuant to a qualified domestic relations order'', and by inserting ``or a child abuse order'' after ``pursuant to a domestic relations order''. (d) Tax Treatment of Distributions Pursuant to Qualified Child Abuse Orders.-- (1) Alternate payee must include benefits in gross income.--Paragraph (1) of section 402(e) of such Code (relating to alternate payee under qualified domestic relations order treated as distributee) is amended by inserting ``or a qualified child abuse order (as defined in section 414(p))'' after ``a qualified domestic relations order (as defined in section 414(p))'' each place it appears. (2) Allocation of investment in the contract.--Paragraph (10) of section 72(m) of such Code (relating to determination of investment in the contract in the case of qualified domestic relations orders) is amended-- (A) in the heading, by inserting ``and qualified child abuse orders'' after ``qualified domestic relations orders''; and (B) by inserting ``or a qualified child abuse order (as defined in section 414(p))'' after ``a qualified domestic relations order (as defined in section 414(p))''. (3) Clarification of eligibility of participant for lump sum treatment.-- (A) Subparagraph (H) of section 402(d)(4) of such Code (relating to balance to credit of employee not to include amounts payable under qualified domestic relations order) is amended-- (i) in the heading, by inserting ``or qualified child abuse order'' after ``qualified domestic relations order''; and (ii) by inserting ``or a qualified child abuse order (within the meaning of section 414(p))'' after ``a qualified domestic relations order (within the meaning of section 414(p))''. (B) Subparagraph (J) of section 402(d)(4) of such Code is amended by inserting ``, or under a qualified child abuse order (within the meaning of section 414(p)) of the balance to the credit of an alternate payee,'' after ``former spouse of the employee''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall take effect on January 1, 1996, except that, in the case of a child abuse order entered before such date, the plan administrator-- (1) shall treat such order as a qualified child abuse order if such administrator is paying benefits pursuant to such order on such date, and (2) may treat any other such order entered before such date as a qualified child abuse order even if such order does not meet the requirements of such amendments.

ERISA Child Abuse Accountability Act of 1995 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to allow the creation or assignment of rights to employee pension benefits, under a qualified child abuse order, if this is necessary to satisfy a judgment against an employee benefit plan participant or beneficiary for physically, sexually, or emotionally abusing a child.

{"src": "billsum_train", "title": "ERISA Child Abuse Accountability Act of 1995"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Raises for Seniors Act''. SEC. 2. CONSUMER PRICE INDEX FOR ELDERLY CONSUMERS. (a) In General.--The Bureau of Labor Statistics of the Department of Labor shall prepare and publish an index for each calendar month to be known as the ``Consumer Price Index for Elderly Consumers'' or ``CPI-E'' that indicates the average change over time in the prices paid by individuals in the United States who are 62 years of age and older for a market basket of consumer goods and services. (b) Requirements.--In carrying out subsection (a), the Bureau of Labor Statistics shall-- (1) increase the number of individuals in the United States who are 62 years of age and older sampled in the consumer expenditure survey used to establish the CPI-E above the number of such individuals sampled for purposes of determining the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W); (2) establish samples of market-based items, stores, and prices to represent the purchasing patterns of older adults; and (3) examine the medical care component, including the cost and usage of prescription drugs, of the CPI-E taking into account that older adults have different illnesses and health care expenses, including dental expenses, than individuals in the United States who are under 62 years of age. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out the provisions of this section. (d) Effective Date.--The section shall apply with respect to calendar months ending on or after July 31 of the calendar year following the calendar year in which this Act is enacted. SEC. 3. COMPUTATION OF COST-OF-LIVING INCREASES. (a) In General.--Section 215(i) of the Social Security Act (42 U.S.C. 415(i)) is amended-- (1) in paragraph (1)(G), by inserting before the period the following: ``, and, solely with respect to any monthly insurance benefit payable under this title to an individual who has attained age 62, effective for adjustments under this subsection to the primary insurance amount on which such benefit is based (or to any such benefit under section 227 or 228) occurring after such individual attains such age, the applicable Consumer Price Index shall be deemed to be the Consumer Price Index for Elderly Consumers and such primary insurance amount shall be deemed adjusted under this subsection using such Index''; and (2) in paragraph (4), by striking ``and by section 9001'' and inserting ``, by section 9001'', and by inserting after ``1986,'' the following: ``and by section 3 of the Fair Raises for Seniors Act,''. (b) Conforming Amendments in Applicable Former Law.--Section 215(i)(1)(C) of such Act, as in effect in December 1978 and applied in certain cases under the provisions of such Act in effect after December 1978, is amended by inserting before the period the following: ``, and, solely with respect to any monthly insurance benefit payable under this title to an individual who has attained age 62, effective for adjustments under this subsection to the primary insurance amount on which such benefit is based (or to any such benefit under section 227 or 228) occurring after such individual attains such age, the applicable Consumer Price Index shall be deemed to be the Consumer Price Index for Elderly Consumers and such primary insurance amount shall be deemed adjusted under this subsection using such Index''. (c) Effective Date.--The amendments made by subsection (a) shall apply to determinations made with respect to cost-of-living computation quarters (as defined in section 215(i)(1)(B) of the Social Security Act (42 U.S.C. 415(i)(1)(B))) ending on or after September 30 of the second calendar year following the calendar year in which this Act is enacted. SEC. 4. PAYROLL TAX ON REMUNERATION UP TO CONTRIBUTION AND BENEFIT BASE AND MORE THAN $250,000. (a) In General.--Paragraph (1) of section 3121(a) of the Internal Revenue Code of 1986 is amended by inserting after ``such calendar year.'' the following: ``The preceding sentence shall apply only to calendar years for which the contribution and benefit base (as so determined) is less than $250,000, and, for such calendar years, only to so much of the remuneration paid to such employee by such employer with respect to employment as does not exceed $250,000.''. (b) Conforming Amendment.--Paragraph (1) of section 3121(a) of the Internal Revenue Code of 1986 is amended by striking ``Act) to'' and inserting ``Act), or in excess of $250,000, to''. (c) Effective Date.--The amendments made by this section shall apply to remuneration paid after December 31, 2014. SEC. 5. TAX ON NET EARNINGS FROM SELF-EMPLOYMENT UP TO CONTRIBUTION AND BENEFIT BASE AND MORE THAN $250,000. (a) In General.--Paragraph (1) of section 1402(b) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) in the case of the tax imposed by section 1401(a), the excess of-- ``(A) that part of the net earnings from self- employment which is in excess of-- ``(i) an amount equal to the contribution and benefit base (as determined under section 230 of the Social Security Act) which is effective for the calendar year in which such taxable year begins, minus ``(ii) the amount of the wages paid to such individual during such taxable years; over ``(B) that part of the net earnings from self- employment which is in excess of the sum of-- ``(i) the excess of-- ``(I) the net earning from self- employment reduced by the excess (if any) of subparagraph (A)(i) over subparagraph (A)(ii), over ``(II) $250,000, reduced by such contribution and benefit base, plus ``(ii) the amount of the wages paid to such individual during such taxable year in excess of such contribution and benefit base and not in excess of $250,000; or''. (b) Phaseout.--Subsection (b) of section 1402 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``Paragraph (1) shall apply only to taxable years beginning in calendar years for which the contribution and benefit base (as determined under section 230 of the Social Security Act) is less than $250,000.''. (c) Effective Date.--The amendments made by this section shall apply to net earnings from self-employment derived, and remuneration paid, after December 31, 2014. SEC. 6. INCLUSION OF SURPLUS EARNINGS FOR BENEFIT DETERMINATIONS. (a) Inclusion of Surplus Average Indexed Monthly Earnings in Determination of Primary Insurance Amounts.--Section 215(a)(1)(A) of the Social Security Act (42 U.S.C. 415(a)(1)(A)) is amended-- (1) in clauses (i), (ii), and (iii), by inserting ``basic'' before ``average indexed monthly earnings'' each place it appears; (2) in clause (ii), by striking ``and'' at the end; (3) in clause (iii), by adding ``and'' at the end; and (4) by inserting after clause (iii) the following new clause: ``(iv) 1 percent or $1000 (whichever is less) of the individual's surplus average indexed monthly earnings (determined under subsection (b)(1)(B)),''. (b) Basic AIME and Surplus AIME.-- (1) Basic aime.--Section 215(b)(1) of such Act (42 U.S.C. 415(b)(1)) is amended-- (A) in the matter preceding subparagraph (A), by inserting ``basic'' before ``average''; and (B) in subparagraph (A), by striking ``paragraph (3)'' and inserting ``paragraph (3)(A)'' and by inserting before the comma the following: ``to the extent such total does not exceed the contribution and benefit base for the applicable year''. (2) Surplus aime.-- (A) In general.--Section 215(b)(1) of such Act (as amended by paragraph (1)) is amended-- (i) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (ii) by inserting ``(A)'' after ``(b)(1)''; and (iii) by adding at the end the following new subparagraph: ``(B)(i) An individual's surplus average indexed monthly earnings shall be equal to the quotient obtained by dividing-- ``(I) the total (after adjustment under paragraph (3)(B)) of such individual's surplus earnings (determined under clause (ii)) for such individual's benefit computation years (determined under paragraph (2)), by ``(II) the number of months in those years. ``(ii) For purposes of clause (i) and paragraph (3)(B), an individual's surplus earnings for a benefit computation year are the total of such individual's wages paid in and self-employment income credited to such benefit computation year, to the extent such total (before adjustment under paragraph (3)(B)) exceeds the contribution and benefit base for such year.''. (B) Conforming amendment.--The heading for section 215(b) of such Act is amended by striking ``Average Indexed Monthly Earnings'' and inserting ``Basic Average Indexed Monthly Earnings; Surplus Average Indexed Monthly Earnings''. (3) Adjustment of surplus earnings for purposes of determining surplus aime.--Section 215(b)(3) of such Act (42 U.S.C. 415(b)(3)) is amended-- (A) in subparagraph (A), by striking ``subparagraph (B)'' and inserting ``subparagraph (C)'' and by inserting ``and determination of basic average indexed monthly income'' after ``paragraph (2)''; (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following new subparagraph: ``(B) For purposes of determining under paragraph (1)(B) an individual's surplus average indexed monthly earnings, the individual's surplus earnings for a benefit computation year shall be deemed to be equal to the product of-- ``(i) the individual's surplus earnings for such year (as determined under clause (ii) of paragraph (1)(B) without regard to this subparagraph), and ``(ii) the quotient described in subparagraph (A)(ii).''. (c) Conforming Amendments.-- (1) Paragraphs (3)(A)(ii) and (6)(A) of section 203(a) of such Act (42 U.S.C. 403(a)) are each amended by inserting ``basic'' before ``average indexed monthly earnings''. (2) Subsections (b) and (c) of section 212 of such Act (42 U.S.C. 412) are each amended by striking ``average indexed monthly earnings'' and inserting ``basic average indexed monthly earnings, surplus average indexed monthly earnings''. (d) Effective Date.--The amendments made by this section shall apply with respect to individuals who initially become eligible (within the meaning of section 215(a)(3)(B) of the Social Security Act (42 U.S.C. 415(a)(3)(B)) for old-age or disability insurance benefits under title II of the Social Security Act, or who die (before becoming eligible for such benefits), in any calendar year after 2014.

Fair Raises for Seniors Act - Directs the Bureau of Labor Statistics (BLS) of the Department of Labor to publish for each calendar month a Consumer Price Index for Elderly Consumers (CPI-E) that indicates the average change over time in the prices paid by individuals in the United States who are age 62 and older for a market basket of consumer goods and services. Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to make the CPI-E the applicable Consumer Price Index (CPI) for computation of cost-of-living increases in OASDI benefits for such individuals. Amends the Internal Revenue Code to exclude from wages for purposes of employment and self-employment taxes (under the Federal Insurance Contributions Act [FICA] for OASDI insurance): (1) any remuneration up to $250,000 of the amount of the contribution and benefit base, and (2) only so much of that remuneration that is less than $250,000. Amends SSA title II to include 1% or $1,000 (whichever is less) of surplus average indexed monthly earnings in the determination of primary OASDI amounts.

{"src": "billsum_train", "title": "Fair Raises for Seniors Act"}

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 enactment and before December 31, 2000; ``(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 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''.

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 the 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 the 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 before December 31, 2000; (2) consists solely of federally owned lands; and (3) is subject to a management plan 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 President 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.

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

SECTION 1. INFORMATION SHARING. (a) Purposes.--The purposes of this section are-- (1) to establish continuing liaison and to provide for supply chain security cooperation between Department of Homeland Security and the private sector; and (2) to provide for regular and timely interchange of information between the private sector and the Department concerning developments and security risks in the supply chain environment. (b) Secure System.--Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security shall develop a secure electronic data interchange system to collect from and share appropriate risk information related to securing the supply chain with the private sector entities determined appropriate by the Secretary. (c) Consultation.--In developing the system under subsection (b), the Secretary shall consult with the Commercial Operations Advisory Committee and a broad range of public and private sector entities likely to utilize the system, including importers, exporters, carriers, customs brokers, and freight forwarders, among other parties. (d) Procedures.--The Secretary shall establish uniform procedures for the receipt, care, and storage of supply chain security information that is voluntarily submitted to the Department through the system developed under subsection (b). (e) Limitations.--The voluntary information collected through the system developed under subsection (b) shall be used exclusively for ensuring security and shall not be used for determining entry or for any other commercial enforcement purpose. The voluntary information submitted to the Department through the system developed under subsection (b) shall not be construed to constitute compliance with any requirement to submit such information to a Federal agency under any other provision of law. (f) Participants.--The Secretary shall develop protocols for determining appropriate private sector personnel who shall have access to the system developed under subsection (b). Such personnel shall include designated security officers within companies that are determined to be low risk through participation in the Customs-Trade Partnership Against Terrorism program administered by U.S. Customs and Border Protection. (g) Confidentiality.--Notwithstanding any other provision of law, information that is voluntarily submitted by the private sector to the Department through the system developed under subsection (b)-- (1) shall be exempt from disclosure under section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act); (2) shall not, without the written consent of the person or entity submitting such information, be used directly by the Department or a third party, in any civil action arising under Federal or State law if such information is submitted in good faith; and (3) shall not, without the written consent of the person or entity submitting such information, be used or disclosed by any officer or employee of the United States for purposes other than the purposes of this section, except-- (A) in furtherance of an investigation or other prosecution of a criminal act; or (B) when disclosure of the information would be-- (i) to either House of Congress, or to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee thereof or subcommittee of any such joint committee; or (ii) to the Comptroller General, or any authorized representative of the Comptroller General, in the course of the performance of the duties of the Comptroller General. (h) Independently Obtained Information.--Nothing in this section shall be construed to limit or otherwise affect the ability of a Federal, State, or local, government entity, under applicable law, to obtain supply chain security information, including any information lawfully and properly disclosed generally or broadly to the public and to use such information in any manner permitted by law. (i) Penalties.--Whoever, being an officer or employee of the United States or of any department or agency thereof, knowingly publishes, divulges, discloses, or makes known in any manner or to any extent not authorized by law, any supply chain security information protected in this section from disclosure, shall be fined under title 18, United States Code, imprisoned not more than 1 year, or both, and shall be removed from office or employment. (j) Authority to Issue Warnings.--The Secretary may provide advisories, alerts, and warnings to relevant companies, targeted sectors, other governmental entities, or the general public regarding potential risks to the supply chain as appropriate. In issuing a warning, the Secretary shall take appropriate actions to protect from disclosure-- (1) the source of any voluntarily submitted supply chain security information that forms the basis for the warning; and (2) information that is proprietary, business sensitive, relates specifically to the submitting person or entity, or is otherwise not appropriately in the public domain. (k) Definitions.--In this section: (1) Department.--The term ``Department'' means the Department of Homeland Security. (2) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security.

Directs the Secretary of Homeland Security to: (1) develop a secure electronic data interchange system to collect from and share risk information related to securing the supply chain with appropriate private sector entities; (2) establish uniform procedures for the receipt, care, and storage of supply chain security information that is voluntarily submitted to the Department of Homeland Security (DHS) through the system; and (3) develop protocols for determining appropriate private sector personnel who shall have access to the system, including designated security officers within companies determined to be low risk through participation in the U.S. Customs and Border Protection's Customs-Trade Partnership Against Terrorism program. Restricts the use and disclosure of such voluntarily submitted information and sets penalties for unauthorized disclosure by federal officers or employees. Authorizes the Secretary to provide warnings to relevant companies, targeted sectors, other governmental entities, or the general public regarding potential risks to the supply chain.

{"src": "billsum_train", "title": "To provide for supply chain security cooperation between Department of Homeland Security and the private sector, and for other purposes."}

SECTION 1. CREDIT FOR FIRST-TIME HOMEBUYERS. (a) In General.--Subpart A of part IV of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 22 the following new section: ``SEC. 23. PURCHASE OF PRINCIPAL RESIDENCE BY FIRST-TIME HOMEBUYER. ``(a) Allowance of Credit.--If an individual who is a first-time homebuyer purchases a principal residence (within the meaning of section 1034), there shall be allowed to such individual as a credit against the tax imposed by this subtitle an amount equal to 10 percent of the purchase price of the principal residence. ``(b) Limitations.-- ``(1) Maximum credit.--The credit allowed under subsection (a) shall not exceed $2,500. ``(2) Limitation to one residence.--The credit under this section shall be allowed with respect to only one residence of the taxpayer. ``(3) Married individuals filing jointly.--In the case of a husband and wife who file a joint return under section 6013, the credit under this section is allowable only if both the husband and wife are first-time homebuyers, and the amount specified under paragraph (1) shall apply to the joint return. ``(4) Other taxpayers.--In the case of individuals to whom paragraph (3) does not apply who together purchase the same new principal residence for use as their principal residence, the credit under this section is allowable only if each of the individuals is a first-time homebuyer, and the sum of the amount of credit allowed to such individuals shall not exceed the lesser of $2,500 or 10 percent of the total purchase price of the residence. The amount of any credit allowable under this section shall be apportioned among such individuals under regulations to be prescribed by the Secretary. ``(5) Application with other credits.-- ``(A) General rule.--The credit allowed by subsection (a) for any taxable year shall not exceed the amount of the tax imposed by this chapter for the taxable year, reduced by the sum of any other credits allowable under this chapter. ``(B) Carryforward of unused credits.--Any credit that is not allowed for the taxable year solely by reason of subparagraph (A) shall be carried forward to the succeeding taxable year and allowed as a credit for that taxable year. However, the credit shall not be carried forward more than 5 taxable years after the taxable year in which the residence is purchased. ``(6) Year for which credit allowed.--Fifty percent of the credit allowed by subsection (a) shall be allowed in the taxable year in which the residence is purchased and the remaining fifty percent of the credit shall be allowed in the succeeding taxable year. ``(c) Definitions and Special Rules.--For purposes of this section-- ``(1) Purchase price.--The term `purchase price' means the adjusted basis of the principal residence on the date of the acquisition thereof. ``(2) First-time homebuyer.-- ``(A) In general.--The term `first-time homebuyer' means any individual if such individual has not had a present ownership interest in any residence (including an interest in a housing cooperative) at any time within the 36-month period ending on the date of acquisition of the residence on which the credit allowed under subsection (a) is to be claimed. An interest in a partnership, S corporation, or trust that owns an interest in a residence is not considered an interest in a residence for purposes of this paragraph except as may be provided in regulations. ``(B) Certain individuals.--Notwithstanding subparagraph (A), an individual is not a first-time homebuyer on the date of purchase of a residence if on that date the running of any period of time specified in section 1034 is suspended under subsection (h) or (k) of section 1034 with respect to that individual. ``(3) Special rules for certain acquisitions.--No credit is allowable under this section if-- ``(A) the residence is acquired from a person whose relationship to the person acquiring it would result in the disallowance of losses under section 267 or 707(b), or ``(B) the basis of the residence in the hands of the person acquiring it is determined-- ``(i) in whole or in part by reference to the adjusted basis of such residence in the hands of the person from whom it is acquired, or ``(ii) under section 1014(a) (relating to property acquired from a decedent). ``(d) Recapture for Certain Dispositions.-- ``(1) In general.--Except as provided in paragraphs (2) and (3), if the taxpayer disposes of property with respect to the purchase of which a credit was allowed under subsection (a) at any time within 36 months after the date the taxpayer acquired the property as his principal residence, then the tax imposed under this chapter for the taxable year in which the disposition occurs is increased by an amount equal to the amount allowed as a credit for the purchase of such property. ``(2) Acquisition of new residence.--If, in connection with a disposition described in paragraph (1) and within the applicable period prescribed in section 1034, the taxpayer purchases a new principal residence, then the provisions of paragraph (1) shall not apply and the tax imposed by this chapter for the taxable year in which the new principal residence is purchased is increased to the extent the amount of the credit that could be claimed under this section on the purchase of the new residence (determined without regard to subsection (e)) is less than the amount of credit claimed by the taxpayer under this section. ``(3) Death of owner; casualty loss; involuntary conversion; etc.--The provisions of paragraph (1) do not apply to-- ``(A) a disposition of a residence made on account of the death of any individual having a legal or equitable interest therein occurring during the 36- month period to which reference is made under paragraph (1), ``(B) a disposition of the old residence if it is substantially or completely destroyed by a casualty described in section 165(c)(3) or compulsorily or involuntarily converted (within the meaning of section 1033(a)), or ``(C) a disposition pursuant to a settlement in a divorce or legal separation proceeding where the residence is sold or the other spouse retains the residence as a principal residence. ``(e) Property to Which Section Applies.-- ``(1) In general.--The provisions of this section apply to a principal residence if-- ``(A) the taxpayer acquires the residence during 1993, or ``(B) the taxpayer enters into a binding contract during 1993 to acquire the residence, and acquires and occupies the residence before July 1, 1994.'' (b) Clerical Amendment.--The table of sections for subpart A of part IV of chapter 1 of such Code is amended by inserting after section 22 the following new item: ``Sec. 23. Purchase of principal residence by first-time homebuyer.'' (c) Effective Date.--The amendments made by this section are effective on January 1, 1993.

Amends the Internal Revenue Code to allow a first-time homebuyer who purchases a principal residence a tax credit of ten percent of the purchase price of such residence. Limits the credit to $2,500. Requires married individuals filing jointly to both be first-time buyers. Allows the use of 50 percent of the credit in the first taxable year in which the residence is purchased and the remaining 50 percent in the succeeding taxable year. Makes this credit applicable to residences acquired during 1993 and before July 1, 1994.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a credit against income tax for the purchase of a principle residence by a first-time homebuyer."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Opportunity Passport Act of 2002''. SEC. 2. OPPORTUNITY PASSPORTS. Section 105(a)(3) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106(a)(3)) is amended by adding at the end the following: ``(D) Opportunity passports and other assistance.-- ``(i) Grants.--The Secretary may make grants to partnerships of public agencies or private nonprofit organizations in not more than 10 States to assist the partnerships in developing and implementing methods of providing long- and short-term financial security for youth in foster care and youth aging out of foster care. ``(ii) Use of funds.-- ``(I) In general.--A partnership that receives a grant under clause (i) shall use the funds made available through the grant to carry out 1 or more of the activities described in clauses (ii) through (v). ``(II) Opportunity passports.--The partnership may use the funds to develop and provide, for youth aging out of foster care, electronic opportunity passports, such as electronic cards or secure Internet databases that contain vital information, such as medical records, legal identification (analogous to a Social Security card or birth certificate), and school transcripts, to ensure that the youth can carry or readily access the vital information. ``(III) Individual development accounts.--The partnership may use the funds to establish and provide individual development accounts, to assist youth aging out of foster care to obtain postsecondary education, purchase a house, pay for medical care, operate a business, or purchase a car. In establishing and providing such an account, the partnership shall provide a small amount of seed money and shall require the account holder to attend money management training before receiving access to the account. ``(IV) Debit accounts for short- term use.--The partnership may use the funds to establish and provide debit accounts, to assist youth aging out of foster care for short periods by enabling the youth to build credit histories and purchase essential items such as work uniforms and car insurance, in order to assist the youth in becoming self-sufficient. In establishing and providing such an account, the partnership shall provide a small amount of seed money and shall require the account holder to attend money management training before receiving access to the account. ``(V) Assistance from youth leadership boards and community partners.--The partnership may use the funds to establish a youth leadership board and provide assistance through the board, or to provide assistance through members of the partnership, to enable youth in foster care to negotiate agreements, obtain expedited access to education and training programs, obtain pre-approval for student loans or other student financial assistance, and become entrepreneurs. ``(iii) Definition.--In this subparagraph, the term `youth aging out of foster care' means children who are-- ``(A) leaving foster care because such children have attained the maximum age for foster care eligibility in a State; and ``(B) transitioning to independent living, as determined by the Secretary.''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. Section 112 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106h) is amended-- (1) by redesignating subsection (b) as subsection (c); (2) in subsection (a)(1), by inserting ``(other than section 105(a)(3)(D))'' after ``title''; and (3) by inserting after subsection (a) the following: ``(b) Opportunity Passports.--There are authorized to be appropriated to carry out section 105(a)(3)(D) $10,000,000 for fiscal year 2003 and such sums as may be necessary for each subsequent fiscal year.''.

Opportunity Passport Act of 2002 - Authorizes the Secretary of Health and Human Services to make grants to assist partnerships of public agencies or private nonprofit organizations in developing and implementing methods of providing financial security for youth in foster care and for youth aging out of foster care, including: (1) electronic opportunity passports, such as electronic cards or secure Internet databases containing vital information about medical records, legal identification, and school transcripts; (2) individual development accounts for educational, housing, medical, business, or automobile expenses; (3) debit accounts for short-term use to build credit histories and purchase essential items; and (4) youth leadership boards providing assistance to enable such youth to negotiate agreements, obtain expedited access to education and training programs, obtain pre-approval for student loans or other student financial assistance, and become entrepreneurs.

{"src": "billsum_train", "title": "A bill to amend the Child Abuse Prevention and Treatment Act to provide for opportunity passports and other assistance for youth in foster care and youth aging out of foster care."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Technology and Research Accelerating National Security and Future Economic Resiliency Act of 2013'' or the ``TRANSFER Act of 2013''. SEC. 2. INNOVATIVE APPROACHES TO TECHNOLOGY TRANSFER. Section 9(jj) of the Small Business Act (15 U.S.C. 638(jj)) is amended to read as follows: ``(jj) Innovative Approaches to Technology Transfer.-- ``(1) Grant program.-- ``(A) In general.--Each Federal agency required by subsection (n) to establish an STTR program shall carry out a grant program to support innovative approaches to technology transfer at institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)), nonprofit research institutions and Federal laboratories in order to accelerate the commercialization of federally funded research and technology by small business concerns, including new businesses. ``(B) Awarding of grants and awards.-- ``(i) In general.--Each Federal agency required by subparagraph (A) to participate in this program, shall award, through a competitive, merit-based process, grants, in the amounts listed in subparagraph (C) to institutions of higher education, technology transfer organizations that facilitate the commercialization of technologies developed by one or more such institutions of higher education, Federal laboratories, other public and private nonprofit entities, and consortia thereof, for initiatives that help identify high-quality, commercially viable federally funded research and technologies and to facilitate and accelerate their transfer into the marketplace. ``(ii) Use of funds.--Activities supported by grants under this subsection may include-- ``(I) providing early-stage proof of concept funding for translational research; ``(II) identifying research and technologies at recipient institutions that have the potential for accelerated commercialization; ``(III) technology maturation funding to support activities such as prototype construction, experiment analysis, product comparison, and collecting performance data; ``(IV) technical validations, market research, clarifying intellectual property rights position and strategy, and investigating commercial and business opportunities; and ``(V) programs to provide advice, mentoring, entrepreneurial education, project management, and technology and business development expertise to innovators and recipients of technology transfer licenses to maximize commercialization potential. ``(iii) Selection process and applications.--Qualifying institutions seeking a grant under this subsection shall submit an application to a Federal agency required by subparagraph (A) to participate in this program at such time, in such manner, and containing such information as the agency may require. The application shall include, at a minimum-- ``(I) a description of innovative approaches to technology transfer, technology development, and commercial readiness that have the potential to increase or accelerate technology transfer outcomes and can be adopted by other qualifying institutions, or a demonstration of proven technology transfer and commercialization strategies, or a plan to implement proven technology transfer and commercialization strategies, that can achieve greater commercialization of federally funded research and technologies with program funding; ``(II) a description of how the qualifying institution will contribute to local and regional economic development efforts; and ``(III) a plan for sustainability beyond the duration of the funding award. ``(iv) Program oversight boards.-- ``(I) In general.--Successful proposals shall include a plan to assemble a Program Oversight Board, the members of which shall have technical, scientific, or business expertise and shall be drawn from industry, start-up companies, venture capital, technical enterprises, financial institutions, and business development organizations. ``(II) Program oversight boards responsibilities.--Program Oversight Boards shall-- ``(aa) establish award programs for individual projects; ``(bb) provide rigorous evaluation of project applications; ``(cc) determine which projects should receive awards, in accordance with guidelines established under subparagraph (C)(ii); ``(dd) establish milestones and associated award amounts for projects that reach milestones; ``(ee) determine whether awarded projects are reaching milestones; and ``(ff) develop a process to reallocate outstanding award amounts from projects that are not reaching milestones to other projects with more potential. ``(C) Grant and award amounts.-- ``(i) Grant amounts.--Each Federal agency required by subparagraph (A) to carry out a grant program may make grants to a qualifying institution for up to $1,000,000 per year for up to 3 years. ``(ii) Award amounts.--Each qualifying institution that receives a grant under subparagraph (B) shall provide awards for individual projects of not more than $150,000, to be provided in phased amounts, based on reaching the milestones established by the qualifying institution's Program Oversight Board. ``(D) Authorized expenditures for innovative approaches to technology transfer grant program.-- ``(i) Percentage.--The percentage of the extramural budget each Federal agency required by subsection (n) to establish an STTR program shall expend on the Innovative Approaches to Technology Transfer Grant Program shall be-- ``(I) 0.05 percent for each of fiscal years 2014 and 2015; and ``(II) 0.1 percent for each of fiscal years 2016 and 2017. ``(ii) Treatment of expenditures.--Any portion of the extramural budget expended by a Federal agency on the Innovative Approaches to Technology Transfer Grant Program shall apply towards the agency's expenditure requirements under subsection (n). ``(2) Program evaluation and data collection and dissemination.-- ``(A) Evaluation plan and data collection.--Each Federal agency required by paragraph (1)(A) to establish an Innovative Approaches to Technology Transfer Grant Program shall develop a program evaluation plan and collect annually such information from grantees as is necessary to assess the Program. Program evaluation plans shall require the collection of data aimed at identifying outcomes resulting from the transfer of technology with assistance from the Innovative Approaches to Technology Transfer Grant Program, such as-- ``(i) specific follow-on funding identified or obtained, including follow-on funding sources, such as Federal sources or private sources; ``(ii) number of projects which result in a license to a start-up company or an established company with sufficient resources for effective commercialization within 5 years of receiving an award under paragraph (1); ``(iii) invention disclosures and patents; ``(iv) number of projects supported by qualifying institutions receiving a grant under paragraph (1) that secure Phase I or Phase II SBIR or STTR awards; ``(v) available information on revenue, sales or other measures of products that have been commercialized as a result of projects awarded under paragraph (1); ``(vi) number and location of jobs created resulting from projects awarded under paragraph (1); and ``(vii) other data as deemed appropriate by a Federal agency required by this subparagraph to develop a program evaluation plan. ``(B) Evaluative report to congress.--The head of each Federal agency that participates in the Innovative Approaches to Technology Transfer Grant Program shall submit to the Committee on Science, Space, and Technology and the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate an evaluative report regarding the activities of the program. The report shall include-- ``(i) a detailed description of the implementation of the program; ``(ii) a detailed description of the grantee selection process; ``(iii) an accounting of the funds used in the program; and ``(iv) a summary of the data collected under subparagraph (A). ``(C) Data dissemination.--For the purposes of program transparency and dissemination of best practices, the Administrator shall include on the public database under subsection (k)(1) information on the Innovative Approaches to Technology Transfer Grant Program, including-- ``(i) the program evaluation plan required under subparagraph (A); ``(ii) a list of recipients of awards under paragraph (1); and ``(iii) information on the use of grants under paragraph (1) by recipient institutions.''.

Technology and Research Accelerating National Security and Future Economic Resiliency Act of 2013 or the TRANSFER Act of 2013 - Amends the Small Business Act to replace provisions requiring the Director of the National Institutes of Health to use funds for a Proof of Concept Partnership pilot program to accelerate the creation of small businesses and the commercialization of research innovations made by certain institutions with provisions directing each federal agency required to establish a small business technology transfer (STTR) program to carry out an Innovative Approaches to Technology Transfer Grant Program to support innovative approaches to technology transfer at institutions of higher education, nonprofit research institutions, and federal laboratories in order to accelerate the commercialization of federally funded research and technology by small businesses. Outlines activities eligible for funding, application requirements, and award procedures and amounts. Requires successful grant proposals to include a plan to assemble a program oversight board to establish award programs for individual projects and evaluate project applications. Provides the percentage of each agency's extramural budget to be expended on such Program for FY2014-FY2017. Directs each agency to: (1) develop a Program evaluation plan and collect information from grantees annually to evaluate the Program, and (2) submit a Program activities report to specified congressional committees. Requires the Administrator of the Small Business Administration (SBA) to include information on the Program on the public database of small businesses participating in STTR or Small Business Innovation Research programs.

