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SECTION 1. SHORT TITLE. This Act may be cited as the ``Level Playing Field Contracting Act of 2010''. SEC. 2. DEFINITIONS. In this Act: (1) The term ``executive agency'' has the meaning given the term in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403). (2) The term ``small business concern'' has the meaning given the term in section 3 of the Small Business Act (15 U.S.C. 632). SEC. 3. REDUCED BUNDLING OF FEDERAL CONTRACTS. (a) Definitions.--In this section: (1) Covered consolidated civilian contract.--The term ``covered consolidated civilian contract''-- (A) means-- (i) a multiple award contract valued in excess of $2,000,000; or (ii) a contract of an executive agency for property or services valued in excess of $2,000,000 that-- (I) combines discrete procurement requirements from 2 or more existing contracts; (II) adds new, discrete procurement requirements to an existing contract; or (III) includes 2 or more discrete procurement or acquisition requirements; and (B) does not include any consolidated acquisition, procurement, or contracting plan of the Department of Defense. (2) Covered consolidated defense contract.--The term ``covered consolidated Defense contract'' means-- (A) a multiple award contract of the Department of Defense valued in excess of $7,500,000; or (B) a contract of the Department of Defense for property or services valued in excess of $7,500,000 that-- (i) combines discrete procurement requirements from 2 or more existing contracts; (ii) adds new, discrete procurement requirements to an existing contract; or (iii) includes 2 or more discrete procurement or acquisition requirements. (b) Restriction on Civilian Contract Bundling.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to require that the head of an executive agency may not enter into a covered consolidated civilian contract unless the senior procurement official for the agency determines that the consolidation of such contract is necessary and justified. (2) Necessary and justified determinations.-- (A) Required criteria.--In making a determination that a contract is necessary and justified pursuant to paragraph (1), the head of an executive agency shall-- (i) identify the benefits anticipated from the consolidation; (ii) identify any alternative contracting approaches that would involve a lesser degree of contract consolidation; and (iii) justify how the consolidation substantially exceeds the benefits of any alternative contracting approaches. (B) Restrictions on basis of determination.--The head of an executive agency may not base a determination that a contract is necessary and justified solely on savings in agency administrative or personnel costs or lack of a sufficient procurement workforce. (c) Restriction on Defense Contract Bundling.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall modify the Department of Defense Supplement to the Federal Acquisition Regulation to require that the head of an agency may not enter into a covered consolidated Defense contract unless the senior procurement official for the agency determines that the consolidation of such contract is necessary and justified or that such consolidation is appropriate in the face of exigent circumstances and national security. (2) Necessary and justified determinations.-- (A) Required criteria.--In making a determination that a contract is necessary and justified pursuant to paragraph (1), the head of an agency shall-- (i) identify the benefits anticipated from the consolidation; (ii) identify any alternative contracting approaches that would involve a lesser degree of contract consolidation; and (iii) justify how the consolidation substantially exceeds the benefits of any alternative contracting approaches. (B) Restrictions on basis of determination.--The head of an agency may not base a determination that a contract is necessary and justified solely on savings in agency administrative or personnel costs or lack of a sufficient procurement workforce. SEC. 4. QUANTITATIVE METHODOLOGY FOR EVALUATION OF CONTRACT BIDS. Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to require the head of an executive agency-- (1) to use a numeric grading or other quantitative methodology to evaluate bid proposals for each contract of such agency that is awarded through full and open competitive procedures; and (2) to disclose the methodology in the bid solicitation documents for the contract. SEC. 5. ENFORCEMENT OF LOCAL WORKFORCE REQUIREMENTS. (a) GSA Report.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Administrator of General Services shall submit to Congress a report describing efforts to enforce the local workforce subcontracting requirements included in contracts entered into by the General Services Administration. The report shall include an assessment of the effectiveness of enforcement efforts related to such requirements and proposals to better enforce the requirements. (2) Efforts to remedy noncompliance with requirements.--If local workforce subcontracting requirements have not been met in any contract entered into by the General Services Administration, the report required under this subsection shall include a description of efforts made by the General Services Administration to meet the requirements in such contract. (b) GAO Report.--Not later than 180 days after submission of the first report required under subsection (a), the Comptroller General of the United States shall submit to Congress a report commenting on the findings described in such report and including recommendations for further actions to ensure compliance with local workforce subcontracting requirements. SEC. 6. ACQUISITION WORKFORCE IMPROVEMENTS. (a) Evaluation and Report.--Not later than 180 days after the date of the enactment of this Act, the head of each executive agency shall submit to Congress a report evaluating the strength and sufficiency of its acquisition workforce. (b) Content.--The report required under subsection (a) shall include-- (1) a 30-year history of the size of the acquisition agency's workforce; and (2) a description of measures the agency is implementing to address any shortage of acquisition workforce personnel. (c) Public Comment.--In preparing the report required under subsection (a), the head of each executive agency shall solicit feedback regarding the agency's acquisition workforce, including through a public comment process. SEC. 7. USE OF PROCUREMENT ASSISTANCE RESOURCES. Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to require executive agencies to take actions to encourage prospective contractors to utilize contracting assistance resources that are offered in their communities. The Federal Acquisition Regulation, as so amended, shall include a requirement that the bid solicitation documents for a contract include language encouraging the use of such resources. SEC. 8. IMPROVING OUTREACH TO SMALL BUSINESS CONCERNS. Section 15 of the Small Business Act (15 U.S.C. 644) is amended by adding at the end the following: ``(q) Small Business Outreach Program.-- ``(1) Program established.--The Administrator and the Administrator of General Services shall jointly establish an outreach program-- ``(A) to communicate with small business concerns regarding specific contracting opportunities with the Federal Government; and ``(B) to inform small business concerns about opportunities to learn about the process of contracting with the Federal Government. ``(2) Annual report to congress.--Not later than 1 year after the date of enactment of this subsection, and annually thereafter, the Administrator and the Administrator of General Services shall jointly submit to Congress a report on the program under this subsection that includes the number of small business concerns that entered into a contract with the Federal Government for the first time during the applicable year as a result of the program.''. SEC. 9. GAO REPORT ON FEDERAL CONTRACTS FOR SMALL BUSINESS CONCERNS. (a) Study.-- (1) In general.--The Comptroller General of the United States shall conduct a study of changes in the definition of the term ``small business concern'' and the size standards established under section 3(a)(2) of the Small Business Act (15 U.S.C. 632(a)(2)) during the 10-year period ending on the date of the enactment of this Act. (2) Contents.--The study conducted under paragraph (1) shall, for each change in the definition of the term ``small business concern'' or the size standards established under section 3(a)(2) of the Small Business Act (15 U.S.C. 632(a)(2))-- (A) analyze the size and number of small business concerns that-- (i) did not qualify as a small business concern before the change; and (ii) entered into a contract with the Federal Government for the first time after the effective date of the change; and (B) assess whether the ability of small business concerns that qualified as a small business concern before the change to compete for contracts with the Federal Government was inhibited by the change. (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report detailing the results of the study conducted under subsection (a). SEC. 10. GAO REPORT ON POTENTIAL BARRIERS TO ENTRY IN FEDERAL CONTRACTING. (a) Covered Agency.--In this section, the term ``covered agency'' means-- (1) the General Services Administration; (2) the Army Corps of Engineers; and (3) the Department of Homeland Security. (b) Study.--The Comptroller General of the United States shall conduct a study examining the degree to which covered agencies have entered into contracts since January 1, 2004, with contractors that have previous experience performing Federal contracts. (c) Report.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the study conducted under subsection (b). (2) Content.--The report required under paragraph (1) shall include the following: (A) A description of the frequency with which covered agencies enter into contracts with contractors that have previous experience performing Federal contracts. (B) An assessment, by year, from 2004 through 2009, of whether the number of repeat contractors has increased or decreased in proportion to the number of contractors awarded Federal contracts. (3) Contracts covered.--The report required under paragraph (1) shall include information on the awarding of contracts using full and open competition procedures and the awarding of sole source contracts. SEC. 11. GAO REPORT ON AWARDING OF FEDERAL CONTRACTS. (a) Study.--The Comptroller General of the United States shall conduct a study on the size and experience of contractors awarded contracts by the General Services Administration, the Army Corps of Engineers, and the Department of Homeland Security. (b) Report.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the study conducted under subsection (a). (2) Content.--The report required under paragraph (1) shall include, with respect to contracts entered into by the General Services Administration, the Army Corps of Engineers, and the Department of Homeland Security on or after January 1, 2000, the following information: (A) The number of contractors with fewer than 50 employees. (B) The number of contractors with fewer than 10 employees.

Level Playing Field Contracting Act of 2010 - Directs the Federal Acquisition Regulatory Council to amend the Federal Acquisition Regulation (FAR) to prohibit an executive agency from entering into a covered consolidated civilian contract valued in excess of $2 million unless the agency's senior procurement official determines that the contract's consolidation is necessary and justified under specified criteria. Defines such a consolidated contract as: (1) a multiple award contract; or (2) a contract for property or services that combines discrete procurement requirements from existing contracts, adds new procurement requirements to an existing contract, or includes two or more procurement or acquisition requirements and that does not include any consolidated acquisition, procurement, or contracting plan of the Department of Defense (DOD). Requires the Secretary of Defense to modify the DOD Supplement to FAR to prohibit an agency from entering into a covered consolidated Defense contract (a similarly defined DOD contract) valued in excess of $7.5 million unless the agency's senior procurement official determines that the contract's consolidation is necessary and justified under specified criteria or is appropriate in the face of exigent circumstances and national security. Directs the Council to amend FAR to require: (1) an agency to use a numeric grading or other quantitative methodology to evaluate bid proposals for each contract that is awarded through full and open competitive procedures and to disclose the methodology in the bid solicitation documents for the contract; and (2) agencies to encourage prospective contractors to utilize contracting assistance resources that are offered in their communities. Directs: (1) the Administrator of General Services (GSA) to report, annually, on efforts to enforce the local workforce subcontracting requirements included in GSA contracts; (2) each agency to report on the strength and sufficiency of its acquisition workforce; and (3) the Comptroller General to conduct studies of the effects of changes in the definition of and size standards for a "small business concern," the degree to which GSA, the Army Corps of Engineers, and the Department of Homeland Security (DHS) have entered into contracts since January 1, 2004, with contractors that have previous experience performing federal contracts, and the size and experience of contractors awarded contracts by such entities. Amends the Small Business Act to require the Administrator of Small Business (SBA) and the GSA Administrator to jointly establish an outreach program to: (1) communicate with small businesses regarding government contracting opportunities; and (2) inform small businesses about opportunities to learn about the government contracting process.