{"src": "billsum_train", "title": "TRANSFER Act of 2013"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Council on Integration of Health Care Education Act of 2010''. SEC. 2. DEFINITIONS. In this Act: (1) Behavioral health provider.--The term ``behavioral health provider''-- (A) means an individual who provides clinical care (in accordance with applicable State law) specializing in the diagnosis or treatment of behavioral health, including such an individual specializing in substance use, addiction, and dependence disorders; and (B) includes a psychiatrist, nurse practitioner (as defined in section 1861(aa)(5)(A) of the Social Security Act), physician assistant (as defined in section 1861(aa)(5)(A) of such Act), clinical psychologist (as used in section 1861(ii) of such Act), clinical social worker (as defined in section 1861(hh) of such Act), psychiatric nurse, licensed professional counselor, marriage and family therapist, pastoral counselor, psychosocial rehabilitation specialist, and any other individual determined to be appropriate by the Secretary. (2) Council.--The term ``Council'' means the Council on Integration of Health Care Education. (3) Health care professional.--The term ``health care professional''-- (A) means an individual who provides clinical health care (in accordance with applicable State law) other than a behavioral health provider; and (B) includes (other than a behavioral health provider) a physician (as defined in section 1861(r) of the Social Security Act), nurse practitioner (as defined in section 1861(aa)(5)(A) of the Social Security Act), physician assistant (as defined in section 1861(aa)(5)(A) of the Social Security Act), clinical nurse specialist (as defined in section 1861(aa)(5)(B) of the Social Security Act), certified nurse-midwife (as defined in section 1861(gg) of the Social Security Act), and any other individual determined to be appropriate by the Secretary. (4) Institution of higher education.--The term ``institution of higher education'' has the same meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 3. COUNCIL ON INTEGRATION OF HEALTH CARE EDUCATION. (a) Establishment.--There is established in the Office of the Secretary the Council on Integration of Health Care Education. (b) Recommendations.--The Council shall develop and publish not later than 1 year after the date of the enactment of this section, and may periodically revise as appropriate thereafter, recommendations for the purpose of strengthening the capacity of health care professionals and behavioral health providers to deliver integrated, comprehensive health care. The recommendations shall identify-- (1) the core competencies to be required of each type of health care professional and behavioral health provider with respect to mental health and substance use prevention and treatment services in order to carry out their respective scope of practice; (2) the appropriate methods for incorporating such competencies into the curricula of institutions of higher education, and of continuing education, for health care professionals and behavioral health providers; (3) the appropriate methods for incorporating such competencies into the licensure and certification requirements for health care professionals and behavioral health providers; and (4) the appropriate methods for incorporating such competencies into the accreditation process for institutions of higher education providing terminal education for health care professionals and behavioral health providers. (c) Reporting.-- (1) By the council.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Council shall submit to the Secretary and the appropriate committees of the Congress, and to the Council on Graduate Medical Education when appropriate, and make publicly available, a report on the recommendations under subsection (b) and the implementation of such recommendations. Each such report shall include-- (A) a description of current and future needs related to the successful integration core competencies for mental health and substance use disorders into health care professional and behavioral health provider education and education curricula beyond medical education; (B) an identification of goals, outcome measures, and timeframes for addressing the needs described in subparagraph (A); (C) a detailed plan for implementing the recommendations under subsection (b); and (D) an evaluation of the extent to which such plan has been implemented. (2) By the secretary.--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 Congress on the activities of the Council. (d) Members.-- (1) Composition; voting; chair.--The Council shall be composed of the ex officio members specified in paragraph (2) and the members appointed under paragraph (3). All of the members of the Council shall be voting members. The Council shall elect a chair from among its members. (2) Ex officio members.--The Council shall include the following ex officio members (or their designees)-- (A) the Secretary; (B) the Administrator of the Health Resources and Services Administration; (C) the Administrator of the Centers for Medicare & Medicaid Services; (D) the Administrator of the Substance Abuse and Mental Health Services Administration; and (E) the Director of the Office of National Drug Control Policy. (3) Appointed members.-- (A) In general.--The Council shall include members to be appointed by the Secretary (in consultation with the other ex officio members of the Council and without regard to the civil service laws) who are not employees of the Federal Government. The Secretary shall appoint a sufficient number of members under this subparagraph to ensure that the Council is composed of not less than 20 members, including both ex officio members under paragraph (2) and members appointed under this paragraph. (B) Other selection criteria.--In appointing members of the Council under this paragraph, the Secretary shall ensure-- (i) inclusion of both urban and rural members; (ii) adequate representation of men and women; (iii) a range of members from a variety of practice settings and having expertise in prevention and treatment across the lifespan; (iv) adequate representation of racial, ethnic, religious, and economic diversity; (v) an equal distribution of the members appointed under subparagraph (A) between those specializing in mental health services and those specializing in substance use disorders; (vi) diverse representation from addition and psychiatry specialty sectors; (vii) diverse representation of allopathic and osteopathic physicians; (viii) adequate representation of health care professionals and behavioral health providers who provide direct patient care to individuals with co-occurring mental health or substance use disorders and physical health conditions; (ix) adequate representation of health care and behavioral health (including substance use) faculty who have demonstrated expertise in curriculum development; and (x) inclusion of a health or behavioral health (including substance use) consumer. (C) Terms.-- (i) In general.--Subject to subparagraph (D)(ii), each member of the Council under this paragraph shall be appointed for a term of 4 years. (ii) Vacancies.--Any member of the Council appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office. (D) Initial members.-- (i) Appointment.--The Secretary shall appoint the initial members of the Council under this paragraph not less than 90 days after the date of the enactment of this Act. (ii) Terms.--As designated by the Secretary at the time of appointment, of the initial members of the Council under this paragraph, \1/4\ shall be appointed for terms of 1 year, \1/4\ shall be appointed for terms of 2 years, \1/4\ shall be appointed for terms of 3 years, and \1/4\ shall be appointed for terms of 4 years. (e) Staff.--The Secretary shall provide the Council with such professional and clerical staff, such information, and the services of such consultants as may be necessary to assist the Council in carrying out effectively its functions under this section. (f) Administration.-- (1) Travel expenses.--Members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code, while away from their homes or regular places of business in performance of services for the Council. (2) Other resources.--The Council shall have reasonable access to materials, resources, statistical data, and other information such Council determines to be necessary to carry out its duties from agencies of the executive and legislative branches of the Federal Government. The chair of the Council shall make requests for such access in writing when necessary. (3) Prohibition against compensation of federal employees.--Members of the Council who are officers or employees of the Federal Government shall not receive additional pay, allowances, or benefits by reason of their service on the Council. (g) Meetings.--The Council shall conduct at least 3 meetings each year. (h) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2011 through 2016. SEC. 4. IMPLEMENTATION OF RECOMMENDATIONS OF THE COUNCIL. (a) Health Care and Behavioral Health Workforce Continuing Education.-- (1) In general.--Beginning 1 year after submission of the first report of the Council under section 3(c)(1), the Secretary may make grants, contracts, or cooperative agreements to public or private nonprofit entities for the purpose of implementing the recommendations of the Council on continuing education for health care professionals and behavioral health providers. (2) Eligibility.--To receive a grant, contract, or cooperative agreement under this subsection, a public or private nonprofit entity shall demonstrate expertise in providing continuing education for health care professionals and behavioral health providers. (3) Priority.--In awarding grants, contracts, and cooperative agreements under this subsection, the Secretary shall give priority to entities that propose to implement continuing education-- (A) in interdisciplinary settings; or (B) in collaboration with a diverse representation of health care professionals and behavioral health providers who have no direct affiliation with the receiving entity as determined by the Secretary. (4) Geographic distribution.--The Secretary shall ensure that grants, contracts, and cooperative agreements under this subsection are awarded to entities throughout the United States to ensure the availability of continuing education in mental health and substance abuse prevention and treatment services. (5) Duration of awards.--The period of a grant, contract, or cooperative agreement under this subsection shall not exceed 3 years. (6) Authorization of appropriations.--There are authorized to be appropriated $5,000,000 for fiscal year 2012 and such sums as may be necessary for each of fiscal years 2013 through 2016. (b) Health Care and Behavioral Health Workforce Education Curricula.-- (1) In general.--The Secretary shall make grants, contracts, or cooperative agreements to public or nonprofit private institutions of higher education for the purpose of implementing the recommendations of the Council on education curricula for health care professionals and behavioral health providers. (2) Priority.--In awarding grants, contracts, and cooperative agreements under this subsection, the Secretary shall give priority to applicants that demonstrate willingness-- (A) to integrate the recommendations of the Council on curricula across academic disciplines; (B) to coordinate the use of Federal and non- Federal resources for purposes of such integration; or (C) to incorporate other evidence-based recommendations that further the integration of behavioral health in health care. (3) Geographic distribution.--The Secretary shall ensure that grants, contracts, and cooperative agreements under this subsection are awarded to institutions of higher education throughout the United States to ensure the availability and improvement of education curricula for health care professionals and behavioral health providers. (4) Duration of awards.--The period of a grant, contract, or cooperative agreement under this subsection shall not exceed 3 years. (5) Authorization of appropriations.--There are authorized to be appropriated $5,000,000 for fiscal year 2012 and such sums as may be necessary for each of fiscal years 2013 through 2016.

Council on Integration of Health Care Education Act of 2010 - Establishes the Council on Integration of Health Care Education in the Office of the Secretary in the Department of Health and Human Services (HHS) to develop recommendations for the purpose of strengthening the capacity of health care professionals and behavioral health providers to deliver integrated, comprehensive health care. Requires such recommendations to identify: (1) the core competencies to be required of each type of health care professional and behavioral health provider with respect to mental health and substance use prevention and treatment services; and (2) the appropriate methods for incorporating such competencies into the curricula of institutions of higher education and of continuing education, the licensure and certification requirements for health care professionals and behavioral health providers, and the accreditation process for institutions of higher education providing terminal education for health care professionals and behavioral health providers. Authorizes the Secretary to make grants, contracts, or cooperative agreements to public or private nonprofit entities for the purpose of implementing the recommendations of the Council on continuing education for health care professionals and behavioral health providers. Requires the Secretary to make grants, contracts, or cooperative agreements to public or nonprofit private institutions of higher education for the purpose of implementing the recommendations of the Council on education curricula for health care professionals and behavioral health providers.

{"src": "billsum_train", "title": "To establish a Council on Integration of Health Care Education, to provide for implementation of the recommendations of the Council, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Electric Consumer Choice Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) the opportunity for all consumers to purchase electric energy in interstate commerce from the supplier of choice is essential to a dynamic, fully integrated and competitive national market for electric energy; (2) the establishment, maintenance or enforcement of exclusive rights to sell electric energy and other State action which unduly discriminates against any consumer who seeks to purchase electric energy in interstate commerce from the supplier of its choice constitutes an unwarranted and unacceptable discrimination against and burden on interstate commerce; (3) in today's technologically driven marketplace there is no justification for the discrimination against and burden imposed on interstate commerce by exclusive rights to sell electric energy or other State action which unduly discriminates against any consumer who seeks to purchase electric energy in interstate commerce from the supplier of its choice; and (4) the electric energy transmission and local distribution facilities of all of the Nation's utilities are essential facilities for the conduct of a competitive interstate retail market in electric energy in which all consumers have the opportunity to purchase electric energy in interstate commerce from the supplier of their choice. SEC. 3. DECLARATION OF PURPOSE. The purpose of this act is to ensure that nothing in the Federal Power Act or any other Federal law exempts or protects from Article I, Section 8, Clause 3 of the Constitution of the United States exclusive rights to sell electric energy or any other State actions which unduly discriminate against any consumer who seeks to purchase electric energy in interstate commerce from the supplier of its choice. SEC. 4. SCOPE OF STATE AUTHORITY UNDER THE FEDERAL POWER ACT. Section 201 of the Federal Power Act (16 U.S.C. 824) is amended by adding at the end the following-- ``(h) Notwithstanding any other provision of this section, nothing in this Part or any other federal law shall be construed to authorize a State to-- ``(1) establish, maintain, or enforce on behalf of any electric utility an exclusive right to sell electric energy; or, ``(2) otherwise unduly discriminate against any consumer who seeks to purchase electric energy in interstate commerce from any supplier.''. SEC. 5. ACCESS TO TRANSMISSION AND LOCAL DISTRIBUTION FACILITIES. No supplier of electric energy, who would otherwise have a right of access to a transmission or local distribution facility because such facility is an essential facility for the conduct of interstate commerce in electric energy, shall be denied access to such facility or precluded from engaging in the retail sale of electric energy on the grounds that such denial or preclusion is authorized or required by State action establishing, maintaining, or enforcing an exclusive right to sell, transmit, or locally distribute electric energy. SEC. 6. STATE AUTHORITY TO IMPOSE RECIPROCITY REQUIREMENTS. Part II of the Federal Power Act (16 U.S.C. 824) is amended by adding at the end the following: ``SEC. 215. STATE AUTHORITY TO IMPOSE RECIPROCITY REQUIREMENTS. ``A State or state commission may prohibit an electric utility from selling electric energy to an ultimate consumer in such State if such electric utility or any of its affiliates owns or controls transmission or local distribution facilities and is not itself providing unbundled local distribution service in a State in which such electric utility owns or operates a facility used for the generation of electric energy.''. SEC. 7. REPEAL OF THE PUBLIC UTILITY HOLDING COMPANY ACT OF 1935. The Public Utility Holding Company Act of 1935 (15 U.S.C. 79a et seq.) is repealed, effective on and after the enactment of this Act. SEC. 8. PROSPECTIVE REPEAL OF SECTION 210 OF THE PUBLIC UTILITY REGULATORY POLICIES ACT OF 1978. (a) New Contracts.--No electric utility shall be required to enter into a new contract or obligation to purchase or to sell electricity or capacity under section 210 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 824a-3). (b) Existing Rights and Remedies.--Nothing in this section affects the rights or remedies of any party with respect to the purchase or sale of electricity or capacity from or to a facility determined to be a qualifying small power production facility or a qualifying cogeneration facility under section 210 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 824a-3) under any contract or obligation to purchase or to sell electricity or capacity in effect on the date of enactment of this Act, including the right to recover the costs of purchasing the electricity or capacity. SEC. 9. SAVINGS CLAUSE. Nothing in this Act shall be construed to-- (1) authorize the Federal Energy Regulatory Commission to regulate retail sales or local distribution of electric energy or otherwise expand the jurisdiction of the Commission, or, (2) limit the authority of a State to regulate retail sales and local distribution of electric energy in a manner consistent with article I, section 8, clause 3 of the Constitution of the United States. SEC. 10. EFFECTIVE DATES. Section 5 and the amendment made by section 4 of this Act take effect on January 1, 2002. The amendment made by section 6 of this Act takes effect on the date of enactment of this Act.

Declares that no supplier of electric energy, who would otherwise have a right of access to a transmission or local distribution facility because such facility is essential for the conduct of interstate commerce in electric energy, shall be denied access to transmission or local distribution facilities or precluded from engaging in electric energy retail sales on the grounds that such denial or preclusion is authorized by State action establishing, maintaining, or enforcing an exclusive right to sell, transmit, or locally distribute electric energy. Authorizes a State or State commission to prohibit an electric utility from selling electric energy to an ultimate consumer in such State if the utility (or any affiliate) owns or controls transmission or local distribution facilities and is not itself providing unbundled local distribution service in a State in which it owns or operates an electricity-generating facility. Repeals the Public Utility Holding Company Act of 1935. Declares that no electric utility shall be required to enter into a new contract or obligation to purchase or to sell electricity or capacity under the Public Utility Regulatory Policies Act of 1978.

{"src": "billsum_train", "title": "Electric Consumer Choice Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Shutdown Prevention Act''. SEC. 2. CONTINUING FUNDING. (a) In General.--If any regular appropriation bill for any fiscal year does not become law prior to the beginning of these fiscal years or a joint resolution making continuing appropriations is not in effect, there is appropriated, out of any moneys in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, such sums as may be necessary to continue any program, project, or activity for which funds were provided in those fiscal years. (b) Level of Funding.--Appropriations and funds made available, and authority granted, for a program, project, or activity for any fiscal year pursuant to this Act shall be at 100 percent of the rate of operations that was provided for the program, project, or activity in fiscal year 1999 in the corresponding regular appropriation Act for fiscal year 1999. (c) Period of Availability.--Appropriations and funds made available, and authority granted, for any fiscal year pursuant to this Act for a program, project, or activity shall be available for the period beginning with the first day of a lapse in appropriations and ending with the earlier of-- (1) the date on which the applicable regular appropriation bill for any fiscal year becomes law (whether or not that law provides for that program, project, or activity) or a continuing resolution making appropriations becomes law, as the case may be; or (2) the last day of any fiscal year. SEC. 3. TERMS AND CONDITIONS. (a) In General.--An appropriation of funds made available, or authority granted, for a program, project, or activity for any fiscal year pursuant to this Act shall be made available to the extent and in the manner which would be provided by the pertinent appropriations Act for fiscal year 1999, including all of the terms and conditions and the apportionment schedule imposed with respect to the appropriation made or funds made available for fiscal year 1999 or authority granted for the program, project, or activity under current law. (b) Extent and Manner.--Appropriations made by this Act shall be available to the extent and in the manner which would be provided by the pertinent appropriations Act. SEC. 4. COVERAGE. Appropriations and funds made available, and authority granted, for any program, project, or activity for any fiscal year pursuant to this Act shall cover all obligations or expenditures incurred for that program, project, or activity during the portion of any fiscal year for which this Act applies to that program, project, or activity. SEC. 5. EXPENDITURES. Expenditures made for a program, project, or activity for any fiscal year pursuant to this Act shall be charged to the applicable appropriation, fund, or authorization whenever a regular appropriation bill or a joint resolution making continuing appropriations until the end of any fiscal year providing for that program, project, or activity for that period becomes law. SEC. 6. INITIATING OR RESUMING A PROGRAM, PROJECT, OR ACTIVITY. No appropriation or funds made available or authority granted pursuant to this Act shall be used to initiate or resume any program, project, or activity for which appropriations, funds, or other authority were not available during fiscal year 1999. SEC. 7. PROTECTION OF OTHER OBLIGATIONS. Nothing in this Act shall be construed to effect Government obligations mandated by other law, including obligations with respect to Social Security, Medicare, Medicaid, and veterans benefits. SEC. 8. DEFINITION. In this Act, the term ``regular appropriation bill'' means any annual appropriation bill making appropriations, otherwise making funds available, or granting authority, for any of the following categories of programs, projects, and activities: (1) Agriculture, rural development, and related agencies programs. (2) The Departments of Commerce, Justice, and State, the judiciary, and related agencies. (3) The Department of Defense. (4) The government of the District of Columbia and other activities chargeable in whole or in part against the revenues of the District. (5) The Departments of Labor, Health and Human Services, and Education, and related agencies. (6) The Departments of Veterans Affairs and Housing and Urban Development, and sundry independent agencies, boards, commissions, corporations, and offices. (7) Energy and water development. (8) Foreign assistance and related programs. (9) The Department of the Interior and related agencies. (10) Military construction. (11) The Department of Transportation and related agencies. (12) The Treasury Department, the U.S. Postal Service, the Executive Office of the President, and certain independent agencies. (13) The legislative branch.

Government Shutdown Prevention Act - Provides for continuing appropriations (at 100 percent of the rate of operations provided for in FY 1999) in the absence of regular appropriations for any fiscal year.

{"src": "billsum_train", "title": "Government Shutdown Prevention Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Salt Cedar and Russian Olive Control Demonstration Act''. SEC. 2. SALT CEDAR AND RUSSIAN OLIVE CONTROL DEMONSTRATION PROGRAM. (a) Establishment.--The Secretary of the Interior (referred to in this Act as the ``Secretary''), acting through the Commissioner of Reclamation and in cooperation with the Secretary of Agriculture and the Secretary of Defense, shall carry out a salt cedar (Tamarix spp) and Russian olive (Elaeagnus angustifolia) assessment and demonstration program-- (1) to assess the extent of the infestation by salt cedar and Russian olive trees in the western United States; (2) to demonstrate strategic solutions for-- (A) the long-term management of salt cedar and Russian olive trees; and (B) the reestablishment of native vegetation; and (3) to assess economic means to dispose of biomass created as a result of removal of salt cedar and Russian olive trees. (b) Assessment.-- (1) In general.--Not later than 1 year after the date on which funds are made available to carry out this Act, the Secretary shall complete an assessment of the extent of salt cedar and Russian olive infestation on public and private land in the western United States. (2) Requirements.--In addition to describing the acreage of and severity of infestation by salt cedar and Russian olive trees in the western United States, the assessment shall-- (A) consider existing research on methods to control salt cedar and Russian olive trees; (B) consider the feasibility of reducing water consumption by salt cedar and Russian olive trees; (C) consider methods of and challenges associated with the revegetation or restoration of infested land; and (D) estimate the costs of destruction of salt cedar and Russian olive trees, related biomass removal, and revegetation or restoration and maintenance of the infested land. (c) Long-Term Management Strategies.-- (1) In general.--The Secretary shall identify and document long-term management and funding strategies that-- (A) could be implemented by Federal, State, and private land managers in addressing infestation by salt cedar and Russian olive trees; and (B) should be tested as components of demonstration projects under subsection (d). (2) Grants.--The Secretary shall provide grants to institutions of higher education to develop public policy expertise in, and assist in developing a long-term strategy to address, infestation by salt cedar and Russian olive trees. (d) Demonstration Projects.-- (1) In general.--Not later than 180 days after the date on which funds are made available to carry out this Act, the Secretary shall establish a program that selects and funds not less than 5 projects proposed by and implemented in collaboration with Federal agencies, units of State and local government, national laboratories, Indian tribes, institutions of higher education, individuals, organizations, or soil and water conservation districts to demonstrate and evaluate the most effective methods of controlling salt cedar and Russian olive trees. (2) Project requirements.--The demonstration projects under paragraph (1) shall-- (A) be carried out over a time period and to a scale designed to fully assess long-term management strategies; (B) implement salt cedar or Russian olive tree control using 1 or more methods for each project in order to assess the full range of control methods, including-- (i) airborne application of herbicides; (ii) mechanical removal; and (iii) biocontrol methods, such as the use of goats or insects; (C) individually or in conjunction with other demonstration projects, assess the effects of and obstacles to combining multiple control methods and determine optimal combinations of control methods; (D) assess soil conditions resulting from salt cedar and Russian olive tree infestation and means to revitalize soils; (E) define and implement appropriate final vegetative states and optimal revegetation methods, with preference for self-maintaining vegetative states and native vegetation, and taking into consideration downstream impacts, wildfire potential, and water savings; (F) identify methods for preventing the regrowth and reintroduction of salt cedar and Russian olive trees; (G) monitor and document any water savings from the control of salt cedar and Russian olive trees, including impacts to both groundwater and surface water; (H) assess wildfire activity and management strategies; (I) assess changes in wildlife habitat; (J) determine conditions under which removal of biomass is appropriate (including optimal methods for the disposal or use of biomass); and (K) assess economic and other impacts associated with control methods and the restoration and maintenance of land. (e) Disposition of Biomass.-- (1) In general.--Not later than 1 year after the date on which funds are made available to carry out this Act, the Secretary, in cooperation with the Secretary of Agriculture, shall complete an analysis of economic means to use or dispose of biomass created as a result of removal of salt cedar and Russian olive trees. (2) Requirements.--The analysis shall-- (A) determine conditions under which removal of biomass is economically viable; (B) consider and build upon existing research by the Department of Agriculture and other agencies on beneficial uses of salt cedar and Russian olive tree fiber; and (C) consider economic development opportunities, including manufacture of wood products using biomass resulting from demonstration projects under subsection (d) as a means of defraying costs of control. (f) Costs.-- (1) In general.--With respect to projects and activities carried out under this Act-- (A) the assessment under subsection (b) shall be carried out at a cost of not more than $4,000,000; (B) the identification and documentation of long- term management strategies under subsection (c) shall be carried out at a cost of not more than $2,000,000; (C) each demonstration project under subsection (d) shall be carried out at a Federal cost of not more than $7,000,000 (including costs of planning, design, implementation, maintenance, and monitoring); and (D) the analysis under subsection (e) shall be carried out at a cost of not more than $3,000,000. (2) Cost-sharing.-- (A) In general.--The assessment under subsection (b), the identification and documentation of long-term management strategies under subsection (c), a demonstration project or portion of a demonstration project under subsection (d) that is carried out on Federal land, and the analysis under subsection (e) shall be carried out at full Federal expense. (B) Demonstration projects carried out on non- federal land.-- (i) In general.--The Federal share of the costs of any demonstration project funded under subsection (d) that is not carried out on Federal land shall not exceed-- (I) 75 percent for each of the first 5 years of the demonstration project; and (II) for the purpose of long-term monitoring, 100 percent for each of such 5-year extensions as the Secretary may grant. (ii) Form of non-federal share.--The non- Federal share of the costs of a demonstration project that is not carried out on Federal land may be provided in the form of in-kind contributions, including services provided by a State agency or any other public or private partner. (g) Cooperation.--In carrying out the assessment under subsection (b), the demonstration projects under subsection (d), and the analysis under subsection (e), the Secretary shall cooperate with and use the expertise of Federal agencies and the other entities specified in subsection (d)(1) that are actively conducting research on or implementing salt cedar and Russian olive tree control activities. (h) Independent Review.--The Secretary shall subject to independent review-- (1) the assessment under subsection (b); (2) the identification and documentation of long-term management strategies under subsection (c); (3) the demonstration projects under subsection (d); and (4) the analysis under subsection (e). (i) Reporting.-- (1) In general.--The Secretary shall submit to Congress an annual report that describes the results of carrying out this Act, including a synopsis of any independent review under subsection (h) and details of the manner and purposes for which funds are expended. (2) Public access.--The Secretary shall facilitate public access to all information that results from carrying out this Act. (j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this Act-- (1) $20,000,000 for fiscal year 2005; and (2) $15,000,000 for each subsequent fiscal year. Passed the Senate May 19, 2004. Attest: Secretary. 108th CONGRESS 2d Session S. 1516 _______________________________________________________________________ AN ACT To further the purposes of the Reclamation Projects Authorization and Adjustment Act of 1992 by directing the Secretary of the Interior, acting through the Commissioner of Reclamation, to carry out an assessment and demonstration program to control salt cedar and Russian olive, and for other purposes.

Salt Cedar Control Demonstration Act - Directs the Secretary of the Interior (the Secretary), acting through the Commissioner of Reclamation and in cooperation with the Secretary of Agriculture and the Secretary of Defense to carry out a salt cedar (Tamarix spp) and Russian olive (Elaeagnus angustifolia) assessment and demonstration program to: (1) assess the extent of the infestation by salt cedar and Russian olive trees in the western United States; (2) to demonstrate strategic solutions for the long-term management of such trees and the reestablishment of native vegetation; and (3) assess economic means to dispose of biomass created as a result of removal of those trees. Requires the Secretary to complete an assessment of the extent of the infestation on public and private land. Provides that, in addition to describing the acreage of and severity of infestation, the assessment shall: (1) consider existing research on methods to control salt cedar and Russian olive trees; (2) consider the feasibility of reducing water consumption by such trees; (3) consider methods of and challenges associated with the revegetation or restoration of infested land; and (4) estimate the costs of destruction of such trees, related biomass removal, and revegetation or restoration and maintenance of the infested land. Instructs the Secretary to identify and document long-term management and funding strategies that could be implemented by Federal, State, and private land managers in addressing the infestation and should be tested as components of the demonstration projects specified below. Directs the Secretary to establish a program that selects and funds at least five projects proposed by and implemented in collaboration with Federal agencies, units of State and local government, national laboratories, Indian tribes, institutions of higher education, individuals, organizations, or soil and water conservation districts to demonstrate and evaluate the most effective methods of controlling salt cedar and Russian olive trees. Lists project requirements and control methods. Directs the Secretary, in cooperation with the Secretary of Agriculture, to complete an analysis of economic means to use or dispose of biomass created as a result of removal of salt cedar and Russian olive trees. Requires such analysis to: (1) determine conditions under which removal of biomass is economically viable; (2) consider and build upon existing research by the Department of Agriculture and other agencies on beneficial uses of salt cedar and Russian olive tree fiber; and (3) consider economic development opportunities, including manufacture of wood products using biomass resulting from the demonstration projects under this Act as a means of defraying costs of control. Sets monetary limits on costs of: (1) the assessment; (2) the identification and documentation of long-term management strategies; (3) the Federal cost of each project (including planning, design, implementation, maintenance, and monitoring costs); and (4) the analysis. Provides for the assessment, the identification and documentation of long-term management strategies, projects or parts of projects that are carried out on Federal land, and the analysis to be carried out at full Federal expense. Limits the Federal cost share of any project funded under this Act that is not carried out on Federal land to: (1) 75 percent for each of the first five years of the project; and (2) for the purpose of long-term monitoring, 100 percent for each of such five-year extensions as the Secretary may grant. Permits the non-Federal share of the costs of such a project to be provided as in-kind contributions, including services provided by a State agency or any other public or private partner. Directs the Secretary to subject the assessment, the identification and documentation of long-term management strategies, the projects, and the analysis to independent review. Requires the Secretary to submit to Congress annual reports describing the results of carrying out this Act, including a synopsis of any such review and details of the manner and purposes for which funds are expended. Instructs the Secretary to facilitate public access to all information that results from carrying out this Act. Authorizes appropriations.

{"src": "billsum_train", "title": "A bill to further the purposes of the Reclamation Projects Authorization and Adjustment Act of 1992 by directing the Secretary of the Interior, acting through the Commissioner of Reclamation, to carry out an assessment and demonstration program to control salt cedar and Russian olive, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Commission on International Religious Freedom Reauthorization Act of 2015''. SEC. 2. SENSE OF CONGRESS. It is the sense of the Congress that the United States Commission on International Religious Freedom-- (1) was created by Congress to independently assess and to accurately and unflinchingly describe threats to religious freedom around the world; and (2) in carrying out its prescribed duties, should use its authorized powers to ensure that efforts by the United States to advance religious freedom abroad are timely, appropriate to the circumstances, prudent, and effective. SEC. 3. EXTENSION OF AUTHORITY. Section 209 of the International Religious Freedom Act of 1998 (22 U.S.C. 6436) is amended by striking ``September 30, 2015'' and inserting ``September 30, 2019''. SEC. 4. STRATEGIC PLAN. (a) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations of the Senate; (B) the Committee on Foreign Affairs of the House of Representatives; (C) the Committee on Appropriations of the Senate; and (D) the Committee on Appropriations of the House of Representatives. (2) Commission.--The term ``Commission'' means the United States Commission on International Religious Freedom established under section 201 of the International Religious Freedom Act of 1998 (22 U.S.C. 6431). (3) Commissioner.--The term ``Commissioner'' means a member of the Commission. (4) Vice chair.--The term ``Vice Chair'' means the Vice Chair of the Commission who was appointed to such position by an elected official from the political party that is different from the political party of the elected official who appointed the Chair of the Commission. (b) Strategic Policy and Organizational Review Planning Process.-- Not later than 60 days after the date of the enactment of this Act, and not less frequently than biennially thereafter, the Chair and Vice Chair of the Commission, in coordination with the Commissioners, the Ambassador-at-Large for International Religious Freedom, Commission staff, and others jointly selected by the Chair and Vice Chair, shall carry out a strategic policy and organizational review planning process that includes-- (1) a review of the duties set forth in section 202 of the International Religious Freedom Act of 1998 (22 U.S.C. 6432) and the powers set forth in section 203 of such Act (22 U.S.C. 6432a); (2) the preparation of a written description of prioritized actions that the Commission is required to complete to fulfill the strategic plan required under subsection (d); (3) a review of the scope, content, and timing of the Commission's annual report and any required changes; and (4) a review of the personnel policies set forth in section 204 of the International Religious Freedom Act of 1998 (22 U.S.C. 6432b) and any required changes to such policies. (c) Unanimous Agreement.-- (1) In general.--To the greatest extent possible, the Chair, Vice Chair, and all of the Commissioners shall ensure that this section is implemented in a manner that results in unanimous agreement among the Commissioners with regard to-- (A) the strategic policy and organizational review planning process required under subsection (b); and (B) the strategic plan required under subsection (d). (2) Alternative approval process.--If unanimous agreement under paragraph (1) is not possible, items for inclusion in the strategic plan may, at the joint discretion of the Chair and Vice Chair, be approved by an affirmative vote of-- (A) a majority of Commissioners appointed by an elected official from the political party of the President; and (B) a majority of Commissioners appointed by an elected official from the political party that is not the party of the President. (d) Submission of Strategic Plan.--Not later than 180 days after the date of the enactment of the Act, and not less frequently than biennially thereafter, the Chair and Vice Chair of the Commission shall jointly submit, to the appropriate congressional committees, a written strategic plan that includes-- (1) a description of prioritized actions for the Commission for a period of time to be specified by the Commissioners; (2) a description of any changes the Commission considers necessary with regard to the scope, content, and timing of the Commission's annual report; (3) a description of any changes the Commission considers necessary with regard to personnel matters; and (4) the Commission's funding requirements for the period covered by the strategic plan. (e) Pending Issues.--The strategic plan required under subsection (d) may identify any issues or proposals that have not yet been resolved by the Commission. (f) Implementation of Personnel Provisions and Annual Report.-- Notwithstanding section 204(a) and 205(a) of the International Religious Freedom Act of 1998 (22 U.S.C. 6432b(a) and 6533(a)), the Commission is authorized to implement provisions related to personnel and the Commission's annual report that are included in the strategic plan submitted pursuant to this section. (g) Congressional Oversight.--Upon request, the Commission shall-- (1) make available for inspection any information and documents requested by the appropriate congressional committees; and (2) respond to any requests to provide testimony before the appropriate congressional committees. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. Section 207 of the International Religious Freedom Act of 1998 (22 U.S.C. 6435) is amended to read as follows: ``SEC. 207. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There are authorized to be appropriated to the Commission $3,500,000 for each of the fiscal years 2016 to 2019 to carry out the provisions of this Act and section 4 of the United States Commission on International Religious Freedom Reauthorization Act of 2015. ``(b) Availability of Funds.--Amounts authorized to be appropriated under subsection (a) shall remain available until the earlier of-- ``(1) the date on which they have been expended; or ``(2) the date on which the Commission is terminated under section 209. ``(c) Limitation.--In each fiscal year, the Commission shall only be authorized to expend amounts that have been appropriated pursuant to subsection (a) if the Commission-- ``(1) complies with the requirements set forth in section 4 of the United States Commission on International Religious Freedom Reauthorization Act of 2015; and ``(2) submits the annual financial report required under section 208(e) to the appropriate congressional committees.''.

United States Commission on International Religious Freedom Reauthorization Act of 2015 This bill reauthorizes the U.S. Commission on International Religious Freedom (USCIRF) through FY2019. The Chair and Vice Chair of USCIRF must at least biennially carry out a strategic policy and organizational review and submit a strategic plan to Congress concerning: (1) prioritized actions for USCIRF, (2) any changes it considers necessary with regard to the scope, content, and timing of USCIRF's annual report; (3) any changes USCIRF considers necessary with regard to personnel matters; and (4) USCIRF's funding requirements. If unanimous agreement is not possible, items for inclusion in the strategic plan may, at the joint discretion of the Chair and Vice Chair, be approved by: (1) a majority of Commissioners appointed by an elected official from the political party of the President, and (2) a majority of Commissioners appointed by an elected official from the political party that is not the party of the President. The Vice Chair for such purposes must be appointed by an elected official from the political party that is different from the political party of the elected official who appointed the Chair. USCIRF is authorized to implement provisions related to personnel and the annual report that are included in the strategic plan.

{"src": "billsum_train", "title": "United States Commission on International Religious Freedom Reauthorization Act of 2015"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Superior National Forest Land Adjustment Act of 2007''. SEC. 2. FINDINGS AND DEFINITIONS. (a) Findings.--The Congress finds the following: (1) Fragmentation of property rights on certain lands within and adjacent to the Superior National Forest in Minnesota hampers the ability of private mineral owners to utilize their mineral rights and the ability of the Forest Service to manage associated forested areas. (2) The United States primarily owns the surface rights in the lands described in section 3, subject to reserved and outstanding mineral rights. (3) The public interest in selling the federally owned lands described in section 3 outweighs the interest served by maintaining such lands under Federal ownership. (4) The sale of some Federal surface and subsurface rights in lands under this Act will facilitate mining in the areas described in section 3, improving the economy of the United States by providing employment and needed mineral resources. (5) Minnesota and the Army Corps of Engineers, in cooperation with the Forest Service, are preparing an environmental impact statement for proposed mining operations by Poly Met Mining, Inc., on and adjacent to the lands authorized for conveyance by this Act, and the scope of the environmental impact statement is more fully described in a Federal Register notice dated July 1, 2005 (70 Fed. Reg. 38122). (6) Proceeds from the sale of lands authorized by this Act will be used by the Forest Service to purchase desirable private inholdings within and adjacent to the Superior National Forest. (b) Definitions.--In this Act: (1) The term ``lands'' includes interests in lands. (2) The term ``Secretary'' means the Secretary of Agriculture. (3) The term ``surface mining'' means the excavation of lands for the purposes of obtaining minerals, including excavation methods such as contour, strip, auger, open pit, and area mining. SEC. 3. LAND CONVEYANCE AUTHORITY, SUPERIOR NATIONAL FOREST, MINNESOTA. (a) Conveyance Authority.--The Secretary of Agriculture may sell any or all right, title, and interest of the United States in and to the lands within the Superior National Forest in Minnesota described in subsection (b). (b) Lands Authorized for Conveyance.-- (1) Lands described.--The federally owned lands subject to sale under this Act are certain lands located in St. Louis County, Minnesota, comprising approximately 6,700 acres, more fully described as follows: (A) Township 59 North, Range 13 West, 4th Principal Meridian: (i) Sections 1 through 9, inclusive. (ii) Sections 10, 11, 17, and 18, those portions lying north of and subject to the right-of-way held by the Erie Railroad. (iii) The N\1/2\ of section 12. (B) Township 59 North, Range 12 West, 4th Principal Meridian: (i) Section 6: Lots 3, 4, and 9, inclusive. (ii) Section 7: Lots 3 and 4, inclusive. (C) Township 60 North, Range 13 West, 4th Principal Meridian: (i) The S\1/2\SE\1/4\ of section 33. (ii) The S\1/2\S\1/2\ of section 34. (iii) The S\1/2\S\1/2\ of section 35. (2) Map.--The lands described in paragraph (1) are generally depicted on a Forest Service map dated October 4, 2007, and entitled ``PolyMet (Proponent) Case #4544'', which shall be on file and available for public inspection in the office of the Forest Supervisor, Superior National Forest, until such time as the lands are conveyed. (3) Modification of boundaries.--The Secretary may modify the boundaries of the lands described in paragraph (1) based on factors such as buffers and other land management considerations. (c) Form of Conveyance.--The lands sold under this Act shall be conveyed by quitclaim deed executed by the Forest Service, Eastern Region, Director of Air, Soil, Water, Lands, and Minerals. The Secretary may reserve such rights-of-way or other rights or interests in the lands as the Secretary considers necessary for future management purposes or is otherwise in the public interest. (d) Valuation.--Any appraisal of the lands to be sold under this Act shall conform to the Uniform Appraisal Standards for Federal Land Acquisitions, and the appraisal shall be subject to the approval of the Secretary. For purposes of appraisal, the lands authorized for conveyance under this Act include the right of the surface owner to allow or deny all forms of surface mining. (e) Consideration.--Consideration for a sale of lands under this Act shall be in an amount not less than the appraised market value. (f) Method of Sale.--The Secretary may sell lands described in subsection (b) at public or private sale, including competitive sale by auction, bid, or otherwise, in accordance with such terms, conditions, and procedures as the Secretary determines are in the best interests of the United States, subject to the following: (1) The Secretary shall first offer the sale of such lands for consideration at the appraised market value to Poly Met Mining, Inc., a Minnesota corporation, which shall have 90 days from the date of the offer during which to contract for the purchase of such lands. (2) During the 90 days period referred to in paragraph (1), the Secretary shall not offer to sell such lands to any party other than Poly Met Mining, Inc. (3) In the offer under paragraph (1), the Secretary shall require Poly Met Mining, Inc., to cover the reasonable costs of survey, appraisal, and other expenditures directly associated with the proposed sale. (4) The Secretary may reject any counteroffer made by Poly Met Mining, Inc., in response to the offer of the Secretary under paragraph (1) if the Secretary determines that the counteroffer is inadequate or is not in the public interest. (g) Brokers.--The Secretary may utilize brokers or other third parties in the disposition of the lands authorized by this Act and, from the proceeds of a sale, may pay reasonable commissions or fees. SEC. 4. TREATMENT OF PROCEEDS. (a) Deposit.--The Secretary shall deposit the proceeds of a sale authorized by this Act in the fund established by Public Law 90-171 (commonly known as the Sisk Act; 16 U.S.C. 484a). (b) Availability.--Amounts deposited under subsection (a) shall be available to the Secretary until expended, without further appropriation, for the acquisition of lands within and adjacent to the Superior National Forest. SEC. 5. MISCELLANEOUS PROVISIONS. (a) Wetlands Offset.--For purposes of compliance with Executive Order 11990 (May 24, 1977; 42 Fed. Reg. 26961) and Executive Order 11988 (May 24, 1977; 42 Fed. Reg. 26951), the Secretary shall offset the loss of wetlands from any sale under this Act by the acquisition of wetlands within and adjacent to the Superior National Forest within ten years after the date of the final conveyance of lands under this Act. (b) Environmental Analysis Requirement.-- (1) For conveyances authorized by this Act, the Secretary shall assume that the future use of the lands so conveyed will be for surface mining. (2) For conveyances authorized by this Act, the ongoing preparation of an environmental impact statement by the Army Corps of Engineers referenced in section 2(a)(5) shall be considered sufficient disclosure and documentation of environmental effects as required by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and regulations promulgated thereunder. (3) Conveyances authorized under this Act shall not be delayed pending completion of the environmental impact statement referenced in section 2(a)(5). (c) Inapplicable Law.--Section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)) shall not apply to the conveyances authorized by this Act. (d) Administrative Appeal.--There shall be no administrative appeal for any actions taken by the Secretary in furtherance of the sales authorized by this Act. (e) Deadline for Sale of Lands.--To the extent practicable, the sale of lands authorized by this Act shall be completed within 180 days after the enactment of this Act.