{"src": "billsum_train", "title": "A bill to reduce barriers to entry in Federal contracting, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Export Coordination Act of 2012''. SEC. 2. DUTIES. (a) In General.--Section 2312(b) of the Export Enhancement Act of 1988 (15 U.S.C. 4727(b)) is amended-- (1) in paragraph (4), by adding at the end before the semicolon the following: ``, including identifying opportunities to consolidate or co-locate offices of agencies involved in such activities''; (2) in paragraph (5)-- (A) by inserting ``, including the use and coordination of electronic databases,'' after ``the appropriate levels and allocation of resources''; and (B) by striking ``and'' at the end; (3) by redesignating paragraph (6) as paragraph (7); and (4) by inserting after paragraph (5) the following: ``(6) to the maximum extent practicable, provide a detailed listing of current and future Federal and State-led trade missions, trade fairs, and related activities to ensure better delivery of services to United States businesses; and''. (b) Availability of Information.--The Secretary of Commerce shall make available the information on Federal and State-led trade missions, trade fairs, and related activities described in paragraph (6) of section 2312(b) of the Export Enhancement Act of 1988, as added by subsection (a)(4) of this section, on the Web site Export.gov or a successor Web site. SEC. 3. STRATEGIC PLAN. Section 2312(c) of the Export Enhancement Act of 1988 (15 U.S.C. 4727(c)) is amended-- (1) by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively; (2) by inserting after paragraph (2) the following: . ``(3) with respect to export promotion and export financing activities of each agency that is a member of the TPCC-- ``(A) clearly identify and explain the role of each agency; and ``(B) describe the goals and objectives of each agency and explain the rationale for measuring and reporting the goals and objectives;''; (3) in paragraph (5) (as redesignated)-- (A) by inserting ``and Congress'' after ``the President''; and (B) by striking ``paragraph (3)'' and inserting ``paragraph (4)''; (4) in paragraph (6) (as redesignated), by striking ``and'' at the end; (5) by inserting after paragraph (6) (as redesignated) the following: ``(7) include the recommendations of the Comptroller General of the United States as the recommendations relate to coordination of the TPCC and agencies that are members of the TPCC;''; and (6) in paragraph (7) (as redesignated), by striking ``United States National Tourism Organization'' and inserting ``United States Travel Association''. SEC. 4. MEMBERSHIP AND STAFF. (a) Membership.--Section 2312(d) of the Export Enhancement Act of 1988 (15 U.S.C. 4727(d)) is amended-- (1) in paragraph (1)-- (A) by striking ``and'' at the end of subparagraph (L); (B) by redesignating subparagraph (M) as subparagraph (N); and (C) by inserting after subparagraph (L) the following: ``(M) the Millennium Challenge Corporation;''; (2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (1) the following: ``(2) State trade promotion agencies.--The TPCC shall also include 1 or more members appointed by the President who are representatives from State trade promotion agencies.''. (b) Staff.--Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727) is amended-- (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following: ``(f) Staff.--Upon request of the chairperson of the TPCC, the head of any Federal department or agency that is a member of the TPCC may detail, on a reimbursable basis, any of the personnel of that department or agency to the TPCC to assist it in carrying out its duties under this section.''. SEC. 5. MEMBER QUALIFICATIONS. Section 2312(e) of the Export Enhancement Act of 1988 (15 U.S.C. 4727(e)) is amended in the first sentence by inserting ``(other than members described in subsection (d)(2))'' after ``Members of the TPCC''. SEC. 6. REPORT TO CONGRESS. Subsection (g) of section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727), as redesignated by section 4(b)(1) of this Act, is amended to read as follows: ``(g) Report to Congress.-- ``(1) In general.--The chairperson of the TPCC shall prepare and submit to the appropriate congressional committees, not later than March 30 of each year, a report that-- ``(A) describes the strategic plan developed by the TPCC pursuant to subsection (c), the implementation of such plan, and any revisions thereto; and ``(B) describes the implementation of sections 303 and 304 of the FREEDOM Support Act (22 U.S.C. 5823 and 5824) concerning funding for export promotion activities and the interagency working groups on energy of the TPCC. ``(2) Appropriate congressional committees defined.--In this subsection, the term `appropriate congressional committees' means-- ``(A) the Committee on Appropriations, the Committee on Energy and Commerce, the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Small Business, and the Committee on Ways and Means of the House of Representatives; and ``(B) the Committee on Appropriations, the Committee on Commerce, Science, and Transportation, the Committee on Finance, the Committee on Foreign Relations, and the Committee on Small Business and Entrepreneurship of the Senate.''. SEC. 7. ADDITIONAL REPORT TO CONGRESS. Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727) is amended by adding at the end the following: ``(h) Additional Report to Congress.-- ``(1) In general.--The Inspector General of the Department of Commerce shall prepare and submit to the appropriate congressional committees, not later than March 30 of each year, a report on the extent to which the TPCC is successfully carrying out its duties as described in subsection (b) and the extent to which the strategic plan as described in subsection (c) is successfully being implemented. ``(2) Consultation.--In preparing the report required under paragraph (1), the Inspector General of the Department of Commerce shall, to the maximum extent practicable, consult with the inspector general of each other Federal department or agency that is a member of the TPCC. ``(3) Appropriate congressional committees defined.--In this subsection, the term `appropriate congressional committees' has the meaning given such term in subsection (g)(2).''.

Export Coordination Act of 2012 - Amends the Export Enhancement Act of 1988 to revise the duties of the Trade Promotion Coordinating Committee (TPCC). Requires the TPCC to: (1) identify opportunities to consolidate or co-locate offices of federal agencies involved in export promotion and export financing activities; (2) assess the use and coordination of electronic databases among federal agencies in support of such activities; and (3) provide a detailed listing of current and future federal and state-led trade missions, trade fairs, and related activities to ensure better delivery of services to U.S. businesses. Requires the Secretary of Commerce to make available information on federal and state-led trade missions, trade fairs, and related activities on the Export.gov website. Requires the governmentwide strategic plan for federal trade promotion efforts to: (1) clearly identify and explain the role, goals, and objectives of each TPCC member agency with respect its export promotion and export financing activities; (2) include the recommendations of the Comptroller General relating to coordination of the TPCC and member agencies; and (3) reflect the recommendations of the U.S. Travel Association (currently, U.S. National Tourism Organization) to the degree considered appropriate by the TPCC. Revises membership of the TPCC to include representatives from the Millennium Challenge Corporation, as well as one or more presidential appointees representing state trade promotion agencies. Requires the Inspector General of the Department of Commerce to report annually to Congress on the extent to which the TPCC is successfully carrying out its duties.