Superior National Forest Land Adjustment Act of 2007 - Authorizes the Secretary of Agriculture to sell certain lands in Superior National Forest in Minnesota. Requires: (1) consideration for a sale of lands to be not less than the appraised market value of those lands; and (2) the first offer for the sale of the lands under this Act to be made to Poly Met Mining, Inc.

{"src": "billsum_train", "title": "To authorize the sale of certain National Forest System lands in the Superior National Forest in Minnesota."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Notification of Risk to Personal Data Act''. SEC. 2. DEFINITIONS. In this Act, the following definitions shall apply: (1) Agency.--The term ``agency'' has the same meaning given such term in section 551(1) of title 5, United States Code. (2) Breach of security of the system.--The term ``breach of security of the system''-- (A) means the compromise of the security, confidentiality, or integrity of computerized data that results in, or there is a reasonable basis to conclude has resulted in, the unauthorized acquisition of and access to personal information maintained by the person or business; and (B) does not include good faith acquisition of personal information by an employee or agent of the person or business for the purposes of the person or business, if the personal information is not used or subject to further unauthorized disclosure. (3) Person.--The term ``person'' has the same meaning given such term in section 551(2) of title 5, United States Code. (4) Personal information.--The term ``personal information'' means an individual's last name in combination with any 1 or more of the following data elements, when either the name or the data elements are not encrypted: (A) Social security number. (B) Driver's license number or State identification number. (C) Account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual's financial account. (5) Substitute notice.--The term ``substitute notice'' means-- (A) e-mail notice, if the agency or person has an e-mail address for the subject persons; (B) conspicuous posting of the notice on the Internet site of the agency or person, if the agency or person maintains an Internet site; or (C) notification to major media. SEC. 3. DATABASE SECURITY. (a) Disclosure of Security Breach.-- (1) In general.--Any agency, or person engaged in interstate commerce, that owns or licenses electronic data containing personal information shall, following the discovery of a breach of security of the system containing such data, notify any resident of the United States whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. (2) Notification of owner or licensee.--Any agency, or person engaged in interstate commerce, in possession of electronic data containing personal information that the agency does not own or license shall notify the owner or licensee of the information if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person through a breach of security of the system containing such data. (3) Timeliness of notification.--Except as provided in paragraph (4), all notifications required under paragraph (1) or (2) shall be made as expediently as possible and without unreasonable delay following-- (A) the discovery by the agency or person of a breach of security of the system; and (B) any measures necessary to determine the scope of the breach, prevent further disclosures, and restore the reasonable integrity of the data system. (4) Delay of notification authorized for law enforcement purposes.--If a law enforcement agency determines that the notification required under this subsection would impede a criminal investigation, such notification may be delayed until such law enforcement agency determines that the notification will no longer compromise such investigation. (5) Methods of notice.--An agency, or person engaged in interstate commerce, shall be in compliance with this subsection if it provides the resident, owner, or licensee, as appropriate, with-- (A) written notification; (B) e-mail notice, if the person or business has an e-mail address for the subject person; or (C) substitute notice, if-- (i) the agency or person demonstrates that the cost of providing direct notice would exceed $250,000; (ii) the affected class of subject persons to be notified exceeds 500,000; or (iii) the agency or person does not have sufficient contact information for those to be notified. (6) Alternative notification procedures.--Notwithstanding any other obligation under this subsection, an agency, or person engaged in interstate commerce, shall be deemed to be in compliance with this subsection if the agency or person-- (A) maintains its own reasonable notification procedures as part of an information security policy for the treatment of personal information; and (B) notifies subject persons in accordance with its information security policy in the event of a breach of security of the system. (7) Reasonable notification procedures.--As used in paragraph (6), with respect to a breach of security of the system involving personal information described in section 2(4)(C), the term ``reasonable notification procedures'' means procedures that-- (A) use a security program reasonably designed to block unauthorized transactions before they are charged to the customer's account; (B) provide for notice to be given by the owner or licensee of the database, or another party acting on behalf of such owner or licensee, after the security program indicates that the breach of security of the system has resulted in fraud or unauthorized transactions, but does not necessarily require notice in other circumstances; and (C) are subject to examination for compliance with the requirements of this Act by 1 or more Federal functional regulators (as defined in section 509 of the Gramm-Leach Bliley Act (15 U.S.C. 6809)), with respect to the operation of the security program and the notification procedures. (b) Civil Remedies.-- (1) Penalties.--Any agency, or person engaged in interstate commerce, that violates this section shall be subject to a fine of not more than $5,000 per violation, to a maximum of $25,000 per day while such violations persist. (2) Equitable relief.--Any person engaged in interstate commerce that violates, proposes to violate, or has violated this section may be enjoined from further violations by a court of competent jurisdiction. (3) Other rights and remedies.--The rights and remedies available under this subsection are cumulative and shall not affect any other rights and remedies available under law. (c) Enforcement.--The Federal Trade Commission is authorized to enforce compliance with this section, including the assessment of fines under subsection (b)(1). SEC. 4. ENFORCEMENT BY STATE ATTORNEYS GENERAL. (a) In General.-- (1) Civil actions.--In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any person in a practice that is prohibited under this Act, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction to-- (A) enjoin that practice; (B) enforce compliance with this Act; (C) obtain damage, restitution, or other compensation on behalf of residents of the State; or (D) obtain such other relief as the court may consider to be appropriate. (2) Notice.-- (A) In general.--Before filing an action under paragraph (1), the attorney general of the State involved shall provide to the Attorney General-- (i) written notice of the action; and (ii) a copy of the complaint for the action. (B) Exemption.-- (i) In general.--Subparagraph (A) shall not apply with respect to the filing of an action by an attorney general of a State under this subsection, if the State attorney general determines that it is not feasible to provide the notice described in such subparagraph before the filing of the action. (ii) Notification.--In an action described in clause (i), the attorney general of a State shall provide notice and a copy of the complaint to the Attorney General at the time the State attorney general files the action. (b) Construction.--For purposes of bringing any civil action under subsection (a), nothing in this Act shall be construed to prevent an attorney general of a State from exercising the powers conferred on such attorney general by the laws of that State to-- (1) conduct investigations; (2) administer oaths or affirmations; or (3) compel the attendance of witnesses or the production of documentary and other evidence. (c) Venue; Service of Process.-- (1) Venue.--Any action brought under subsection (a) may be brought in the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code. (2) Service of process.--In an action brought under subsection (a), process may be served in any district in which the defendant-- (A) is an inhabitant; or (B) may be found. SEC. 5. EFFECT ON STATE LAW. The provisions of this Act shall supersede any inconsistent provisions of law of any State or unit of local government relating to the notification of any resident of the United States of any breach of security of an electronic database containing such resident's personal information (as defined in this Act), except as provided under sections 1798.82 and 1798.29 of the California Civil Code. SEC. 6. EFFECTIVE DATE. This Act shall take effect on the expiration of the date which is 6 months after the date of enactment of this Act.

Notification of Risk to Personal Data Act - Requires any agency or person that owns or licenses electronic data containing personal information, following the discovery of a breach of security of the system containing such data, to notify any U.S. resident whose personal information was, or is reasonably believed to have been, acquired by an unauthorized person. Requires any agency or person who possesses but does not own or license such data, to notify the information owner or licensee about such an unauthorized acquisition. Allows delay of notification in connection with authorized law enforcement purposes. Provides authorized methods of notification and alternative notification procedures. Provides: (1) civil penalties and rights and remedies in connections with violations; and (2) for enforcement by State attorneys general.

{"src": "billsum_train", "title": "A bill to require Federal agencies, and persons engaged in interstate commerce, in possession of electronic data containing personal information, to disclose any unauthorized acquisition of such information."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Decedent's Family Relief Act of 1995''. SEC. 2. CONTINUATION OF BENEFITS THROUGH MONTH OF BENEFICIARY'S DEATH. (a) Old-Age Insurance Benefits.--Section 202(a) of the Social Security Act (42 U.S.C. 402(a)) is amended by striking ``the month preceding'' in the matter following subparagraph (B). (b) Wife's Insurance Benefits.-- (1) In general.--Section 202(b)(1) of such Act (42 U.S.C. 402(b)(1)) is amended-- (A) by striking ``and ending with the month'' in the matter immediately following clause (ii) and inserting ``and ending with the month in which she dies or (if earlier) with the month''; (B) by striking subparagraph (E); and (C) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J). (2) Conforming amendments.--Section 202(b)(5)(B) of such Act (42 U.S.C. 402(b)(5)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)''. (c) Husband's Insurance Benefits.-- (1) In general.--Section 202(c)(1) of such Act (42 U.S.C. 402(c)(1)) is amended-- (A) by striking ``and ending with the month'' in the matter immediately following clause (ii) and inserting ``and ending with the month in which he dies or (if earlier) with the month''; (B) by striking subparagraph (E); and (C) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively. (2) Conforming amendments.--Section 202(c)(5)(B) of such Act (42 U.S.C. 402(c)(5)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)'', respectively. (d) Child's Insurance Benefits.--Section 202(d)(1) of such Act (42 U.S.C. 402(d)(1)) is amended-- (1) by striking ``and ending with the month'' in the matter immediately preceding subparagraph (D) and inserting ``and ending with the month in which such child dies or (if earlier) with the month''; and (2) by striking ``dies, or'' in subparagraph (D). (e) Widow's Insurance Benefits.--Section 202(e)(1) of such Act (42 U.S.C. 402(e)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: she remarries, dies,'' in the matter following subparagraph (F) and inserting ``ending with the month in which she dies or (if earlier) with the month preceding the first month in which she remarries or''. (f) Widower's Insurance Benefits.--Section 202(f)(1) of such Act (42 U.S.C. 402(f)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: he remarries, dies,'' in the matter following subparagraph (F) and inserting ``ending with the month in which he dies or (if earlier) with the month preceding the first month in which he remarries''. (g) Mother's and Father's Insurance Benefits.--Section 202(g)(1) of such Act (42 U.S.C. 402(g)(1)) is amended-- (1) by inserting ``with the month in which he or she dies or (if earlier)'' after ``and ending'' in the matter following subparagraph (F); and (2) by striking ``he or she remarries, or he or she dies'' and inserting ``or he or she remarries''. (h) Parent's Insurance Benefits.--Section 202(h)(1) of such Act (42 U.S.C. 402(h)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: such parent dies, marries,'' in the matter following subparagraph (E) and inserting ``ending with the month in which such parent dies or (if earlier) with the month preceding the first month in which such parent marries, or such parent''. (i) Disability Insurance Benefits.--Section 223(a)(1) of such Act (42 U.S.C. 423(a)(1)) is amended by striking ``ending with the month preceding whichever of the following months is the earliest: the month in which he dies,'' in the matter following subparagraph (D) and inserting the following: ``ending with the month in which he dies or (if earlier) with the month preceding the earlier of'' and by striking the comma after ``216(l))''. (j) Benefits at Age 72 for Certain Uninsured Individuals.--Section 228(a) of such Act (42 U.S.C. 428(a)) is amended by striking ``the month preceding'' in the matter following paragraph (4). SEC. 3. COMPUTATION AND PAYMENT OF LAST MONTHLY PAYMENT. (a) Old-Age and Survivors Insurance Benefits.--Section 202 of the Social Security Act (42 U.S.C. 402) is amended by adding at the end the following new subsection: ``Last Payment of Monthly Insurance Benefit Terminated by Death ``(y) The amount of any individual's monthly insurance benefit under this section paid for the month in which the individual dies shall be an amount equal to-- ``(1) the amount of such benefit (as determined without regard to this subsection), multiplied by ``(2) a fraction-- ``(A) the numerator of which is the number of days in such month preceding the date of such individual's death, and ``(B) the denominator of which is the number of days in such month, rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. Payment of such benefit for such month shall be made as provided in section 204(d).''. (b) Disability Insurance Benefits.--Section 223 of such Act (42 U.S.C. 423) is amended by adding at the end the following new subsection: ``Last Payment of Benefit Terminated by Death ``(j) The amount of any individual's monthly benefit under this section paid for the month in which the individual dies shall be an amount equal to-- ``(1) the amount of such benefit (as determined without regard to this subsection), multiplied by ``(2) a fraction-- ``(A) the numerator of which is the number of days in such month preceding the date of such individual's death, and ``(B) the denominator of which is the number of days in such month, rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. Payment of such benefit for such month shall be made as provided in section 204(d).''. (c) Benefits at Age 72 for Certain Uninsured Individuals.--Section 228 of such Act (42 U.S.C. 428) is amended by adding at the end the following new subsection: ``Last Payment of Benefit Terminated by Death ``(i) The amount of any individual's monthly benefit under this section paid for the month in which the individual dies shall be an amount equal to-- ``(1) the amount of such benefit (as determined without regard to this subsection), multiplied by ``(2) a fraction-- ``(A) the numerator of which is the number of days in such month preceding the date of such individual's death, and ``(B) the denominator of which is the number of days in such month, rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. Payment of such benefit for such month shall be made as provided in section 204(d).''. SEC. 4. DISREGARD OF BENEFIT FOR MONTH OF DEATH UNDER FAMILY MAXIMUM PROVISIONS. Section 203(a) of the Social Security Act (42 U.S.C. 403(a)) is amended by adding at the end the following new paragraph: ``(10) Notwithstanding any other provision of this Act, in applying the preceding provisions of this subsection (and determining maximum family benefits under column V of the table in or deemed to be in section 215(a) as in effect in December 1978) with respect to the month in which the insured individual's death occurs, the benefit payable to such individual for that month shall be disregarded.''. SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to deaths occurring after the month in which this Act is enacted.

Social Security Decedent's Family Relief Act of 1995 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to continue an individual's entitlement to benefits through the month of his or her death, without affecting any other person's entitlement to benefits for that month. Provides that such individual's benefit shall be payable for such month only in proportion to the number of days in such month preceding the date of such individual's death. Provides for disregard of such benefits for the individual for the month of death under provisions for determining maximum family benefits.

{"src": "billsum_train", "title": "Social Security Decedent's Family Relief Act of 1995"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cutting Earmarks And Savings Enforcement (CEASE) Act''. SEC. 2. ESTABLISHMENT OF DISCRETIONARY DEFICIT REDUCTION ACCOUNT. (a) Discretionary Deficit Reduction Account.--Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: ``discretionary deficit reduction account ``Sec. 316. (a) Establishment of Account.--The chairman of the Committee on the Budget of the House of Representatives and of the Senate shall each maintain an account to be known as the `deficit reduction Discretionary Account'. The Account shall be divided into entries corresponding to the subcommittees of the Committee on Appropriations of that House and each entry shall consist of the `deficit reduction Balance'. ``(b) Components.--Each entry shall consist only of amounts credited to it under subsection (c). No entry of a negative amount shall be made. ``(c) Crediting of Amounts to Account.-- ``(1)(A) Whenever a Member or Senator, as the case may be, offers an amendment to an appropriation bill to reduce new budget authority in any account, that Member or Senator may state the portion of such reduction that shall be credited to-- ``(i) the deficit reduction Balance; ``(ii) used to offset an increase in new budget authority in any other account; or ``(iii) allowed to remain within the applicable section 302(b) suballocation. ``(B) Whenever a Member or Senator, as the case may be, offers an amendment to an appropriation bill dedicated to deficit reduction, the amount of new budget authority so dedicated shall be credited to the deficit reduction Balance. ``(2) If no such statement is made under paragraph (1)(A), the amount of reduction in new budget authority resulting from the amendment shall be credited to the deficit reduction Balance, as applicable, if the amendment is agreed to. ``(3) Except as provided by paragraph (4), the chairman of the Committee on the Budget of the House of Representatives or Senate shall, upon the engrossment of any appropriation bill by that House, credit to the applicable entry balances amounts of new budget authority and outlays equal to the net amounts of reductions in budget authority and in outlays resulting from amendments agreed to by that House to that bill plus the amounts of earmarks dedicated to deficit reduction (whether offered as an amendment to the bill or included in the chairman's mark of the bill at the request of a Member of that House) agreed to by that House to that bill. ``(4) When computing the net amounts of reductions in new budget authority and in outlays and the amounts of earmarks dedicated to deficit reduction resulting from amendments agreed to by the House of Representatives or Senate to an appropriation bill and the amounts of earmarks dedicated to deficit reduction that were included in the chairman's mark of the bill, the chairman of the Committee on the Budget of that House shall only count those portions of such amendments agreed to that were so designated by the Members offering such amendments as amounts to be credited to the deficit reduction Balance plus the amounts of earmarks dedicated to deficit reduction (whether offered as an amendment to the bill or included in the chairman's mark of the bill at the request of a Member of that House), or that fall within paragraph (2). ``(5) The chairman of the Committee on the Budget of the House of Representatives and of the Senate shall each maintain a running tally of the amendments adopted reflecting increases and decreases of budget authority in the bill as reported to its House. This tally shall be available to Members or Senators during consideration of any bill by that House. ``(d) Calculation of Savings in Deficit Reduction Accounts in the House of Representatives and Senate.-- ``(1) For the purposes of enforcing section 302(a), upon the engrossment of any appropriation bill by the House of Representatives or Senate, as applicable, the amount of budget authority and outlays calculated pursuant to subsection (c)(3) shall be counted against the 302(a) allocation provided to the Committee on Appropriations as if the amount calculated pursuant to subsection (c)(3) was included in the bill just engrossed. ``(2) For purposes of enforcing section 302(b), upon the engrossment of any appropriation bill by the House of Representatives or Senate, as applicable, the 302(b) allocation provided to the subcommittee for the bill just engrossed shall be deemed to have been reduced by the amount of budget authority and outlays calculated, pursuant to subsection (c)(3). ``(e) Definition.--As used in this section, the term `appropriation bill' means any general or special appropriation bill, and any bill or joint resolution making supplemental, deficiency, or continuing appropriations through the end of fiscal year 2011 or any subsequent fiscal year, as the case may be.''. SEC. 3. ESTABLISHMENT OF MANDATORY DEFICIT REDUCTION ACCOUNT. Title III of the Congressional Budget Act of 1974 (as amended by section 2) is further amended by adding at the end the following new section: ``mandatory deficit reduction account ``Sec. 317. (a) Establishment of Account.--The chairman of the Committee on the Budget of the House of Representatives and of the Senate shall each maintain an account to be known as the `deficit reduction Mandatory Account'. The Account shall be divided into entries corresponding to the House of Representatives or Senate committees, as applicable, that received allocations under section 302(a) in the most recently adopted joint resolution on the budget, except that it shall not include the Committee on Appropriations of that House and each entry shall consist of the `First Year deficit reduction Account' and the `Five Year deficit reduction Account' or the period covered by the resolution on the budget for that fiscal year, as applicable. ``(b) Components.--Each entry shall consist only of amounts credited to it under subsection (c). No entry of a negative amount shall be made. ``(c) Calculation of Account Savings in House and Senate.--For the purposes of enforcing section 302(a), upon the engrossment of any bill, other than an appropriation bill, by the House of Representatives or Senate, as applicable, the amount of budget authority and outlays calculated pursuant to subsection (d)(3) shall be counted against the 302(a) allocation provided to the applicable committee or committees of that House which reported the bill as if the amount calculated pursuant to subsection (d)(3) was included in the bill just engrossed. ``(d) Crediting of Amounts to Account.-- ``(1) Whenever a Member or Senator, as the case may be, offers an amendment to a bill that reduces the amount of mandatory budget authority provided either under current law or proposed to be provided by the bill under consideration, that Member or Senator may state the portion of such reduction achieved in the first year covered by the most recently adopted joint resolution on the budget and in addition the portion of such reduction achieved in the first five years covered by the most recently adopted joint resolution on the budget that shall be credited to the First Year deficit reduction Balance and the Five Year deficit reduction Balance, as applicable, if the amendment is agreed to. ``(2) Except as provided by paragraph (3), the chairman of the Committee on the Budget of the House of Representatives or Senate, as applicable, shall, upon the engrossment of any bill, other than an appropriation bill, by the House of Representatives or Senate, as applicable, credit to the applicable entry balances amounts of new budget authority and outlays equal to the net amounts of reductions in budget authority and in outlays resulting from amendments agreed to by that House to that bill. ``(3) When computing the net amounts of reductions in budget authority and in outlays resulting from amendments agreed to by the House of Representatives or Senate, as applicable, to a bill, the chairman of the Committee on the Budget of that House shall only count those portions of such amendments agreed to that were so designated by the Members or Senators offering such amendments as amounts to be credited to the First Year deficit reduction Balance and the Five-Year deficit reduction Balance, or that fall within paragraph (2). ``(4) The chairman of the Committee on the Budget of the House of Representatives and of the Senate shall each maintain a running tally of the amendments adopted reflecting increases and decreases of budget authority in the bill as reported to its House. This tally shall be available to Members or Senators during consideration of any bill by that House. ``(e) Definition.--As used in this section, the term `appropriation bill' means any general or special appropriation bill, and any bill or joint resolution making supplemental, deficiency, or continuing appropriations through the end of fiscal year 2011 or any subsequent fiscal year, as the case may be.''. SEC. 4. 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 315 the following new items: ``Sec. 316. Discretionary deficit reduction account. ``Sec. 317. Mandatory deficit reduction account.''.

Cutting Earmarks And Savings Enforcement (CEASE) Act - Amends the Congressional Budget Act of 1974 to require each of the chairs of the congressional budget committees to maintain a deficit reduction Discretionary Account and a deficit reduction Mandatory Account. Prescribes procedures for the crediting to such accounts of the amounts of either discretionary or mandatory deficit reduction in any amendment to a bill that reduces the appropriate budget authority.

{"src": "billsum_train", "title": "To amend the Congressional Budget Act of 1974 to establish discretionary and mandatory deficit reduction accounts."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preservation and Restoration of Orphan Works for Use in Scholarship and Education (PRO-USE) Act of 2005''. TITLE I--PRESERVATION OF ORPHAN WORKS SEC. 101. SHORT TITLE. This title may be cited as the ``Preservation of Orphan Works Act''. SEC. 102. REPRODUCTION OF COPYRIGHTED WORKS BY LIBRARIES AND ARCHIVES. Section 108(i) of title 17, United States Code, is amended by striking ``(b) and (c)'' and inserting ``(b), (c), and (h)''. TITLE II--NATIONAL FILM PRESERVATION SEC. 201. SHORT TITLE. This title may be cited as the ``National Film Preservation Act of 2005''. Subtitle A--Reauthorization of National Film Preservation Act SEC. 211. REAUTHORIZATION AND AMENDMENT. (a) Duties of the Librarian of Congress.--Section 103 of the National Film Preservation Act of 1996 (2 U.S.C. 179m) is amended: (1) in subsection (b)-- (A) by striking ``film copy'' each place that term appears and inserting ``film or other approved copy''; (B) by striking ``film copies'' each place that term appears and inserting ``film or other approved copies''; and (C) in the third sentence, by striking ``copyrighted'' and inserting ``copyrighted, mass distributed, broadcast, or published''; and (2) by adding at the end the following: ``(c) Coordination of Program With Other Collection, Preservation, and Accessibility Activities.--In carrying out the comprehensive national film preservation program for motion pictures established under the National Film Preservation Act of 1996, the Librarian, in consultation with the Board established pursuant to section 104, shall-- ``(1) carry out activities to make films included in the National Film registry more broadly accessible for research and educational purposes, and to generate public awareness and support of the Registry and the comprehensive national film preservation program; ``(2) review the comprehensive national film preservation plan, and amend it to the extent necessary to ensure that it addresses technological advances in the preservation and storage of, and access to film collections in multiple formats; and ``(3) wherever possible, undertake expanded initiatives to ensure the preservation of the moving image heritage of the United States, including film, videotape, television, and born digital moving image formats, by supporting the work of the National Audio-Visual Conservation Center of the Library of Congress, and other appropriate nonprofit archival and preservation organizations.''. (b) National Film Preservation Board.--Section 104 of the National Film Preservation Act of 1996 (2 U.S.C. 179n) is amended-- (1) in subsection (a)(1) by striking ``20'' and inserting ``22''; (2) in subsection (a)(2) by striking ``three'' and inserting ``5''; (3) in subsection (d) by striking ``11'' and inserting ``12''; and (4) by striking subsection (e) and inserting the following: ``(e) Reimbursement of Expenses.--Members of the Board shall serve without pay, but may receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code.''. (c) Responsibilities and Powers of Board.--Section 105(c) of the National Film Preservation Act of 1996 (2 U.S.C. 179o) is amended by adding at the end the following: ``(3) Review and approval of special foundation projects.-- The Board shall review special projects submitted for its approval by the National Film Preservation Foundation under section 151711 of title 36, United States Code.''. (d) National Film Registry.--Section 106 of the National Film Preservation Act of 1996 (2 U.S.C. 179p) is amended by adding at the end the following: ``(e) National Audio-Visual Conservation Center.--The Librarian shall utilize the National Audio-Visual Conservation Center of the Library of Congress at Culpeper, Virginia, to ensure that preserved films included in the National Film Registry are stored in a proper manner, and disseminated to researchers, scholars, and the public as may be appropriate in accordance with-- ``(1) title 17, United States Code; and ``(2) the terms of any agreements between the Librarian and persons who hold copyrights to such audiovisual works.''. (e) Use of Seal.--Section 107 (a) of the National Film Preservation Act of 1996 (2 U.S.C. 179q) is amended-- (1) in paragraph (1), by inserting ``in any format'' after ``or any copy''; and (2) in paragraph (2), by striking ``or film copy'' and inserting ``in any format''. (f) Effective Date.--Section 113 of the National Film Preservation Act of 1996 (2 U.S.C. 179w) is amended by striking ``7'' and inserting ``19''. Subtitle B--Reauthorization of the National Film Preservation Foundation SEC. 221. REAUTHORIZATION AND AMENDMENT. (a) Board of Directors.--Section 151703 of title 36, United States Code, is amended-- (1) in subsection (b)(2)(A), by striking ``nine'' and inserting ``12''; and (2) in subsection (b)(4), by striking the second sentence and inserting ``There shall be no limit to the number of terms to which any individual may be appointed.''. (b) Powers.--Section 151705(b) of title 36, United States Code, is amended by striking ``District of Columbia'' and inserting ``the jurisdiction in which the principal office of the corporation is located''. (c) Principal Office.--Section 151706 of title 36, United States Code, is amended by inserting ``, or another place as determined by the board of directors'' after ``District of Columbia''. (d) Authorization of Appropriations.--Section 151711 of title 36, United States Code, is amended by striking subsections (a) and (b) and inserting the following: ``(a) Authorization of Appropriations.--There are authorized to be appropriated to the Library of Congress amounts necessary to carry out this chapter, not to exceed $530,000 for each of the fiscal years 2005 and 2006, and not to exceed $1,000,000 for each of the fiscal years 2007 through 2015. These amounts are to be made available to the corporation to match any private contributions (whether in currency, services, or property) made to the corporation by private persons and State and local governments. ``(b) Limitation Related to Administrative Expenses.--Amounts authorized under this section may not be used by the corporation for management and general or fundraising expenses as reported to the Internal Revenue Service as part of an annual information return required under the Internal Revenue Code of 1986.''. (e) Cooperative Film Preservation.-- (1) In general.--Chapter 1517 of title 36, United States Code, is amended-- (A) by redesignating sections 151711 and 151712 as sections 151712 and 151713, respectively; and (B) by adding at the end the following: ``Sec. 151711. Cooperative film preservation ``(a) Cooperative Film Preservation.-- ``(1) In general.--The corporation shall design and support cooperative national film preservation and access initiatives. Such initiatives shall be approved by the corporation, the Librarian of Congress, and the National Film Preservation Board of the Library of Congress under section 105(c)(3) of the National Film Preservation Act of 1996. ``(2) Scope.--Cooperative initiatives authorized under paragraph (1) may include-- ``(A) the repatriation and preservation of American films that may be found in archives outside of the United States; ``(B) the exhibition and dissemination via broadcast or other means of `orphan' films; ``(C) the production of educational materials in various formats to encourage film preservation, preservation initiatives undertaken by 3 or more archives jointly; and ``(D) other activities undertaken in light of significant unfunded film preservation and access needs. ``(b) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to the Library of Congress amounts not to exceed $1,000,000 for each of the fiscal years 2006 through 2015, to carry out the purposes of this section. ``(2) Matching.--The amounts made available under paragraph (1) are to be made available to the corporation to match any private contributions (whether in currency, services, or property) made to the corporation by private persons and State and local governments. ``(3) Limitation related to administrative expenses.-- Amounts authorized under this section may not be used by the corporation for management and general or fundraising expenses as reported to the Internal Revenue Service as part of an annual information return required under the Internal Revenue Code of 1986.''. (2) Technical and conforming amendment.--The table of sections for chapter 1517 of title 36, United States Code, is amended by striking the items relating to sections 151711 and 151712 and inserting the following: ``151711. Cooperative film preservation. ``151712. Authorization of appropriations. ``151713. Annual report.''.

Preservation and Restoration of Orphan Works for Use in Scholarship and Education (PRO-USE) Act of 2005 - Preservation of Orphan Works Act - Provides that the limitation on rights of reproduction and distribution of copyrighted works does not apply to the authority of libraries or archives, during the last 20 years of any term of copyright of a published work, to reproduce, distribute, display, or perform in facsimile or digital form a copy or phonorecord of such work for purposes of preservation, scholarship, or research when certain conditions apply. National Film Preservation Act of 2005 - Amends the National Film Preservation Act of 1996 to direct the Librarian of Congress to carry out preservation activities, including: (1) generating public awareness of the National Film Registry; (2) updating the national film preservation program with technological advances; and (3) utilizing the National Audio-Visual Conservation Center to ensure that Registry films are properly stored and disseminated in accordance with copyright law and any relevant agreements. Directs the National Film Preservation Board to review special projects submitted for its approval by the National Film Preservation Foundation. Reauthorizes film preservation provisions. Allows the Foundation's board of directors to determine the location of its principal office. Authorizes appropriations to the Library of Congress for the Foundation. Directs the Foundation to design and support cooperative film preservation and access initiatives, with the approval of the Librarian and the Board.

{"src": "billsum_train", "title": "To encourage the preservation and restoration of copyrighted works for research, scholarly, and educational purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Volunteer Firefighter and EMS Personnel Job Protection Act''. SEC. 2. DEFINITIONS. In this Act: (1) Emergency.--The term ``emergency'' has the meaning given such term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122). (2) Major disaster.--The term ``major disaster'' has the meanings given such term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122). (3) Qualified volunteer fire department.--The term ``qualified volunteer fire department'' has the meaning given such term in section 150(e) of the Internal Revenue Code of 1986. (4) Volunteer emergency medical services.--The term ``volunteer emergency medical services'' means emergency medical services performed on a voluntary basis for a fire department or other emergency organization. (5) Volunteer firefighter.--The term ``volunteer firefighter'' means an individual who is a member in good standing of a qualified volunteer fire department. SEC. 3. TERMINATION OF EMPLOYMENT OF VOLUNTEER FIREFIGHTERS AND EMERGENCY MEDICAL PERSONNEL PROHIBITED. (a) Termination Prohibited.--No employee may be terminated, demoted, or in any other manner discriminated against in the terms and conditions of employment because such employee is absent from or late to the employee's employment for the purpose of serving as a volunteer firefighter or providing volunteer emergency medical services as part of a response to an emergency or major disaster. (b) Deployment.--The prohibition in subsection (a) shall apply to an employee serving as a volunteer firefighter or providing volunteer emergency medical services if such employee-- (1) is specifically deployed to respond to the emergency or major disaster in accordance with a coordinated national deployment system such as the Emergency Management Assistance Compact or a pre-existing mutual aid agreement; or (2) is a volunteer firefighter who-- (A) is a member of a qualified volunteer fire department that is located in the State in which the emergency or major disaster occurred; (B) is not a member of a qualified fire department that has a mutual aid agreement with a community affected by such emergency or major disaster; and (C) has been deployed by the emergency management agency of such State to respond to such emergency or major disaster. (c) Limitations.--The prohibition in subsection (a) shall not apply to an employee who-- (1) is absent from the employee's employment for the purpose described in subsection (a) for more than 14 days per calendar year; (2) responds on the emergency or major disaster without being officially deployed as described in subsection (b); or (3) fails to provide the written verification described in subsection (e) within a reasonable period of time. (d) Withholding of Pay.--An employer may reduce an employee's regular pay for any time that the employee is absent from the employee's employment for the purpose described in subsection (a). (e) Verification.--An employer may require an employee to provide a written verification from the official of the Federal Emergency Management Agency supervising the Federal response to the emergency or major disaster or a local or State official managing the local or State response to the emergency or major disaster that states-- (1) the employee responded to the emergency or major disaster in an official capacity; and (2) the schedule and dates of the employee's participation in such response. (f) Reasonable Notice Required.--An employee who may be absent from or late to the employee's employment for the purpose described in subsection (a) shall-- (1) make a reasonable effort to notify the employee's employer of such absence; and (2) continue to provide reasonable notifications over the course of such absence. SEC. 4. RIGHT OF ACTION. (a) Right of Action.--An individual who has been terminated, demoted, or in any other manner discriminated against in the terms and conditions of employment in violation of the prohibition described in section 3 may bring, in a district court of the United States of appropriate jurisdiction, a civil action against individual's employer seeking-- (1) reinstatement of the individual's former employment; (2) payment of back wages; (3) reinstatement of fringe benefits; and (4) if the employment granted seniority rights, reinstatement of seniority rights. (b) Limitation.--The individual shall commence a civil action under this section not later than 1 year after the date of the violation of the prohibition described in section 3. SEC. 5. STUDY AND REPORT. (a) Study.--The Secretary of Labor shall conduct a study on the impact that this Act could have on the employers of volunteer firefighters or individuals who provide volunteer emergency medical services and who may be called on to respond to an emergency or major disaster. (b) Report.--Not later than 12 months after the date of the enactment of this Act, the Secretary of Labor shall submit to the appropriate congressional committees a report on the study conducted under subsection (a). (c) Appropriate Congressional Committees.--In this section, the term ``appropriate congressional committees'' means the Committee on Health, Education, Labor, and Pensions and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Education and the Workforce and the Committee on Small Business of the House of Representatives.

Volunteer Firefighter and EMS Personnel Job Protection Act - Prohibits any employee from being terminated, demoted, or discriminated against in the terms or conditions of employment because the employee is absent or late as a result of serving as a volunteer firefighter or providing volunteer emergency medical services as part of a response to an emergency or major disaster. Excludes absences for which the employee: (1) is absent for more than 14 days per calendar year; (2) responds to an emergency or major disaster without being official deployed in accordance with a coordinator national deployment system; or (3) fails to provide written verification within a reasonable period of time. Allows employers to: (1) reduce the employee's regular pay for such time as the employee is absent; and (2) require the employee to provide written verification from the supervising Federal Emergency Management Agency (FEMA), state, or local official that such employee responded in an official capacity at a specified time and date. Requires such an employee to make a reasonable effort to notify his or her employer that he or she may be absent or late. Gives such an employee a private cause of action for discrimination which violates this Act.