{"src": "billsum_train", "title": "To amend the Export Enhancement Act of 1988 to make improvements to the trade promotion policies and programs of the United States Government."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Agricultural Disaster Assistance Act of 2004''. TITLE I--PROVISION OF ASSISTANCE SEC. 101. CROP DISASTER ASSISTANCE. (a) In General.--Notwithstanding section 508(b)(7) of the Federal Crop Insurance Act (7 U.S.C. 1508(b)(7)), the Secretary of Agriculture (referred to in this title as the ``Secretary'') shall use such sums as are necessary of funds of the Commodity Credit Corporation to make crop disaster assistance authorized under this section available to producers on a farm that have incurred qualifying crop losses for the 2003 or 2004 crop, or both, due to damaging weather or related condition, as determined by the Secretary. (b) Administration.--The Secretary shall make assistance available under this section in the same manner as provided under section 815 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114 Stat. 1549A-55), including using the same loss thresholds for the quantity and quality losses as were used in administering that section. SEC. 102. LIVESTOCK ASSISTANCE PROGRAM. (a) In General.--The Secretary shall use such sums as are necessary of funds of the Commodity Credit Corporation to make and administer payments for livestock losses to producers for 2003 and 2004 losses in a county that has received an emergency designation by the President or the Secretary after January 1, 2003, and January 1, 2004, respectively, of which an amount determined by the Secretary shall be made available for the American Indian livestock program under section 806 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114 Stat. 1549A-51). (b) Administration.--The Secretary shall make assistance available under this section in the same manner as provided under section 806 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 105-277; 114 Stat. 1549A-51). SEC. 103. COMMODITY CREDIT CORPORATION. The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this title. SEC. 104. REGULATIONS. (a) In General.--The Secretary may promulgate such regulations as are necessary to implement this title. (b) Procedure.--The promulgation of the regulations and administration of this title shall be made without regard to-- (1) the notice and comment provisions of section 553 of title 5, United States Code; (2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (3) chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''). (c) Congressional Review of Agency Rulemaking.--In carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code. TITLE II--TAX RELIEF SEC. 201. SPECIAL RULES FOR LIVESTOCK SOLD ON ACCOUNT OF WEATHER- RELATED CONDITIONS. (a) Replacement of Livestock With Other Farm Property.--Subsection (f) of section 1033 of the Internal Revenue Code of 1986 (relating to involuntary conversions) is amended-- (1) by inserting ``drought, flood, or other weather-related conditions, or'' after ``because of'', (2) by inserting ``in the case of soil contamination or other environmental contamination'' after ``including real property'', and (3) by striking ``Where There Has Been Environmental Contamination'' in the heading and inserting ``in Certain Cases''. (b) Extension of Replacement Period of Involuntarily Converted Livestock.--Subsection (e) of section 1033 of the Internal Revenue Code of 1986 (relating to involuntary conversions) is amended-- (1) by striking ``Conditions.--For purposes'' and inserting ``Conditions.-- ``(1) In general.--For purposes'', and (2) by adding at the end the following new paragraph: ``(2) Extension of replacement period.-- ``(A) In general.--In the case of drought, flood, or other weather-related conditions described in paragraph (1) which result in the area being designated as eligible for assistance by the Federal Government, subsection (a)(2)(B) shall be applied with respect to any converted property by substituting `4 years' for `2 years'. ``(B) Further extension by secretary.--The Secretary may extend on a regional basis the period for replacement under this section (after the application of subparagraph (A)) for such additional time as the Secretary determines appropriate if the weather-related conditions which resulted in such application continue for more than 3 years.''. (c) Income Inclusion Rules.--Section 451(e) of the Internal Revenue Code of 1986 (relating to special rule for proceeds from livestock sold on account of drought, flood, or other weather-related conditions) is amended by adding at the end the following new paragraph: ``(3) Special election rules.--If section 1033(e)(2) applies to a sale or exchange of livestock described in paragraph (1), the election under paragraph (1) shall be deemed valid if made during the replacement period described in such section.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001. SEC. 202. FARM, FISHING, AND RANCH RISK MANAGEMENT ACCOUNTS. (a) In General.--Subpart C of part II of subchapter E of chapter 1 of the Internal Revenue Code of 1986 (relating to taxable year for which deductions taken) is amended by inserting after section 468B the following new section: ``SEC. 468C. FARM, FISHING, AND RANCH RISK MANAGEMENT ACCOUNTS. ``(a) Deduction Allowed.--In the case of an individual engaged in an eligible farming business or commercial fishing, there shall be allowed as a deduction for any taxable year the amount paid in cash by the taxpayer during the taxable year to a Farm, Fishing, and Ranch Risk Management Account (hereinafter referred to as the `FFARRM Account'). ``(b) Limitations.-- ``(1) Contributions.--The amount which a taxpayer may pay into the FFARRM Account for any taxable year shall not exceed 20 percent of so much of the taxable income of the taxpayer (determined without regard to this section) which is attributable (determined in the manner applicable under section 1301) to any eligible farming business or commercial fishing. ``(2) Distributions.--Distributions from a FFARRM Account may not be used to purchase, lease, or finance any new fishing vessel, add capacity to any fishery, or otherwise contribute to the overcapitalization of any fishery. The Secretary of Commerce shall implement regulations to enforce this paragraph. ``(c) Eligible Businesses.--For purposes of this section-- ``(1) Eligible farming business.--The term `eligible farming business' means any farming business (as defined in section 263A(e)(4)) which is not a passive activity (within the meaning of section 469(c)) of the taxpayer. ``(2) Commercial fishing.--The term `commercial fishing' has the meaning given such term by section (3) of the Magnuson- Stevens Fishery Conservation and Management Act (16 U.S.C. 1802) but only if such fishing is not a passive activity (within the meaning of section 469(c)) of the taxpayer. ``(d) FFARRM Account.--For purposes of this section-- ``(1) In general.--The term `FFARRM Account' means a trust created or organized in the United States for the exclusive benefit of the taxpayer, but only if the written governing instrument creating the trust meets the following requirements: ``(A) No contribution will be accepted for any taxable year in excess of the amount allowed as a deduction under subsection (a) for such year. ``(B) The trustee is a bank (as defined in section 408(n)) or another person who demonstrates to the satisfaction of the Secretary that the manner in which such person will administer the trust will be consistent with the requirements of this section. ``(C) The assets of the trust consist entirely of cash or of obligations which have adequate stated interest (as defined in section 1274(c)(2)) and which pay such interest not less often than annually. ``(D) All income of the trust is distributed currently to the grantor. ``(E) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. ``(2) Account taxed as grantor trust.--The grantor of a FFARRM Account shall be treated for purposes of this title as the owner of such Account and shall be subject to tax thereon in accordance with subpart E of part I of subchapter J of this chapter (relating to grantors and others treated as substantial owners). ``(e) Inclusion of Amounts Distributed.-- ``(1) In general.--Except as provided in paragraph (2), there shall be includible in the gross income of the taxpayer for any taxable year-- ``(A) any amount distributed from a FFARRM Account of the taxpayer during such taxable year, and ``(B) any deemed distribution under-- ``(i) subsection (f)(1) (relating to deposits not distributed within 5 years), ``(ii) subsection (f)(2) (relating to cessation in eligible farming business), and ``(iii) subparagraph (B) or (C) of subsection (f)(3) (relating to prohibited transactions and pledging account as security). ``(2) Exceptions.--Paragraph (1)(A) shall not apply to-- ``(A) any distribution to the extent attributable to income of the Account, and ``(B) the distribution of any contribution paid during a taxable year to a FFARRM Account to the extent that such contribution exceeds the limitation applicable under subsection (b)(1) if requirements similar to the requirements of section 408(d)(4) are met. For purposes of subparagraph (A), distributions shall be treated as first attributable to income and then to other amounts. ``(f) Special Rules.-- ``(1) Tax on deposits in account which are not distributed within 5 years.-- ``(A) In general.--If, at the close of any taxable year, there is a nonqualified balance in any FFARRM Account-- ``(i) there shall be deemed distributed from such Account during such taxable year an amount equal to such balance, and ``(ii) the taxpayer's tax imposed by this chapter for such taxable year shall be increased by 10 percent of such deemed distribution. The preceding sentence shall not apply if an amount equal to such nonqualified balance is distributed from such Account to the taxpayer before the due date (including extensions) for filing the return of tax imposed by this chapter for such year (or, if earlier, the date the taxpayer files such return for such year). ``(B) Nonqualified balance.--For purposes of subparagraph (A), the term `nonqualified balance' means any balance in the Account on the last day of the taxable year which is attributable to amounts deposited in such Account before the 4th preceding taxable year. ``(C) Ordering rule.--For purposes of this paragraph, distributions from a FFARRM Account (other than distributions of current income) shall be treated as made from deposits in the order in which such deposits were made, beginning with the earliest deposits. ``(2) Cessation in eligible business.--At the close of the first disqualification period after a period for which the taxpayer was engaged in an eligible farming business or commercial fishing, there shall be deemed distributed from the FFARRM Account of the taxpayer an amount equal to the balance in such Account (if any) at the close of such disqualification period. For purposes of the preceding sentence, the term `disqualification period' means any period of 2 consecutive taxable years for which the taxpayer is not engaged in an eligible farming business or commercial fishing. ``(3) Certain rules to apply.--Rules similar to the following rules shall apply for purposes of this section: ``(A) Section 220(f)(8) (relating to treatment after death of account holder). ``(B) Section 408(e)(2) (relating to loss of exemption of account where individual engages in prohibited transaction). ``(C) Section 408(e)(4) (relating to effect of pledging account as security). ``(D) Section 408(g) (relating to community property laws). ``(E) Section 408(h) (relating to custodial accounts). ``(4) Time when payments deemed made.--For purposes of this section, a taxpayer shall be deemed to have made a payment to a FFARRM Account on the last day of a taxable year if such payment is made on account of such taxable year and is made on or before the due date (without regard to extensions) for filing the return of tax for such taxable year. ``(5) Individual.--For purposes of this section, the term `individual' shall not include an estate or trust. ``(6) Deduction not allowed for self-employment tax.--The deduction allowable by reason of subsection (a) shall not be taken into account in determining an individual's net earnings from self-employment (within the meaning of section 1402(a)) for purposes of chapter 2. ``(g) Reports.--The trustee of a FFARRM Account shall make such reports regarding such Account to the Secretary and to the person for whose benefit the Account is maintained with respect to contributions, distributions, and such other matters as the Secretary may require under regulations. The reports required by this subsection shall be filed at such time and in such manner and furnished to such persons at such time and in such manner as may be required by such regulations.''. (b) Tax on Excess Contributions.-- (1) Subsection (a) of section 4973 of the Internal Revenue Code of 1986 (relating to tax on excess contributions to certain tax-favored accounts and annuities) is amended by striking ``or'' at the end of paragraph (4), by adding ``or'' at the end of paragraph (5), and by inserting after paragraph (5) the following new paragraph: ``(6) a FFARRM Account (within the meaning of section 468C(d)),''. (2) Section 4973 of such Code is amended by adding at the end the following new subsection: ``(h) Excess Contributions to FFARRM Accounts.--For purposes of this section, in the case of a FFARRM Account (within the meaning of section 468C(d)), the term `excess contributions' means the amount by which the amount contributed for the taxable year to the Account exceeds the amount which may be contributed to the Account under section 468C(b)(1) for such taxable year. For purposes of this subsection, any contribution which is distributed out of the FFARRM Account in a distribution to which section 468C(e)(2)(B) applies shall be treated as an amount not contributed.''. (c) Tax on Prohibited Transactions.-- (1) Subsection (c) of section 4975 of the Internal Revenue Code of 1986 (relating to tax on prohibited transactions) is amended by adding at the end the following new paragraph: ``(7) Special rule for ffarrm accounts.--A person for whose benefit a FFARRM Account (within the meaning of section 468C(d)) is established shall be exempt from the tax imposed by this section with respect to any transaction concerning such account (which would otherwise be taxable under this section) if, with respect to such transaction, the account ceases to be a FFARRM Account by reason of the application of section 468C(f)(3)(A) to such account.''. (2) Paragraph (1) of section 4975(e) of such Code is amended by redesignating subparagraphs (F) and (G) as subparagraphs (G) and (H), respectively, and by inserting after subparagraph (E) the following new subparagraph: ``(F) a FFARRM Account described in section 468C(d),''. (d) Failure To Provide Reports on FFARRM Accounts.--Paragraph (2) of section 6693(a) of the Internal Revenue Code of 1986 (relating to failure to provide reports on certain tax-favored accounts or annuities) is amended by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively, and by inserting after subparagraph (B) the following new subparagraph: ``(C) section 468C(g) (relating to FFARRM Accounts),''. (e) Clerical Amendment.--The table of sections for subpart C of part II of subchapter E of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 468B the following new item: ``Sec. 468C. Farm, Fishing and Ranch Risk Management Accounts.''. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Emergency Agricultural Disaster Assistance Act of 2004 - Directs the Secretary of Agriculture to provide: (1) emergency financial assistance to agricultural producers who have incurred qualifying 2003 and/or 2004 crop losses due to weather or related conditions; and (2) payments to livestock producers who have incurred 2003 and/or 2004 losses in an emergency-designated county, with set-asides for the American Indian livestock program. Amends the Internal Revenue Code with respect to involuntary conversion rules to: (1) permit the replacement of livestock with other farm property in the case of drought, flood, or other weather-related conditions (such provision currently applies only to cases of soil or other environmental contamination); and (2) extend the replacement period for livestock sold on account of weather related conditions. Allows an individual engaged in an eligible farming or commercial fishing business a deduction for any taxable year of up to 20 percent of taxable income attributable to the eligible farming or commercial fishing business paid in cash by the taxpayer to a Farm and Ranch Risk Management Account (FFARRM Account). Includes non-exempt FFARRM distributions in the taxpayer's gross income, and subjects to a special ten percent surtax distributions not made within five years of contribution. Prohibits FFARRM distributions from being used to overcapitalize any fishery. Establishes a tax on excess contributions, but exempts the taxpayer from the tax on certain prohibited transactions.

{"src": "billsum_train", "title": "A bill to provide emergency disaster assistance to agricultural producers, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``50 States Commemorative Coin Program Act''. SEC. 2. FINDINGS. The Congress hereby finds the following: (1) It is appropriate and timely to-- (A) honor the unique Federal republic of 50 States that comprise the United States; and (B) promote the diffusion of knowledge among the youth of the United States about the individual States, their history and geography, and the rich diversity of the national heritage. (2) The circulating coinage of the United States has not been modernized within the past 25 years. (3) A circulating commemorative 25-cent coin program could produce earnings of $110,000,000 over the 10-year period of issuance and would produce indirect earnings of an estimated $3,400,000,000 to the United States Treasury, money that will replace borrowing to fund the national debt to at least that extent. (4) It is appropriate to launch a commemorative circulating coin program that encourages young people and their families to collect memorable tokens of all the States for the face value of the coins. SEC. 3. ISSUANCE OF REDESIGNED QUARTER DOLLARS OVER 10-YEAR PERIOD COMMEMORATING EACH OF THE 50 STATES. Section 5112 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(k) Redesign and Issuance of Quarter Dollar in Commemoration of Each of the 50 States.-- ``(1) In general.--Notwithstanding the 4th sentence of subsection (d)(1) and subsection (d)(2), quarter dollar coins issued during the 10-year period beginning on January 1, 1997, shall have designs selected in accordance with this subsection which are emblematic of the 50 States. ``(2) Single state designs.--The design for each quarter dollar issued during the 10-year period referred to in paragraph (1) shall be emblematic of 1 of the 50 States. ``(3) Issuance of coins commemorating 5 states during each of the 10 years.-- ``(A) In general.--The designs for the quarter dollar coins issued during each year of the 10-year period referred to in paragraph (1) shall be emblematic of 5 States which have not previously been commemorated during such period. ``(B) Number of each of 5 coin designs in each year.--Of the quarter dollar coins issued during each year (of the 10-year period referred to in paragraph (1)), the Secretary of the Treasury shall prescribe, on the basis of such factors as the Secretary determines to be appropriate, the number of quarter dollars which shall be issued with each of the 5 designs selected for such year. ``(4) Selection of design.--Each of the 50 designs required under this subsection for quarter dollars shall be-- ``(A) selected by the Secretary after consultation with appropriate officials of the State being commemorated with such design and the Commission of Fine Arts; and ``(B) reviewed by the Citizens Commemorative Coin Advisory Committee. ``(5) Treatment as numismatic items.--For purposes of sections 5134 and 5136, all coins minted under this subsection shall be considered to be numismatic items. ``(6) Numismatic items.-- ``(A) Quality of coins.--The Secretary may mint and issue such number of quarter dollars of each design selected under paragraph (4) in uncirculated and proof qualities as the Secretary determines to be appropriate. ``(B) Silver coins.--Notwithstanding subsection (b), the Secretary may mint and issue such number of quarter dollars of each design selected under paragraph (4) as the Secretary determines to be appropriate with a content of 90 percent silver and 10 percent copper. ``(C) Sources of bullion.--The Secretary shall obtain silver for minting coins under subparagraph (B) only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. ``(D) Sale price of coins.--The coins issued under this paragraph shall be sold by the Secretary at a price equal to the sum of the face value of the coins and the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, profit, and shipping). ``(7) Application in event of the admission of additional states.--If any additional State is admitted into the Union before the end of the 10-year period referred to in paragraph (1), the Secretary of the Treasury may issue quarter dollar coins, in accordance with this subsection, with a design which is emblematic of such State during any 1 year of such 10-year period, in addition to the quarter dollar coins issued during such year in accordance with paragraph (3)(A).''. SEC. 4. FIXED TERMS FOR MEMBERS OF THE CITIZENS COMMEMORATIVE COIN ADVISORY COMMITTEE. (a) In General.--Paragraph (4) of section 5135(a) of title 31, United States Code, is amended to read as follows: ``(4) Terms.-- ``(A) In general.--Each individual appointed to the Advisory Committee under clause (i) or (iii) of paragraph (3)(A) shall be appointed for a term of 4 years. ``(B) Interim appointments.--Any member appointed to fill a vacancy occurring before the expiration of the term for which such member's predecessor was appointed shall be appointed only for the remainder of such term. ``(C) Continuation of service.--Each member appointed under clause (i) or (iii) of paragraph (3)(A) may continue to serve after the expiration of the term to which such member was appointed until a successor has been appointed and qualified.''. (b) Staggered Terms.--Of the members appointed to the Citizens Commemorative Coin Advisory Committee under clause (i) or (iii) of paragraph (3)(A) of section 5135 of title 31, United States Code, who are serving on the Advisory Committee as of the date of the enactment of this Act-- (1) 1 member appointed under clause (i) and 1 member appointed under clause (iii), as designated by the Secretary of the Treasury, shall be deemed to have been appointed to a term which ends on December 31, 1997; (2) 1 member appointed under clause (i) and 1 member appointed under clause (iii), as designated by the Secretary of the Treasury, shall be deemed to have been appointed to a term which ends on December 31, 1998; and (3) 1 member appointed under clause (i) and 1 member appointed under clause (iii), as designated by the Secretary of the Treasury, shall be deemed to have been appointed to a term which ends on December 31, 1999. (c) Status of Members.--The members appointed to the Citizens Commemorative Coin Advisory Committee under clause (i) or (iii) of paragraph (3)(A) of section 5135 of title 31, United States Code, shall not be treated as special Government employees. Passed the House of Representatives September 4, 1996. Attest: ROBIN H. CARLE, Clerk.

50 States Commemorative Coin Program Act - Amends Federal law to: (1) mandate redesign of quarter-dollar coins issued between January 1, 1997, and January 1, 2007, to commemorate each of the 50 States (including any additional State admitted into the Union before the end of such ten-year period); and (2) set fixed, four-year terms for members of the Citizens Commemorative Coin Advisory Committee.

{"src": "billsum_train", "title": "50 States Commemorative Coin Program Act"}

SECTION 1. BLOCK GRANT OPTIONS. (a) State Options.--Notwithstanding any other provision of law, each State shall notify the Secretary regarding the State's election to receive the State's portion of the applicable funding described in subsection (b) according to one of the following options: (1) State block grant option.--The State may receive the funding pursuant to a State allotment described in section 2(a)(1). (2) Local block grant option.--The State may direct the Secretary to send the funding directly to local educational agencies in the State pursuant to a local allotment described in section 2(a)(2). (3) Federal statute option.--The State may receive the funding according to the provisions of law described in subsection (b). (b) Applicable Funding.--In this section, the term ``applicable funding'' means all funds that are appropriated for the Department of Education for fiscal year 2000 or any succeeding fiscal year to carry out programs or activities under the following provisions of law: (1) The Goals 2000: Educate America Act (20 U.S.C. 5801 et seq.), other than titles I and X of such Act (20 U.S.C. 5811 et seq. and 6061 et seq.). (2) The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), other than titles VIII, IX, and XIV of such Act (20 U.S.C. 7701 et seq., 7801 et seq., and 8801 et seq.). (3) The School-to-Work Opportunities Act of 1994 (20 U.S.C. 6101 et seq.). (4) The Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2301 et seq.). SEC. 2. BLOCK GRANTS. (a) Allotments.-- (1) States.--From the total applicable funding available for a fiscal year, the Secretary may make allotments to each State selecting the option described in section 1(a)(1) in an amount that bears the same relation to such total applicable funding as the number of individuals in the State who are aged 5 through 17 bears to the total number of such individuals in all States. (2) Local educational agencies.--From the total applicable funding available for a fiscal year, the Secretary may make allotments to each local educational agency in a State selecting the option described in section 1(a)(2) in an amount that bears the same relation to such total applicable funding as the number of individuals in the school district served by the local educational agency who are aged 5 through 17 bears to the total number of such individuals in all school districts served by all local educational agencies in all States. (3) Enrollment determination.--The Secretary shall determine the number of children described in paragraphs (1) and (2)-- (A) for the academic year for which the determination is made, after the beginning of the academic year; and (B) on the basis of the most recent data available to the Secretary. (b) Distribution of Allotted Funds.-- (1) Reservations.-- (A) States.--Each State that receives funds allotted under subsection (a) may reserve not more than 1 percent of the funds for the cost of administration, evaluation, reporting, and other activities related to activities assisted under this Act. (B) Local educational agencies.--Each local educational agency that receives funds allotted under subsection (a) may reserve not more than 2 percent of the funds for the costs of administration, overhead costs, or indirect costs. (2) Awards.--In States selecting the State block grant option described in section 1(a)(1), all funds allotted under subsection (a)(1) that are not reserved under paragraph (1)(A) shall be made available, in accordance with paragraph (3), on behalf of each student who resides in the State and is enrolled in a public elementary school or secondary school, or in a private or home elementary school or secondary school, located in the State. In States selecting the local block grant option described in section 1(a)(2), all funds allotted under subsection (a)(2) that are not reserved under paragraph (1)(B) shall be made available, in accordance with paragraph (3), on behalf of each student who resides in the school district served by a local educational agency and is enrolled in a public elementary school or secondary school, or in a private or home elementary school or secondary school, in the school district. In States selecting the State block grant option or the local block grant option, the amount allotted on behalf of each student shall be adjusted in accordance with paragraph (5). (3) Recipients.--Funds awarded under paragraph (2)-- (A) in the case of a public school student, including a charter school student, shall be made available to the public school or charter school, respectively; and (B) in the case of a private school or home school student, shall be made available to the parent or legal guardian of the student. (4) Uses.-- (A) Public school students.--Each public school that receives assistance under this Act shall use the assistance for any qualified elementary and secondary education expenses. (B) Private school students.--Each parent or guardian of a private school student that receives assistance under this Act shall use the assistance to pay the costs of attendance at the private school. (C) Home school students.--Each parent or guardian of a home school student that receives assistance under this Act shall use the assistance for any qualified elementary and secondary education expenses. (5) Adjustments.--A State or local educational agency shall adjust the amount awarded for students under paragraph (2) to account for-- (A) high need students, such as students from poor families; or (B) different costs of living in urban and rural areas. SEC. 3. FEDERAL STATUTE OPTION. (a) In General.--From the applicable funding that remains after making the allotments under paragraphs (1) and (2) of section 2(a) for a fiscal year, the Secretary may make awards according to the provisions of law described in section 1(b), to State and local recipients, in States selecting the option described in section 1(a)(3). (b) Percentage Reductions.--The Secretary, after making the allotments under paragraphs (1) and (2) of section 2(a) for a fiscal year, shall reduce the total amount of applicable funding available to carry out the provisions of law described in section 1(b) for the fiscal year, for any State selecting the option described in section 2(a)(3), by an equal percentage for each such provision. SEC. 4. ACCOUNTABILITY. (a) In General.--Each entity receiving assistance under this Act shall-- (1) use the funds to supplement and not supplant State and local funds; and (2) involve parents and members of the public in planning for the use of funds provided under this Act, such as through a representative advisory committee. (b) Reports.-- (1) In general.--Each local educational agency receiving an allotment under this Act shall prepare and submit to the State, and each State receiving an allotment under this Act shall prepare and submit to Congress, a report regarding the distribution and use of the allotted funds, and how the use of the funds effects student achievement. (2) Availability.--Each State and local educational agency submitting a report under paragraph (1) shall make copies of the report available to parents and other members of the public. (3) Special rule.--Each State or local educational agency receiving an allotment under this Act that has developed or established challenging content or student performance standards shall include in the report submitted under paragraph (1) information regarding student achievement with respect to the standards. SEC. 5. DEFINITIONS. In this title: (1) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (2) Qualified elementary and secondary education expenses.-- (A) In general.--The term ``qualified elementary and secondary education expenses'' means-- (i) expenses for tuition, fees, academic tutoring, special needs services, books, supplies, computer equipment (including related software and services), and other equipment which are incurred in connection with the enrollment or attendance of a student at a school; or (ii) expenses for room and board, uniforms, transportation, and supplementary items and services (including extended day programs) which are required or provided by a school in connection with such enrollment or attendance. (B) Special rule for homeschooling.--Such term shall include expenses described in subparagraph (A)(i) in connection with education provided by homeschooling if the requirements of any applicable State or local law are met with respect to such education. (2) School.--The term ``school'' means any school that provides kindergarten education, elementary education or secondary education, as determined under State law. (3) Secretary.--The term ``Secretary'' means the Secretary of Education. (4) State.--The term ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau.

Directs each State to notify the Secretary of Education regarding its election to receive its portion of certain education funding according to: (1) a State block grant option, through a State allotment based on State population of individuals aged five through 17; (2) a local block grant option, with the Secretary sending the funding directly to local educational agencies (LEAs) in the State through a local allotment based on school district population of individuals aged five through 17; or (3) a Federal statute option, based on a certain State and local allotment process and formula. Applies such block grant options to all funds appropriated for the Department of Education for FY 2000 or any succeeding fiscal year to carry out programs or activities under: (1) the Goals 2000: Educate America Act (other than titles I and X); (2) the Elementary and Secondary Education Act of 1965 (other than titles VIII, IX, and XIV); (3) the School-to-Work Opportunities Act of 1994; and (4) the Carl D. Perkins Vocational and Applied Technology Education Act. Allows States and LEAs to reserve certain portions of their allotments for specified administrative and other activities.