{"src": "billsum_train", "title": "A bill to prohibit termination of employment of volunteer firefighters and emergency medical personnel responding to emergencies, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Geothermal Energy Initiative Act of 2005''. SEC. 2. FINDINGS. The Congress finds the following: (1) The last national resource assessment of geothermal energy resource sites in the United States was completed in 1978. There have been substantial changes in technology and advances in geological science in the intervening 26 years. (2) Many Federal land management agencies, including the Bureau of Land Management and the Forest Service, are not aware of geothermal energy resources and fail to recognize geothermal energy resources in their land use planning process. Failure to recognize geothermal energy resources during the land use planning process poses significant delays in geothermal resource development. (3) The Bureau of Land Management has a backlog of 230 lease applications for prospecting for geothermal energy. The average age of these lease applications is 9 years. The oldest non-competitive application was received in 1974. (4) There appears to be a lack of focus and priority in the Bureau of Land Management concerning geothermal energy efforts. (5) Development of geothermal energy resources is environmentally safe and clean. SEC. 3. ASSESSMENT OF GEOTHERMAL ENERGY RESOURCES. (a) Resource Assessment.--Not later than 3 months after the date of the enactment of this Act, and each year thereafter, the Secretary of Energy shall review the available assessments of geothermal energy resources available within the United States and undertake new assessments as necessary, taking into account changes in market conditions, available technologies, and other relevant factors. (b) Contents of Reports.--Not later than 1 year after the date of the enactment of this Act, and each year thereafter, the Secretary shall publish a report based on the assessment under subsection (a). The report shall contain a detailed inventory describing the available amount and characteristics of the geothermal energy resources, including-- (1) descriptions of surrounding terrain, population and load centers, nearby energy infrastructure, location of energy and water resources, and available estimates of the costs needed to develop each resource; (2) an identification of any barriers to providing adequate transmission for remote sources of geothermal energy resources to current and emerging markets; (3) recommendations for removing or addressing such barriers; and (4) ways to provide access to the grid that do not unfairly disadvantage renewable or other energy producers. (c) Authorization of Appropriations.--To carry out this section there is authorized to be appropriated to the Secretary of the Interior $5,000,000 for fiscal years 2006, 2007, and 2008. SEC. 4. ENHANCED ACCESS TO FEDERAL LANDS FOR GEOTHERMAL RESOURCE DEVELOPMENT. (a) Revision of Land Use Plans.-- (1) Public lands.--The Secretary of the Interior shall expedite development of geothermal energy in making revisions to land use plans under section 202 of the Federal Land Policy and Management Act of 1976 (42 U.S.C. 1712) while protecting other resources. (2) National forest system lands.--The Secretary of Agriculture shall expedite development of geothermal energy in making revisions of land and resource management plans under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604) while protecting other resources. (3) Issuance of rights-of-way not affected.--Nothing in this subsection shall preclude the issuance of a right-of-way for the development of a geothermal energy project prior to the revision of a land use plan by the appropriate land management agency. (b) Report to Congress.--Within 24 months after the date of the enactment of this section, the Secretary of the Interior shall develop and report to the Congress recommendations on any statutory or regulatory changes the Secretary believes would assist in the development of geothermal energy on Federal land. The report shall include-- (1) a 5-year plan developed by the Secretary of the Interior, in cooperation with the Secretary of Agriculture, for encouraging the development of geothermal energy on Federal land in an environmentally sound manner; (2) an analysis of-- (A) whether the use of rights-of-ways is the best means of authorizing use of Federal land for the development of geothermal energy, or whether such resources could be better developed through a leasing system or other method; (B) the desirability of grants, loans, tax credits, or other provisions to promote geothermal energy development on Federal land; and (C) any problems, including environmental concerns, that the Secretary of the Interior or the Secretary of Agriculture has encountered in managing geothermal energy projects on Federal land, or believe are likely to arise in relation to the development of geothermal energy on Federal land; and (3) a list, developed in consultation with the Secretaries of Energy and Defense, of lands under the jurisdiction of the Departments of Energy and Defense, respectively, that would be suitable for development for geothermal energy, and recommended statutory and regulatory mechanisms for such development. SEC. 5. CONSULTATION REGARDING GEOTHERMAL LEASING AND PERMITTING ON PUBLIC LANDS. (a) In General.--Not later than 6 months after the date of the enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall enter into and submit to the Congress a memorandum of understanding in accordance with this section regarding leasing and permitting, for geothermal development, of public lands under their respective administrative jurisdictions. (b) Lease and Permit Applications.--The memorandum of understanding shall include provisions that-- (1) identify known geothermal areas on public lands within the National Forest System and to the extent necessary review management plans to consider leasing of such lands under the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) as a land use; (2) establish an administrative procedure for processing geothermal lease applications, including lines of authority, steps in application processing, and timeframes for application processing; (3) provide that the Secretary concerned shall-- (A) within 14 days after receiving an application for a lease, determine whether the application contains sufficient information to allow processing of the application; and (B) if the application is found not to contain sufficient information to allow processing the application, before the end of such 14-day period, provide written notification to the lease applicant that the application is being returned to the applicant without processing and an itemization of the deficiencies in the application that prevent processing; (4) provide that the Secretary concerned shall within 30 days after receiving a lease application, provide written notice to the lease applicant regarding the status of the application, including an estimate of the time that will be required to complete action on the application; and (5) establish an administrative procedure for processing geothermal development permits, including lines of authority, steps in permit processing, and timeframes for permit processing. (c) Five-Year Leasing Plan.--The memorandum of understanding shall develop a 5-year plan for leasing under the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) of public land in the National Forest System. The plan for geothermal leasing shall be updated every 5 years. (d) Data Retrieval System.--The memorandum of understanding shall establish a joint data retrieval system that is capable of-- (1) tracking lease and permit applications and requests; and (2) providing to the applicant or requester information as to their status within the Departments of the Interior and Agriculture, including an estimate of the time required for administrative action. SEC. 6. REIMBURSEMENT FOR COSTS OF NEPA ANALYSES, DOCUMENTATION, AND STUDIES. (a) In General.--The Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) is amended by adding at the end the following: ``SEC. 30. REIMBURSEMENT FOR COSTS OF NEPA ANALYSES, DOCUMENTATION, AND STUDIES. ``(a) In General.--The Secretary of the Interior may, through royalty credits, reimburse a person who is a lessee, operator, operating rights owner, or applicant for a lease under this Act for reasonable amounts paid by the person for preparation by the Secretary (or a contractor or other person selected by the Secretary) of any project-level analysis, documentation, or related study required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the lease. ``(b) Conditions.--The Secretary may provide reimbursement under subsection (a) only if-- ``(1) adequate funding to enable the Secretary to timely prepare the analysis, documentation, or related study is not appropriated; ``(2) the person paid the amounts voluntarily; and ``(3) the person maintains records of its costs in accordance with regulations prescribed by the Secretary.''. (b) Application.--The amendment made by this section shall apply with respect to any lease entered into before, on, or after the date of the enactment of this Act. (c) Deadline for Regulations.--The Secretary shall issue regulations implementing the amendment made by this section by not later than 90 days after the date of the enactment of this Act. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. To carry out section 5 through 7 there are authorized to be appropriated to the Secretary of the Interior such sums as may be necessary.

Geothermal Energy Initiative Act of 2005 - Directs the Secretary of Energy to: (1) review and publish annually the available assessments of geothermal energy resources available within the United States; and (2) undertake new assessments as necessary, taking into account changes in market conditions, available technologies, and other relevant factors. Directs the Secretary of the Interior and the Secretary of Agriculture to expedite development of geothermal energy in making revisions to certain land use plans for public lands and National Forest System lands, respectively. Directs the Secretary of the Interior to report to Congress any recommendations for statutory or regulatory changes that would assist geothermal energy development on Federal land, including: (1) a five-year plan for encouraging such development; and (2) a list, developed in consultation with the Secretaries of Energy and of Defense, of lands under their jurisdictions, that would be suitable for development for geothermal energy, as well as recommended statutory and regulatory mechanisms for such development. Instructs the Secretary of the Interior and the Secretary of Agriculture to enter into and submit to Congress a memorandum of understanding regarding leasing (including a five-year leasing plan) and permitting for geothermal development of public lands under their respective jurisdictions. Amends the Geothermal Steam Act of 1970 to authorize the Secretary of the Interior to reimburse certain persons through royalty credits for reasonable amounts paid for preparation by the Secretary (or a Secretary-selected contractor or other person) of project-level analysis, documentation, or related study required under the National Environmental Policy Act of 1969 with respect to the lease.

{"src": "billsum_train", "title": "To encourage greater use of geothermal energy resources."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Greater Middle East and Central Asia Development Act of 2004''. SEC. 2. PURPOSE. The purpose of this Act is to authorize assistance for political freedom and economic development, particularly through private sector development, in the Greater Middle East and Central Asia, including contributions to and participation in 3 new entities: a Trust for Democracy, a Development Foundation, and a Development Bank. SEC. 3. FINDINGS. Congress makes the following findings: (1) The terrorist attacks of September 11, 2001, signaled a turning point in United States foreign policy. (2) Al Qaeda and affiliated groups have established a terrorist network with linkages in Afghanistan, Pakistan, throughout the Greater Middle East and Central Asia, and around the world. (3) The war on terrorism requires that the United States consider the Greater Middle East and Central Asia as a strategic region with its own political, economic, and security dynamics. (4) While rich in cultural, geographic, and language diversity, the Greater Middle East and Central Asia face common impediments to economic development and political freedom. (5) Although poverty and economic underdevelopment do not alone cause terrorism, the expansion of economic growth, free trade, and private sector development can contribute to an environment that undercuts radical political tendencies that give rise to terrorism. (6) Given the relationship between economic and political development and winning the global war on terror, America's support for freedom in the Greater Middle East and Central Asia must be matched with expanded and new programs of partnership with the people and governments of the region to promote good governance, political freedom, private sector development, and more open economies. (7) The United States and other donors should support those citizens of the Greater Middle East and Central Asia who share our desire to undertake reforms that result in more open political and economic systems. (8) Turkey, which should be supported in its aspirations for membership in the European Union, plays a pivotal and unique role in efforts to bring economic development and stability to the Greater Middle East and Central Asia. (9) The President should seek new mechanisms to work together with European and other nations, as well as with the countries of the Greater Middle East and Central Asia to promote political and economic development in the Greater Middle East and Central Asia. (10) Because the dynamics of the Greater Middle East and Central Asia have a serious impact on global security, the North Atlantic Treaty Organization (NATO) should now shift its strategic focus to the region, including expanded roles in Iraq, Afghanistan, and the Mediterranean. SEC. 4. DEFINITION; SPECIAL RULE. (a) Greater Middle East and Central Asia Defined.--In this Act, the term ``Greater Middle East and Central Asia'' means the 22 members of the Arab League (Algeria, Bahrain, Comoros, Djibouti, Egypt, Iraq, Jordan, Kuwait, Lebanon, Libya, Mauritania, Morocco, Oman, the Palestinian Authority, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, United Arab Emirates, and Yemen), Afghanistan, Iran, Israel, Kazakhstan, Kyrgyzstan, Pakistan, Tajikistan, Turkey, Turkmenistan, and Uzbekistan. (b) Special Rule.--A country listed in subsection (a) may not receive assistance under this Act if such country is identified as a country supporting international terrorism pursuant to section 6(j)(1)(A) of the Export Administration Act of 1979 (as in effect pursuant to the International Emergency Economic Powers Act; 50 U.S.C. 1701 et seq.), section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)), section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371), or any other provision of law. SEC. 5. AUTHORIZATION OF ASSISTANCE. Notwithstanding any other provision of law, the President is authorized to provide assistance to the Greater Middle East and Central Asia for the purpose of promoting economic and political freedoms, free trade, and private sector development, including the programs described in the following paragraphs: (1) United states contribution to and membership in a greater middle east and central asia development bank.--The President is authorized to work with other donors and representatives from the Greater Middle East and Central Asia to establish a Greater Middle East and Central Asia Development Bank to promote private sector development, trade, including intra-regional trade, and investment in the Greater Middle East and Central Asia. (2) Creation of a greater middle east and central asia development foundation.--The President is authorized to work with other donors and representatives from the Greater Middle East and Central Asia to establish a multilateral Greater Middle East and Central Asia Development Foundation to assist in the administration and implementation of assistance programs, including public-private programs, pursuant to this Act, with specific emphasis on programs at the grass-roots level, to include volunteer-based organizations and other nongovernmental organizations that support private sector development, entrepreneurship, and development of small- and medium-size enterprises and exchanges. (3) Creation of trust for democracy.--The President is authorized to establish, together with other donors and private sector and nongovernmental leaders from the Greater Middle East and Central Asia, a multilateral, public-private Trust for Democracy to support grass-roots development of civil society, democratic reform, good governance practices, and rule of law reform in the Greater Middle East and Central Asia. Private foundations shall be encouraged to participate in the Trust through the provision of matching funds. SEC. 6. SENSE OF CONGRESS REGARDING COORDINATION OF ASSISTANCE TO THE GREATER MIDDLE EAST AND CENTRAL ASIA. Recognizing the importance of coordination of assistance to the Greater Middle East and Central Asia, and the strategic imperatives required by the war on terrorism, it is the sense of Congress that-- (1) the Secretary of State and the heads of other relevant Government agencies should consider new approaches to the coordination of the provision of political and economic support for the Greater Middle East and Central Asia; and (2) the Secretary of State should consider appointing a Coordinator for Assistance to the Greater Middle East and Central Asia. SEC. 7. PROGRAM REPORTS. (a) Requirement for Reports.--Beginning on January 31, 2005, and annually thereafter, the President shall submit to Congress a report on the progress of the Greater Middle East and Central Asia, the Greater Middle East and Central Asia Development Bank, the Greater Middle East and Central Asia Development Foundation, and the Trust for Democracy in developing more open political and economic systems and the degree to which United States assistance has been effective at promoting these changes. (b) Content.--The reports required by subsection (a) shall include general information regarding such progress and specific information on the progress of each of the Greater Middle East and Central Asia Development Bank, the Greater Middle East and Central Asia Development Foundation, and the Trust for Democracy in-- (1) encouraging entrepreneurial development and supporting growth of small- and medium-size enterprises in the Greater Middle East and Central Asia; (2) promoting private sector development, democratic political reform, good governance building, rule of law reform, and other appropriate goals in the Greater Middle East and Central Asia; (3) fostering intra-regional trade and investment by United States businesses and financial institutions in the Greater Middle East and Central Asia; (4) developing public-private partnerships to carry out the purpose of this Act; and (5) encouraging the involvement of the Greater Middle East and Central Asia, and other donors in each institution. SEC. 8. ENTERPRISE FUNDS REPORTS TO CONGRESS. Not later than 1 year after the date of enactment of this Act, the President shall submit to Congress a comprehensive report evaluating the appropriateness of the establishment of enterprise funds in the Greater Middle East and Central Asia. The report shall evaluate whether and to what extent enterprise funds might be an effective mechanism for promoting economic reform and investment in the Greater Middle East and Central Asia. SEC. 9. REPORT ON COORDINATION OF ASSISTANCE TO THE GREATER MIDDLE EAST AND CENTRAL ASIA. Not later than 1 year after the date of enactment of this Act, the President shall submit to Congress a report that describes the measures that have been employed, and the measures that are planned to be employed, to improve the coordination within the Department of State and among the heads of the relevant Government agencies of the provision of support to the Greater Middle East and Central Asia. SEC. 10. NOTIFICATIONS TO CONGRESS REGARDING ASSISTANCE. Section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394- 1) (relating to reprogramming notifications) shall apply with respect to obligations of funds made available to carry out this Act. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization of Appropriations.--In addition to funds otherwise available for such purpose and for the countries to which this Act applies, there are authorized to be appropriated to the Department of State to carry out the provisions of this Act, $1,000,000,000 for each of the fiscal years 2005 through 2009. (b) Availability of Funds.--Amounts appropriated pursuant to subsection (a) shall remain available until expended.

Greater Middle East and Central Asia Development Act of 2004 - Authorizes the President to provide assistance to countries (excluding those countries supporting international terrorism) in the Greater Middle East and Central Asia to promote economic and political freedoms, free trade, and private sector development, including working with other donors and the countries of the Greater Middle East and Central Asia to establish: (1) a Greater Middle East and Central Asia Development Bank to promote private sector development, trade, including intra-regional trade, and investment in the Greater Middle East and Central Asia; (2) a multilateral Greater Middle East and Central Asia Development Foundation to assist in the administration and implementation of assistance programs, including public-private programs, with emphasis on programs at the grass-roots level; and (3) a multilateral, public-private Trust for Democracy to support grass-roots development of civil society, democratic reform, good governance practices, and rule of law reform in the Greater Middle East and Central Asia. Defines "Greater Middle East and Central Asia'' as the 22 nations of the Arab world (Algeria, Bahrain, Comoros, Djibouti, Egypt, Iraq, Jordan, Kuwait, Lebanon, Libya, Mauritania, Morocco, Oman, Palestine/West Bank/Gaza, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, United Arab Emirates, and Yemen), Afghanistan, Iran, Israel, Kazakhstan, Kyrgyzstan, Pakistan, Tajikistan, Turkey, Turkmenistan, and Uzbekistan. Expresses the sense of Congress that: (1) the Secretary of State and the heads of other Government agencies should consider new approaches for the coordination of political and economic support for the countries of the Greater Middle East and Central Asia; and (2) the Secretary should consider appointing a Coordinator for Assistance to the Greater Middle East and Central Asia. Amends the Foreign Assistance Act of 1961 to require congressional notification of fund obligations under this Act.

{"src": "billsum_train", "title": "A bill to authorize programs that support economic and political development in the Greater Middle East and Central Asia and support for three new multilateral institutions, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Voter Freedom Act of 2003''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress makes the following findings: (1) The rights of eligible citizens to seek election to Congress, vote for candidates of their choice and associate for the purpose of taking part in elections, including the right to create and develop new political parties, are fundamental to a democracy. The rights of citizens to participate in the election process for members of Congress are set forth in article I. The United States Supreme Court has held that the states are powerless to discriminate against a class of candidates for Congress. Cook v. Gralike, ____ US ____ (decision of February 28, 2001). The United States Supreme Court has also held that all voters must be treated equally. Bush v. Gore, ____ US ____ (decision of December 12, 2000). (2) The voters of the various states sometimes elect candidates to Congress who are neither nominees, nor members, of the two major political parties. According to the Clerk of the U.S. House of Representatives, voters have on at least 125 occasions elected someone to the U.S. House of Representatives who was neither a Republican nor a Democrat. According to a recent compilation, throughout the twentieth century, the percentage of voters who have voted for minor party and independent candidates for the U.S. House of Representatives has averaged 3.7 percent. On November 7, 2000, it was 4.2 percent. Clearly, a substantial number of voters desire to vote for candidates for the U.S. House of Representatives who are minor party nominees and/or independent candidates. Such voters have existed in fairly substantial numbers in every decade of the twentieth century, and may be expected to exist in the twenty-first century. (3) Some states have enacted election laws which require minor party nominees, or independent candidates, for the U.S. House of Representatives, to submit petitions signed by more than 10,000 registered voters within a district. For example, Georgia requires such candidates to not only pay a filing fee, but to submit a petition signed by 5 percent of the number of registered voters in the district. The signatures must be notarized. By contrast, members of political parties which have polled 20 percent for President of the United States throughout the entire nation, or which have polled 20 percent for Governor of Georgia, need not submit any petition signatures. No candidate for U.S. House of Representatives from Georgia has managed to comply with the 5 percent petition requirement since 1964. North Carolina requires an independent candidate for the U.S. House of Representatives to submit a petition signed by 4 percent of the number of registered voters in the district. By contrast, members of qualified political parties need not submit any petitions in North Carolina to run for Congress. No independent candidate for the U.S. House of Representatives has ever qualified for the North Carolina ballot. South Carolina requires an independent candidate for the U.S. House of Representatives to submit a petition signed by 10,000 signatures. By contrast, members of qualified political parties need not submit any petition signatures in order to run for Congress. No independent candidate for the U.S. House of Representatives has ever qualified for the South Carolina ballot. California requires an independent candidate for the U.S. House of Representatives to submit a petition signed by 3 percent of the number of registered voters in the district. By contrast, members of qualified political parties only need to submit 40 signatures in order to run for U.S. House of Representatives. (4) Throughout all U.S. history, there are only four individuals who have ever successfully overcome a signature requirement greater than 10,000 signatures in order to gain a place on a ballot for U.S. House of Representatives. They are Frazier Reems, an independent member of the U.S. House of Representatives from Ohio who had to collect 12,920 valid signatures in the 9th district in 1954 in order to run for re- election; Jack Gargan, the Reform Party nominee for Florida's 5th district in 1998, who had to collect 12,141 valid signatures; Steven Wheeler, an independent candidate in California's 22nd district in 1996, who had to collect 10,191 valid signatures; and Steve Kelly, independent candidate for Montana's At-Large seat in 1994, who had to collect 10,186 valid signatures. (5) Other states do not require independent candidates, or the candidates of unqualified parties, to submit large numbers of signatures in order to run for the U.S. House of Representatives, and yet they do not suffer from a crowded ballot. Florida no longer requires any signatures on a petition for anyone to run for Congress, yet in 2000 there was no U.S. House race in Florida with more than 4 candidates on the ballot. Florida requires a filing fee instead of a petition for ballot access for everyone. Hawaii and Tennessee only require 25 signatures for anyone to run for Congress. Washington does not require any signatures for members of qualified parties to run for public office, and only requires 25 signatures from other individuals to run for the United States House of Representatives. New Jersey only requires 100 signatures for any individual to run for United States House of Representatives as an independent, or 200 signatures to run in a party primary. It is clear from the experience of such states that no state needs to require as many as 10,000 or 15,000 signatures for candidates to run for the House in order to keep the ballot uncluttered. (6) Some states have enacted laws which require new political parties, or independent candidates, to file a substantial number of petitions as much as ten months or more before a general election. Illinois requires independent candidates for Congress to file a petition in December of the year before the general election. Such petitions must be signed by 5 percent of the last vote cast for the seat they are seeking. Although members of qualified parties must also submit petitions by the same early date, members of qualified parties only need one-tenth as many signatures. For mid-term election years, Ohio requires new political parties to submit a petition equal to 1 percent of the last vote cast, by January. In presidential election years, Ohio requires such a petition by November of the year before the election. California requires a new political party to have registered members equal to 1 percent of the last vote cast by October of the year before an election. Mississippi requires independent candidates for Congress to file a petition by January of an election year. (7) Some states print partisan ballot labels on the general election ballot for some candidates for Congress, yet refuse to print such labels for other candidates for Congress. Virginia prints party labels on the ballot if the candidate is the nominee of a party which polled 10 percent of the statewide vote at a previous election. Other candidates must be labelled ``independent'', whether they are the nominees of a minor or new party or whether they really are independents. Louisiana prints party labels for candidates who are members of a party that has registration membership of 5 percent, or which polled 5 percent for president at the last election. Other candidates may not have any partisan label printed on the ballot next to their names, not even the term ``independent''. (8) The establishment of fair and uniform national standards for access to the ballot in elections for the U.S. House of Representatives would remove barriers to the participation of citizens in the electoral process and thereby facilitate such participation and maximize the rights identified in this subsection. (9) The Congress has authority, under the provisions of the Constitution of the United States in sections 4 and 8 of article I, to protect and promote the exercise of the rights identified in this subsection. (b) Purposes.--The purposes of this Act are-- (1) to establish fair and uniform standards regulating access to the ballot by eligible citizens who desire to seek election to the U.S. House of Representatives and political parties, bodies and groups which desire to take part in elections to the U.S. House of Representatives; and (2) to maximize the participation of eligible citizens in elections for Federal office. SEC. 3. BALLOT ACCESS RIGHTS. (a) In General.--An individual shall have the right to be placed as a candidate on, and to have such individual's political party, body, or group affiliation in connection with such candidacy placed on, a ballot or similar voting materials to be used in a Congressional election, if-- (1) such individual presents a petition stating in substance that its signers desire such individual's name and political party, body or group affiliation, if any, to be placed on the ballot or other similar voting materials to be used in the election with respect to which such rights are to be exercised; (2) such petition has at least 1,000 signatures of persons who are registered to vote in the district, or, if the State in which the district is located does not provide for voter registration, such petition must bear the signatures of at least 1,000 persons who are eligible to vote in that State and that district; (3) with respect to an election the date of which was fixed 345 or more days in advance, such petition was circulated during a period beginning on the 345th day and ending on the 75th day before the date of the election; and (4) with respect to an election the date of which was fixed less than 345 days in advance, such petition was circulated during a period established by the State holding the election, or, if no such period was established, during a period beginning on the day after the date the election was scheduled and ending on the thirtieth day before the date of the election. (b) Savings Provision.--Subsection (a) shall not apply with respect to any State that provides by law for greater ballot access rights than the ballot access rights provided for under such subsection. SEC. 4. RULEMAKING. The Attorney General shall make rules to carry out this Act. SEC. 5. GENERAL DEFINITIONS. As used in this Act-- (1) the term ``Congressional election'' means a general or special election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress; (2) the term ``State'' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States; (3) the term ``individual'' means an individual who has the qualifications required by law of a person who holds the office for which such individual seeks to be a candidate; (4) the term ``petition'' includes a petition which conforms to section 3(a)(1) and upon which signers' addresses and/or printed names are required to be placed; (5) the term ``signer'' means a person whose signature appears on a petition and who can be identified as a person qualified to vote for an individual for whom the petition is circulated, and includes a person who requests another to sign a petition on his or her behalf at the time when, and at the place where, the request is made; (6) the term ``signature'' includes the incomplete name of a signer, the name of a signer containing abbreviations such as first or middle initial, and the name of a signer preceded or followed by titles such as ``Mr.'', ``Ms.'', ``Dr.'', ``Jr.'', or ``III''; and (7) the term ``address'' means the address which a signer uses for purposes of registration and voting.

Voter Freedom Act of 2003 - Declares that an individual shall have the right to be placed as a candidate on, and to have his or her political party, body, or group affiliation in connection with such candidacy placed on, a ballot or similar voting materials to be used in a congressional election, if certain conditions are met.Requires the individual to present a petition stating that its signers desire the individual's name and political party, body, or group affiliation, if any, to be placed on the ballot or other similar voting materials to be used in the election with respect to which such rights are to be exercised. Requires such petition to have at least 1,000 signatures of registered voters in the district, or, if the State in which the district is located does not provide for voter registration, to bear the signatures of at least 1,000 eligible voters in that State and district.Specifies the period during which a petition must be circulated.

{"src": "billsum_train", "title": "To enforce the guarantees of the first, fourteenth, and fifteenth amendments to the Constitution of the United States by prohibiting certain devices used to deny the right to participate in certain elections."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Health Savings Accounts Act of 2006''. SEC. 2. ESTABLISHMENT OF MEDICARE HEALTH SAVINGS ACCOUNTS. (a) Establishment.-- (1) In general.--Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is amended-- (A) by redesignating part E as part F; and (B) by inserting after part D the following new part: ``Part E--Medicare Health Savings Accounts ``entitlement to elect to receive benefits under medicare health savings accounts ``Sec. 1860E-1. (a) In General.--The Secretary shall establish procedures under which each eligible beneficiary (as defined in subsection (b)) shall be entitled to elect to receive benefits under a Medicare Health Savings Account under this part instead of benefits under parts A, B, or D. ``(b) Eligible Beneficiary Described.--An eligible beneficiary described in this subsection is an individual who-- ``(1) is entitled to benefits under part A or enrolled under part B; ``(2) has a health savings account (as defined in subsection (d) of section 223 of the Internal Revenue Code of 1986), or certifies that they will use funds provided under this part to establish such an account; and ``(3) is enrolled under a high deductible health plan (as defined in subsection (c)(2) of such section, except that section 223(c)(2)(A)(ii)(I) of such Code shall be applied by substituting `the amount in effect under clause (i)(I)' for `$5,000'). ``(c) Benefits To Be Available in 2007.--The Secretary shall establish the procedures under subsection (a) in a manner such that Medicare Health Savings Accounts are available for years beginning on or after January 1, 2007. ``(d) Preservation of Original Medicare Fee-for-Service Benefits.-- Nothing in this part shall be construed to limit the right of an individual who is entitled to benefits under part A or enrolled under part B to receive benefits under such part (or under part C or D) if an election to receive benefits under Medicare Health Savings Accounts under this part is not in effect with respect to such individual. ``(e) Rule of Construction.--Nothing in this part shall be construed as preventing an individual from depositing personal funds (subject to the contribution limitations under section 223 of the Internal Revenue Code of 1986) into a Medicare Health Savings Account. ``medicare health savings accounts program ``Sec. 1860E-2. (a) In General.--The Secretary shall establish a program to be known as the Medicare Health Savings Accounts program (in this part referred to as the `Medicare HSA program'). ``(b) Amount Provided to Enrollees.-- ``(1) Amount.--The Secretary shall establish procedures to ensure that, for each plan year an individual is enrolled in the Medicare HSA program, the Secretary shall provide to such individual an amount that is equal to 95 percent of the annual MA capitation rate (as calculated under section 1853(c)(1)) with respect to that individual for the Medicare Advantage payment area the individual is in. ``(2) Permissible use of amount.--The Secretary shall establish procedures to ensure that the amount provided under paragraph (1) is used only for the following purposes: ``(A) As a contribution into a health savings account established by such individual, as described in paragraph (2) of section 1860E-1(b). ``(B) For payment of premiums for enrollment of such individual under a high deductible health plan described in paragraph (3) of such section. ``(3) Notification of amount provided.--The Secretary shall ensure that, not later than the date that is 90 days before the date on which payment of the amount provided under paragraph (1) is made to an individual enrolled in the Medicare HSA program, such individual receives notification of such amount. Such information shall be made available on the website of the Centers for Medicare & Medicaid Services (based on the age and geographic location of the beneficiary) and through 1-800- MEDICARE. ``(4) Payment.--Payment of the amount provided under paragraph (1) shall be made from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund (including the Medicare Prescription Drug Account within such Trust Fund) in such proportion as the Secretary determines appropriate. ``(5) Recovery of amount provided in case of termination.-- ``(A) In general.--In the case of a termination of an election to receive benefits under this part as of a month before the end of a plan year, the Secretary shall provide for a procedure for the recovery of amounts provided attributable to the remaining months in such year. ``(B) Penalty.-- ``(i) In general.--In addition to the amount recovered under subparagraph (A), if the Secretary determines there was fraud involved in such termination, the Secretary may apply a civil money penalty of not more than 25 percent of the amount recovered. ``(ii) Civil money penalty.--The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this subparagraph in the same manner as they apply to a civil money penalty or proceeding under section 1128A(a). ``(c) Payment for Items and Services.--The Secretary shall establish procedures under which providers of services and suppliers (as defined in sections 1861(u) and 1861(d), respectively) are required to accept as payment for items and services provided to an individual enrolled in the Medicare HSA program under this part the amount that would otherwise be paid under the original Medicare fee-for-service program under parts A and B. ``election of benefits under medicare hsa program; termination of election ``Sec. 1860E-3. The Secretary shall establish procedures for the election of benefits, and the termination of such election, as appropriate, under the Medicare HSA program.''. (2) Conforming references to previous part e.--Any reference in law (in effect before the date of the enactment of this Act) to part E of title XVIII of the Social Security Act is deemed a reference to part F of such title (as in effect after such date). (b) Amendment of Internal Revenue Code of 1986.-- (1) In general.--Paragraph (7) of section 223(b) of the Internal Revenue Code of 1986 (relating to medicare eligible individuals) is amended to read as follows: ``(7) Medicare eligible individuals.--The limitation under this subsection for any month with respect to an individual shall be zero for any month such individual is entitled to benefits under part A, B, or D of title XVIII of the Social Security Act.''. (2) Effective date.--The amendment made by this subsection shall apply to taxable years beginning on or after January 1, 2007. (c) Sunset of MSA Provisions.--Section 1851(a)(2)(B) of the Social Security Act (42 U.S.C. 1395w-21(a)(2)(B)) is amended-- (1) by striking ``MSA.-- An MSA plan,'' and inserting the following: ``MSA.-- ``(i) Subject to clause (ii), an MSA plan,''; and (2) by inserting after clause (i), as added by paragraph (1), the following new clause: ``(ii) Beginning on January 1, 2007, the plan described in clause (i) shall not be available as a Medicare Advantage plan under this part.''.

Medicare Health Savings Accounts Act of 2006 - Amends title XVIII (Medicare) of the Social Security Act to establish a new part E (Medicare Health Savings Accounts) under which the Secretary of Health and Human Services shall establish procedures entitling each eligible beneficiary to elect to receive benefits under a Medicare Health Savings Account (HSA) instead of benefits under Medicare parts A (Hospital Insurance), B (Supplementary Medical Insurance), or D (Voluntary Prescription Drug Benefit Program). Amends the Internal Revenue Code to conform to this Act.

{"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to establish Medicare Health Savings Accounts."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Developing Responsible Individuals for a Vibrant Economy Act'' or the ``DRIVE-Safe Act''. SEC. 2. APPRENTICESHIP PROGRAM FOR COMMERCIAL DRIVERS UNDER THE AGE OF 21. (a) In General.--For purposes of this section, the term ``apprentice'' means an individual under the age of 21 who holds a commercial driver's license. (b) Apprentice.--An apprentice-- (1) may drive a commercial motor vehicle in interstate commerce while taking part in the 120-hour probationary period (as described in subsection (c)(1)) and the 280-hour probationary period (as described in subsection (c)(2)), pursuant to an apprenticeship program established by an employer that complies with the requirements of this section; and (2) may drive a commercial motor vehicle in interstate commerce once such apprentice completes such an apprenticeship program. (c) Form of Apprenticeship Program.--For purposes of this section, the term ``apprenticeship program'' means one that is defined and structured as follows: (1) 120-hour probationary period.-- (A) In general.--The apprentice shall complete 120 hours of on-duty time, of which at least 80 hours are driving time in a commercial motor vehicle. (B) Performance benchmarks.--In order to complete the 120-hour probationary period, an employer shall determine that the apprentice is competent in the following areas: (i) Interstate, light city traffic, rural two-lane, and evening driving. (ii) Safety awareness. (iii) Speed and space management. (iv) Lane control. (v) Mirror scanning. (vi) Right and left turns. (vii) Logging and complying with rules concerning hours of service. (2) 280-hour probationary period.-- (A) In general.--After completion of the requirements of paragraph (1), the apprentice shall complete 280 hours of on-duty time, of which at least 160 hours are driving time in a commercial motor vehicle. (B) Performance benchmarks.--In order to complete the 280-hour probationary period, an employer shall determine that the apprentice is competent in the following areas: (i) Backing and maneuvering in close quarters. (ii) Pre-trip inspections. (iii) Fueling procedures. (iv) Weighing loads, weight distribution, and sliding tandems. (v) Coupling and uncoupling procedures. (vi) Trip planning, truck routes, map reading, navigation, and permits. (vii) Transporting hazardous materials, if properly endorsed. (3) Restrictions for first period.--During the driving time described in paragraph (1), the apprentice may not operate a commercial motor vehicle on which hazardous materials placards are placed. (4) Restrictions for both periods.--During the driving time described in paragraphs (1) and (2)-- (A) the apprentice may only drive a commercial motor vehicle that has-- (i) automatic manual or automatic transmissions; (ii) active braking collision mitigation systems; (iii) forward-facing video event capture; and (iv) governed speeds of 65 miles per hour at the pedal and 65 miles per hour under adaptive cruise control; and (B) the apprentice shall be accompanied in the cab of the commercial motor vehicle by an experienced driver. (5) Records retention.--The employer shall maintain records, in a manner required by the Secretary of Transportation, concerning an apprentice's satisfaction of the requirements of paragraphs (1)(B) and (2)(B). (6) Reportable incidents.--If the apprentice is involved in a preventable, reportable to the Department of Transportation accident or pointed moving violation while driving a commercial motor vehicle as part of an apprenticeship program described in this section, the apprentice shall undergo remediation and additional training, until such apprentice can demonstrate to the employer's satisfaction the performance benchmarks described in paragraphs (1)(B) and (2)(B). (7) Completion of program.--The apprentice completes the apprenticeship program on the date such apprentice completes the probationary period described in paragraph (2). (8) Minimum requirements.-- (A) In general.--Nothing in this Act shall preclude an employer from imposing additional requirements on an apprentice taking part in an apprenticeship program established pursuant to this section. (B) Technologies.--Nothing in this Act shall preclude an employer from requiring or installing additional technologies in a commercial motor vehicle in addition to the technologies described in paragraph (4)(A). (d) Definitions.--In this section: (1) The term ``commercial motor vehicle'' has the meaning given such term in section 390.5 of title 49, Code of Federal Regulations, as in effect on the date of enactment of this Act. (2) The term ``driving time'' has the meaning given such term in section 395.2 of title 49, Code of Federal Regulations, as in effect on the date of enactment of this Act. (3) The term ``experienced driver'' means an individual who-- (A) is at least 21 years of age; (B) has held a commercial driver's license for the 2 years preceding the date on which such individual serves as an experienced driver; (C) has had no preventable, reportable to the Department of Transportation accidents or pointed moving violations for the year preceding the date on which such individual serves as an experienced driver; and (D) has a minimum of 1 year of experience driving a commercial motor vehicle in interstate commerce. (4) The term ``on-duty time'' has the meaning given such term in section 395.2 of title 49, Code of Federal Regulations, as in effect on the date of enactment of this Act. (5) The term ``pointed moving violation'' means a violation that results in points being added to the license of a driver, or a similar violation that the Secretary determines is comparable. (e) Issuance of Regulations.--Not later than 1 year after the date of enactment of this Act, the Secretary shall issue regulations that comply with the requirements of this Act.