{"src": "billsum_train", "title": "To provide block grant options for certain education funding."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Science Integrity Act''. SEC. 2. PEER REVIEW REQUIREMENT. (a) In General.--Not later than January 1, 1999, the head of each Federal department or agency which issues or may issue regulations supported by scientific data shall issue regulations under this section establishing procedures to ensure that the acquisition, interpretation, incorporation, and application of all such scientific data is subject to peer review by at least 2 but not more than 5 individuals from the list created pursuant to subsection (b). (b) List of Peer Reviewers.--The head of each Federal department or agency which issues or may issue regulations supported by scientific data shall create, using the Federal Register, scientific and commercial journals, the National Academy of Sciences, and other similar resources, a list of individuals who are qualified and willing to perform peer review functions for the department or agency. Such list shall include only individuals who-- (1) by virtue of advanced education, training, or avocational, academic, commercial, research, or other experience, are competent to review the appropriateness of any scientific methodology supporting regulations that the department or agency may issue, the validity of any conclusions drawn from the supporting data, and the competency of the research or preparation of the scientific data; and (2) are not otherwise employed by or under contract with the department or agency. (c) Selection of Peer Reviewers.--The head of each department or agency shall select individuals from the list created pursuant to subsection (b) to peer review each proposed regulation of the department or agency that is supported by scientific data. No individual shall be selected who-- (1) has actively participated in advocating or opposing the issuance of the proposed regulation; (2) has a direct financial interest in the proposed regulation; or (3) is employed by or related to any person having a direct financial interest in the proposed regulation. (d) Provision of Scientific Data to Peer Reviewers.--Peer reviewers selected under subsection (c) shall be provided with all scientific data used in support of the proposed regulation, and any other related data requested by the peer reviewer that is reasonably available to the department or agency. (e) Expenses.--Peer reviewers selected under subsection (c) shall be reimbursed by the department or agency for expenses directly incurred in performing the peer review, but shall not otherwise be compensated for performing the peer review. (f) Availability for Public Comment.--Upon receipt of all peer review reports for a proposed regulation, the head of a department or agency shall publish in the Federal Register a notice of the availability of those reports, and the scientific data reviewed therein, for public comment. The department or agency shall make such reports and scientific data readily available upon request and shall receive public comment thereon for a period of 60 days after the publication of notice in the Federal Register. (g) Review by Office of Regulations Integrity.--Within 30 days after the completion of a public comment period described in subsection (f), the head of a department or agency shall transmit to the Office of Regulations Integrity established under section 3-- (1) each peer review report; (2) all scientific data used in support of the proposed regulation or requested by a peer reviewer; (3) the response of the head of the department or agency to points of disagreement, if any, among the peer reviewers; and (4) all public comments received. The proposed regulation may not be issued in final form until 30 days after the transmittal under this subsection. Any recommendations of the Office of Regulations Integrity in response to a transmittal under this subsection shall be provided to the department or agency, the President, and the Congress. (h) Final Issuance.--The publication of a final regulation peer reviewed under this section shall include a summary of the related peer review reports and any points of disagreement among the peer reviewers, and the response of the head of the department or agency to the peer review reports. (i) Emergency Exception.--Regulations issued under subsection (a) shall include provisions that permit the issuance of regulations supported by scientific data in emergency circumstances without peer review, on the condition that peer review be completed within 90 days after such issuance. SEC. 3. OFFICE OF REGULATIONS INTEGRITY. (a) Establishment.--There is established an Office of Regulations Integrity (in this section referred to as the ``Office''). (b) Duties.--The duties of the Office shall be-- (1) to review regulations issued by each department or agency under section 2(a), and if the Office determines that such regulations do not represent the expert opinions of a majority of the scientists who will be carrying out peer reviews under section 2, or that such regulations are inadequate or inappropriate in any respect, to notify the department or agency, the President, and the Congress; (2) to transmit to the President and the Congress an annual report on the performance of each department or agency in complying with its regulations issued under section 2(a); and (3) to review regulations issued by a department or agency with supporting scientific data, if the Office has reason to believe the regulations were issued, or the scientific data was acquired, interpreted, incorporated, or applied, in a manner significantly inconsistent with the regulations issued by the department or agency under section 2(a), and if the Office finds the issuance, acquisition, interpretation, incorporation, or application to be inconsistent with the regulations issued by the department or agency under section 2(a), to notify the department or agency, the President, and the Congress. (c) Access to Information.--The Office shall be provided access by a department or agency to information required for carrying out a review under subsection (b). (d) Director.-- (1) Appointment.--The Office shall have a Director, who shall be appointed by the President, subject to confirmation by the Senate, for a term of 1 year. (2) Qualifications.--The Director shall be a person with a scientific background, in good standing in the scientific community. (3) Basic pay.--The Director shall be paid at a rate not to exceed the rate of basic pay for level III of the Executive Schedule, under section 5314 of title 5, United States Code. (e) Staff.--The professional staff of the Office shall be persons with scientific backgrounds, in good standing in the scientific community. (f) Administrative Support.--The Office of Management and Budget shall provide such administrative support as the Office established under this section requires, but the Director of the Office of Management and Budget shall have no responsibilities with respect to carrying out the duties of the Office under this section. SEC. 4. DEFINITION OF PEER REVIEW. For purposes of this Act, the term ``peer review'' means identifying technical or scientific deficiencies of a proposal, assessing whether the methodology and analysis supporting a proposal conform to the standards of the academic and scientific community, and determining whether a proposal is supported by sufficient credible evidence.

Science Integrity Act - Requires each Federal agency that issues or may issue regulations supported by scientific data, not later than January 1999, to issue regulations establishing procedures to ensure that the acquisition, interpretation, incorporation, and application of all such scientific data is subject to peer review by at least two but not more than five individuals from a list of peer reviewers created pursuant to this Act. Directs the head of each such agency to: (1) create, using the Federal Register, scientific and commercial journals, the National Academy of Sciences, and other similar resources, a list of specified individuals who are qualified and willing to perform peer review functions for the agency; and (2) select individuals from the list to peer review each proposed regulation of the agency that is supported by scientific data. Requires the head of an agency, upon receipt of all peer review reports for a proposed regulation, to publish in the Federal Register a notice of availability of those reports, and the scientific data reviewed therein, for public comment. Requires the head of an agency, within 30 days after the completion of the public comment period, to transmit to the Office of Regulations Integrity established under this Act: (1) each peer review report; (2) all scientific data used in support of the proposed regulation or requested by a peer reviewer; (3) the response of the head of the agency to points of disagreement among the peer reviewers; and (4) all public comments received. Prohibits the proposed regulation from being issued in final form until 30 days after transmittal. Requires any recommendations of the Office in response to a transmittal to be provided to the agency, the President, and the Congress. Requires regulations issued establishing peer review procedures to include emergency exception provisions. Establishes an Office of Regulations Integrity to: (1) review regulations issued by each Federal agency establishing peer review procedures, and if the Office determines that such regulations do not represent the expert opinions of a majority of the scientists who will be carrying out peer reviews, or that such regulations are inadequate or inappropriate, to notify the agency, the President, and the Congress; (2) transmit to the President and the Congress an annual report on each agency's performance in complying with its peer review regulations; and (3) review regulations issued by an agency with supporting scientific data, if the Office has reason to believe such regulations were issued, or the scientific data were acquired, interpreted, incorporated, or applied in a manner significantly inconsistent with the peer review regulations issued by the agency, and if the Office finds these procedures to be inconsistent with such regulations, to notify the agency, the President, and the Congress.

{"src": "billsum_train", "title": "Science Integrity Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fire Safety and Prevention Education Act''. SEC. 2. FINDINGS. Congress finds that-- (1) fire losses in the United States are estimated at 5,000 deaths and 29,000 injuries annually, producing an economic loss conservatively estimated at $10,000,000,000 per year, plus more than $1,000,000,000 a year in health care costs; (2) sustained and targeted fire safety and prevention education at the State and local levels, particularly in identifiable high-risk populations, produces dramatic results in preventing fires, fire deaths, and dollar losses from fire; (3) in recent years, the fire safety and prevention education budgets of fire departments in the United States have been cut dramatically or, in many cases, eliminated; (4) there is a need to expand the availability of State and local fire safety and prevention education programs and supporting resources and materials to help State agencies and local fire departments in carrying out effective public education; (5) fire departments in other countries with fewer fire deaths per capita than the United States spend an average of 4 to 10 percent of the budgets of the departments on fire prevention, versus less than 3 percent for United States fire departments; and (6) only by accurately collecting and analyzing data on fire deaths, injuries, and dollar losses can United States fire departments target the populations and regions where educational efforts are most needed to create a more efficient and effective use of resources. SEC. 3. DEFINITIONS. As used in this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the United States Fire Administration. (2) Eligible entity.--The term ``eligible entity'' means the office of the State fire marshal for a State or an equivalent State office having primary responsibility for fire safety and prevention in the State. (3) Fire safety and prevention education program.--The term ``fire safety and prevention education program'' means a program that includes publications, audiovisual presentations, or demonstrations, concerning fire safety and prevention. (4) State.--The term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States. SEC. 4. FIRE SAFETY AND PREVENTION EDUCATION. (a) Authority.--The Administrator may enter into a contract or cooperative agreement with, or make a grant to, an eligible entity in order to obtain and distribute, at the State and local level, fire safety and prevention education programs and supporting educational resources. (b) Use of Funds.--Of the amounts received by an eligible entity under subsection (a)-- (1) not more than 25 percent may be used for statewide fire safety and prevention education programs; (2) not more than 25 percent may be used to implement new regional or local fire safety and prevention education programs targeting high-risk populations; and (3) not less than 50 percent shall be used for awards, of not more than $10,000 each, for regional or local fire safety and prevention education programs, in existence on the day before the date of receipt of the amounts, that have been demonstrated to be effective in preventing fires, fire deaths and injuries, and dollar losses from fire. SEC. 5. DATA COLLECTION. The Administrator may enter into a contract or cooperative agreement with, or make a grant to, a State for the purpose of implementing the revised National Fire Incident Reporting System at the National Fire Data Center, established under section 9 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2208), to improve and enhance the collection and analysis of fire data at the State and local levels. SEC. 6. APPLICATIONS. Each eligible entity or State desiring a contract, cooperative agreement, or grant under this Act shall submit an application to the Administrator at such time, in such manner, and accompanied by such information as the Administrator may reasonably require. SEC. 7. REPORTS AND EVALUATION. (a) Annual Report to Administrator.--An eligible entity receiving funds under section 4 shall prepare and submit to the Administrator an annual report that contains such information as the Administrator may require. At a minimum, the report shall describe each program activity undertaken with the funds, including a description of-- (1) any fire safety and prevention education program that has been developed directly or indirectly by the eligible entity and the target population of the program; (2) any support material that has been obtained and the method by which the material is distributed; and (3) any initiative undertaken by the entity to develop a public-private partnership to secure non-Federal support for the development or distribution of a program or material in furtherance of this Act. (b) Report to Congress.--The Administrator shall prepare and submit an annual report to Congress, including a description of each fire safety and prevention education program undertaken and any material developed or distributed by each eligible entity receiving funds under section 4. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) Fire Safety and Prevention Education.--There are authorized to be appropriated to carry out section 4 $10,000,000 for each of fiscal years 1996 and 1997, of which not more than $500,000 may be spent for any fiscal year on administrative costs. (b) Data Collection.--There are authorized to be appropriated to carry out section 5 $2,500,000 for fiscal year 1995, of which not more than $300,000 shall be spent on administrative costs. (c) Availability.--Amounts made available pursuant to subsection (a) or (b) shall remain available until expended.

Fire Safety and Prevention Education Act - Authorizes the Administrator of the United States Fire Administration to enter into a contract or cooperative agreement with, or make a grant to, an entity to obtain and distribute, at the State and local level, fire safety and prevention education programs and supporting educational resources. Authorizes the Administrator to enter into a contract or cooperative agreement with, or make a grant to, a State for the purpose of implementing the revised National Fire Incident Reporting System at the National Fire Data Center to improve the collection and analysis of fire data at the State and local levels. Authorizes appropriations.

{"src": "billsum_train", "title": "Fire Safety and Prevention Education Act"}

SECTION 1. FINDINGS. Congress finds the following: (1) To remain competitive in science and technology in the global economy, the United States must increase the number of students graduating from high school prepared to pursue postsecondary education in science, technology, engineering, and mathematics. (2) There is broad agreement in the scientific community that learning science requires direct involvement by students in scientific inquiry and that laboratory experience is so integral to the nature of science that it must be included in every science program for every science student. (3) In America's Lab Report, the National Research Council concluded that the current quality of laboratory experiences is poor for most students and that educators and researchers do not agree on how to define high school science laboratories or on their purpose, hampering the accumulation of research on how to improve labs. (4) The National Research Council found that schools with higher concentrations of non-Asian minorities and schools with higher concentrations of poor students are less likely to have adequate laboratory facilities than other schools. (5) The Government Accountability Office reported that 49.1 percent of schools where the minority student population is greater than 50.5 percent reported not meeting functional requirements for laboratory science well or at all. (6) 40 percent of those college students who left the science fields reported some problems related to high school science preparation, including lack of laboratory experience and no introduction to theoretical or to analytical modes of thought. (7) It is the national interest for the Federal Government to invest in research and demonstration projects to improve the teaching of laboratory science in the Nation's high schools. SEC. 2. GRANT PROGRAM. Section 8(8) of the National Science Foundation Authorization Act of 2002 (Public Law 107-368) is amended-- (1) by redesignating subparagraphs (A) through (F) as clauses (i) through (vi), respectively, and indenting appropriately; (2) by moving the flush language at the end 2 ems to the right; (3) in the flush language at the end, by striking ``paragraph'' and inserting ``subparagraph''; (4) by striking ``Initiative.--A program of'' and inserting ``initiative.-- ``(A) In general.--A program of''; and (5) by inserting at the end the following: ``(B) Pilot program.-- ``(i) In general.--In accordance with subparagraph (A)(v), the Director shall establish a pilot program designated as `Partnerships for Access to Laboratory Science' to award grants to partnerships to improve laboratories and provide instrumentation as part of a comprehensive program to enhance the quality of mathematics, science, engineering, and technology instruction at the secondary school level. Grants under this subparagraph may be used for-- ``(I) purchase, rental, or leasing of equipment, instrumentation, and other scientific educational materials; ``(II) maintenance, renovation, and improvement of laboratory facilities; ``(III) professional development and training for teachers; ``(IV) development of instructional programs designed to integrate the laboratory experience with classroom instruction and to be consistent with State mathematics and science academic achievement standards; ``(V) training in laboratory safety for school personnel; ``(VI) design and implementation of hands-on laboratory experiences to encourage the interest of individuals identified in section 33 or 34 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885a or 1885b) in mathematics, science, engineering, and technology and help prepare such individuals to pursue postsecondary studies in these fields; and ``(VII) assessment of the activities funded under this subparagraph. ``(ii) Partnership.--Grants awarded under clause (i) shall be to a partnership that-- ``(I) includes an institution of higher education or a community college; ``(II) includes a high-need local educational agency; ``(III) includes a business or eligible nonprofit organization; and ``(IV) may include a State educational agency, other public agency, National Laboratory, or community-based organization. ``(iii) Federal share.--The Federal share of the cost of activities carried out using amounts from a grant under clause (i) shall not exceed 50 percent.''. SEC. 3. REPORT. The Director of the National Science Foundation shall evaluate the effectiveness of activities carried out under the pilot projects funded by the grant program established pursuant to the amendment made by section 2 in improving student performance in mathematics, science, engineering, and technology. A report documenting the results of that evaluation shall be submitted to the Committee on Commerce, Science, and Transportation and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Science and Technology of the House of Representatives not later than 5 years after the date of enactment of this Act. The report shall identify best practices and materials developed and demonstrated by grant awardees. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the National Science Foundation to carry out this Act and the amendments made by this Act $5,000,000 for fiscal year 2008, and such sums as may be necessary for each of the 3 succeeding fiscal years.

Requires the Director of the National Science Foundation (NSF) to establish a pilot program designated as "Partnerships for Access to Laboratory Science" to award grants to partnerships to improve laboratories and to provide instrumentation as part of a comprehensive program to enhance the quality of mathematics, science, engineering, and technology instruction at the secondary school level. Requires grants awarded under this Act to be made to a partnership that: (1) includes an institution of higher education or a community college; (2) includes a high-need local educational agency; (3) includes a business or eligible nonprofit organization; and (5) may include a state educational agency, other public agency, national laboratory, or community-based organization.

{"src": "billsum_train", "title": "A bill to establish a laboratory science pilot program at the National Science Foundation."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Retiree Relief Act of 2008''. SEC. 2. SUSPENSION OF MINIMUM DISTRIBUTION REQUIREMENTS. (a) In General.--In the case of an eligible defined contribution plan of an individual, sections 401(a)(9), 404(a)(2), 403(b)(10), 408(a)(6), 408(b)(3), and 457(d)(2) of the Internal Revenue Code of 1986 shall not apply with respect to such individual for any year during the suspension period. (b) Suspension Period.--For purposes of this section, the term ``suspension period'' means the period beginning on January 1, 2008, and ending on December 31, 2009. (c) Eligible Defined Contribution Plan.--For purposes of this section, the term ``eligible defined contribution plan'' means-- (1) a defined contribution plan (within the meaning of section 414(i) of such Code) which is-- (A) an employee's trust described in section 401(a) of such Code which is exempt from tax under section 501(a) of such Code, (B) an annuity plan described in section 403(a) of such Code, (C) an annuity contract described in section 403(b) of such Code, and (D) an eligible deferred compensation plan described in section 457(b) of such Code which is maintained by an eligible employer described in section 457(e)(1)(A) of such Code, and (2) an individual retirement plan (as defined in section 7701(a)(37) of such Code). (d) Special Rules.-- (1) Required beginning date during suspension period.--The required beginning date with respect to any individual under section 401(a)(9) of such Code shall be determined without regard to this section for purposes of applying sections 401(a)(9), 404(a)(2), 403(b)(10), 408(a)(6), 408(b)(3), and 457(d) of such Code for calendar years after 2009. (2) Exception for 5-year rule.--In the case of a distribution required under section 401(a)(9)(B)(ii) of such Code, subsection (a) shall not apply. (3) Exemption of distributions during suspension period from trustee transfer and withholding rules.--For purposes of sections 401(a)(31), 402(f), and 3405 of such Code, any distribution during the suspension period which, but for subsection (a), would have been a required distribution under section 401(a)(9) of such Code shall not be treated as an eligible rollover distribution. (e) Provisions Relating to Plan Amendments.-- (1) In general.--If this subsection applies to any plan or annuity contract, such plan or contract shall be treated as being operated in accordance with the terms of the plan during the period described in paragraph (2)(B)(i). (2) Amendments to which subsection applies.-- (A) In general.--This subsection shall apply to any amendment to any plan or annuity contract which is made-- (i) pursuant to this section or pursuant to any regulation issued by the Secretary of the Treasury to carry out this section, and (ii) on or before the last day of the first plan year beginning on or after January 1, 2009. (B) Conditions.--This subsection shall not apply to any amendment unless during the period beginning on the date such amendment takes effect and ending on December 31, 2009 (or, if earlier, the date the plan or contract amendment is adopted), the plan or contract is operated as if such plan or contract amendment were in effect. (f) Effective Date.-- (1) In general.--This section shall take effect on the date of the enactment of this Act. (2) Recontribution of distributions before date of enactment.-- (A) In general.--Any individual who receives a payment or distribution during the period beginning on January 1, 2008, and ending on the date of the enactment of this Act from a plan to which subsection (a) or (c) of this section applies may, before the end of the suspension period, make one or more contributions in an aggregate amount not to exceed the amount of such payments or distributions to an eligible defined contribution plan of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16) of such Code, as the case may be. (B) Treatment of repayments of distributions from eligible retirement plans other than iras.--For purposes of the Internal Revenue Code of 1986, if a contribution is made pursuant to subparagraph (A) to an eligible defined contribution plan other than an individual retirement plan (as defined by section 7701(a)(37)), then the taxpayer shall, to the extent of the amount of the contribution, be treated as having received such payments or distributions in an eligible rollover distribution (as defined in section 402(c)(4) of such Code) and as having transferred the amount to the eligible defined contribution plan in a direct trustee to trustee transfer within 60 days of the distribution. (C) Treatment of repayments for distributions from iras.--For purposes of the Internal Revenue Code of 1986, if a contribution is made pursuant to subparagraph (A) to an individual retirement plan (as defined by section 7701(a)(37) of such Code), then, to the extent of the amount of the contribution, such payments or distributions shall be treated as a distribution described in section 408(d)(3) of such Code and as having been transferred to the individual retirement plan in a direct trustee to trustee transfer within 60 days of the distribution.

Retiree Relief Act of 2008 - Amends the Internal Revenue Code to suspend in 2008 and 2009 requirements for minimum distributions from tax-deferred retirement plans. Permits taxpayers who have already received a distribution between January 1, 2008, and the enactment of this Act to recontribute such distribution to their retirement plans by December 31, 2009.