Developing Responsible Individuals for a Vibrant Economy Act or the DRIVE-Safe Act This bill directs the Department of Transportation to issue regulations relating to an apprenticeship program for licensed commercial motor vehicle drivers under the age of 21.

{"src": "billsum_train", "title": "Developing Responsible Individuals for a Vibrant Economy Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cross-Border Cooperation in Northern Europe Act of 2005''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Northern Europe is a vital part of Europe and one that offers continuing opportunities for United States investment. (2) Northern Europe offers an excellent opportunity to continue to implement the United States vision of a secure, prosperous, and stable Europe, in part because of-- (A) historical tradition of regional cooperation; (B) the opportunity to engage the Russian Federation in positive, cooperative activities with its neighbors to the west; (C) commitment by the Nordic and Baltic states to regional cooperation and integration into western institutions; and (D) long-standing, strong ties with the United States. (3) In 1997, the United States established the Northern Europe Initiative (NEI) which provided a conceptual and operational framework for United States policy in the region, focused on developing a regional network of cooperation in the important areas of business and trade promotion, law enforcement, the environment, energy, civil society, and public health. (4) Since then the United States Northern Europe Initiative has sponsored a wide variety of regional and cross-border projects, including the following: (A) A United States-Lithuanian training program for entrepreneurs from Belarus and Kaliningrad. (B) The Great Lakes-Baltic Sea Partnership program implemented by the Environmental Protection Agency. (C) A Center of Excellence for Treatment of Multidrug-Resistant Tuberculosis in Riga, Latvia. (D) A regional HIV/AIDS strategy developed under United States and Finnish leadership. (E) Multiple efforts to combat organized crime, including regional seminars for police officers and prosecutors. (F) Programs to encourage reform of the Baltic electricity market and encourage United States investment in such market. (G) Language and job training programs for Russian- speaking minorities in Latvia and Estonia to promote social integration in those countries. (H) A mentoring partnership program for women entrepreneurs in the northwest region of Russia and the Baltic states, as part of broader efforts to promote women's participation in political and economic life. (5)(A) With the then pending accession of Estonia, Latvia, and Lithuania to the European Union (EU) and the North Atlantic Treaty Organization (NATO), the United States recognized the need for new policy approaches to Northern Europe. In 2003, the United States established the Enhanced Partnership in Northern Europe (e-PINE). (B) The United States Enhanced Partnership in Northern Europe provides the conceptual and operational framework for United States policy in the region, focused on developing a regional network of collaboration between Nordic and Baltic countries and the United States in promoting cooperative security, vibrant economies, and healthy societies within Northern Europe and beyond its borders. (C) Much of the focus of the Enhanced Partnership in Northern Europe has been on collaboratively extending the lessons learned from the success of Baltic states to other countries in the region. (D) Though primarily policy-oriented in focus, the Enhanced Partnership in Northern Europe has also sponsored projects and initiatives in the region, including the following: (i) Several joint projects between the United States and Latvia and Lithuania focused on democracy promotion and institution building in Belarus. (ii) A mentoring partnership program for women entrepreneurs in the northwest region of the Russian Federation, Finland, the Baltic states, Belarus, and Ukraine, as part of broader efforts to promote women's participation in political and economic life. (iii) An outreach program to bring parliamentarians in the Baltic states to the United States. (6) The United States commends European Union efforts in Northern Europe associated with the EU's ``Northern Dimension'' which is designed to address challenges in Northern Europe with regard to economic development, protection of the environment, the safety and containment of nuclear materials, and other issues. (7) While the European Union, its member states, and other European countries should clearly take the lead in addressing the challenges posed in Northern Europe and the wider region, in particular through appropriate yet substantial assistance provided by the European Union, the United States Enhanced Partnership in Northern Europe, and this Act are intended to supplement such efforts and build on the considerable assistance that the United States has already provided to the Baltic states and the Russian Federation. Partnership with other countries in the region means modest United States investment can have significant impact. (b) Purpose.--The purpose of this Act is to demonstrate concrete support for continued cross-border cooperation in Northern Europe. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the United States Enhanced Partnership in Northern Europe (e-PINE) is a sound framework for future United States involvement in Northern Europe; (2) the European Union should continue to authorize and fund the `Northern Dimension' Initiative at appropriate yet substantial levels of assistance and that the United States and the European Union should continue to work collaboratively on issues of mutual interest; and (3) the United States should continue to support a wide- ranging strengthening of democratic and civic institutions on a regional basis to provide a foundation for political stability and investment opportunities, including cross-border exchanges, in Northern Europe and neighboring countries. SEC. 4. SUPPORT FOR UNITED STATES ENHANCED PARTNERSHIP IN NORTHERN EUROPE (E-PINE) PROJECTS. (a) Availability of Amounts From East European and the Baltic States Assistance.--Of the amounts available for fiscal year 2006 to carry out the provisions of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) and the Support for Eastern European Democracy (SEED) Act of 1989 (22 U.S.C. 5401 et seq.) for assistance and for related programs for Eastern Europe and the Baltic States, not more than $2,000,000 is authorized to be available for the projects described in subsection (c). (b) Availability of Amounts From Independent States of the Former Soviet Union.--Of the amounts available for fiscal year 2006 to carry out the provisions of chapter 11 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2295 et seq.) and the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 (22 U.S.C. 5801 et seq.) for assistance for the independent states of the former Soviet Union and related programs, such sums as may be necessary are authorized to be available for the projects described in subsection (c). (c) Projects Described.--The projects described in this subsection are United States Enhanced Partnership in Northern Europe (e-PINE) projects relating to, but not exclusively, regional security, democracy promotion, democratic institution building, economic growth, environmental cleanup, law enforcement, public health, energy, business and trade promotion, and civil society. SEC. 5. DEFINITIONS. In this Act: (1) Northern europe.--The term ``Northern Europe'' means the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania, the Kingdom of Denmark, the Republic of Finland, the Republic of Iceland, the Kingdom of Norway, and the Kingdom of Sweden. (2) United states enhanced partnership in northern europe (e-pine).--The term ``United States Enhanced Partnership in Northern Europe'' or ``Enhanced Partnership in Northern Europe'' (commonly referred to as ``e-PINE'') means the partnership formed in 2003 between the United States and the countries of Northern Europe to promote security, economic growth, and healthy societies in the region and appropriate neighboring countries through policy coordination and collaboration. (3) United states northern europe initiative (nei).--The term ``United States Northern European Initiative'' or ``Northern European Initiative'' (commonly referred to as ``NEI'') means the framework agreement established in 1997 between the United States and the countries of Northern Europe (including the northwest region of the Russian Federation (including Kaliningrad), the Republic of Belarus, and the Republic of Poland) to promote stability in the Baltic Sea region and to strengthen key institutions and security structures of the United States and the countries of Northern Europe. SEC. 6. REPEAL. The Cross-Border Cooperation and Environmental Safety in Northern Europe Act of 2000 (Public Law 106-255) is hereby repealed.

Cross-Border Cooperation in Northern Europe Act of 2005 - Expresses the sense of Congress that the United States should support a wide-ranging strengthening of democratic and civic institutions in Northern Europe (Estonia, Latvia, Lithuania, Denmark, Finland, Iceland, Norway, and Sweden) to provide a foundation for political stability and investment opportunities. Obligates funds from assistance available to Eastern Europe, the Baltic States, and the Independent States of the former Soviet Union for United States Enhanced Partnership in Northern Europe (e-PINE) projects. Repeals The Cross-Border Cooperation and Environmental Safety in Northern Europe Act of 2000.

{"src": "billsum_train", "title": "To foster cross-border cooperation in Northern Europe."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Urgent Counter-Terrorism Supplemental Appropriations Act, 2002''. SEC. 2. STATEMENT OF APPROPRIATION. The following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for fiscal year 2002, and for other purposes. TITLE I--APPROPRIATION AND TRANSFERS OF FUNDS SEC. 101. APPROPRIATION. In addition to the amounts provided in any other Act, there is hereby appropriated $6,548,000,000 to the ``Defense Emergency Response Fund'' only for the purpose of upgrading critical defense and intelligence capabilities to fight the war on terrorism and to recover from the attacks of September 11, 2001. SEC. 102. TRANSFERS OF FUNDS. Notwithstanding any other provision of law or this Act, within 15 days after the President makes an emergency designation under section 301 for any amount specified in any section of title II, the Secretary of Defense shall transfer the requisite funds appropriated by section 101 to appropriate accounts in the Treasury in accordance with the allocations specified in title II. TITLE II--ALLOCATION OF FUNDS SEC. 201. ANTI-TERRORISM INTELLIGENCE UPGRADES. To upgrade and improve the effectiveness of counter-terrorism intelligence collection and analysis, to better protect intelligence resources from terrorist attack, and to accelerate the installation of real-time linkages between intelligence systems and military warfighting platforms, $2,001,000,000 of the funds appropriated in section 101 shall be allocated as follows: (1) $368,000,000 shall be available only to improve Department of Defense and intelligence agency human intelligence collection capabilities against terrorist organizations to include additional manpower, additional analytical capability, and agent operation expenses. (2) $245,000,000 shall be available only to the Director of Central Intelligence to support critical foreign counter- intelligence force protection requirements and to provide additional counter-terrorism assistance to the Federal Bureau of Investigation in accordance with law. (3) $80,000,000 shall be available only to the Director of Central Intelligence to upgrade counter-terrorism intelligence tasking, processing, exploitation, and dissemination capabilities. (4) $55,000,000 shall be available only to the Secretary of Defense to upgrade counter-terrorism intelligence tasking, processing, exploitation, and dissemination capabilities. (5) $497,000,000 shall be available only to procure and support the enhancement and deployment of additional Intelligence, Surveillance, and Reconnaissance assets in support of Operation Enduring Freedom and follow-on anti- terrorist operations. (6) $159,000,000 shall be available only to enhance Navy and Air Force electronic networking of assets and time critical targeting capabilities. (7) $182,000,000 shall be available only to procure Link 16 systems for tactical ISR platforms to allow real time data exchange between combat and command and control platforms. (8) $415,000,000 shall be available only to the Director of Central Intelligence, in consultation with the Secretary of Defense, for intelligence agency physical security upgrades, data survivability/continuity enhancements, and satellite infrastructure improvements. SEC. 202. CHEMICAL AND BIOLOGICAL WARFARE DEFENSE CAPABILITIES. To upgrade and improve the ability of the United States to detect, prevent and respond to chemical and biological warfare terrorist attacks at home and abroad, $817,000,000 of the funds appropriated in section 101 shall be allocated as follows: (1) $307,000,000 shall be available only for rapid development and/or procurement and deployment of biological weapons detection systems and chemical/biological decontamination equipment at key military and civilian facilities. (2) $82,000,000 shall be available only to accelerate production of anthrax vaccines and smallpox vaccine samples, to develop next generation anthrax vaccines, and to develop, test, evaluate and procure new drug therapies to counter biological threat agents. (3) $185,000,000 shall be available only to equip existing Army National Guard Weapons of Mass Destruction Civil Support teams (WMD-CST teams) with mobile analytical laboratory capabilities and to establish, train and equip additional WMD- CST teams in the following States and territories in order to complete the objective of establishing WMD-CST teams in each State and territory: (A) Alabama. (B) Connecticut. (C) Delaware. (D) District of Columbia. (E) Indiana. (F) Kansas. (G) Maryland. (H) Michigan. (I) Mississippi. (J) Montana. (K) Nebraska. (L) New Hampshire. (M) New Jersey. (N) Nevada. (O) North Carolina. (P) North Dakota. (Q) Oregon. (R) Rhode Island. (S) South Dakota. (T) Tennessee. (U) Utah. (V) Vermont. (W) West Virginia. (X) Wisconsin. (Y) Wyoming. (Z) American Samoa. (AA) Guam. (BB) Puerto Rico and Virgin Islands. (4) $40,000,000 shall be available only for biological weapons proliferation prevention activities under the Cooperative Threat Reduction Program. Of such funds, $30,000,000 shall be transferred to ``Department of State-- Nonproliferation, Anti-Terrorism, Demining, and Related Programs'' only for the purpose of supporting expansion of the Biological Weapons Redirect and International Science and Technology Centers programs to prevent former Soviet weapons experts from emigrating to proliferant States and to reconfigure former Soviet biological weapons production facilities for peaceful uses. (5) $68,000,000 shall be available only to support and equip Marine Corps and Army chemical/biological warfare response teams, including the procurement of additional mobile decontamination units for these teams. (6) $25,000,000 shall be available only for the Army Chemical Stockpile Emergency Preparedness Program for State and Federal technical assistance projects to ensure public safety at chemical weapons storage facilities in the following States: (A) Alabama. (B) Arkansas. (C) Colorado. (D) Illinois. (E) Indiana. (F) Maryland. (G) Kentucky. (H) Oregon. (I) Utah. (J) Washington. (7) $60,000,000 shall be available only for the procurement of interoperable communications equipment to enable Army emergency response teams to communicate with local emergency response personnel. (8) $50,000,000 shall be available only to implement short- term facility repairs and improvements at the biocontainment research laboratories of the Army Medical Research Institute of Infectious Disease at Fort Detrick, Maryland, and the facilities of the Army Institute of Pathology (AFIP) at the Walter Reed Medical Center for the purpose of improving quick response to demands for confirmatory and diagnostic testing of potential biological threats and to accelerate the development of treatments and vaccines against biological agents. SEC. 203. SPECIAL FORCES COUNTER-TERRORISM CAPABILITY. To upgrade and improve the ability of Special Forces to successfully operate in Operation Enduring Freedom and future anti- terrorist operations, $755,000,000 of the funds appropriated in section 101 shall be allocated as follows: (1) $50,000,000 shall be available only for the procurement of AN/PRC 112B survival radios for SOF rescue/extraction teams to provide geo-location and low probability of intercept/ detection communications capability. (2) $90,000,000 shall be available only to procure common missile warning systems and improved conventional munitions dispensers for the MH-47 and MH-60 aircraft to enhance rotary wing survivability. (3) $125,000,000 shall be available only to support counter-terrorism full mission profile training to increase the probability of mission success and decrease the possibility of fratricide and to provide for shortfalls in flying hours necessary to conduct such training and operations. (4) $125,000,000 shall be available only to support survivability and mission enhancement upgrades for C-130, MH- 53, and other SOF aircraft. (5) $165,000,000 shall be available only to procure nonstandard weapons and ammunition, unconventional equipment and supplies, and other SOF unique counter-terrorism enhancements to current capabilities. (6) $200,000,000 shall be available only for SOCOM equipment sustainment and refurbishment, and for procurement of additional equipment. SEC. 204. MUNITIONS AND ESSENTIAL EQUIPMENT REPLENISHMENT AND UPGRADES. To ensure an adequate supply of precision guided weapons and other weapons and munitions to fully prosecute Operation Enduring Freedom and future potential anti-terrorist operations, and to provide for the rapid development and deployment of promising anti-terrorist weapons, WMD defense capabilities, and added support to key tactical warfare systems, $912,000,000 of the funds appropriated in section 101 shall be allocated as follows: (1) $250,000,000 shall be available only to accelerate the development and procurement of the tactical tomahawk cruise missile. (2) $180,000,000 shall be available only for the procurement of laser-guided bomb kits. (3) $125,000,000 shall be available only for procurement of Army and Marine Corps small arms, small arms ammunition, and night vision equipment. (4)(A) $250,000,000 shall be available only to ``Operational Rapid Response Transfer Fund'', to remain available for obligation until September 30, 2002, only for the accelerated research, development, test, evaluation, procurement, or deployment of military technologies, systems, or other equipment necessary for improving the capability to fight terrorism, protect the force, prepare for and respond to terrorist attacks, or improve the capabilities of key tactical systems. (B) The Secretary of Defense may transfer funds under this paragraph only to operation and maintenance accounts, procurement accounts, or research, development, test and evaluation accounts. (C) Of the funds under this paragraph, $75,000,000 shall be available only to support quick reaction activities to develop and deploy promising new weapons and other WMD defense capabilities that are recommended by the Department of Defense Combating Terrorism Technology Task Force. (D) The Secretary of Defense shall provide written notification to the congressional defense committees prior to the transfer of any amount under this paragraph in excess of $5,000,000 to a specific program, project, or activity. (E) None of the funds under this paragraph may be obligated for new start projects without prior notification to the congressional defense committees in conformance with normal reprogramming procedures and guidelines. (5) $107,000,000 shall be available only to improve secure communications capabilities of the Army Reserve components by providing hardening, redundancy, storage, and information assurance for network infrastructure. SEC. 205. FORCE PROTECTION AND RECOVERY ACTIVITIES. To upgrade physical security at Department of Defense and intelligence agency installations, and to accelerate efforts to repair, reconstruct, and renovate the Pentagon Reservation, $966,000,000 of the funds appropriated in section 101 shall be allocated as follows: (1)(A) $800,000,000 shall be available only to finance accelerated building renovation activities for military command centers and related activities at the Pentagon Reservation in order to accelerate completion of the Pentagon renovation project by at least 4 years from the current estimated completion date of 2014. (B) None of the funds under this paragraph shall be obligated until 15 days after the Secretary of Defense has submitted to the Congress a revised Pentagon renovation plan to include estimated total costs by year and by function, a comprehensive construction schedule, an assessment of the security and operational benefits derived from an accelerated schedule, and a certification that it is the Secretary's best estimate that expenditure of such funds will accelerate the final completion of the Pentagon renovation by at least 4 years. (2) $45,000,000 shall be available only to procure patrol boat equipment in support of enhanced Navy capabilities to maintain threat standoff distances in foreign ports. (3) $30,000,000 shall be available only to procure security equipment identified by the Navy to be necessary to increase the security of military sealift ships. (4) $25,000,000 shall be available only to upgrade firefighting self contained breathing equipment on Navy surface ships. (5) $31,000,000 shall be available only for Navy and Air Force anti-access equipment. (6) $25,000,000 shall be available only for Army anti- access equipment. (7) $10,000,000 shall be available only to modernize the USS Comfort and USS Mercy hospital ships. SEC. 206. ESSENTIAL AIRCRAFT UPGRADES. To make essential upgrades and improvements in aircraft capabilities for operating in the Central Asia region, $602,000,000 of the funds appropriated in section 101 shall be allocated as follows: (1) $88,000,000 shall be available only for the procurement of additional decoys, armor, and other self-protection upgrades for Air Force aircraft. (2) $55,000,000 shall be available only for the procurement of additional laser detecting sets and other self protection and engine upgrades for Army (including SOCOM) helicopters. (3) $48,000,000 shall be available only for the procurement of crashworthy UH-60 helicopter extended range fuel tanks. (4) $129,000,000 shall be available only to accelerate planned electronic self protection, communications, navigation, and engine upgrade modifications to combat search and rescue helicopters. (5) $67,000,000 shall be available only to procure additional Litening targeting pods for AV-8B Harrier aircraft. (6) $70,000,000 shall be available only to upgrade strategic communications systems for the national airborne command post. (7) $145,000,000 shall be available only to improve the reliability of B-52 electronics and the maintainability of B-2 surfaces. SEC. 207. OPERATION ENDURING FREEDOM OPERATIONAL COSTS. To ensure that the military services are not required to make reductions in essential training, readiness, equipment maintenance, quality of life, or research and development programs in order to pay for the unbudgeted and unpredictable operational costs of Operation Enduring Freedom, and to ensure that the aging equipment being used in Operation Enduring Freedom is properly maintained, $495,000,000 of the funds appropriated in section 101 shall be allocated as follows: (1) $220,000,000 shall be available only to supplement the defense working capital funds for increased fuel, base operations, and training costs. (2) $200,000,000 shall be available only for additional spare parts to support Operation Enduring Freedom. (3) $75,000,000 shall be available only for increased depot maintenance requirements resulting from Operations Noble Eagle and Enduring Freedom. TITLE III--GENERAL PROVISIONS SEC. 301. EMERGENCY DESIGNATION. The entire amount specified in any section of title II-- (1) is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985; and (2) shall be available only if an official budget request for the entire amount contained in such section, that includes designation of the entire amount as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, is transmitted by the President to the Congress. SEC. 302. REPORTING REQUIREMENT. Within 15 days after the President makes an emergency designation under section 301 for the amount specified in any section of title II, the Secretary of Defense shall provide to the Congress a report specifying the accounts to which the funds involved are to be transferred and project level budget justifications for each transfer. SEC. 303. MERGER OF AMOUNTS. Funds transferred under this Act shall be merged with, and shall be available for the same time period as, the appropriations to which the funds are transferred. SEC. 304. AUTHORIZATION OF FUNDS FOR INTELLIGENCE ACTIVITIES. Funds transferred under this Act to accounts for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 414).

Urgent Counter-Terrorism Supplemental Appropriations Act, 2002 - Appropriates additional funds for FY 2002 to the Defense Emergency Response Fund solely for upgrading critical defense and intelligence capabilities to fight the war on terrorism and recover from the terrorist attacks of September 11, 2001.Allocates such funds to the following categories: (1) anti-terrorism intelligence upgrades, including funds for the Department of Defense and the Central Intelligence Agency; (2) chemical and biological warfare defense capabilities, including funds for detection systems, vaccines, mobile laboratories, and public safety at chemical weapons storage facilities; (3) special forces counter-terrorism capability, including for survival radios, common missile warning systems, and nonstandard and unconventional weapons and equipment; (4) munitions and essential equipment replenishment and upgrades; (5) force protection and recovery activities, including renovations of the Pentagon Reservation; (6) essential aircraft upgrades; and (7) Operation Enduring Freedom operational costs.Designates all such funds as an emergency requirement under the Balanced Budget and Emergency Deficit Control Act of 1985, limiting their availability unless Congress receives a presidential budget request for the entire amount in such category.

{"src": "billsum_train", "title": "To make additional emergency supplemental appropriations for fiscal year 2002 for urgent counter-terrorism activities."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Government Interstate Waste Control Act''. SEC. 2. INTERSTATE TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID WASTE. (a) In General.--Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) is amended by adding at the end the following new section: ``SEC. 4011. INTERSTATE TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID WASTE. ``(a) Restriction on Receipt of Out-Of-State Waste.-- ``(1) In general.-- ``(A) Authorization.--Subject to subsections (b) and (e), the owner or operator of a facility that is a landfill or incinerator in a State may not receive for disposal or incineration any out-of-State municipal solid waste unless the owner or operator obtains authorization to receive the waste from the affected local government. ``(B) Requirements for authorization.--An authorization granted pursuant to subparagraph (A) shall be-- ``(i) granted by formal action at a meeting; ``(ii) recorded in writing in the official record of the meeting; and ``(iii) final. ``(2) Information.--Prior to taking formal action with respect to granting authorization to receive out-of-State municipal solid waste pursuant to this subsection, an affected local government shall require the owner or operator of the facility seeking the authorization to provide the following information (which the government shall make readily available to the Governor of the State, each adjoining local government and Indian tribe, and any other interested person for inspection and copying): ``(A) A brief description of the facility, including the size of, ultimate waste capacity of, and the anticipated monthly and yearly quantities (expressed in terms of volume) of waste to be handled by-- ``(i) the facility as in existence on the date of provision of the information; and ``(ii) the facility, including any planned expansion. ``(B) A map of the facility site indicating location in relation to the local road system and topography and hydrogeological features. The map shall indicate any buffer zones to be acquired by the owner or operator as well as all facility units. ``(C) A description of the environmental characteristics of the site, as in existence on the date of provision of the information, including information regarding ground water resources, and a discussion of alterations in the characteristics of the site that may be necessitated by, or occur as a result of, the facility. ``(D) A description of appropriate environmental controls to be used on the site, including runon or runoff management (or both), air pollution control devices, source separation procedures (if any), methane monitoring and control, landfill covers, liners or leachate collection systems, and monitoring programs. In addition, the description shall include a description of any waste residuals generated by the facility, including leachate or ash, and the planned management of the residuals. ``(E) A description of site access controls to be employed, and roadway improvements to be made, by the owner or operator, and an estimate of the timing and extent of increased local truck traffic. ``(F) A list of all required Federal, State, and local permits. ``(G) Estimates of the personnel requirements of the facility, including information regarding the probable skill and education levels required for jobs at the facility. To the extent practicable, the information shall distinguish between employment statistics for skill and education levels required prior to operation of the facility, and the statistics for the levels required on or after the first day of operation of the facility. ``(H) Any information that is required by State law to be provided with respect to any violation of environmental laws (including regulations) by the owner, the operator, and any subsidiary of the owner or operator, the disposition of enforcement proceedings taken with respect to the violation, and corrective action and rehabilitation measures taken as a result of the proceedings. ``(I) Any information that is required by State law to be provided with respect to gifts and contributions made by the owner and operator. ``(J) Any information that is required by State law to be provided by the owner or operator with respect to compliance by the owner or operator with the State solid waste management plan in effect pursuant to section 4007. ``(3) Notification prior to formal action.--Prior to taking formal action with respect to granting authorization to receive out-of-State municipal solid waste pursuant to this subsection, an affected local government shall-- ``(A) notify the Governor, adjoining local governments, and any adjoining Indian tribes, of the proposed action; ``(B)(i) publish notice of the action in a newspaper of general circulation at least 30 days before holding a hearing and again at least 15 days before holding the hearing; or ``(ii) if State law provides for an alternate form of public notification, provide such notification concerning the action; and ``(C) provide an opportunity for public comment on the action, including at least 1 public hearing, in accordance with State law. ``(4) Notification of action.--The local government shall notify the Governor, adjoining local governments, and any adjoining Indian tribes of an authorization granted under this subsection. ``(b) Limitations on Applicability.-- ``(1) Landfills and incinerators in operation or under construction.--Subsection (a) shall not apply to an owner or operator of a facility that is a landfill or incinerator with respect to the landfill or incinerator if-- ``(A)(i) during the 1-year period preceding the date of enactment of this section, the owner or operator received at the landfill or incinerator, in accordance with State law (as in effect during the 1- year period), documented shipments (within the meaning of paragraph (2)) of out-of-State municipal solid waste; or ``(ii) before the date of enactment of this section, entered into a host agreement or otherwise obtained legally binding, documented authorization from the affected local government to accept out-of-State municipal solid waste; and ``(B)(i) with respect to a landfill, the landfill is in compliance with all applicable Federal and State laws (including regulations) relating to design and location standards, leachate collection, ground water monitoring, and financial assurance for closure and post-closure care and corrective action; or ``(ii) with respect to an incinerator, the incinerator is in compliance with the applicable requirements of section 129 of the Clean Air Act (42 U.S.C. 7429) and applicable State laws and regulations relating to facility design. ``(2) Documentation of shipment.--For purposes of paragraph (1)(A)(i), a shipment of municipal solid waste shall be considered a documented shipment if the owner or operator of the landfill or incinerator concerned provides documentation of the shipment (including the quantity, time, and place of the shipment) to the Governor of the State in which the landfill or incinerator is located. ``(c) Authority of Governor To Restrict Out-of-State Municipal Solid Waste Disposed of at Landfills.-- ``(1) In general.-- ``(A) Limitations on exempted landfills.-- ``(i) In general.--In response to a written request by each of an affected local government and an affected local solid waste planning unit (if the local solid waste planning unit exists under State law), a Governor may limit the quantity of out-of-State municipal solid waste received for disposal, during a 1-year period, at a landfill described in clause (ii) to a quantity equal to the quantity of out-of-State municipal solid waste received for disposal at the landfill during the 1-year period preceding the date of enactment of this section. ``(ii) Landfill.--The landfill referred to in clause (i) shall be a landfill in the State, the owner or operator of which is exempt, under subsection (b), from the requirements of subsection (a) on the basis of receiving shipments as described in subsection (b)(1)(A)(i). ``(B) Procedural requirements for request.--Prior to submitting a request under this subsection to limit the disposal of out-of State municipal solid waste, an affected local government and the affected local solid waste planning unit, if any, shall-- ``(i) provide notice and an opportunity for public comment concerning the proposed request; and ``(ii) after providing the notice and opportunity for public comment, take formal action concerning the proposed request at a public meeting. ``(2) Response by governor.--With respect to requests made by affected local governments under paragraph (1)(A), the Governor shall respond in a consistent manner that does not discriminate against any-- ``(A) particular landfill within the State; or ``(B) shipment of out-of-State municipal solid waste on the basis of State of origin. ``(3) Limitation on authority of governor.--A Governor may not exercise the authority granted under this subsection if the action would be inconsistent with State law or would result in the violation of or failure to perform any provision of a written, legally binding contract for disposal of out-of-State municipal solid waste at a landfill executed prior to the date of enactment. ``(d) Existing Agreements.-- ``(1) In general.--Nothing in this section is intended to affect an agreement in effect on the date of enactment of this section or other State law in effect on the date of enactment of this section (except as expressly provided otherwise in this section). ``(2) Availability of contracts.--The owner or operator of a landfill or incinerator that is exempt, under subsection (b), from the requirements of subsection (a), shall make available for inspection by the public, in the affected local community, a copy of each contract that the owner or operator has entered into for the disposal of out-of-State municipal solid waste at that landfill or incinerator. The owner or operator may redact any proprietary information contained in such a copy of a contract, but shall ensure that at least information relating to the volume of out-of-State municipal solid waste to be received, the source of the waste, and the duration of the contract, is apparent in the copy. ``(e) Applicability.-- ``(1) In general.--Except as provided in paragraph (2), this section applies in and to each State. ``(2) Rejection of applicability.--A State may exercise the option to become exempt from the requirements of this section if the State-- ``(A) notifies the Administrator (in a manner prescribed by the Administrator) that the State is exercising the option; and ``(B) in taking any appropriate action to reject the applicability of this section, makes specific reference to this section. ``(3) Acknowledgement of exemption.--On receipt of a notification by a State pursuant to paragraph (2)(A), the Administrator shall take such action as is appropriate to acknowledge the exemption of the State from the requirements of this section. ``(f) Definitions.--As used in this section: ``(1) Affected local government.--The term `affected local government', used with respect to a landfill or incinerator, means the elected officials of the city, town, borough, county, or parish, with primary jurisdiction over the use of the land on which the facility is located or proposed to be located. ``(2) Affected local solid waste planning unit.--The term `affected local solid waste planning unit' means a political subdivision of a State with authority relating to solid waste management planning in accordance with State law. ``(3) Host agreement.--The term `host agreement' means a written, legally binding agreement, lawfully entered into between an owner or operator of a landfill or incinerator and an affected local government that authorizes the landfill or incinerator to receive municipal solid waste generated outside the jurisdiction of the affected local government. ``(4) Municipal solid waste.-- ``(A) In general.--The term `municipal solid waste' means solid waste that is refuse (or refuse-derived fuel) generated by the general public or from residential, commercial, institutional, or industrial sources and that consists of paper, wood, yard wastes, food wastes, plastics, leather, rubber, or other combustible materials or noncombustible materials such as metal, glass, and rock. ``(B) Exclusions.--The term does not include-- ``(i) hazardous waste or waste containing polychlorinated biphenyls; ``(ii) industrial waste; ``(iii) medical waste; ``(iv) recyclable materials that have been separated from waste otherwise destined for disposal (either at the source of the waste or at processing facilities) or that have been managed separately from waste destined for disposal; and ``(v) materials and products returned from a dispenser or distributor to the manufacturer or an agent of the manufacturer for credit, evaluation, and possible reuse. ``(5) Out-of-state municipal solid waste.--The term `out- of-State municipal solid waste', used with respect to a State, means municipal solid waste generated outside of the State. ``(6) Owner or operator.--The term `owner or operator', used with respect to a landfill or incinerator, does not include-- ``(A) a State or affected local government that owns or operates the landfill or incinerator, if the facility is located within the jurisdiction of the State or the affected local government; or ``(B) a person who owns or operates a facility, if the facility receives only waste generated by the person.''. (b) Table of Contents Amendment.--The table of contents of the Solid Waste Disposal Act (42 U.S.C. prec. 6901) is amended by adding at the end of the items relating to subtitle D the following new item: ``Sec. 4011. Interstate transportation and disposal of municipal solid waste.''.

Local Government Interstate Waste Control Act - Amends the Solid Waste Disposal Act to prohibit owners or operators of landfills or incinerators from receiving out-of-State municipal solid waste unless they obtain authorization from the affected local government. Exempts from such prohibition: (1) landfills or incinerators that, during the one-year period preceding this Act's enactment date, received documented shipments of out-of-State municipal solid waste or, before this Act's enactment date, obtained authorization to accept such waste; (2) landfills in compliance with all Federal and State laws and regulations concerning design and location, leachate collection, groundwater monitoring, and financial assurance for closure and post-closure care and corrective action; or (3) incinerators in compliance with specified requirements of the Clean Air Act and State laws and regulations relating to facility design. Permits a Governor, if requested by an affected local government and local solid waste planning unit, to limit the amount of out-of-State waste, during a one-year period, received by landfills exempted from authorization requirements as a result of receiving documented shipments of such waste during the one-year period preceding this Act's enactment date. Requires owners or operators of landfills or incinerators exempt from this Act's requirements to make contracts entered into for the disposal of out-of-State waste available to the public for inspection. Permits States to exercise the option to become exempt from this Act's requirements if they notify the Administrator of the Environmental Protection Agency and make specific reference to this Act in taking any appropriate action to reject this Act's applicability.