{"src": "billsum_train", "title": "To suspend for 2008 and 2009 the required minimum distribution rules for certain defined contribution plans."}

SECTION 1. NO INCREASE IN PAY OF MEMBERS OF CONGRESS. (a) Short Title.--This section may be cited as the ``The No Pay Raise for Congress Until the Budget is Balanced Act''. (b) Findings.--Congress makes the following findings: (1) Article I, section 9, of the United States Constitution makes Congress responsible for all money drawn from the United States Treasury. (2) The United States national debt now exceeds $12,600,000,000,000. (3) The Federal budget deficit is projected to amount to $1,300,000,000,000 for fiscal year 2010 and the annual deficits will average nearly $1,000,000,000,000 for the next decade, according to the Congressional Budget Office. (4) Each American's share of the United States national debt amounts to more than $41,000. (5) The United States national debt increases more than $4,000,000,000 each day. (6) Foreign investors held 48 percent of the United States' outstanding public debt at the end of 2009, including $776,400,000,000 the United States owes to Communist China. (7) For the first time ever, the Federal budget deficit has been singled out as the most important issue facing the future of the country, according to a Gallup poll conducted between March 4 and March 7, 2010. (8) In the last six months, Congress has passed 4 major extension bills, costing taxpayers nearly $30,000,000,000. (9) Eighty-three percent of Americans say the size of the Federal budget deficit is due to the unwillingness of politicians to cut Government spending and just 11 percent think the Government spends taxpayers' money wisely, according to a national survey conducted between February 2 and February 3, 2010, by Rasmussen Reports. (10) More than twice as many United States adults (58 percent) say that debt owed to China is a more serious threat to the long-term security and well-being of the United States than is terrorism from radical Islamic terrorists (27 percent), according to a Zogby Interactive survey conducted between February 17 and February 19, 2010. (11) For the reasons specified in paragraphs (1) through (10)-- (A) Congress should make balancing the Federal budget an urgent priority to protect the national security, financial stability, and standard of living of the United States; (B) because Congress has long refused to make the tough decisions necessary to cut wasteful spending, reducing the national debt limit is the only sure way to force Congress to live within its means; (C) the pay for members of Congress, who are constitutionally responsible for the money drawn from the United States Treasury and the debt that results from excessive spending, should not be increased until Congress has balanced the Federal budget; and (D) Congress should no longer approve irresponsible legislation that adds to the deficit and burdens future generations with more debt. (c) Restrictions on Pay of Members of Congress.-- (1) Restriction on cola adjustments.--Notwithstanding any other provision of law, no adjustment shall be made under section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31) (relating to cost of living adjustments for Members of Congress) during fiscal year 2011 or any succeeding fiscal year, until the fiscal year following the first fiscal year that the annual Federal budget deficit is $0 as determined in the report submitted under paragraph (2). (2) Determinations and reports.-- (A) In general.--Not later than 30 days after the end of each fiscal year, the Secretary of the Treasury shall-- (i) make a determination of whether or not the annual Federal budget deficit was $0 for that fiscal year; and (ii) if the determination is that the annual Federal budget deficit was $0 for that fiscal year, submit a report to Congress of that determination. (B) Restriction of cola adjustments.--Not later than the end of each calendar year, the Secretary of the Treasury shall submit a report to the Secretary of the Senate and the Chief Administrative Officer of the House of Representatives on-- (i) any determination made under subparagraph (A); and (ii) whether or not the restriction under paragraph (1) shall apply to the succeeding fiscal year. SEC. 2. REPEAL OF INCREASE OF THE OFFICE BUDGETS OF MEMBERS OF CONGRESS. Of the funds made available under Public Law 111-68 for the legislative branch (except for any account under the heading ``CAPITOL POLICE''), $100,000,000 in unobligated balances are rescinded: Provided, That none of the funding available for the legislative branch be available for any pilot program for mailings of postal patron postcards by Senators for the purpose of providing notice of a town meeting by a Senator in a county (or equivalent unit of local government) at which the Senator will personally attend. SEC. 3. RESCISSION OF UNSPENT AND UNCOMMITTED FEDERAL FUNDS. (a) In General.--Notwithstanding any other provision of law, of all available unobligated Federal funds, $9,200,000,000 in discretionary, unexpired funds are rescinded. (b) Implementation.--Not later than 60 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall-- (1) identify the accounts and amounts rescinded to implement subsection (a); and (2) submit a report to the Secretary of the Treasury and Congress of the accounts and amounts identified under paragraph (1) for rescission.

No Pay Raise for Congress Until the Budget is Balanced Act - Eliminates automatic cost of living adjustments (COLAs) for Members of Congress during FY2011 or any succeeding fiscal year, until the fiscal year following the first fiscal year that the annual federal budget deficit is $0. Requires the Secretary of the Treasury to: (1) determine whether or not the annual federal budget deficit was $0 for that fiscal year, and if so, report that determination to Congress; and (2) report that determination also to the Secretary of the Senate and the Chief Administrative Officer of the House of Representatives, as well as whether or not such COLA restriction shall apply to the succeeding fiscal year. Rescinds $100 million in unobligated balances of funds made available under the Legislative Branch Appropriations Act, 2010, except for any Capitol Police account. Prohibits the availability of such funds for any pilot program for mailings of postal patron postcards by Senators to provide notice of a town meeting by a Senator in a county or local government at which he or she will personally attend. Rescinds $9.2 billion in discretionary, unexpired funds out of all available unobligated federal funds. Requires the Director of the Office of Management and Budget (OMB) to: (1) identify the accounts and amounts rescinded to implement this Act; and (2) report to the Secretary of the Treasury and Congress on them.

{"src": "billsum_train", "title": "A bill to require Congress to lead by example and freeze its own pay and fully offset the cost of the extension of unemployment benefits and other Federal aid."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Beneficiary Notification Rights Act of 1998''. SEC. 2. NOTIFICATION TO PARTICIPANTS AND BENEFICIARIES. (a) Group Health Plans.-- (1) Public health service act amendments.--(A) Subpart 2 of part A of title XXVII of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 2706. NOTIFICATION TO PARTICIPANTS AND BENEFICIARIES. ``(a) Requirement.--If a health insurance issuer offering group health insurance coverage intends to terminate coverage or allow a policy to lapse because a group health plan failed to pay to the issuer premiums necessary to maintain coverage, the issuer shall, not later than 30 days prior to the date of termination or policy lapse, provide written notice to all participants and beneficiaries indicating the termination date of such coverage. The issuer may not terminate coverage retroactively. ``(b) Conversion Option.--In a case in which a health insurance issuer terminates health insurance coverage offered in connection with a group health plan because a group health plan failed to pay to the issuer premiums necessary to maintain coverage, the issuer shall, for a period of 180 days beginning on the termination date, provide to all participants and beneficiaries the option of enrollment under a conversion health plan. ``(c) Notice.--A group health plan under this part shall comply with the notice requirement under section 713(c) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan.''. (B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)), as amended by section 604(b)(2) of Public Law 104-204, is amended by striking ``section 2704'' and inserting ``sections 2704 and 2706''. (2) ERISA amendments.--(A) Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: ``SEC. 713. NOTIFICATION TO PARTICIPANTS AND BENEFICIARIES. ``(a) Requirement.--If a health insurance issuer offering group health insurance coverage intends to terminate coverage or allow a policy to lapse because a group health plan failed to pay to the issuer premiums necessary to maintain coverage, the issuer shall, not later than 30 days prior to the date of termination or policy lapse, provide written notice to all participants and beneficiaries indicating the termination date of such coverage. The issuer may not terminate coverage retroactively. ``(b) Conversion Option.--In a case in which a health insurance issuer terminates health insurance coverage offered in connection with a group health plan because a group health plan failed to pay to the issuer premiums necessary to maintain coverage, the issuer shall, for a period of 180 days beginning on the termination date, provide to all participants and beneficiaries the option of enrollment under a conversion health plan. ``(c) Notice Under Group Health Plan.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, shall provide notice to each participant and beneficiary under such plan regarding the imposition of the requirements of this section in accordance with regulations promulgated by the Secretary. Such notice shall be in writing and prominently positioned in any literature or correspondence made available or distributed by the plan or issuer and shall be transmitted upon enrollment and annually thereafter, with the first notice required in the first mailing made by the plan or issuer to the participant or beneficiary after the date of the enactment of the Beneficiary Notification Rights Act of 1998.''. (B) Section 731(c) of such Act (29 U.S.C. 1191(c)), as amended by section 603(b)(1) of Public Law 104-204, is amended by striking ``section 711'' and inserting ``sections 711 and 713''. (C) Section 732(a) of such Act (29 U.S.C. 1191a(a)), as amended by section 603(b)(2) of Public Law 104-204, is amended by striking ``section 711'' and inserting ``sections 711 and 713''. (D) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 712 the following new item: ``Sec. 713. Notification to participants and beneficiaries.''. (3) Internal revenue code amendments.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 (as amended by section 1531(a) of the Taxpayer Relief Act of 1997) is amended-- (A) in the table of sections, by inserting after the item relating to section 9803 the following new item: ``Sec. 9804. Notification to participants and beneficiaries.''; and (B) by inserting after section 9803 the following: ``SEC. 9804. NOTIFICATION TO PARTICIPANTS AND BENEFICIARIES. ``(a) In General.--If a health insurance issuer offering group health insurance coverage intends to terminate coverage or allow a policy to lapse because a group health plan failed to pay to the issuer premiums necessary to maintain coverage, the issuer shall, not later than 30 days prior to the date of termination or policy lapse, provide written notice to all participants and beneficiaries indicating the termination date of such coverage. The issuer may not terminate coverage retroactively. ``(b) Conversion Option.--In a case in which a health insurance issuer terminates health insurance coverage offered in connection with a group health plan because a group health plan failed to pay to the issuer premiums necessary to maintain coverage, the issuer shall, for a period of 180 days beginning on the termination date, provide to all participants and beneficiaries the option of enrollment under a conversion health plan.''. (b) Effective Dates.--The amendments made by subsection (a) shall apply with respect to group health plans or health insurance coverage offered in connection with group health plans for plan years beginning on or after January 1, 1999. (c) Coordinated Regulations.--Section 104(1) of Health Insurance Portability and Accountability Act of 1996 is amended by striking ``this subtitle (and the amendments made by this subtitle and section 401)'' and inserting ``the provisions of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, the provisions of parts A and C of title XXVII of the Public Health Service Act, and chapter 100 of the Internal Revenue Code of 1986''.

Beneficiary Notification Rights Act of 1998 - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to require a health insurance issuer intending to terminate coverage or allow a policy to lapse because a group health plan failed to pay premiums necessary to maintain coverage, to: (1) notify all participants and beneficiaries of such situation; and (2) if such plan is terminated, provide all participants and beneficiaries with the option of enrollment under a conversion health plan.