{"src": "billsum_train", "title": "Local Government Interstate Waste Control Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Facilities Clean Water Compliance Act of 1997''. SEC. 2. APPLICATION OF CERTAIN PROVISIONS TO FEDERAL FACILITIES. Section 313(a) of the Federal Water Pollution Control Act (33 U.S.C. 1323(a)) is amended by striking the third sentence and all that follows through the period at the end of the last sentence and inserting the following: ``The Federal, State, interstate, and local substantive and procedural requirements, administrative authority, and process and sanctions referred to in this subsection include, but are not limited to, all administrative orders and all civil and administrative penalties and fines, regardless of whether such penalties or fines are punitive or coercive in nature or are imposed for isolated, intermittent, or continuing violations. The United States hereby expressly waives any immunity otherwise applicable to the United States with respect to any such requirement, administrative authority, and process and sanctions (including, but not limited to, any injunctive relief, administrative order or civil or administrative penalty or fine referred to in the preceding sentence, or reasonable service charge). The reasonable service charges referred to in this subsection include, but are not limited to, fees or charges assessed in connection with the processing and issuance of permits, renewal of permits, amendments to permits, review of plans, studies, and other documents, and inspection and monitoring of facilities, as well as any other nondiscriminatory charges that are assessed in connection with a Federal, State, interstate, or local water pollution regulatory program. No agent, employee, or officer of the United States shall be personally liable for any civil penalty under any Federal, State, interstate, or local water pollution law with respect to any act or omission within the scope of the official duties of the agent, employee, or officer. An agent, employee, or officer of the United States shall be subject to any criminal sanction (including, but not limited to, any fine or imprisonment) under any Federal or State water pollution law, but no department, agency, or instrumentality of the executive, legislative, or judicial branch of the Federal Government shall be subject to any such sanction.''. SEC. 3. FEDERAL FACILITY ENFORCEMENT. Section 309 of the Federal Water Pollution Control Act (33 U.S.C. 1319) is amended by adding at the end the following: ``(h) Federal Facility Enforcement.-- ``(1) Compliance orders.-- ``(A) In general.--Whenever on the basis of any information available to him-- ``(i) the Administrator determines that any department, agency, or instrumentality of the United States has violated or is in violation of section 301, 302, 306, 307, 308, 311, 318, or 405 of this Act, or has violated or is in violation of any permit condition or limitation implementing any such section in a permit issued under section 402 of this Act by the Administrator or by a State, or in a permit issued under section 404 of this Act by a State, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of this Act, or any requirement imposed under section 402(b)(9) of this Act; ``(ii) the Secretary of the Army determines that any department, agency, or instrumentality of the United States has violated or is in violation of section 301 with regard to discharges of dredged or fill material or any condition or limitation in a permit issued under section 404 of this Act; and ``(iii) the Secretary of the department in which the Coast Guard is operating determines that any department, agency, or instrumentality of the United States has violated any provision of section 311 of this Act or any of its implementing regulations; the Administrator or Secretary, as applicable, may issue an order to assess an administrative penalty for any past or current violation or require compliance or correction of any past or current violation immediately or within a specified time period, or both. ``(B) Required terms.--Any order issued under this subsection-- ``(i) by the Administrator may include a suspension or revocation of any permit issued by the Administrator or a State under sections 402 and 404 of this Act; and ``(ii) by the Secretary of the Army may include a suspension or revocation of any permit issued by the Secretary of the Army under section 404 of this Act; and shall state with reasonable specificity the nature of the violation. Any penalty assessed in the order shall not exceed $25,000 per day for each violation. ``(2) Public hearing.--Any order under this section shall become final unless, not later than 30 days after the order is served, a department, agency, or instrumentality of the United States named therein requests a public hearing. Upon such request, the Administrator or Secretary, as applicable, shall promptly conduct a public hearing. Such public hearing shall be conducted in accordance with section 554 of title 5, United States Code. In connection with any proceeding under this subsection, the Administrator or Secretary may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents and may promulgate rules for discovery procedures. ``(3) Violation of compliance orders.--If a violator fails to take corrective action within the time specified in an order issued under paragraph (1)-- ``(A) the Administrator or Secretary, as applicable, may assess a civil penalty of not more than $25,000 for each day of continued noncompliance with the order; and ``(B)(i) the Administrator may suspend or revoke any permit issued pursuant to section 402 or 404 of this Act which is the subject of the order, whether issued by the Administrator or the State; and ``(ii) the Secretary of the Army may suspend or revoke any permit issued pursuant to section 404 of this Act. ``(4) Determination of amount of penalty.--In determining the amount of any penalty assessed under this subsection, the Administrator or Secretary, as the case may be, shall consider the seriousness of each violation or violations, the violator's economic benefit or savings (if any) resulting from each violation, any history of prior violations, any good-faith efforts to avoid noncompliance or to comply with the applicable requirements, the violator's ability to pay the penalty, and such other matters in mitigation and aggravation as justice may require. ``(5) Emergency orders at federal facilities.--The Administrator may issue an emergency administrative order to, and assess an administrative penalty for violations of the order against, a Federal agency under the same circumstances as an emergency order may be issued to, and such penalty for violation of such order may be assessed, against any other person under this title. ``(6) Consultation with the administrator.--No administrative order, including any emergency order or field citation, issued to a Federal department, agency or instrumentality under this subsection shall become final until such department, agency, or instrumentality has had the opportunity to confer with the Administrator. ``(7) Existing compliance orders.--Nothing in this section shall be construed to alter, modify, or change in any manner any Federal facility compliance agreement, permit, administrative order or judicial order that is in effect on the effective date of this subsection. ``(8) Actions and rights of interested persons.--No administrative action which has been commenced by the Administrator or the Secretary under this subsection with respect to a violation shall preclude a civil enforcement action under section 505 of this Act for the same violation or violations. ``(9) Special rules.-- ``(A) Public notice.--Before issuing an order under this subsection, the Administrator or Secretary, as the case may be, shall provide public notice of and reasonable opportunity to comment on the proposed issuance of such order. ``(B) Presentation of evidence.--Any person who comments on a proposed order under this subsection shall be given notice of any hearing held under paragraph (2) and the order. In any hearing held under this subsection, such person shall have a reasonable opportunity to be heard and to present evidence. ``(C) Rights of interested persons to a hearing.-- If no hearing is held under paragraph (2), any person who commented on the proposed order may petition, within 30 days after the issuance of such order, the Administrator or Secretary, as the case may be, to set aside such order and to provide a hearing on the order. If the evidence presented by the petitioner in support of the petition is material and was not considered in the issuance of the order, the Administrator or Secretary shall immediately set aside such order and provide a hearing in accordance with paragraph (2). The affected Federal department, agency, or instrumentality shall be given notice of any hearing and shall be permitted to participate in such hearing. If the Administrator or Secretary denies a hearing under this subparagraph, the Administrator shall provide to the petitioner and to the affected Federal department, agency, or instrumentality, and publish in the Federal Register, notice of and the reasons for such denial. ``(D) Finality of order.--An order issued under this subsection shall become final 30 days after its issuance unless the order is withdrawn or a hearing is requested under paragraph (2) or (5). If such a hearing is denied, such order shall become final 30 days after such denial. If such a hearing is granted, the order shall become final 30 days after the decision to uphold the order or to issue a new order. ``(10) Citizen's civil action.--Any person may commence a civil action on his or her own behalf against-- ``(A) any Federal agency that is alleged to have violated or to be in violation of any order issued by the Administrator or the Secretary under this title; or ``(B) any Federal agency that fails, within 1 year of the effective date of a final order, to pay a penalty assessed by the Administrator or the Secretary under this subsection.''. SEC. 4. DETERMINATION OF AMOUNT OF CIVIL PENALTIES. The second sentence of section 309(d) of the Federal Water Pollution Control Act (33 U.S.C. 1319(d)) is amended by inserting ``the amount of any penalty previously imposed on the violator by a court or administrative agency for the same violation or violations,'' after ``economic impact of the penalty on the violator,''. SEC. 5. DEFINITION OF PERSON. (a) General Definitions.--Section 502(5) of the Federal Water Pollution Control Act (33 U.S.C. 1362(5)) is amended by inserting before the period at the end the following: ``and includes any department, agency, or instrumentality of the United States''. (b) Oil and Hazardous Substance Liability Program.--Section 311(a)(7) of such Act (33 U.S.C. 1321(a)(7)) is amended by inserting before the semicolon at the end the following: ``and any department, agency, or instrumentality of the United States''. SEC. 6. DEFINITION OF RADIOACTIVE MATERIAL. Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended by adding at the end the following: ``(21) The term `radioactive materials' includes source materials, special nuclear materials, and byproduct materials (as such terms are defined under the Atomic Energy Act of 1954) which are used, produced, or managed at facilities not licensed by the Nuclear Regulatory Commission.''.

Federal Facilities Clean Water Compliance Act of 1997 - Amends the Federal Water Pollution Control Act (the Act) to waive immunity of the United States with respect to Federal, State, interstate, and local requirements, administrative authorities, sanctions, and penalties concerning water pollution control. Absolves Federal employees of personal liability for civil penalties under water pollution control laws for acts or omissions within the scope of official duties. Makes Federal employees subject to criminal sanctions under Federal or State water pollution control laws, but prohibits applying criminal sanctions to Federal agencies. Permits the imposition of civil penalties or the issuance of compliance orders against Federal agencies determined to be in violation of specified water pollution control or permit requirements. Authorizes the suspension or revocation of permits. Permits the issuance of emergency administrative orders to, and penalties against, Federal agencies. Prohibits an administrative action commenced by the Administrator of the Environmental Protection Agency or the Secretary of the Army for violations by Federal facilities from precluding a civil enforcement action for the same violations. Permits citizen civil actions against Federal agencies alleged to have violated orders issued by the Administrator or the Secretary or that fail to pay a penalty within one year of the effective date of a final order. Includes Federal agencies within the definition of "person" for purposes of the Act.

{"src": "billsum_train", "title": "Federal Facilities Clean Water Compliance Act of 1997"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Microbicides Development Act of 2000''. SEC. 2. FINDINGS. (a) In General.--The Congress finds as follows: (1) Annually at least 1 billion people worldwide contracted one of eight sexually transmitted diseases (``STDs'')-- chlamydia, gonorrhea, syphilis, trichomoniasis, hepatitis B, herpes, human immunodeficiency virus (HIV), and human papilloma virus. Of these, hepatitis B, herpes, HIV, and human papilloma virus are incurable and represented two-thirds of the new infections. (2) In 1999, 15.4 million people in the United States acquired at least one of these eight diseases, the highest rate in the industrialized world. Five of the top 10 most frequently reported infectious diseases (87 percent of all cases) are sexually transmitted. At least 66 million Americans, over 1 in 3 adults aged 15-65, are now living with an incurable viral STD. (3) The total costs to the U.S. economy of STDs, excluding HIV infection, were approximately $16 billion. When the costs of sexually-transmitted HIV infection are included, that total rises to $23 billion. (4) STDs impose high human costs in pain, diminished quality of life, disability, and mortality. In women, STDs other than HIV can produce infertility, cancers, and numerous pregnancy-related complications, including ectopic pregnancy, spontaneous abortion, and stillbirth. Passed to a fetus or infant, these infections can cause low birthweight, pneumonia, neurologic damage, and congenital abnormalities. These infections also substantially enhance susceptibility to HIV infection. (5) Individuals of every age and every geographic, racial, cultural, socioeconomic, and religious background are affected by STDs. Some infections are so prevalent that almost everyone is at risk, with many perhaps unaware of their infected status. (6) Biologically and socially, women are more vulnerable to STDs than men. Many STDs are transmitted more easily from a man to a woman and are more likely to remain undetected in women, resulting in delayed diagnosis and treatment, and more severe complications. (7) In the United States, HIV morbidity and mortality remain highest among African Americans, who make up 13% of the U.S. population but accounted for almost half of AIDS deaths and new AIDS cases in 1998. For African American women between the ages 25 and 44 in the United States, AIDS now occupies second place as the cause of death. (8) In the United States as well as globally, adolescents and young adults are at highest risk of acquiring a sexually- transmitted infection. At least a quarter of all new cases of STDs occur in teens, two-thirds in people ages 15-24, so that by age 24, at least 1 in 3 sexually-active Americans will have contracted an STD. Teenage girls are at particular risk, behaviorally and physiologically. (9) The social, health, and economic burdens of STDs are especially severe for developing countries. Among women ages 15-49 in developing countries, STDs represent the second largest burdens of mortality and disability. Only ``maternal causes,'' that is, immediate complications of pregnancy and childbirth, rank higher. (10) AIDS is rapidly becoming a ``women's epidemic.'' In the United States, women now constitute the fastest growing group of those newly infected with HIV and in Africa, more women are becoming infected with HIV than are men. Worldwide, almost half of the approximately 14,000 adults infected daily with HIV in 1998 were women, of whom 9 out of 10 live in developing countries. (b) Microbicides.--The Congress finds as follows: (1) Since the early 1990s, ``topical microbicides'' have attracted scientific attention as a possible new technology for preventing STDs, including HIV. Like today's spermicides, microbicides would be used vaginally by women to help protect themselves, their partners, and their infants from the sexual transmission of HIV and other STD pathogens. These compounds could be formulated in a number of ways--as a gel, film, sponge or time released-capsule--and could be used in addition to condoms or as an alternative when condom use is not possible. (2) For individuals needing to use them without partner knowledge or consent, safe, effective, acceptable, and affordable topical microbicides could be formulated to be undetectable. TITLE I--MICROBICIDE RESEARCH AT THE NATIONAL INSTITUTES OF HEALTH SEC. 101. PROGRAM REGARDING MICROBICIDES FOR PREVENTING TRANSMISSION OF SEXUALLY TRANSMITTED DISEASES. 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 following section: ``microbicides for preventing transmission of sexually transmitted diseases ``Sec. 409B. (a) Expansion and Coordination of Activities.--The Director of NIH (referred to in this section as the `Director') shall expand, intensify, and coordinate the activities of the Institute with respect to research on the development of microbicides to prevent the transmission of sexually transmitted diseases, including HIV (in this section referred to as `microbicide research'). ``(b) Coordination.--The Director shall coordinate the activities under subsection (a) as outlined in subparagraph (c)(1) among all appropriate institutes and components of the National Institutes of Health to the extent such institutes and components have responsibilities that are related to the development of microbicides. ``(c) Program for Microbicide Development.--In carrying out subsection (a), the Institute shall establish a program to support research to develop microbicides that can substantially reduce transmission of sexually transmitted infections. Activities under such subsection shall provide for an expansion and intensification of the conduct and support of-- ``(1) basic research on the initial mechanisms of infection by sexually transmitted pathogens; ``(2) development of appropriate animal models for evaluating safety and efficacy of microbicides; ``(3) development of mucosal delivery systems; ``(4) research on approaches to the design of contraceptive and non-contraceptive microbicides; ``(5) clinical trials; and ``(6) behavioral research on use, acceptability and compliance with microbicides. ``(d) Implementation Plan.--The Director, in coordination with institute directors as described in subsection (b), shall develop and implement a plan to ensure that the research programs described in paragraph (c)(1) are implemented in accordance with a plan for such programs. Such plan shall include the comments of the Director and shall include, but not be limited to, the following information for the five year period beginning upon enactment of such section: ``(1) Description of plan and objectives with respect to microbicide research. ``(2) Description of the institutes involved and their role in microbicide research. ``(3) Capacity of such institutes to conduct microbicide research as described in (c)(1). ``(4) Description of grant and contract mechanisms available to facilitate microbicide research, including grant and contract mechanisms, RFA's, SBIR/STTRs, support for preclinical product development and clinical trial capacity. ``(5) Description of the plan for increasing number of investigators in this area of research. ``(e) Public Comment.--The Director shall develop a mechanism to provide the public, including non-profit private entities concerned with microbicide research, opportunities to submit comments on the plan, including provisions relating to the selection of products for clinical evaluations and to the SBIR and STTR program referred to in subparagraph (d)(4). ``(f) Report to Congress.--The Director shall prepare, and the Secretary shall submit, not later than 1 year after the date on enactment, and annually thereafter, a report that describes the activities of the Institute, under the research programs referred to in subsection (c), that shall include-- ``(1) a description of the research plan with respect to microbicide research prepared under subsection (d); ``(2) an assessment of the development, revision, and implementation of such plan; ``(3) a description and evaluation of the progress made, during the period for which such report is prepared, in the research on microbicides; ``(4) a summary and analysis of expenditures made, during the period for which the report is made, for activities with respect to microbicides conducted and supported by the National Institutes of Health; and ``(5) such comments and recommendations as the Director considers appropriate. ``(g) Coordination.--The Director, to the extent practicable, shall consult with the Director for the Centers for Disease Control and Prevention and the United States Agency for International Development, in developing the plan under subparagraph (d) for research on microbicides that takes into consideration research on sexually transmitted diseases and microbicides carried out at the Centers for Disease Control and Prevention and the United States Agency for International Development. ``(h) Authorization of Appropriations.--For the purposes of carrying out this section, there are authorized to be appropriated $50,000,000 for fiscal year 2001, $75,000,000 for fiscal year 2002, $100,000,000 for fiscal year 2003, and such sums as may be necessary for each of the fiscal years 2004 and 2005.''. TITLE II--MICROBICIDE RESEARCH AT THE CENTERS FOR DISEASE CONTROL AND PREVENTION SEC. 201. MICROBICIDES FOR PREVENTING TRANSMISSION OF SEXUALLY TRANSMITTED DISEASES. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 317G the following section: ``microbicides for preventing transmission of sexually transmitted diseases ``Sec. 317H. (a) Expansion and Coordination of Microbicide Research Activities.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall expand, intensify, and coordinate the activities of such Centers with respect to research on microbicides to prevent the transmission of sexually transmitted diseases, including HIV. ``(b) Authorization of Appropriations.--For the purposes of carrying out this section, there are authorized to be appropriated $7,000,000 for fiscal year 2001, $11,000,000 for fiscal year 2002, $15,000,000 for fiscal year 2003, and such sums as may be necessary for each of the fiscal years 2004 and 2005.''.

Requires NIH to establish a program to support research to develop microbicides that can substantially reduce transmission of sexually transmitted infections. Authorizes appropriations. Title II: Microbicide Research at the Centers for Disease Control and Prevention - Amends the PHSA to require the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to expand, intensify, and coordinate activities of the Centers with respect to research on microbicides to prevent the transmission of STDs, including HIV. Authorizes appropriations.

{"src": "billsum_train", "title": "Microbicides Development Act of 2000"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Multichannel Video Competition Act of 1998''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) In the Cable Television Consumer Protection and Competition Act of 1992, Congress stated its policy of promoting competition in cable services and making available to the public a diversity of views and information through cable television and other video media. (2) In the Telecommunications Act of 1996, Congress stated its policy of securing lower prices and higher quality service for American telecommunications consumers and encouraging the rapid deployment of new telecommunications technologies. (3) Notwithstanding the intent of Congress as expressed in the 1992 Cable Act and the 1996 Telecommunications Act, in most places throughout America, cable television system operators still do not face effective competition from other providers of multichannel video service. (4) Absent effective competition, the market power exercised by cable television operators enables them to raise the price of cable service to consumers, and to control the price and availability of cable programming services to other multichannel video service providers. (5) Direct Broadcast Satellite service has over 8 million subscribers and constitutes the most significant competitive alternative to cable television service. However, Direct Broadcast Satellite Service currently suffers from a number of statutory, regulatory, and technical barriers that keep it from being an effective competitor to cable television in the provision of multichannel video services. The most prominent of these barriers is its inability to provide subscribers with local television broadcast signals. Other barriers include the higher cost consumers must pay for equipment, installation, and additional equipment to receive service on additional television sets. (6) Permitting providers of direct broadcast satellite service to retransmit local television signals to their subscribers would greatly enhance the ability of direct broadcast satellite service to compete effectively in the provision of multichannel video services. (7) Unlike cable television systems, providers of direct broadcast satellite service cannot carry all local television broadcast signals in all the local television markets they serve. (8) It would be in the public interest for providers of direct broadcast satellite service to fully comply with the mandatory signal carriage rules at such time as terrestrial or satellite-based technology enables them to do so. In the interim, requiring full compliance with the mandatory signal carriage rules would substantially harm the ability of direct broadcast satellite service providers to compete in the provision of multichannel video services and would not serve the public interest. (9) Local television broadcast licensees whose stations are not carried by providers of direct broadcast satellite services are entitled to be compensated for any demonstrable loss of revenue that will result. (10) Millions of subscribers to direct broadcast satellite service currently receive the signals of network-affiliated stations not located in these subscribers' local television markets. In many cases, distant network signals may be these subscribers' only source of network television service. (11) Notwithstanding the prevalence of distant network signals and their importance as a component of direct broadcast satellite service to millions of subscribers, a recent ruling by a federal district court will result in many subscribers losing these signals, regardless of whether local network signals are actually viewable off-air or not. (12) Widespread carriage of distant network stations in local network affiliates' markets can cause local affiliates to lose audience share and revenues, which would in turn harm their ability to serve their local community. Therefore, it would best serve the public interest to ensure that distant network stations are carried only where local network stations cannot be received off-air. (13) Abrupt termination of satellite carriers provision of distant network signals would deprive direct broadcast satellite subscribers of an important component of their existing satellite television service, and have a severely negative impact on the ability of direct broadcast satellite service to compete effectively in the provision of multichannel video services. (14) It is in the public interest for direct broadcast satellite subscribers who cannot receive acceptable over-the- air service from their local network-affiliated stations to continue to receive distant network signals for an interim period sufficient to permit the Federal Communications Commission to redefine those situations in which the permanent carriage of distant network signals would be appropriate. (15) Improving the ability of providers of direct broadcast service to compete effectively in the provision of multichannel video services by eliminating remaining statutory and administrative barriers to competition would be consistent with the intent of Congress as expressed in the terms of the 1992 Cable Act and the 1996 Telecommunications Act. SEC. 3. PURPOSE. The purpose of this Act is to promote the growth of competition in the provision of multichannel video services by expeditiously removing certain statutory and regulatory barriers that prevent providers of Direct Broadcast Satellite Services from competing effectively with cable television systems. SEC. 4. MUST-CARRY FOR SATELLITE CARRIERS RETRANSMITTING TELEVISION BROADCAST SIGNALS. Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end thereof the following: ``SEC. 337. CARRIAGE OF LOCAL TELEVISION SIGNALS BY SATELLITE CARRIERS. ``(a) Purpose.--The purpose of this section is to promote competition in the provision of multichannel video services by-- ``(1) enabling providers of direct broadcast service to offer their subscribers the signals of local television stations; and ``(2) accommodating, for an interim period, technical limitations that preclude providers of direct broadcast service from carrying all local signals in all local television markets. ``(b) Application of Mandatory Carriage to Satellite Carriers.-- Except as otherwise provided in this section, the mandatory carriage provisions of section 614 of the Communications Act will apply no later than January 1, 2002, to satellite carriers retransmitting television broadcast signals. ``(c) Rulemaking Required.--Within 180 days after the date of enactment of the Multichannel Video Competition Act of 1998, the Commission shall adopt regulations to facilitate the provision of all qualified local commercial and noncommercial television stations, either through satellite or terrestrial means, by providers of direct broadcast satellite service providing video programming. ``(d) Interim Requirements.-- ``(1) Interim requirement.--Before January 1, 2002, or the effective date of the final regulations adopted pursuant to subsection (c) (if that date is earlier), a provider of direct broadcast satellite service providing video programming shall-- ``(A) carry all local television stations eligible for carriage; or ``(B) compensate any such station not carried. ``(2) Compensation formula.--Within 180 days of the date of enactment of the Multichannel Video Competition Act of 1998, the Commission shall prescribe a formula to be used to determine the audience and revenue loss incurred by a local television station as a result of its noncarriage by a provider of direct broadcast satellite service under paragraph (1)(B), and procedural rules for the expeditious resolution of petitions requesting compensation. ``(3) Burden of proof.--A local television station, otherwise eligible for carriage, whose signal is not carried by a direct broadcast satellite service provider under paragraph (1)(B), may petition the Commission for an order directing that provider to pay compensation under this paragraph. In any proceeding on such a petition, the burden of proof shall lie with the petitioner. ``(4) Compensation limited to formula amount absent unusual or compelling circumstances.--The Commission may not grant compensation under this subsection for any projected revenue loss except in accordance with the formula prescribed by the Commission under paragraph (2) unless the Commission determines that unusual or compelling circumstances warrant additional compensation. ``(5) Additional compensation.--If the petitioner shows that the compensation determined under the formula would be insufficient to enable the petitioner to operate in the public interest, the Commission shall award additional compensation under this section. ``(6) Time limit for commission action.--The Commission shall issue a decision on any petition filed under paragraph (3) no later than 150 days after the petition is filed. ``(e) Good Signal Required.--A local television broadcast station eligible for carriage under subsection (b) shall be required to bear the costs associated with delivering a good quality signal for retransmission by the satellite carrier.''. SEC. 5. CARRIAGE OF DISTANT NETWORK SIGNALS BY SATELLITE CARRIERS. (a) Purpose.--The purpose of this section is to promote competition in the provision of multichannel video services by enabling direct broadcast satellite providers to offer distant network signals to consumers in areas receiving inadequate over-the-air reception of local television signals. (b) Continued Retransmission of Distant Network Signals.-- Notwithstanding any other provision of law, satellite carriers retransmitting the signal of a distant network station to households located within an area served by a local affiliate of the same network and receiving service as of July 10, 1998, shall not be required to discontinue carriage of the distant network station to such households prior to February 28, 1999. Nothing in this subsection is intended to modify the duration of the license granted in section 119 of title 17, United States Code. (c) Rulemaking Required.--The Federal Communications Commission shall complete a single rulemaking proceeding in which it shall rule on any petitions or similar matters regarding the definition of unserved areas or households. Any definition adopted by the Commission must consist of an objective measure of a satisfactory signal obtainable by use of generally-available off-air reception devices of the type used by the average viewer. The Commission shall complete this rulemaking proceeding within such time as to enable any rule change to become effective no later than February 28, 1999. (d) No Remission of Penalty.--No action taken by the Commission pursuant to subsection (c) shall indemnify any provider of direct broadcast satellite service from any liability for any prior violation of section 119(a)(5)(D) of title 17, United States Code, or from the imposition of any penalty therefor. SEC. 6. RETRANSMISSION CONSENT. (a) Amendments.--Section 325(b) of the Communications Act of 1934 (47 U.S.C. 325(b)) is amended-- (1) by striking the subsection designation and paragraphs (1) and (2) and inserting the following: ``(b)(1) No cable system or other multichannel video programming distributor shall retransmit the signal of a broadcasting station, or any part thereof, except-- ``(A) with the express authority of the station; ``(B) pursuant to section 614, in the case of a station electing, in accordance with this subsection, to assert the right to carriage under such section; or ``(C) pursuant to section 337, in the case of a station eligible, in accordance with this subsection, to assert the right to carriage under such section. ``(2) The provisions of this subsection shall not apply to-- ``(A) retransmission of the signal of a non-commercial broadcasting station; ``(B) retransmission of the signal of a television broadcast station outside the station's local market by a satellite carrier directly to subscribers if-- ``(i) such station was a superstation on May 1, 1991; and ``(ii) on December 31, 1997, such station was a network station and its signal was retransmitted by satellite carriers directly to at least 500,000 subscribers; ``(C) retransmission of the distant signal of a broadcasting station that is owned or operated by, or affiliated with, a broadcasting network directly to a home satellite antenna, if the household receiving the signal is located in an unserved area; ``(D) retransmission by a cable operator or other multichannel video programming distributor (other than by a satellite carrier direct to its subscribers) of the signal of a television broadcast station outside the station's local market, if such signal was obtained from a satellite carrier and-- ``(i) the originating station was a superstation on May 1, 1991; and ``(ii) the originating station was a network station on December 31, 1997, and its signal was retransmitted by a satellite carrier directly to subscribers.''; and (2) by adding at the end the following new paragraph: ``(7) For purposes of this subsection: ``(1) Television broadcast station.--The term `television broadcast station' means a full power television broadcast station, but does not include a low-power or translator television broadcast station. ``(2) Broadcasting network.--The term `broadcasting network' means a television network in the United States which offers an interconnected program service on a regular basis for 15 or more hours per week to at least 25 affiliated broadcast stations in 10 or more States. ``(3) Network station.--The term `network station' means a television broadcast station that is owned or operated by, or affiliated with, a broadcasting network. ``(4) Local market.--The term `local market' means the designated market area in which a station is located, and-- ``(A) for a commercial television broadcast station located in any of the 150 largest designated market areas, all commercial television broadcast stations licensed to a community within the same designated market are within the same local market; ``(B) for a commercial television broadcast station that is located in a designated market that is not one of the 150 largest, the local market includes, in addition to all commercial television broadcast stations licensed to a community within the same designated market area, any station that is significantly viewed, as such term is defined in section 76.54 of the Commission's regulations (47 C.F.R. 76.45); and ``(C) for a noncommercial educational television broadcast station, the local market includes any station that is licensed to a community within the same designated market area as the noncommercial educational television broadcast station. ``(5) Designated market area.--The term `designated market area' means a designated market area, as determined by Nielsen Media Research and published in the DMA Market and Demographic Report. ``(6) Unserved area.--The term `unserved area' means a place that does not receive an off-air signal from a local network station that meets or exceeds the standards established by the Commission.''. (b) Effective Date.--The amendments made by subsection (a) are effective January 1, 1999.

Multichannel Video Competition Act of 1998 - Amends the Communications Act of 1934 to state that the mandatory local television signal carriage provisions of such Act shall apply no later than January 1, 2002, to satellite carriers retransmitting television (TV) broadcast signals. Directs the Federal Communications Commission (FCC) to adopt regulations to facilitate the provision of all qualified local commercial and noncommercial TV stations, either through satellite or terrestrial means, by providers of direct broadcast satellite services (DBS) providing video programming. Requires DBS providers, prior to January 1, 2001, to either carry all eligible local TV stations or compensate any station not carried. Directs the FCC to prescribe a compensation formula. Provides procedures for such stations to petition for such compensation. Requires the payment of additional compensation when the petitioner demonstrates that the formula compensation is insufficient to allow such station to operate in the public interest. Requires petitions to be decided within 150 days. Requires eligible local TV stations to bear the costs of delivering a good quality signal for retransmission by the satellite carrier. States that satellite carriers retransmitting the signal of a distant network station to households within an area served by a local affiliate of such network and receiving service as of July 10, 1998, shall not be required to discontinue carriage of the distant station prior to February 28, 1999. Directs the FCC to complete a single rulemaking proceeding defining unserved areas or households. Authorizes a cable system or other multichannel video programming distributor to retransmit the signal of a broadcasting station in the case of public service stations. Authorizes the retransmission of a signal of a TV station outside the station's local market by a satellite carrier directly to subscribers if: (1) such station was a superstation on May 1, 1991; and (2) on December 31, 1997, such station was a network station and its signal was retransmitted by satellite carriers directly to at least 500,000 subscribers. Authorizes such a retransmission if: (1) such signal was obtained from a satellite carrier; (2) the originating station was a superstation on May 1, 1991; and (3) the originating station was a network station on December 31, 1997, and its signal was retransmitted by a satellite carrier directly to subscribers.

{"src": "billsum_train", "title": "Multichannel Video Competition Act of 1998"}

SECTION 1. AUTHORITY TO GRANT STATE STATUS TO INDIAN TRIBES FOR ENFORCEMENT OF SOLID WASTE DISPOSAL ACT. (a) Definitions.--Section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903) is amended-- (1) in paragraph (13)(A), by striking ``or authorized tribal organization or Alaska Native village or organization,''; (2) in paragraph (15), by inserting after ``State,'' the following: ``Indian tribe,''; and (3) by adding at the end the following new paragraphs: ``(42) The term `Indian country' means-- ``(A) all land within the limits of any Indian reservation under the jurisdiction of the Federal Government (including any right-of-way running through the reservation), notwithstanding the issuance of any patent; ``(B) all dependent Indian communities within the borders of the United States, including dependent Indian communities-- ``(i) within the original territory or territory that is subsequently acquired; and ``(ii) within or without the limits of a State; and ``(C) all Indian allotments with respect to which the Indian titles have not been extinguished, including rights-of- way running through the allotments. ``(43) The term `Indian tribe' means any Indian tribe, band, group, or community, including any Alaska Native village, organization, or regional corporation (as defined in, or established pursuant to, the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)) that-- ``(A) is recognized by the Secretary of the Interior; and ``(B) exercises governmental authority within Indian country.''. (b) Treatment of Indian Tribes as States.--Subtitle A of such Act (42 U.S.C. 6901 et seq.) is amended by adding at the end the following new section: ``SEC. 1009. INDIAN TRIBES. ``(a) In General.--Subject to subsection (b), the Administrator may-- ``(1) treat an Indian tribe as a State for the purposes of this Act; ``(2) delegate to an Indian tribe primary enforcement responsibility for programs and projects established under this Act; and ``(3) provide Indian tribes grant and contract assistance to carry out functions of a State pursuant to this Act. ``(b) Environmental Protection Agency Regulations.-- ``(1) In general.-- ``(A) Treatment.--Not later than 18 months after the date of the enactment of this section, the Administrator shall issue final regulations that specify the manner in which Indian tribes shall be treated as States for the purposes of this Act. ``(B) Authorization.--Under the regulations issued by the Administrator, the treatment of an Indian tribe as a State shall be authorized only if-- ``(i) the Indian tribe has a governing body carrying out substantial governmental duties and powers; ``(ii) the functions that the Indian tribe will exercise pertain to land and resources that are-- ``(I) held by the Indian tribe, the United States in trust for the Indian tribe, or a member of the Indian tribe (if the property interest is subject to a trust restriction on alienation); or ``(II) are otherwise within Indian country; and ``(iii) in the judgment of the Administrator, the Indian tribe is reasonably expected to be capable of carrying out the functions to be exercised in a manner consistent with the requirements of this Act (including all applicable regulations). ``(2) Exceptions.-- ``(A) In general.--If, with respect to a provision of this Act, the Administrator determines that the treatment of an Indian tribe in the same manner as a State is inappropriate, administratively infeasible, or otherwise inconsistent with the purposes of this Act, the Administrator may include in the regulations issued under this section a mechanism by which the Administrator carries out the provision in lieu of the Indian tribe in an appropriate manner. ``(B) Statutory construction.--Subject to subparagraph (C), nothing in this section is intended to permit an Indian tribe to assume or maintain primary enforcement responsibility for programs established under this Act in a manner that is less protective of human health and the environment than the manner in which a State may assume or maintain the responsibility. ``(C) Criminal enforcement.--An Indian tribe shall not be required to exercise jurisdiction over the enforcement of criminal penalties. ``(c) Cooperative Agreements.--In order to ensure the consistent implementation of the requirements of this Act, an Indian tribe and each State in which the lands of the Indian tribe are located may, subject to review and approval by the Administrator, enter into a cooperative agreement, to cooperatively plan and carry out the requirements of this Act. ``(d) Report.--Not later than 2 years after the date of enactment of this section, the Administrator, in cooperation with the Secretary of the Interior, the Director of the Indian Health Service, and Indian tribes, shall submit to Congress a report that includes-- ``(1) recommendations for addressing hazardous and solid wastes and underground storage tanks within Indian country; ``(2) methods to maximize the participation in, and administration of, programs established under this Act by Indian tribes; ``(3) an estimate of the amount of Federal assistance that will be required to carry out this section; and ``(4) a discussion of proposals by the Administrator concerning the provision of assistance to Indian tribes for the administration of programs and projects pursuant to this Act. ``(e) Tribal Hazardous Waste Site Inventory.-- ``(1) Inventory.--Not later than 2 years after the date of enactment of this section, the Administrator shall undertake a continuing program to establish an inventory of sites within Indian country at which hazardous waste has been stored or disposed of. ``(2) Contents of inventory.--The inventory shall include-- ``(A) the information required to be collected by States pursuant to section 3012; and ``(B) sites located at Federal facilities within Indian country.''. (c) Technical Amendment.--The table of contents for subtitle A of such Act (contained in section 1001 of such Act (42 U.S.C. prec. 6901)) is amended by adding at the end the following new item: ``Sec. 1009. Indian tribes.''. SEC. 2. LEAKING UNDERGROUND STORAGE TANK TRUST FUND. Section 9508(c)(1) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``Except as provided'' and inserting the following: ``(A) Purposes.--Except as provided''; and (2) by adding at the end the following new subparagraph: ``(B) Set aside for indian tribes.--Notwithstanding any other provision of law, for each of fiscal years 1995 through 1999, the Secretary shall reserve an amount equal to not less than 3 percent of the amounts made available to States pursuant to subparagraph (A). Such amount shall be used only by Indian tribes (as defined in section 1004(43) of the Solid Waste Disposal Act) to carry out the purposes referred to in subparagraph (A).''.

Amends the Solid Waste Disposal Act to authorize the Administrator of the Environmental Protection Agency to: (1) treat Indian tribes as States under such Act; (2) delegate primary enforcement authority for programs under such Act to Indian tribes; and (3) provide grant and contract assistance to tribes to carry out such Act. Sets forth conditions under which Indian tribes may be treated as States. Directs the Administrator to report to the Congress on: (1) recommendations for addressing hazardous and solid wastes and underground storage tanks (USTs) within Indian country; (2) methods to maximize Indian participation in, and administration of, programs under such Act; and (3) an estimate of the amount of assistance required and a discussion of proposals by the Administrator concerning the provision of assistance to Indian tribes for the administration of such programs. Requires the Administrator to establish an inventory of sites within Indian country at which hazardous waste has been stored or disposed. Amends the Internal Revenue Code to reserve at least three percent of the amounts made available to States from the Leaking Underground Storage Tank Trust Fund for Indian tribes to carry out response actions for petroleum USTs.

{"src": "billsum_train", "title": "A bill to amend the Solid Waste Disposal Act to grant State status to Indian tribes for purposes of the enforcement of such Act, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prescribe A Book Act''. SEC. 2. DEFINITIONS. In this Act: (1) Eligible entity.--The term ``eligible entity'' means a nonprofit organization that has, as determined by the Secretary, demonstrated effectiveness in the following areas: (A) Providing peer-to-peer training to healthcare providers in research-based methods of literacy promotion as part of routine pediatric health supervision visits. (B) Delivering a training curriculum through a variety of medical education settings, including residency training, continuing medical education, and national pediatric conferences. (C) Providing technical assistance to local healthcare facilities to effectively implement a high- quality Pediatric Early Literacy Program. (D) Offering opportunities for local healthcare facilities to obtain books at significant discounts, as described in section 7. (E) Integrating the latest developmental and educational research into the training curriculum for healthcare providers described in subparagraph (B). (2) Pediatric early literacy program.--The term ``Pediatric Early Literacy Program'' means a program that-- (A) creates and implements a 3-part model through which-- (i) healthcare providers, doctors, and nurses, trained in research-based methods of early language and literacy promotion, encourage parents to read aloud to their young children, and offer developmentally appropriate recommendations and strategies to parents for the purpose of reading aloud to their children; (ii) healthcare providers, at health supervision visits, provide each child between the ages of 6 months and 5 years a new, developmentally appropriate children's book to take home and keep; and (iii) volunteers in waiting areas of healthcare facilities read aloud to children, modeling for parents the techniques and pleasures of sharing books together; (B) demonstrates, through research published in peer-reviewed journals, effectiveness in positively altering parent behavior regarding reading aloud to children, and improving expressive and receptive language in young children; and (C) receives the endorsement of nationally recognized medical associations and academies. (3) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 3. PROGRAM AUTHORIZED. The Secretary is authorized to award grants to eligible entities under this Act to enable the eligible entities to implement Pediatric Early Literacy Programs. SEC. 4. APPLICATION. An eligible entity that desires to receive a grant under this Act shall submit an application to the Secretary at such time, in such manner, and including such information as the Secretary may reasonably require. SEC. 5. MATCHING REQUIREMENT. An eligible entity receiving a grant under this Act shall provide either directly or through private contributions, in cash or in-kind, non-Federal matching funds equal to not less than 50 percent of the grant received by the eligible entity under this Act. SEC. 6. USE OF GRANT FUNDS. (a) In General.--An eligible entity receiving a grant under this Act shall-- (1) enter into contracts with private nonprofit organizations, or with public agencies, selected based on the criteria described in subsection (b), under which each contractor will agree to establish and operate a Pediatric Early Literacy Program; (2) provide such training and technical assistance to each contractor of the eligible entity as may be necessary to carry out this Act; and (3) include such other terms and conditions in an agreement with a contractor as the Secretary determines to be appropriate to ensure the effectiveness of such programs. (b) Contractor Criteria.--Contractors shall be selected under subsection (a)(1) on the basis of the extent to which the contractors give priority to serving a substantial number or percentage of at-risk children, including-- (1) low-income children (defined in this section as children from families with incomes below 200 percent of the poverty line), particularly low-income children in high-poverty areas; (2) children without adequate medical insurance; (3) children enrolled in a State Medicaid program, established under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) or in the State Children's Health Insurance Program established under title XXI of such Act (42 U.S.C. 1397aa et seq.); (4) children living in rural areas; (5) migrant children; and (6) children with limited access to libraries. SEC. 7. RESTRICTION ON PAYMENTS. The Secretary shall make no payment to eligible entities under this Act unless the Secretary determines that the eligible entity or a contractor of the eligible entity, as the case may be, has made arrangements with book publishers or distributors to obtain books at discounts that are at least as favorable as discounts that are customarily given by such publisher or distributor for book purchases made under similar circumstances in the absence of Federal assistance. SEC. 8. REPORTING REQUIREMENT. An eligible entity receiving a grant under this Act shall report annually to the Secretary on the effectiveness of the program implemented by the eligible entity and the programs instituted by each contractor of the eligible entity, and shall include in the report a description of each program. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act-- (1) $15,000,000 for fiscal year 2010; (2) $16,000,000 for fiscal year 2011; (3) $17,000,000 for fiscal year 2012; (4) $18,000,000 for fiscal year 2013; and (5) $19,000,000 for fiscal year 2014.

Prescribe A Book Act - Creates a Pediatric Early Literacy program under which the Secretary of Education awards matching grants to nonprofit organizations for the implementation of three-part models through which: (1) health care providers encourage parents to read aloud to their children and offer them recommendations and strategies for doing so; (2) health care providers give each visiting child between the ages of six months and five-years a new, developmentally appropriate children's book to take home and keep; and (3) volunteers reading to children in health care facility waiting areas show parents the techniques and pleasures of reading aloud to children. Requires that the books provided to children under the program be obtained at a discount.

{"src": "billsum_train", "title": "To aid and support pediatric involvement in reading and education."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``College Cost Reduction and Access Act Technical Amendments of 2007''. SEC. 2. FEDERAL PELL GRANTS. (a) Correction of Designation.-- (1) CCRAA amendment.--Section 101(a)(2) of the College Cost Reduction and Access Act (Public Law 110-84) is amended by striking ``paragraphs (4) through (9) as paragraphs (3) through (8)'' and inserting ``paragraphs (4) through (8) as paragraphs (3) through (7)''. (2) Redesignation.--Paragraph (9) of section 401(b) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b)(9)), as added by section 102(b) of the College Cost Reduction and Access Act (Public Law 110-84), is redesignated as paragraph (8). (b) Revision of Availability Rule.--Paragraph (8) of section 401(b) of the Higher Education Act of 1965 (as redesignated by subsection (a)(2) of this section) is amended by striking subparagraph (F) and inserting the following: ``(F) Use of fiscal year funds for award years.-- The amounts made available by subparagraph (A) for any fiscal year shall remain available for the fiscal year succeeding the fiscal year for which such amounts are made available.''. SEC. 3. DEFINITION OF UNTAXED INCOME AND BENEFITS. (a) Amendment.--Section 480(b) of the Higher Education Act of 1965 (20 U.S.C. 1087vv(b)) is amended by striking paragraph (2) and inserting the following: ``(2) The term `untaxed income and benefits' shall not include-- ``(A) the amount of additional child tax credit claimed for Federal income tax purposes; ``(B) welfare benefits, including assistance under a State program funded under part A of title IV of the Social Security Act and aid to dependent children; ``(C) the amount of earned income credit claimed for Federal income tax purposes; ``(D) the amount of credit for Federal tax on special fuels claimed for Federal income tax purposes; ``(E) the amount of foreign income excluded for purposes of Federal income taxes; or ``(F) untaxed social security benefits.''. (b) Effective Date.--This section and the amendment made by this section shall take effect on July 1, 2009. SEC. 4. DEFINITION OF INDEPENDENT STUDENT. (a) Amendment.--Section 480(d)(1) of the Higher Education Act of 1965 (20 U.S.C. 1087vv(d)(1)) is amended by striking subparagraph (B) and inserting the following: ``(B) is an orphan, in foster care, or a ward of the court, or was an orphan, in foster care, or a ward of the court at any time when the individual was 13 years of age or older;''. (b) Effective Date.--This section and the amendment made by this section shall take effect on July 1, 2009. SEC. 5. INCOME-BASED REPAYMENT FOR MARRIED BORROWERS FILING SEPARATELY. Section 493C of the Higher Education Act of 1965 (20 U.S.C. 1098e) is amended by adding at the end the following: ``(d) Special Rule for Married Borrowers Filing Separately.--In the case of a married borrower who files a separate Federal income tax return, the Secretary shall calculate the amount of the borrower`s income-based repayment under this section solely on the basis of the borrower's student loan debt and adjusted gross income.''. SEC. 6. DEFERRAL OF LOAN REPAYMENT FOLLOWING ACTIVE DUTY. Section 493D(a) of the Higher Education Act of 1965 (20 U.S.C. 1098f(a)) is amended by inserting ``or full-time National Guard duty'' after ``is called or ordered to active duty''. SEC. 7. TEACH GRANTS. Subpart 9 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070g et seq.) is amended-- (1) in section 420L(1)(B), by striking ``sound'' and inserting ``responsible''; (2) in section 420M-- (A) by striking ``academic year'' each place it appears in subsections (a)(1) and (c)(1) and inserting ``year''; and (B) in subsection (c)(2)-- (i) by striking ``other student assistance'' and inserting ``other assistance the student may receive''; and (ii) by striking the second sentence. SEC. 8. REDESIGNATION AND RELOCATION. The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is further amended-- (1) by redesignating part J of title IV (as added by section 802 of the College Cost Reduction and Access Act (Public Law 110-84)) as part G of title III of the Higher Education Act of 1965, and moving such part from the end of title IV to the end of title III of such Act; and (2) by redesignating section 499A (as added by such section 802) as section 399A. Passed the House of Representatives November 13, 2007. Attest: LORRAINE C. MILLER, Clerk.

College Cost Reduction and Access Act Technical Amendments of 2007 - Makes technical changes to amendments the College Cost Reduction and Access Act (the Act) made to the Higher Education Act of 1965 (HEA). Ensures that mandatory Pell grant funding made available for any fiscal year by such Act remains available for the succeeding fiscal year (thus, for the full Pell grant award year). Specifies the untaxed income and benefits which the Act excluded from the list of untaxed income and benefits considered in federal student need analyses (thereby, specifically excluding them from such analyses). Clarifies that students who were orphans, wards of the court, or in foster care when they were 13 or older are independent for federal student aid purposes. Provides that, for married borrowers who file separate tax returns, income-based loan repayments under the HEA shall be determined solely on the basis of their individual student loan debt and adjusted gross income. Ensures that National Guard members who serve full-time are eligible for the student loan deferment the Act provides to other military personnel for 13 months after the conclusion of active duty service. Moves the Act's funding program for minority-serving institutions from title IV (Student Assistance) to title III (Institutional Aid) of the HEA.

{"src": "billsum_train", "title": "To make certain technical corrections and transition amendments to the College Cost Reduction and Access Act."}

SECTION 1. TABLE OF CONTENTS. Sec. 1. Table of contents. Sec. 2. Illinois and Michigan Canal National Heritage Corridor. Sec. 3. John H. Chafee Blackstone River Valley National Heritage Corridor. Sec. 4. Delaware and Lehigh National Heritage Corridor. Sec. 5. Southwestern Pennsylvania Heritage Preservation Commission (Path of Progress). Sec. 6. Cane River NHA. Sec. 7. Quinebaug and Shetucket Rivers Valley National Heritage Corridor. Sec. 8. America's Agricultural Heritage Partnership (Silos and Smokestacks). Sec. 9. Augusta Canal NHA. Sec. 10. Essex NHA. Sec. 11. Hudson River Valley NHA. Sec. 12. National Coal Heritage Area. Sec. 13. Ohio and Erie Canal National Heritage Corridor. Sec. 14. Steel Industry American Heritage Area. Sec. 15. Shenandoah Valley Battlefields National Historic District. Sec. 16. South Carolina National Heritage Corridor. Sec. 17. Tennessee Civil War Heritage Area. Sec. 18. Automobile NHA (MotorCities). Sec. 19. Lackawanna Valley NHA. Sec. 20. Schuylkill River Valley NHA. Sec. 21. Wheeling NHA. Sec. 22. Yuma Crossing NHA. Sec. 23. Erie Canalway National Heritage Corridor. Sec. 24. Blue Ridge NHA. Sec. 25. Oil Region NHA. Sec. 26. Mississippi Gulf Coast NHA. Sec. 27. National Aviation Heritage Area. Sec. 28. Arabia Mountain NHA. Sec. 29. Atchafalaya NHA. Sec. 30. Champlain Valley National Heritage Partnership. Sec. 31. Crossroads of the American Revolution NHA. Sec. 32. Freedom's Frontier NHA. Sec. 33. Great Basin National Heritage Route. Sec. 34. Gullah/Geechee Cultural Heritage Corridor. Sec. 35. Mormon Pioneer NHA. Sec. 36. Northern Rio Grande NHA. Sec. 37. Upper Housatonic Valley NHA. Sec. 38. Abraham Lincoln NHA. Sec. 39. Journey Through Hallowed Ground NHA. Sec. 40. Niagara Falls NHA. Sec. 41. Baltimore NHA. Sec. 42. Cache La Poudre River NHA. Sec. 43. Freedom's Way NHA. Sec. 44. Kenai Mountains-Turnagain Arm NHA. Sec. 45. Mississippi Delta NHA. Sec. 46. Mississippi Hills NHA. Sec. 47. Muscle Shoals NHA. Sec. 48. Northern Plains NHA. Sec. 49. Sangre de Christo NHA. Sec. 50. South Park NHA. SEC. 2. ILLINOIS AND MICHIGAN CANAL NATIONAL HERITAGE CORRIDOR. Section 116 of the Illinois and Michigan Canal National Heritage Corridor Act of 1984 (Public Law 98-398; 98 Stat. 1467) is amended to read as follows: ``Sec. 116. No Federal funds may be used to carry out this title.''. SEC. 3. JOHN H. CHAFEE BLACKSTONE RIVER VALLEY NATIONAL HERITAGE CORRIDOR. Section 10 of the Act entitled ``An Act To establish the Blackstone River Valley National Heritage Corridor in Massachusetts and Rhode Island'' (Public Law 99-647; 100 Stat. 3630-31) is amended to read as follows: ``Sec. 10. No Federal funds may be used to carry out this Act.''. SEC. 4. DELAWARE AND LEHIGH NATIONAL HERITAGE CORRIDOR. Section 12 of the Delaware and Lehigh Navigation Canal National Heritage Corridor Act of 1988 (Public Law 100-692; 102 Stat. 4558) is amended to read as follows: ``SEC. 12. FUNDING. ``No Federal funds may be used to carry out this Act.''. SEC. 5. SOUTHWESTERN PENNSYLVANIA HERITAGE PRESERVATION COMMISSION (PATH OF PROGRESS). Section 105 of An Act To establish in the Department of the Interior the Southwestern Pennsylvania Heritage Preservation Commission, and for other purposes (Public Law 100-698; 102 Stat. 4622) is amended to read as follows: ``SEC. 105. FUNDING. ``No Federal funds may be used to carry out this title.''. SEC. 6. CANE RIVER NHA. Section 406 of the Cane River Creole National Historical Park and National Heritage Area Act (16 U.S.C. 410ccc-26) is amended to read as follows: ``SEC. 406. FUNDING. ``No Federal funds may be used to carry out titles III and IV of this Act.''. SEC. 7. QUINEBAUG AND SHETUCKET RIVERS VALLEY NATIONAL HERITAGE CORRIDOR. Section 109 of the Quinebaug and Shetucket Rivers Valley National Heritage Corridor Act of 1994 (Public Law 103-449; 108 Stat. 4756) is amended to read as follows: ``SEC. 109. FUNDING. ``No Federal funds may be used to carry out this title.''. SEC. 8. AMERICA'S AGRICULTURAL HERITAGE PARTNERSHIP (SILOS AND SMOKESTACKS). Section 708 of division II of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104-333; 110 Stat. 4267) is amended to read as follows: ``SEC. 708. FUNDING. ``No Federal funds may be used to carry out this title.''. SEC. 9. AUGUSTA CANAL NHA. Section 311 of division II of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104-333; 110 Stat. 4252) is amended to read as follows: ``SEC. 311. FUNDING. ``No Federal funds may be used to carry out this title.''. SEC. 10. ESSEX NHA. Section 508 of division II of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104-333; 110 Stat. 4260) is amended to read as follows: ``SEC. 508. FUNDING. ``No Federal funds may be used to carry out this title.''. SEC. 11. HUDSON RIVER VALLEY NHA. Section 909 of division II of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104-333; 110 Stat. 4280-81) is amended to read as follows: ``SEC. 909. FUNDING. ``No Federal funds may be used to carry out this title.''. SEC. 12. NATIONAL COAL HERITAGE AREA. Section 108 of division II of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104-333; 110 Stat. 4244) is amended to read as follows: ``SEC. 108. FUNDING. ``No Federal funds may be used to carry out this title.''. SEC. 13. OHIO AND ERIE CANAL NATIONAL HERITAGE CORRIDOR. Section 812 of division II of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104-333; 110 Stat. 4275) is amended to read as follows: ``SEC. 812. FUNDING. ``No Federal funds may be used to carry out this title.''. SEC. 14. STEEL INDUSTRY AMERICAN HERITAGE AREA. Section 409 of division II of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104-333; 110 Stat. 4256) is amended to read as follows: ``SEC. 409. FUNDING. ``No Federal funds may be used to carry out this title.''. SEC. 15. SHENANDOAH VALLEY BATTLEFIELDS NATIONAL HISTORIC DISTRICT. Section 606(j)(2) of division I of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104-333; 110 Stat. 4179-80) is amended to read as follows: ``(2) Funding.--No Federal funds may be used to carry out this Act.''. SEC. 16. SOUTH CAROLINA NATIONAL HERITAGE CORRIDOR. Section 608 of division II of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104-333; 110 Stat. 4264) is amended to read as follows: ``SEC. 608. FUNDING. ``No Federal funds may be used to carry out this title.''. SEC. 17. TENNESSEE CIVIL WAR HERITAGE AREA. Section 209 of division II of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104-333; 110 Stat. 4248) is amended to read as follows: ``SEC. 209. FUNDING. ``No Federal funds may be used to carry out this title.''. SEC. 18. AUTOMOBILE NHA (MOTORCITIES). Section 110 of the Automobile National Heritage Area Act (Public Law 105-355; 112 Stat. 3252) is amended to read as follows: ``SEC. 110. FUNDING. ``No Federal funds may be used to carry out this title.''. SEC. 19. LACKAWANNA VALLEY NHA. Section 109 of the Lackawanna Valley National Heritage Area Act of 2000 (Public Law 106-278; 114 Stat. 818) is amended to read as follows: ``SEC. 109. FUNDING. ``No Federal funds may be used to carry out this title.''. SEC. 20. SCHUYLKILL RIVER VALLEY NHA. Section 210 of the Schuylkill River Valley National Heritage Area Act (Public Law 106-278; 114 Stat. 824) is amended to read as follows: ``SEC. 210. FUNDING. ``No Federal funds may be used to carry out this title.''. SEC. 21. WHEELING NHA. Subsection (h) of the Wheeling National Heritage Area Act of 2000 (section 157 of Public Law 106-291; 114 Stat. 967) is amended to read as follows: ``(h) Funding.--No Federal funds may be used to carry out this section.''. SEC. 22. YUMA CROSSING NHA. Section 8 of the Yuma Crossing National Heritage Area Act of 2000 (Public Law 106-319; 114 Stat. 1284-85) is amended to read as follows: ``SEC. 8. FUNDING. ``No Federal funds may be used to carry out this Act.''. SEC. 23. ERIE CANALWAY NATIONAL HERITAGE CORRIDOR. Section 810 of the Erie Canalway National Heritage Corridor Act (Public Law 106-554; 114 Stat. 2763A-303) is amended to read as follows: ``SEC. 810. FUNDING. ``No Federal funds may be used to carry out this title.''. SEC. 24. BLUE RIDGE NHA. Section 140(i) of the Blue Ridge National Heritage Area Act of 2003 (title I of Public Law 108-108; 117 Stat. 1279) is amended to read as follows: ``(i) Funding.--No Federal funds may be used to carry out this section.''. SEC. 25. OIL REGION NHA. Section 612 of the Oil Region National Heritage Area Act (title VI of division J of Public Law 108-447; 118 Stat. 3373) is amended to read as follows: ``SEC. 612. FUNDING. ``No Federal funds may be used to carry out this title.''. SEC. 26. MISSISSIPPI GULF COAST NHA. Section 709 of the Mississippi Gulf Coast National Heritage Area Act (title VII of division J of Public Law 108-447; 18 Stat. 3377) is amended to read as follows: ``SEC. 709. FUNDING. ``No Federal funds may be used to carry out this title.''. SEC. 27. NATIONAL AVIATION HERITAGE AREA. Section 511 of the National Aviation Heritage Area Act (title V of division J of Public Law 108-447; 18 Stat. 3367) is amended to read as follows: ``SEC. 511. FUNDING. ``No Federal funds may be used to carry out this title.''. SEC. 28. ARABIA MOUNTAIN NHA. Section 239 of the Arabia Mountain National Heritage Area Act (subtitle C of title II of Public Law 109-338; 120 Stat. 1799) is amended to read as follows: ``SEC. 239. FUNDING. ``No Federal funds may be used to carry out this subtitle.''. SEC. 29. ATCHAFALAYA NHA. Section 220 of the Atchafalaya National Heritage Area Act (subtitle B of title II of Public Law 109-338; 120 Stat. 1795) is amended to read as follows: ``SEC. 220. FUNDING. ``No Federal funds may be used to carry out this subtitle.''. SEC. 30. CHAMPLAIN VALLEY NATIONAL HERITAGE PARTNERSHIP. Section 288 of the Champlain Valley National Heritage Partnership Act of 2006 (subtitle G of title II of Public Law 109-338; 120 Stat. 1824) is amended to read as follows: ``SEC. 288. FUNDING. ``No Federal funds may be used to carry out this subtitle.''. SEC. 31. CROSSROADS OF THE AMERICAN REVOLUTION NHA. Section 297G of the Crossroads of the American Revolution National Heritage Area Act of 2006 (subtitle J of title II of Public Law 109- 338; 120 Stat. 1844) is amended to read as follows: ``SEC. 297G. FUNDING. ``No Federal funds may be used to carry out this subtitle.''. SEC. 32. FREEDOM'S FRONTIER NHA. Section 268 of the Freedom's Frontier National Heritage Area Act (subtitle E of title II of Public Law 109-338; 120 Stat. 1813) is amended to read as follows: ``SEC. 268. FUNDING. ``No Federal funds may be used to carry out this subtitle.''. SEC. 33. GREAT BASIN NATIONAL HERITAGE ROUTE. Section 291I of the Great Basin National Heritage Route Act (subtitle H of title II of Public Law 109-338; 120 Stat. 1831) is amended to read as follows: ``SEC. 291I. FUNDING. ``No Federal funds may be used to carry out this subtitle.''. SEC. 34. GULLAH/GEECHEE CULTURAL HERITAGE CORRIDOR. Section 295K of the Gullah/Geechee Cultural Heritage Act (subtitle I of title II of Public Law 109-338; 120 Stat. 1837) is amended to read as follows: ``SEC. 295K. FUNDING. ``No Federal funds may be used to carry out this subtitle.''. SEC. 35. MORMON PIONEER NHA. Section 259 of the Mormon Pioneer National Heritage Area Act (subtitle D of title II of Public Law 109-338; 120 Stat. 1807) is amended to read as follows: ``SEC. 259. FUNDING. ``No Federal funds may be used to carry out this subtitle.''. SEC. 36. NORTHERN RIO GRANDE NHA. Section 209 of the Northern Rio Grande National Heritage Area Act (subtitle A of title II of Public Law 109-338; 120 Stat. 1790) is amended to read as follows: ``SEC. 209. FUNDING. ``No Federal funds may be used to carry out this subtitle.''. SEC. 37. UPPER HOUSATONIC VALLEY NHA. Section 280A of the Upper Housatonic Valley National Heritage Area Act (subtitle F of title II of Public Law 109-338; 120 Stat. 1819) is amended to read as follows: ``SEC. 280A. FUNDING. ``No Federal funds may be used to carry out this subtitle.''. SEC. 38. ABRAHAM LINCOLN NHA. Section 449 of the Consolidated Natural Resources Act of 2008 (Public Law 110-229; 122 Stat. 824) is amended to read as follows: ``SEC. 449. FUNDING. ``No Federal funds may be used to carry out this subtitle.''. SEC. 39. JOURNEY THROUGH HALLOWED GROUND NHA. Section 409 of the Consolidated Natural Resources Act of 2008 (Public Law 110-229; 122 Stat. 809) is amended to read as follows: ``SEC. 409. FUNDING. ``No Federal funds may be used to carry out this subtitle.''. SEC. 40. NIAGARA FALLS NHA. Section 430 of the Consolidated Natural Resources Act of 2008 (Public Law 110-229; 122 Stat. 817) is amended to read as follows: ``SEC. 430. FUNDING. ``No Federal funds may be used to carry out this subtitle.''. SEC. 41. BALTIMORE NHA. Section 8005(h) of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1253) is amended to read as follows: ``(h) Funding.--No Federal funds may be used to carry out this section.''. SEC. 42. CACHE LA POUDRE RIVER NHA. Section 8002(h) of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1234) is amended to read as follows: ``(h) Funding.--No Federal funds may be used to carry out this section.''. SEC. 43. FREEDOM'S WAY NHA. Section 8006(i) of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1260) is amended to read as follows: ``(i) Funding.--No Federal funds may be used to carry out this section.''. SEC. 44. KENAI MOUNTAINS-TURNAGAIN ARM NHA. Section 8010(h) of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1287) is amended to read as follows: ``(h) Funding.--No Federal funds may be used to carry out this section.''. SEC. 45. MISSISSIPPI DELTA NHA. Section 8008(h) of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1275) is amended to read as follows: ``(h) Funding.--No Federal funds may be used to carry out this section.''. SEC. 46. MISSISSIPPI HILLS NHA. Section 8007(h) of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1267) is amended to read as follows: ``(h) Funding.--No Federal funds may be used to carry out this section.''. SEC. 47. MUSCLE SHOALS NHA. Section 8009(i) of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1281) is amended to read as follows: ``(i) Funding.--No Federal funds may be used to carry out this section.''. SEC. 48. NORTHERN PLAINS NHA. Section 8004(h) of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1246) is amended to read as follows: ``(h) Funding.--No Federal funds may be used to carry out this section.''. SEC. 49. SANGRE DE CHRISTO NHA. Section 8001(h) of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1229) is amended to read as follows: ``(h) Funding.--No Federal funds may be used to carry out this section.''. SEC. 50. SOUTH PARK NHA. Section 8003(h) of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1240) is amended to read as follows: ``(h) Funding.--No Federal funds may be used to carry out this section.''.

Prohibits the use of federal funding for specified National Heritage Areas, Corridors, and Partnerships and similar areas.

{"src": "billsum_train", "title": "To provide that Federal funds may not be used for National Heritage Areas and similar areas, and for other purposes."}

SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Investment Competitiveness Act of 1997''. (b) Amendment of 1986 Code.--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. TREATMENT OF CERTAIN DIVIDENDS OF REGULATED INVESTMENT COMPANIES. (a) Treatment of Certain Dividends.-- (1) Nonresident alien individuals.--Section 871 (relating to tax on nonresident alien individuals) is amended by redesignating subsection (k) as subsection (l) and by inserting after subsection (j) the following new subsection: ``(k) Exemption for Certain Dividends of Regulated Investment Companies.-- ``(1) Interest-related dividends.-- ``(A) In general.--Except as provided in subparagraph (B), no tax shall be imposed under paragraph (1)(A) of subsection (a) on any interest- related dividend received from a regulated investment company. ``(B) Exceptions.--Subparagraph (A) shall not apply-- ``(i) to any interest-related dividend received from a regulated investment company by a person to the extent such dividend is attributable to interest (other than interest described in subparagraph (E) (i) or (iii)) received by such company on indebtedness issued by such person or by any corporation or partnership with respect to which such person is a 10-percent shareholder, ``(ii) to any interest-related dividend with respect to stock of a regulated investment company unless the person who would otherwise be required to deduct and withhold tax from such dividend under chapter 3 receives a statement (which meets requirements similar to the requirements of subsection (h)(5)) that the beneficial owner of such stock is not a United States person, and ``(iii) to any interest-related dividend paid to any person within a foreign country (or any interest-related dividend payment addressed to, or for the account of, persons within such foreign country) during any period described in subsection (h)(6) with respect to such country. Clause (iii) shall not apply to any dividend with respect to any stock which was acquired on or before the date of the publication of the Secretary's determination under subsection (h)(6). ``(C) Interest-related dividend.--For purposes of this paragraph, an interest-related dividend is any dividend (or part thereof) which is designated by the regulated investment company as an interest-related dividend in a written notice mailed to its shareholders not later than 60 days after the close of its taxable year. If the aggregate amount so designated with respect to a taxable year of the company (including amounts so designated with respect to dividends paid after the close of the taxable year described in section 855) is greater than the qualified net interest income of the company for such taxable year, the portion of each distribution which shall be an interest-related dividend shall be only that portion of the amounts so designated which such qualified net interest income bears to the aggregate amount so designated. ``(D) Qualified net interest income.--For purposes of subparagraph (C), the term `qualified net interest income' means the qualified interest income of the regulated investment company reduced by the deductions properly allocable to such income. ``(E) Qualified interest income.--For purposes of subparagraph (D), the term `qualified interest income' means the sum of the following amounts derived by the regulated investment company from sources within the United States: ``(i) Any amount includible in gross income as original issue discount (within the meaning of section 1273) on an obligation payable 183 days or less from the date of original issue (without regard to the period held by the company). ``(ii) Any interest includible in gross income (including amounts recognized as ordinary income in respect of original issue discount or market discount or acquisition discount under part V of subchapter P and such other amounts as regulations may provide) on an obligation which is in registered form; except that this clause shall not apply to-- ``(I) any interest on an obligation issued by a corporation or partnership if the regulated investment company is a 10-percent shareholder in such corporation or partnership, and ``(II) any interest which is treated as not being portfolio interest under the rules of subsection (h)(4). ``(iii) Any interest referred to in subsection (i)(2)(A) (without regard to the trade or business of the regulated investment company). ``(iv) Any interest-related dividend includable in gross income with respect to stock of another regulated investment company. ``(F) 10-percent shareholder.--For purposes of this paragraph, the term `10-percent shareholder' has the meaning given such term by subsection (h)(3)(B). ``(2) Short-term capital gain dividends.-- ``(A) In general.--Except as provided in subparagraph (B), no tax shall be imposed under paragraph (1)(A) of subsection (a) on any short-term capital gain dividend received from a regulated investment company. ``(B) Exception for aliens taxable under subsection (a)(2).--Subparagraph (A) shall not apply in the case of any nonresident alien individual subject to tax under subsection (a)(2). ``(C) Short-term capital gain dividend.--For purposes of this paragraph, a short-term capital gain dividend is any dividend (or part thereof) which is designated by the regulated investment company as a short-term capital gain dividend in a written notice mailed to its shareholders not later than 60 days after the close of its taxable year. If the aggregate amount so designated with respect to a taxable year of the company (including amounts so designated with respect to dividends paid after the close of the taxable year described in section 855) is greater than the qualified short-term gain of the company for such taxable year, the portion of each distribution which shall be a short-term capital gain dividend shall be only that portion of the amounts so designated which such qualified short-term gain bears to the aggregate amount so designated. ``(D) Qualified short-term gain.--For purposes of subparagraph (C), the term `qualified short-term gain' means the excess of the net short-term capital gain of the regulated investment company for the taxable year over the net long-term capital loss (if any) of such company for such taxable year. For purposes of this subparagraph-- ``(i) the net short-term capital gain of the regulated investment company shall be computed by treating any short-term capital gain dividend includible in gross income with respect to stock of another regulated investment company as a short-term capital gain, and ``(ii) the excess of the net short-term capital gain for a taxable year over the net long-term capital loss for a taxable year (to which an election under section 4982(e)(4) does not apply) shall be determined without regard to any net capital loss or net short-term capital loss attributable to transactions after October 31 of such year, and any such net capital loss or net short-term capital loss shall be treated as arising on the 1st day of the next taxable year. To the extent provided in regulations, clause (ii) shall apply also for purposes of computing the taxable income of the regulated investment company.'' (2) Foreign corporations.--Section 881 is amended by redesignating subsection (e) as subsection (f) and by inserting after subsection (d) the following new subsection: ``(e) Tax Not To Apply to Certain Dividends of Regulated Investment Companies.-- ``(1) Interest-related dividends.-- ``(A) In general.--Except as provided in subparagraph (B), no tax shall be imposed under paragraph (1) of subsection (a) on any interest-related dividend (as defined in section 871(k)(1)) received from a regulated investment company. ``(B) Exception.--Subparagraph (A) shall not apply-- ``(i) to any dividend referred to in section 871(k)(1)(B), and ``(ii) to any interest-related dividend received by a controlled foreign corporation (within the meaning of section 957(a)) to the extent such dividend is attributable to interest received by the regulated investment company from a person who is a related person (within the meaning of section 864(d)(4)) with respect to such controlled foreign corporation. ``(C) Treatment of dividends received by controlled foreign corporations.--The rules of subsection (c)(5)(A) shall apply to any interest-related dividend received by a controlled foreign corporation (within the meaning of section 957(a)) to the extent such dividend is attributable to interest received by the regulated investment company which is described in clause (ii) of section 871(k)(1)(E) (and not described in clause (i) or (iii) of such section). ``(2) Short-term capital gain dividends.--No tax shall be imposed under paragraph (1) of subsection (a) on any short-term capital gain dividend (as defined in section 871(k)(2)) received from a regulated investment company.'' (3) Withholding taxes.-- (A) Subsection (c) of section 1441 is amended by adding at the end the following new paragraph: ``(12) Certain dividends received from regulated investment companies.-- ``(A) In general.--No tax shall be required to be deducted and withheld under subsection (a) from any amount exempt from the tax imposed by section 871(a)(1)(A) by reason of section 871(k). ``(B) Special rule.--For purposes of subparagraph (A), clause (i) of section 871(k)(1)(B) shall not apply to any dividend unless the regulated investment company knows that such dividend is a dividend referred to in such clause. A similar rule shall apply with respect to the exception contained in section 871(k)(2)(B).'' (B) Subsection (a) of section 1442 is amended-- (i) by striking ``and the reference in section 1441(c)(10)'' and inserting ``the reference in section 1441(c)(10)'', and (ii) by inserting before the period at the end the following: ``, and the references in section 1441(c)(12) to sections 871(a) and 871(k) shall be treated as referring to sections 881(a) and 881(e) (except that for purposes of applying subparagraph (A) of section 1441(c)(12), as so modified, clause (ii) of section 881(e)(1)(B) shall not apply to any dividend unless the regulated investment company knows that such dividend is a dividend referred to in such clause)''. (b) Estate Tax Treatment of Interest in Certain Regulated Investment Companies.--Section 2105 (relating to property without the United States for estate tax purposes) is amended by adding at the end the following new subsection: ``(d) Stock in a RIC.-- ``(1) In general.--For purposes of this subchapter, stock in a regulated investment company (as defined in section 851) owned by a nonresident not a citizen of the United States shall not be deemed property within the United States in the proportion that, at the end of the quarter of such investment company's taxable year immediately preceding a decedent's date of death (or at such other time as the Secretary may designate in regulations), the assets of the investment company that were qualifying assets with respect to the decedent bore to the total assets of the investment company. ``(2) Qualifying assets.--For purposes of this subsection, qualifying assets with respect to a decedent are assets that, if owned directly by the decedent, would have been-- ``(A) amounts, deposits, or debt obligations described in subsection (b) of this section, ``(B) debt obligations described in the last sentence of section 2104(c), or ``(C) other property not within the United States.'' (c) Treatment of Regulated Investment Companies Under Section 897.-- (1) Paragraph (1) of section 897(h) is amended by striking ``REIT'' each place it appears and inserting ``qualified investment entity''. (2) Paragraphs (2) and (3) of section 897(h) are amended to read as follows: ``(2) Sale of stock in domestically-controlled entity not taxed.--The term `United States real property interest' does not include any interest in a domestically-controlled qualified investment entity. ``(3) Distributions by domestically-controlled qualified investment entities.--In the case of a domestically-controlled qualified investment entity, rules similar to the rules of subsection (d) shall apply to the foreign ownership percentage of any gain.'' (3) Subparagraphs (A) and (B) of section 897(h)(4) are amended to read as follows: ``(A) Qualified investment entity.--The term `qualified investment entity' means any real estate investment trust and any regulated investment company. ``(B) Domestically-controlled.--The term `domestically-controlled qualified investment entity' means any qualified investment entity in which at all times during the testing period less than 50 percent in value of the stock was held directly or indirectly by foreign persons.'' (4) Subparagraphs (C) and (D) of section 897(h)(4) are each amended by striking ``REIT'' and inserting ``qualified investment entity''. (5) The subsection heading for subsection (h) of section 897 is amended by striking ``REITS'' and inserting ``Certain Investment Entities''. (d) Effective Date.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to dividends with respect to taxable years of regulated investment companies beginning after the date of the enactment of this Act. (2) Estate tax treatment.--The amendment made by subsection (b) shall apply to estates of decedents dying after the date of the enactment of this Act. (3) Certain other provisions.--The amendments made by subsection (c) (other than paragraph (1) thereof) shall take effect on the date of the enactment of this Act.

Investment Competitiveness Act of 1997 - Amends the Internal Revenue Code to exempt interest-related dividends and short-term capital gain dividends received from a regulated investment company from the 30 percent tax on the income of nonresident aliens and foreign corporations not connected with a U.S. business, subject to exception. Revises provisions concerning: (1) the estate tax treatment of stock in certain regulated investment companies owned by a nonresident; and (2) the distribution of U.S. property by a qualified investment entity (currently, a real estate investment trust).

{"src": "billsum_train", "title": "Investment Competitiveness Act of 1997"}

CAPABILITIES OF THE ORGANIZATION OF AFRICAN UNITY. (a) Authorization of Assistance.--The President is authorized to provide assistance to strengthen the conflict resolution capability of the Organization of African Unity, as follows: (1) Funds may be provided to the Organization of African Unity for use in supporting its conflict resolution capability. (2) Funds may be used for expenses of sending individuals with expertise in conflict resolution to work with the Organization of African Unity. (b) Funding.--Of the foreign assistance funds that are allocated for sub-Saharan Africa, not less than $1,500,000 for each of the fiscal years 1995 through 1998 should be used to carry out subsection (a). SEC. 4. IMPROVING CONFLICT RESOLUTION CAPABILITIES OF MULTILATERAL SUBREGIONAL ORGANIZATIONS IN AFRICA. (a) Authorization of Assistance.--The President is authorized to provide assistance to strengthen the conflict resolution capabilities of subregional organizations established by countries in sub-Saharan Africa, as follows: (1) Funds may be provided to such an organization for use in supporting its conflict resolution capability. (2) Funds may be used for the expenses of sending individuals with expertise in conflict resolution to work with such an organization. (b) Funding.--Of the foreign assistance funds that are allocated for sub-Saharan Africa, such sums as may be necessary for each of the fiscal years 1995 through 1998 may be used to carry out subsection (a). SEC. 5. AFRICAN DEMOBILIZATION AND RETRAINING PROGRAM. (a) Authorization of Assistance.--In order to facilitate reductions in the size of the armed forces of countries of sub-Saharan Africa, the President is authorized to provide assistance for-- (1) the encampment and related activities for the purpose of demobilization of such forces; and (2) the reintegration of demobilized military personnel into civilian society through activities such as retraining for civilian occupations, creation of income-generating opportunities, the reintegration into agricultural activities, and the transportation to the home areas of such personnel. (b) Funding.--Of the foreign assistance funds that are allocated for sub-Saharan Africa, $25,000,000 for each of the fiscal years 1995 and 1996 should be used for the assistance described in subsection (a), if conditions permit. SEC. 6. TRAINING FOR AFRICANS IN CONFLICT RESOLUTION AND PEACEKEEPING. Chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.) is amended by adding at the end the following new section: ``SEC. 546. CONFLICT RESOLUTION AND PEACEKEEPING PROGRAM FOR SUB- SAHARAN AFRICA. ``In addition to the other education and training activities carried out under this chapter, the President is authorized to establish a program to provide education and training in conflict resolution and peacekeeping for civilian and military personnel of countries in sub-Saharan Africa.''. SEC. 7. BUILDING MEDIATION CAPABILITY IN AFRICA. (a) Authorization of Assistance.--The President is authorized to provide assistance to nongovernmental organizations that are engaged in mediation and reconciliation efforts in Africa. (b) Funding.--Of the foreign assistance funds that are allocated for sub-Saharan Africa, such sums as may be necessary for each of the fiscal years 1995 and 1996 should be used to carry out subsection (a). SEC. 8. PLAN FOR UNITED STATES SUPPORT FOR CONFLICT RESOLUTION AND DEMOBILIZATION IN SUB-SAHARAN AFRICA. (a) In General.--In furtherance of and building upon the provisions of sections 3 through 7, the President shall develop an integrated long-term plan to provide support for the enhancement of conflict resolution capabilities and demobilization activities in sub-Saharan Africa. (b) Contents of Plan.--Such plan shall identify, among other things, the following: (1) The type, purpose, amount, and duration of assistance that is planned to be provided to conflict resolution units in sub-Saharan Africa. (2) The type and amount of assistance that is planned to be provided for the demobilization of military personnel of countries of sub-Saharan Africa, including-- (A) a list of which countries will receive such assistance and an explanation of why such countries were chosen for such assistance; and (B) a list of other countries and international organizations that are providing assistance for such demobilization. (3) The type and amount of assistance that is planned to be provided to nongovernmental organizations that are engaged in mediation and reconciliation efforts in sub-Saharan Africa. (4) A description of proposed training programs for Africans in conflict resolution and peacekeeping, including a list of prospective participants and plans to expand such programs. (5) The mechanisms to be used to coordinate interagency efforts to administer the plan. (6) Efforts to seek the participation of other countries and international organizations to achieve the objectives of the plan. (c) Report.--Not later than 120 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report containing a description of the plan developed under this section. SEC. 9. REPORTING REQUIREMENT. Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report describing the efforts and progress made in carrying out the provisions of this Act. SEC. 10. CONSULTATION REQUIREMENT. The President shall consult with the appropriate congressional committees prior to providing assistance under section 3 or section 5. SEC. 11. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED. For purposes of this Act, the term ``appropriate congressional committees'' means the Committee on Foreign Affairs, the Committee on Appropriations, and the Committee on Armed Services of the House of Representatives and the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on Armed Services of the Senate. Passed the House of Representatives September 19, 1994. Attest: DONNALD K. ANDERSON, Clerk.

African Conflict Resolution Act - Authorizes the President to provide assistance to: (1) strengthen the conflict resolution capabilities of the Organization of African Unity and subregional organizations established by countries in Subsaharan Africa; (2) provide for demobilizations of armed forces in Subsaharan African countries and for the reintegration of demobilized military personnel into civilian society; and (3) nongovernmental organizations engaged in mediation and reconciliation efforts in Africa. Earmarks funds for such purposes from foreign assistance funds allocated for Subsaharan Africa. Amends the Foreign Assistance Act of 1961 to authorize the President to establish a program to provide education and training in conflict resolution and peacekeeping for civilian and military personnel of countries in Subsaharan Africa. Requires the President to develop an integrated long-term plan to support the enhancement of conflict resolution capabilities and demobilization activities in Subsaharan Africa.

{"src": "billsum_train", "title": "African Conflict Resolution Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stormwater Control Reform Act of 1994''. SEC. 2. STORMWATER MANAGEMENT. Section 402(p) of the Federal Water Pollution Control Act (33 U.S.C. 1342(p)) is amended-- (1) by striking paragraph (1); (2) by redesignating paragraph (2) as paragraph (1); (3) in paragraph (1) (as so redesignated)-- (A) by striking the matter preceding subparagraph (A) and inserting the following: ``(1) In general.--The requirements of paragraph (4) for applications and the issuance of permits for stormwater discharges shall apply to:''; (B) in subparagraph (B), by inserting ``or commercial'' after ``industrial''; (C) by striking ``separate'' each place it appears in subparagraphs (C) and (D); (D) by redesignating subparagraph (E) as subparagraph (F); and (E) by inserting after subparagraph (D) the following new subparagraph: ``(E) A discharge from a municipal storm sewer system serving a population of fewer than 100,000 individuals that is located in an urbanized area (as designated by the Bureau of the Census) in which a stormwater discharge covered by a permit issued under subparagraph (C) or (D) is also located.''; (4) by inserting after paragraph (1) (as so redesignated) the following new paragraph: ``(2) Other municipal stormwater discharges.-- ``(A) Moratorium on permitting for remaining urbanized areas.-- ``(i) Municipal stormwater systems.--Except as provided in clauses (iii) and (iv), prior to October 1, 2001, neither the Administrator nor the State (in the case of a permit program approved under subsection (b)) shall require a permit under this section for discharges composed entirely of stormwater from municipal storm sewer systems serving a population of fewer than 100,000 individuals that is located in an urbanized area (as designated by the Bureau of the Census) other than discharges described in paragraph (1)(E). ``(ii) Advance notice of proposed rulemaking.--Not later than 2 years after the date of enactment of this subparagraph, the Administrator shall publish an advance notice of proposed rulemaking that summarizes available information on municipal storm sewer systems covered by clause (i) and outlines the options being considered for regulations under clause (iii). ``(iii) Regulations.--The Administrator may issue regulations specifying permit application requirements for permits for the discharges covered by clause (i) prior to October 1, 1998, based on a determination by the Administrator that the discharges would be appropriately regulated by a permit issued pursuant to this subsection. If the Administrator issues the regulations, permits shall be issued or denied for the discharges not later than 7 years after the date of enactment of paragraph (3)(C). ``(iv) Failure to issue regulations.-- Notwithstanding clause (i), if the Administrator fails to issue the regulations described in clause (iii) prior to October 1, 1998, the discharges covered by clause (i) shall be subject to the requirements of section 301 and this section as of October 1, 1998. ``(B) Exemption from permit requirements for nonurbanized areas.--Notwithstanding section 301 or any other provision of this section, a source of discharges composed entirely of stormwater from municipal storm sewer systems, other than the discharges described in paragraph (1) or subparagraph (A), is not required to obtain a permit for the discharges under this Act. ``(C) Clarification.--Nothing in this subsection shall be interpreted, construed, or applied to modify the requirements of this Act (including other provisions of this section) otherwise applicable to discharges of stormwater combined with domestic or industrial wastewater.''; (5) in paragraph (3)-- (A) in subparagraph (A)-- (i) by inserting ``and commercial'' after ``Industrial''; and (ii) by inserting ``and commercial'' after ``industrial''; (B) in subparagraph (B)-- (i) by striking ``and'' at the end of clause (ii); (ii) by striking the period at the end of clause (iii) and inserting ``; and''; and (iii) by adding at the end the following new clause: ``(iv) shall include monitoring and reporting requirements that, at minimum, provide for-- ``(I) representative monitoring for the quality of receiving waters; and ``(II) reporting for the implementation of management measures.''; and (C) by adding at the end the following new subparagraphs: ``(C) Maximum extent practicable.-- ``(i) Maximum extent practicable defined.-- As used in subparagraph (B)(iii) (and with respect to permits issued after the date that is 2 years after the date of enactment of this subparagraph), the term `maximum extent practicable' means applying management measures, as defined in section 6217(g)(5) of the Coastal Zone Act Reauthorization Amendments of 1990 (16 U.S.C. 1455b(g)(5)), for municipal stormwater discharges that, in the judgment of the Administrator (or a State authorized to issue a permit under this section), will attain and maintain water quality standards. ``(ii) Guidance.--Not later than 2 years after the date of enactment of this subparagraph, the Administrator, after consultation with persons with expertise in the management of stormwater (including officials of local governments and representatives of public interest groups), shall-- ``(I) establish requirements for specific management measures for municipal stormwater discharges based on the guidance issued under section 6217 of the Coastal Zone Act Reauthorization Amendments of 1990 (16 U.S.C. 1445b) to define `maximum extent practicable' for the purposes of this section; and ``(II) if practicable, include in the requirements minimum and objective performance standards for each of the management measures. ``(D) Numeric effluent limitations.-- Notwithstanding section 301 and this section, during the 10-year period beginning on the date of enactment of this subparagraph, a permit issued pursuant to this subsection for discharges from municipal storm sewers composed entirely of stormwater shall not require compliance with numeric effluent limitations and water quality standards shall not be applied or enforced as effluent limitations. ``(E) Municipally owned and commercial discharges.--The Administrator (or a State with a program approved under subsection (b)) may issue a consolidated permit for discharges from a storm sewer system owned by a municipality and the stormwater discharges from industrial or commercial sources owned by the same municipality.''; (6) in paragraph (4)-- (A) by striking ``(2)'' each place it appears and inserting ``(1)''; (B) in subparagraph (B)-- (i) by striking ``(B) Other municipal discharges.--Not later than'' and inserting the following: ``(B) Other municipal discharges.-- ``(i) In general.--Not later than''; and (ii) by adding at the end the following new clauses: ``(ii) Deadline for submission of application.--Applications for permits for discharges from municipal storm systems that were not required to apply for a permit before the date of enactment of this clause because the systems are combined storm and sanitary systems shall be filed not later than 4 years after the date of enactment of this clause. ``(iii) Effective date.--The requirement for a permit under section 301 and this section shall apply to discharges from municipal storm sewer systems described in paragraph (1)(E) beginning on the date of the expiration of a permit for a discharge described in subparagraph (C) or (D) of paragraph (1) that is located in the same urbanized area and that occurs after the date that is 3 years after the date of enactment of this clause.''; and (C) by adding at the end the following new subparagraph: ``(C) Commercial and light industrial discharges.-- ``(i) In general.--Except as provided in clause (ii), the Administrator shall, after notice and opportunity for public comment, establish permit application and other requirements for stormwater discharges from commercial and light industrial sources and ensure that permits under this section for all sources are issued as expeditiously as practicable, but no later than 8 years after the date of enactment of this subparagraph. ``(ii) Exceptions.--This subparagraph shall not apply to discharges from sources that-- ``(I) were required to submit applications for a permit by the rule published by the Administrator at 55 Fed. Reg. 47990 (November 16, 1990); ``(II) are in a source or a class for which an exemption to the permit requirements of this section and section 301 is granted before the date that is 8 years after the date of enactment of this subparagraph, pursuant to paragraph (5); or ``(III) are owned or operated by a municipality and are subject to a consolidated permit as authorized by paragraph (3)(E). ``(D) Regulations.--The Administrator shall publish a notice of proposed rulemaking for the requirements described in subparagraph (C) not later than 4 years after the date of enactment of this subparagraph and shall issue final regulations relating to the requirements not later than 6 years after the date of enactment of this subparagraph.''; and (7) by striking paragraphs (5) and (6) and inserting the following new paragraphs: ``(5) Commercial and light industrial discharges.-- ``(A) In general.--The Administrator may exempt a class or category of commercial and light industrial discharges composed entirely of stormwater (other than discharges subject to permit application requirements published at 55 Fed. Reg. 47990 (November 16, 1990)) from the requirement to obtain a permit pursuant to section 301 and this section if the Administrator determines based on available information that, considering controls and management measures installed at sources in the class or category, stormwater discharges from sources in the class or category have minimal effect on water or sediment quality. ``(B) Regulations.-- ``(i) In general.--The Administrator shall issue regulations for classes or categories of discharges exempt under subparagraph (A). ``(ii) Contents.--Such regulations shall, at a minimum, establish priorities, establish requirements for State stormwater management programs, and establish expeditious deadlines for compliance with the requirements established by the regulations. The regulations may include performance standards, guidelines, guidance, and management practices and treatment requirements, as appropriate. The Administrator may, in making a determination under subparagraph (A), take into account controls and management measures established pursuant to this subparagraph. ``(iii) References.--For purposes of sections 309 and 505, any reference to a permit issued under section 402 shall be interpreted to include a requirement imposed by a regulation issued pursuant to this subparagraph. ``(6) Stormwater research.-- ``(A) In general.--To determine the most cost- effective and technologically feasible means of improving the quality of the waters of the Nation, the Administrator shall establish an initiative through which the Administrator shall fund State and local demonstration programs and research to test innovative approaches to address the impacts of hydrologic and hydraulic changes, source controls, and water quality management practices and controls for runoff from municipal storm sewers. Persons conducting demonstration programs and research funded under the initiative shall also take into account the physical nature of episodic stormwater flows, the varying pollutants in stormwater, the actual risk the flows pose to the designated beneficial uses, and the ability of natural ecosystems to accept temporary stormwater events. ``(B) Award of funds.--The Administrator shall award the demonstration and research program funds taking into account regional and population variations. ``(C) Authorization of appropriations.--There are authorized to be appropriated to carry out this paragraph a total of $100,000,000 for the period consisting of fiscal years 1995 through 2004. Such sums shall remain available until expended. ``(7) Additional monitoring support.--Municipalities subject to permits issued under this subsection shall be eligible for grants under section 319(h) to train and facilitate training of citizens in citizen watershed monitoring activities to support municipal stormwater management programs.''.

Stormwater Control Reform Act of 1994 - Amends the Federal Water Pollution Control Act to apply permit requirements to stormwater discharges associated with commercial activity. Exempts, with exceptions, a discharge composed entirely of stormwater from a municipal storm sewer system serving a population of fewer than 100,000 individuals that is located in an urbanized area from permit requirements prior to October 1, 2001. Exempts sources of discharges composed entirely of stormwater from such sewer systems from permit requirements (currently, such exemption is only available prior to October 1, 1994). Provides that permits issued for discharges from municipal storm sewers composed entirely of stormwater shall not require compliance with numeric effluent limitations and water quality standards shall not be applied or enforced as effluent limitations. Authorizes the Administrator to issue a consolidated permit for discharges from a storm sewer system owned by a municipality and the stormwater discharges from industrial or commercial sources owned by the same municipality. Requires the Administrator to establish permit requirements for stormwater discharges from commercial and light industrial sources. Authorizes the Administrator to exempt certain commercial and light industrial stormwater discharges from permit requirements. Directs the Administrator to establish an initiative to fund State and local demonstration programs and research to test innovative approaches to address the impacts of hydrologic and hydraulic changes, source controls, and water quality management practices and controls for runoff from municipal storm sewers. Authorizes appropriations. Makes municipalities subject to stormwater discharge permit requirements eligible for grants to train citizens in watershed monitoring activities to support municipal stormwater management programs.

{"src": "billsum_train", "title": "Stormwater Control Reform Act of 1994"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Guidance Out Of Darkness Act'' or the ``GOOD Act''. SEC. 2. PURPOSE. It is the purpose of this Act to increase the transparency of agency guidance documents and to make guidance documents more readily available to the public. SEC. 3. PUBLICATION OF GUIDANCE DOCUMENTS ON THE INTERNET. (a) In General.--On the date on which an agency issues a guidance document, the head of the agency shall publish the guidance document in accordance with subsection (c). (b) Previously Issued Guidance Documents.--With respect to any guidance document issued by an agency before the effective date of this Act that is in effect on the effective date of this Act, the head of each agency shall meet the requirements of subsection (c). (c) Single Location.--The head of each agency shall: (1) Publish any guidance document issued by the agency in a single location on an online portal designated by the Director of the Office of Management and Budget. (2) With respect to a guidance document issued by an agency, include a hyperlink on the online portal of the agency that provides access to the guidance document published pursuant to paragraph (1). (3) Ensure that any guidance document published pursuant to paragraph (1) is-- (A) clearly identified as a guidance document; (B) sorted into subcategories, as appropriate; (C) published in a machine-readable and open format; and (D) searchable. (4) Ensure that any hyperlink described in paragraph (2) be prominently displayed on the online portal of the agency. (d) Rescinded Guidance Documents.--Not later than the date on which a guidance document issued by an agency is rescinded, the head of the agency shall on the online portal described in subsection (c)(1)-- (1) maintain a copy of the rescinded guidance document; and (2) indicate-- (A) that the guidance document is rescinded; and (B) the date on which the guidance document was rescinded. (e) Deadline to Designate Portal.--Not later than 30 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall designate an online portal in accordance with subsection (c)(1). SEC. 4. RULES OF CONSTRUCTION. (a) Guidance Documents.--In this Act, the term ``guidance document'' shall be construed broadly. (b) Congressional Review.--Nothing in this Act may be construed to affect whether a guidance document qualifies as a rule for purposes of chapter 8 of title 5, United States Code. SEC. 5. DEFINITIONS. In this Act: (1) Agency.--The term ``agency'' has the meaning given that term in section 551 of title 5, United States Code. (2) Guidance document.--The term ``guidance document''-- (A) means an agency statement of general applicability (other than a rule that has the force and effect of law promulgated in accordance with the notice and public procedure under section 553 of title 5, United States Code) that-- (i) does not have the force and effect of law; and (ii) sets forth-- (I) an agency decision or a policy on a statutory, regulatory, or technical issue; or (II) an interpretation of a statutory or regulatory issue; and (B) may include any of the following: (i) A memorandum. (ii) A notice. (iii) A bulletin. (iv) A directive. (v) A news release. (vi) A letter. (vii) A blog post. (viii) A no-action letter. (ix) A speech by an agency official. (x) An advisory. (xi) A manual. (xii) A circular. (xiii) Any combination of the items described in clauses (i) through (xii). (3) Rule.--The term ``rule'' has the meaning given that term in section 551 of title 5, United States Code. SEC. 6. EFFECTIVE DATE. Except as provided in section 3(e), this Act shall take effect on the date that is 180 days after the date of the enactment of this Act. Passed the House of Representatives September 26, 2018. Attest: KAREN L. HAAS, Clerk.

Guidance Out Of Darkness Act or the GOOD Act (Sec. 3) This bill requires an agency to: (1) publish guidance documents online on the dates they are issued, (2) publish all of its guidance documents that are in effect in a single location on an online portal designated by the Office of Management and Budget (OMB), and (3) display a hyperlink on the agency's online portal that provides access to the guidance documents. The documents must be identified as guidance documents, sorted into subcategories, published in a machine-readable and open format, and searchable. On the date a guidance document is rescinded, an agency must add an indication on the online portal designated by OMB that the guidance document is rescinded and the date on which it was rescinded. OMB must designate an online portal within 30 days.

{"src": "billsum_train", "title": "Guidance Out Of Darkness Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Protection Improvements Act of 2013''. SEC. 2. FINDINGS. Congress finds the following: (1) The Integrated Automated Fingerprint Identification System of the Federal Bureau of Investigation maintains fingerprints and criminal history records on more than 71,000,000 individuals. (2) Congress has worked with the States to make criminal history background checks available to organizations seeking to screen employees and volunteers who work with children, the elderly, and individuals with disabilities, through the National Child Protection Act of 1993 (42 U.S.C. 5119 et seq.), the Volunteers for Children Act (Public Law 105-251; 112 Stat. 1885), the Serve America Act (Public Law 111-13; 123 Stat. 1460), the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248; 120 Stat. 587), and statutes enacted by 48 states in compliance with Public Law 92-544. However, there may still be persons providing care and services to children who fall outside these numerous and broad categories of criminal history background checks authorized by Federal and State law. SEC. 3. BACKGROUND CHECKS. The National Child Protection Act of 1993 (42 U.S.C. 5119 et seq.) is amended-- (1) by redesignating section 5 as section 6; and (2) by inserting after section 4 the following: ``SEC. 5. PROGRAM FOR NATIONAL CRIMINAL HISTORY BACKGROUND CHECKS. ``(a) Definitions.--In this section-- ``(1) the term `background check designee' means the entity designated by the Attorney General under subsection (b)(3) to carry out the duties described in subsection (c); ``(2) the term `covered entity' means any business or organization that provides, or licenses, certifies, or coordinates individuals or organizations to provide, care, care placement, supervision, treatment, education, training, instruction, or recreation to children; ``(3) the term `covered individual' means an individual-- ``(A) who has, seeks to have, or may have unsupervised access to vulnerable populations served by a covered entity; or ``(B) who-- ``(i) is employed by or volunteers with, or seeks to be employed by or volunteer with, a covered entity; or ``(ii) owns or operates, or seeks to own or operate, a covered entity; ``(4) the term `criminal history review designee' means the entity designated by the Attorney General under subsection (b)(2) to carry out the criminal history review program; ``(5) the term `criminal history review program' means the program established under subsection (d); ``(6) the term `qualified State program' means a program of a State authorized agency that provides access to national criminal history background checks, as authorized by Federal or State law; ``(7) the term `State' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau; and ``(8) the term `vulnerable populations' shall include elderly persons, disabled persons, and children. ``(b) Establishment of Program.-- ``(1) Purpose.--The purpose of this subsection is to facilitate widespread access to State and national criminal history background checks, not otherwise authorized by Federal or State law, on covered individuals. ``(2) In general.--Not later than 1 year after the date of enactment of the Child Protection Improvements Act of 2013, the Attorney General shall establish-- ``(A) policies and procedures to carry out the duties described in subsection (c); and ``(B) a criminal history review program in accordance with subsection (d). ``(3) Designees.--The Attorney General may designate one or more Federal Government agencies to carry out the duties described in subsection (c). ``(c) Access to State and National Background Checks.-- ``(1) Duties.--The Attorney General shall-- ``(A) inform covered entities and covered individuals about how to request State and national background checks-- ``(i) for covered entities and covered individuals located in a State with a qualified State program, by referring the covered entity or covered individual to the State authorized agency; or ``(ii) for covered entities and covered individuals located in a State without a qualified State program, by providing information on alternative methods of obtaining a State and national background check; ``(B) complete a check of the national criminal history background check system; and ``(C) provide information received in response to such national criminal history background check to the criminal history review designee. ``(2) Required information.--A request for a State and national criminal history background check shall include-- ``(A) the fingerprints of the covered individual; ``(B) other documents required by State law for a State criminal history background check; and ``(C) the appropriate fee. ``(3) Fees.--The Attorney General shall, in addition to the fee for the noncriminal justice national criminal history background check authorized under section 534 of title 28, United States Code-- ``(A) collect a fee to offset the costs of carrying out the duties described in subsection (d), in an amount equal to the cost of conducting the criminal history review; and ``(B) remit such fee to the Federal Bureau of Investigation. ``(d) Criminal History Review Program.-- ``(1) Purpose.--The purpose of this subsection is to provide covered entities with reliable and accurate information regarding the fitness of the covered individuals to have responsibility for the safety and well-being of vulnerable populations in their care. ``(2) Requirements.--The Attorney General or designee shall-- ``(A) establish procedures to securely receive criminal history records; ``(B) make determinations regarding whether the criminal history records received in response to a criminal history background check conducted under this section indicate that the covered individual has a criminal history that may bear on the covered individual's fitness to provide care to vulnerable populations; ``(C) convey to the covered entity that submitted the request for a State and national criminal history background check-- ``(i) the fitness and suitability of the covered individual based solely on the criteria described in paragraph (3); and ``(ii) instructions and guidance that the covered entity should consult the Equal Employment Opportunity Commission Enforcement Guidance #915.002, dated April 25, 2012, `Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act of 1964', or any successor thereto, issued by the United States Equal Employment Opportunity Commission. ``(3) Criminal history review criteria.--In determining whether a criminal history record indicates that a covered individual has a criminal history that may bear on the fitness of the covered individual to provide care to vulnerable populations, the Attorney General or designee shall employ the criteria used to evaluate individuals under other Federal laws, such as the Volunteers for Children Act (Public Law 105-251; 112 Stat. 1885), the Serve America Act (Public Law 111-13; 123 Stat. 1460), and the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248; 120 Stat. 587). ``(4) Application processing.-- ``(A) In general.--The Attorney General shall establish the process by which a covered entity or a covered individual in a State without a qualified State program may obtain a State and national criminal history background check. ``(B) Challenge to completeness of record.--A covered individual may challenge the completeness of any information in the criminal history record of the individual by contacting the Federal Bureau of Investigation under the procedure set out in section 16.34 of title 28, Code of Federal Regulations, or any successor thereto. ``(5) Participation in program.--The Attorney General or designee shall determine whether an entity is a covered entity. ``(6) Privacy of information.-- ``(A) In general.--Any entity authorized to receive or transmit fingerprints or criminal history records under this section-- ``(i) shall use the fingerprints, criminal history records, or information in the criminal history records only for the purposes specifically set forth in this section; and ``(ii) shall maintain adequate security measures to ensure the confidentiality of the fingerprints, the criminal history records, and the information in the criminal history records. ``(B) Retention of fingerprints by the fbi.--In accordance with State or Federal procedures, for the purpose of providing fingerprint verification, criminal investigation or subsequent hit notification services, or for the retention of criminal history, the Federal Bureau of Investigation may retain any fingerprints submitted to the Federal Bureau of Investigation under this section. ``(7) Rule of construction.--Nothing in this subsection shall be construed to change or replace any background check program authorized by Federal or State law on the day before the date of enactment of the Child Protection Improvements Act of 2013.''.

Child Protection Improvements Act of 2013 - Amends the National Child Protection Act of 1993 to direct the Attorney General to: (1) establish policies and procedures to streamline the process of obtaining state and national criminal history background checks on covered individuals, and (2) establish a criminal history review program to provide covered entities with reliable and accurate information on the criminal history of a covered individual. Defines "covered entity" as any business or organization that provides, or licenses, certifies, or coordinates individuals or organizations to provide, care, care placement, supervision, treatment, education, training, instruction, or recreation to children. Defines "covered individual" as an individual who: (1) has, seeks to have, or may have unsupervised access to vulnerable populations (i.e., elderly, disabled, and children) served by a covered entity; (2) is employed by or volunteers with, or seeks to be employed by or volunteer with, a covered entity; or (3) owns or operates, or seeks to own or operate, a covered entity.

{"src": "billsum_train", "title": "Child Protection Improvements Act of 2013"}

SECTION 1. ELECTRONIC WASTE EXPORT RESTRICTIONS. (a) Amendment.--Subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.) is amended by adding at the end the following new section: ``SEC. 3024. ELECTRONIC WASTE EXPORT RESTRICTIONS. ``(a) In General.--Beginning 12 months after the date of enactment of this section, except as provided in subsection (e) or (f), no person shall export any restricted electronic waste to a country described in subsection (c). ``(b) Definitions.-- ``(1) In general.--For purposes of this section-- ``(A) the term `covered electronic equipment' means used personal computers, servers, monitors, televisions, other video display products, printers, copiers, facsimile machines, video cassette recorders, digital video disc players, video game systems, digital audio players, personal digital assistants, telephones, image scanners, and other used electronic products the Administrator determines to be similar; and ``(B) the term `restricted electronic waste' means items of covered electronic equipment, whole or in fragments, that include, contain, or consist of-- ``(i) circuit boards, lamps, switches, or other parts, components, assemblies, or materials derived therefrom containing mercury or polychlorinated biphenyls; ``(ii) circuit boards, lamps, switches, or other parts, components, assemblies, or materials derived therefrom containing-- ``(I) antimony in concentrations greater than 1.0 mg/L; ``(II) beryllium in concentrations greater than .007 mg/L; ``(III) cadmium, in concentrations greater than 1.0 mg/L; ``(IV) chromium in concentrations greater than 5.0 mg/L; or ``(V) lead in concentrations greater than 5.0 mg/L; ``(iii) circuit boards, lamps, switches, or other parts, components, assemblies, or materials derived therefrom containing any other toxic material identified by the Administrator under paragraph (2); ``(iv) cathode ray tubes or cathode ray tube glass in any form; or ``(v) batteries containing lead, cadmium, mercury, or flammable organic solvents. ``(2) Additional restricted materials.--The Administrator shall establish procedures for identifying additional restricted materials, the presence of which in covered electronic equipment poses a substantial hazard to human health or the environment at the end of the life of the equipment. ``(c) Countries to Which Prohibition Applies.--The countries referred to in subsection (a) are all countries which are not-- ``(1) members of the Organization for Economic Cooperation and Development or the European Union; or ``(2) Liechtenstein. ``(d) General Exceptions.--The prohibition under this section shall not apply to-- ``(1) the export of used electronic equipment or parts, for use or reuse, if-- ``(A) such export is to a country that the Administrator finds under subsection (e) will permit trade in such equipment or parts; and ``(B) such equipment or parts are tested prior to export and found to be functional for at least one of the primary purposes for which the equipment or parts were designed, and are being sold to a customer who will reuse such equipment or parts without further repairs; ``(2) furnace-ready cathode ray tube glass cullet, cleaned of all phosphors, to be used as a direct feedstock in a lead- glass manufacturing furnace without further processing or preparation required other than quality control, which the competent authority in the importing country has stated in writing is not waste; ``(3) returns of used electronic equipment under warranty by consumers or other contractual warranty collectors to the original equipment manufacturer or its contractual agent for purposes of warranty repair or refurbishment; or ``(4) the export of used electronic equipment or parts for repair or refurbishment in the importing country, with the intention of subsequent reuse, if-- ``(A) such export is to a country that the Administrator finds under subsection (e) will permit trade in such equipment or parts; ``(B) the export is made by an original equipment manufacturer or its contractual agent, or an entity that meets an independent standard as identified by the Administrator; and ``(C) the person who exports the equipment or parts-- ``(i) prior to shipment to any receiving facility, submits an annual notification to the Administrator, which includes-- ``(I) a statement that the notifier plans to export used electronic equipment or parts for refurbishment or repair with the intention of subsequent reuse; ``(II) the notifier's name, address, and Environmental Protection Agency ID number (if applicable); ``(III) the name and phone number of a contact person; ``(IV) the type of used electronic equipment or parts that will be shipped; and ``(V) the name, address, and contact information of the receiving facility; and ``(ii) keeps copies of normal business records, such as contracts, demonstrating that each shipment of exported used electronic equipment or parts is intended for repair or refurbishment and subsequent reuse, which documentation shall be retained for a period of at least 3 years after the date the used electronic equipment or parts were exported. ``(e) Foreign Markets.--Not later than 12 months after the date of enactment of this section, and annually thereafter, the Administrator shall identify for each country whether such country's laws and policies permit trade in such equipment or parts, by requesting written confirmation from the competent authority of the importing country. ``(f) Regulations.--Not later than 12 months after the date of enactment of this section, the Administrator shall issue regulations for carrying out this section, including-- ``(1) testing requirements for verifying that used covered electronic equipment or parts proposed to be exported under this section are functional for the purposes for which they were designed, including requirements for proper packaging to prevent such equipment or parts from losing functionality due to damage during transit; and ``(2) in consultation with the appropriate Federal agency or agencies, provisions for an efficient export control regime to identify exports covered by this section and provide for enforcement in coordination with other enforcement procedures administered by United States Customs and Border Protection.''. (b) Table of Contents Amendment.--The table of contents for the Solid Waste Disposal Act is amended by adding after the item relating to section 3023 the following new item: ``3024. Electronic waste export restrictions.''. SEC. 2. CRIMINAL PENALTIES. Section 3008(d) of the Solid Waste Disposal Act (42 U.S.C. 6928(d)) is amended-- (1) by striking ``or'' at the end of paragraph (6); (2) by inserting ``or'' at the end of paragraph (7); and (3) by inserting after paragraph (7) the following new paragraph: ``(8) knowingly exports restricted electronic waste in violation of section 3024;''.

Amends the Solid Waste Disposal Act to: (1) prohibit the export of restricted electronic waste to countries that are not members of the Organization for Economic Cooperation and Development or the European Union, or Liechtenstein; (2) require the Administrator of the Environmental Protection Agency (EPA), annually, to identify countries that permit trade in used electronic equipment and parts; and (3) impose criminal penalties for knowingly exporting restricted electronic waste in violation of this Act. Allows certain exceptions to such export ban. Defines "restricted electronic waste" to include electronic equipment, such as computers, televisions, printers, copiers, video players, and similar used electronic products, that contain circuit boards and other parts containing mercury or polychlorinated biphenyls, antimony, beryllium, cadmium, chromium, or lead and cathode ray tubes and batteries containing lead and other toxic ingredients.

{"src": "billsum_train", "title": "To restrict certain exports of electronic waste."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Investment Tax Relief Act of 2001''. SEC. 2. EXCLUSION FOR GAIN FROM STOCK OF SMALL, PUBLICLY TRADED COMPANIES. (a) In General.--Part 1 of subchapter P of chapter 1 of the Internal Revenue Code of 1986 (relating to treatment of capital gains) is amended by inserting after section 1202 the following new section: ``SEC. 1203. EXCLUSION FOR GAIN FROM STOCK OF SMALL, PUBLICLY TRADED COMPANIES. ``(a) General Rule.--In the case of a taxpayer other than a corporation, gross income shall not include any gain from the sale or exchange of section 1203 stock held for more than 1 year. ``(b) Limitation.--The amount excluded under subsection (a) for a taxable year may not exceed $100,000 ($50,000 in the case of a separate return by a married individual). ``(c) 1203 Stock.--For purposes of subsection (a), the term `1203 stock' means any stock-- ``(1) in a C corporation which is acquired after the date of the enactment of this section if-- ``(A) as of the date of acquisition, such corporation is a qualified small business, and ``(B) except as provided in subsection (e), such stock is acquired-- ``(i) in exchange for money or other property, or ``(ii) as compensation for services provided to such corporation (other than services performed as an underwriter of such stock), and ``(2) which, at the time of sale or exchange giving rise to gain to be excluded under subsection (a), is publicly traded on any established domestic national or regional stock exchange or stock market, the Over the Counter Bulletin Board, or the National Quotation Bureau. For purposes of the preceding sentence, rules similar to the rules of section 1202(c)(3) shall apply. ``(d) Qualified Small Business.--For purposes of this section-- ``(1) In general.--The term `qualified small business' means any domestic corporation which is a C corporation if the market capitalization of such corporation (or any predecessor thereof), determined with respect to the date of acquisition of stock, is not more than $150,000,000. ``(2) Determination of market capitalization.--For purposes of paragraph (1), market capitalization, with respect to the date of acquisition of stock, shall be-- ``(A) the amount equal to-- ``(i) the closing price of a share of stock in the corporation as of the end of the reporting period ending immediately before such date of acquisition, multiplied by ``(ii) the number of outstanding shares of such stock in the corporation as of the end of such period, or ``(B) in the case that subparagraph (A) does not apply, determined (by taking into account all facts and circumstances) on the basis of the most recent amounts paid for each class of stock in the corporation outstanding on the date of the acquisition of the 1203 stock. ``(3) Reporting period.--For purposes of paragraph (2), the term `reporting period' means the period for which the most recent annual or quarterly report is required to be filed with the Securities and Exchange Commission under section 13(a)(2) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a)(2), 78o(d)) or periodic information required under section 15(d) of such Act (15 U.S.C. 78o(d)), as the case may be. ``(4) Aggregation rules.--For purposes of paragraph (1), rules similar to the rules of section 1202(d)(3) shall apply. ``(e) Additional Rules.-- ``(1) In general.--For purposes of this section, rules similar to the rules of subsections (f), (g), (h), (i), (j), and (k) of section 1202 shall apply, except that subsection (j)(1)(A) of section 1202 shall be applied by substituting `1 year' for `5 years'. ``(2) Qualified small business stock.--Sales and exchanges taken into account under section 1202 shall not be taken into account under this section.''. (b) Conforming Amendments.-- (1) The first sentence of section 642(c)(4) of such Code is amended-- (A) by inserting ``or 1203(a)'' after ``1202(a)'', and (B) by inserting ``or 1203, as the case may be'' before the period at the end. (2) Section 643(a)(3) of such Code is amended by striking ``section 1202'' and inserting ``sections 1202 and 1203''. (3) Section 691(c)(4) of such Code is amended by inserting ``1203,'' after ``1202,''. (4) Section 871(a)(2) of such Code is amended by striking ``section 1202'' and inserting ``sections 1202 and 1203''. (5) The second sentence of section 1044(d) of such Code is amended by inserting ``or 1203'' before the period at the end. (6) Section 1202(b) of such Code is amended by inserting at the end the following new subsection: ``(4) Section 1203 stock.--Sales and exchanges taken into account under section 1203 shall not be taken into account under this section.''. (c) Clerical Amendment.--The table of sections for part 1 of subchapter P of chapter 1 of such Code is amended by inserting after the item relating to section 1202 the following new item: ``Sec. 1203. Exclusion for gain from stock of small, publicly traded companies.''. (d) Effective Date.--The amendments made by this section shall apply to securities acquired after the date of the enactment of this Act.

Small Investment Tax Relief Act of 2001- Amends the Internal Revenue Code, in the case of a taxpayer other than a corporation, to provide a limited exclusion from gross income for gain from the sale or exchange of certain qualified small business stock held for more than one year.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to encourage investment in small companies."}