{"src": "billsum_train", "title": "Beneficiary Notification Rights Act of 1998"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom to Travel to Cuba Act of 2003''. SEC. 2. TRAVEL TO CUBA. (a) Freedom of Travel for United States Citizens and Legal Residents.--Subject to section 3, the President shall not regulate or prohibit, directly or indirectly, travel to or from Cuba by United States citizens or legal residents, or any of the transactions incident to such travel that are set forth in subsection (b). (b) Transactions Incident to Travel.--The transactions referred to in subsection (a) are-- (1) any transactions ordinarily incident to travel to or from Cuba, including the importation into Cuba or the United States of accompanied baggage for personal use only; (2) any transactions ordinarily incident to travel or maintenance within Cuba, including the payment of living expenses and the acquisition of goods or services for personal use; (3) any transactions ordinarily incident to the arrangement, promotion, or facilitation of travel to, from, or within Cuba; (4) any transactions incident to nonscheduled air, sea, or land voyages, except that this paragraph does not authorize the carriage of articles into Cuba or the United States except accompanied baggage; and (5) normal banking transactions incident to the activities described in the preceding provisions of this subsection, including the issuance, clearing, processing, or payment of checks, drafts, traveler's checks, credit or debit card instruments, or similar instruments. SEC. 3. EXCEPTIONS. (a) Special Circumstances.--The restrictions on authority contained in section 2 do not apply in a case in which the United States is at war with Cuba, armed hostilities between the two countries are in progress, or there is imminent danger to the public health or the physical safety of United States travelers. (b) Importation of Goods for Personal Consumption.--Section 2 does not authorize the importation into the United States of any goods for personal consumption acquired in Cuba. SEC. 4. APPLICABILITY. This Act applies to actions taken by the President before the date of the enactment of this Act that are in effect on such date of enactment, and to actions taken on or after such date. SEC. 5. INAPPLICABILITY OF OTHER PROVISIONS. This Act applies notwithstanding section 102(h) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6032(h)) and section 910(b) of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7210(b)). SEC. 6. CRITICISM OF HUMAN RIGHTS PRACTICES IN CUBA. (a) Findings.-- (1) The democracies of the Western Hemisphere have approved an Inter-American Democratic Charter that sets a regional standard regarding respect for human rights and fundamental freedoms. (2) The government of the Republic of Cuba approved and is bound to respect the Charter of the Organization of American States (OAS) and the American Declaration of the Rights and Duties of Man. (3) In 2001, 2000, 1999, 1998, and previous years, the government of the Republic of Cuba declined to reply to the OAS Inter-American Commission on Human Rights when it sought the government's views on human rights violations in the Republic of Cuba. (4) All countries have an obligation to promote and protect human rights and fundamental freedoms as stated in the Charter of the United Nations and the Universal Declaration of Human Rights. (5) The United Nations Commission on Human Rights considered and passed a resolution in 2002 regarding the situation of human rights in the Republic of Cuba and called for the United Nations High Commissioner for Human Rights to send a personal representative to the Republic of Cuba. (6) The United States and other countries remain concerned about violations of human rights and fundamental freedoms in the Republic of Cuba, including the freedoms of expression, association, and assembly, and the rights associated with the administration of justice. (7) Amnesty International in its 2002 report noted an increase in human rights violations in the Republic of Cuba, including short-term arbitrary arrests, threats, summonses, evictions, interrogations, losses of employment, restrictions on travel, house arrests, and other forms of harassment directed by the government against political dissidents, independent journalists, and other activists in an effort to limit their ability to exercise fundamental freedoms. (8) Amnesty International also noted with concern the beginning of a trend toward the increased use of violence by Cuban authorities in order to repress dissent. (9) Peaceful dissidents in the Republic of Cuba, such as Oscar Elias Biscet, who upon finishing more than three years in jail for ``instigation to commit a crime'' is again in police custody and facing a possible year-long sentence, are subjected to ongoing harassment and imprisonment. (10) Many Cubans are routinely jailed under charges of ``disrespect'' for making negative statements about the government of the Republic of Cuba; of ``public disorder'' for criticizing the Castro regime; of ``revealing state security secrets'' and ``falsifying public documents'' for promoting democratic practices and human rights; of ``disobedience'' for peacefully protesting the Republic of Cuba's brutal treatment of dissidents; of ``damages'' for denouncing violations of human rights by the Cuban government and communicating the brutality of the Cuban regime to Cuban citizens and the world; and of ``enemy propaganda'' for criticizing communism. (11) The European Parliament rightfully recognized Oswaldo Paya for his work on the Varela Project with the 2002 Sakharov Prize for his human rights work in the Republic of Cuba. (b) Sense of the Senate.-- (1) It is the Sense of the Senate that the Government of Cuba will never be welcomed into the community of democratic nations unless that government-- (A) undertakes significant political and economic reforms called for by reporters of the Varela project which seeks to establish political and economic freedom for the Cuban people; (B) allows the International Committee of the Red Cross unrestricted access to all Cuban prisons and places of detention; (C) honors the request by the United Nations High Commissioner for Human Rights to allow his special representative to visit Cuba to make an assessment of the human rights situation; and (D) frees all political prisoners. (2) It is further the sense of the Senate that-- (A) the Organization of American States Inter- American Commission on Human Rights should continue its reporting on the human rights situation in the Republic of Cuba and to request a visit to the Republic of Cuba for the purposes of reviewing and reporting to the international community on the human rights situation there; (B) the United Nations High Commissioner for Human Rights and his personal representative should vigorously pursue the implementation of the 2002 Resolution regarding the situation of human rights in the Republic of Cuba; (C) the European Union, to build upon the European Parliament's recognition of Cuban dissidents and, through the appropriate bodies and mechanisms, should request to visit the Republic of Cuba for the purpose of reviewing the human rights situation there and issue a report to the international community on its findings; (D) representatives from the International Committee of the Red Cross should seek immediate access to all prisons in Cuba and prepare a report on the conditions of incarceration; and (E) human rights organizations throughout the world should issue statements of solidarity with the Cuban human rights activists, political dissidents, prisoners of conscience, independent journalists, and other Cubans demanding their release and seeking to secure their internationally recognized human rights and fundamental freedoms. (3) It is further the Sense of the Senate that the Department of State should monitor financial transactions to and from Cuba to ensure that terrorist financing is not occurring. SEC. 7. REPORT ON TERRORIST FINANCING. Not later than 180 days after the date of enactment of this Act, and every 180 days thereafter, the Secretary of State shall submit a report to Congress detailing any action taken by the Communist government of Cuba to provide financial support for terrorism or to facilitate the provision of such support.

Freedom to Travel to Cuba Act of 2003 - Prohibits the President from regulating or prohibiting travel to or from Cuba by U.S. citizens or legal residents, or any of the transactions ordinarily incident to such travel relating to: (1) accompanied personal baggage; (2) payment of living expenses and the acquisition of personal-use goods or services; (3) travel arrangements; (4) nonscheduled air, sea, or land voyage transactions, (such provision does not permit the carriage of articles other than accompanied baggage into Cuba or the United States); and (5) normal banking transactions. States that such provision does not: (1) restrict presidential authority in time of war or armed hostilities between the United States and Cuba, or of imminent danger to the public health or the physical safety of U.S. travelers; and (2) authorize U.S. importation of personal consumption goods acquired in Cuba. Sets forth findings respecting human rights violations in Cuba, including harassment of peaceful dissidents such as Oscar Elias Biscet, and noting the human rights work of Oswaldo Paya. Expresses the sense of the Senate that the Government of Cuba will never be welcomed into the community of democratic nations unless that government: (1) undertakes significant political and economic reforms called for by reporters of the Varela project; (2) allows the International Committee of the Red Cross unrestricted access to all Cuban prisons and places of detention; (3) honors the United Nations High Commissioner for Human Rights request to allow his special representative to visit Cuba to assess the human rights situation; and (4) frees all political prisoners. Expresses the sense of the Senate that: (1) the Organization of American States Inter-American Commission on Human Rights should continue reporting on the human rights situation in Cuba and should request a visit in order to review and report on such situation; (2) the United Nations High Commissioner for Human Rights and his personal representative should pursue implementation of the 2002 Resolution regarding human rights in Cuba; (3) the European Union, to build upon the European Parliament's recognition of Cuban dissidents, should request to visit Cuba in order to review and report on the human rights situation; (4) representatives from the International Committee of the Red Cross should seek immediate access to all Cuban prisons and report on incarceration conditions; and (5) human rights organizations should issue statements of solidarity with the Cuban human rights activists, political dissidents, prisoners of conscience, independent journalists, and other Cubans demanding their release and seeking to secure their internationally recognized human rights and fundamental freedoms. Expresses the sense of the Senate that the Department of State should monitor financial transactions to and from Cuba to ensure that terrorist financing is not occurring. Directs the Secretary of State to report every 180 days on any actions taken by Cuba to provide or facilitate financial support for terrorism.

{"src": "billsum_train", "title": "A bill to allow travel between the United States and Cuba."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mathematics and Science Education Excellence Act''. SEC. 2. PURPOSE. It is the purpose of this Act to-- (1) upgrade the status and stature of mathematics and science teaching as a profession by encouraging institutions of higher education to assume greater responsibility for improving mathematics and science teacher education through the establishment of a comprehensive, integrated system of recruiting and advising such teachers; (2) focus on the education of mathematics and science teachers as a career-long process that should continuously stimulate teachers' intellectual growth and upgrade teachers' knowledge and skills; (3) bring together mathematics and science teachers in elementary schools and secondary schools with scientists, mathematicians, and engineers to increase teacher content knowledge and improve teaching skills through the use of more sophisticated laboratory space and equipment, computing facilities, libraries, and other resources that colleges and universities are more able to provide; (4) develop more rigorous mathematics and science curricula that are aligned with challenging State academic content standards and intended to prepare students for postsecondary study in mathematics and science; and (5) conduct and evaluate research related to the science of learning and teaching in order to develop ways in which the results of such research can be applied, duplicated, and scaled up for use in low-performing elementary schools and secondary schools to improve the teaching and student achievement levels in mathematics and science. SEC. 3. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the National Science Foundation. (2) Elementary school.--The term ``elementary school'' has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (4) Secondary school.--The term ``secondary school'' has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). SEC. 4. MATHEMATICS AND SCIENCE PARTNERSHIP. (a) Competitive Grant Program.--During fiscal years 2003 and 2004, the Director shall carry out a mathematics and science partnership program in accordance with the requirements of sections 2201 and 2202 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6661 and 6662), by awarding competitive grants to eligible partnerships (as defined under section 2201 of such Act) in accordance with section 2202(a)(1) of such Act without regard to the amount of funds appropriated for such program under section 2203 of such Act. (b) Formula Grant Program.--During fiscal years 2005, 2006, and 2007, the Director shall carry out a mathematics and science partnership program in accordance with the requirements of sections 2201 and 2202 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6661 and 6662), by awarding grants to State educational agencies in accordance with section 2202(a)(2) of such Act without regard to the amount of funds appropriated for such program under section 2203 of such Act. (c) Shared Plan.--Not later than 120 days after the date of enactment of this Act, the Director and the Secretary of Education shall prepare a plan for the joint administration of this section and submit such plan to Congress for review and comment. (d) Technical Assistance.--The Director shall provide an eligible partnership or State educational agency, at the request of the eligible partnership or State educational agency, with technical assistance in meeting any requirements of the mathematics and science partnership program carried out by the Director, including providing advice from experts on how to develop-- (1) a high-quality application for a grant or subgrant under the program; and (2) high-quality activities from funds received from a grant or subgrant under the program. SEC. 5. ESTABLISHMENT OF RESEARCH ON MATHEMATICS AND SCIENCE LEARNING AND EDUCATION IMPROVEMENT. (a) Establishment.--From funds appropriated under subsection (g), the Director shall award grants, on a competitive basis, to eligible recipients to-- (1) conduct and evaluate research in cognitive science, education, and related fields associated with the science of learning and teaching mathematics and science; and (2) develop ways in which the results of such research can be applied, duplicated, and scaled up for use in low-performing elementary schools and secondary schools to improve the teaching and student achievement levels in mathematics and science. (b) Eligible Recipient.--In this section, the term ``eligible recipient'' means an institution of higher education, a nonprofit organization, or a consortium of such entities. (c) Application.--An eligible recipient desiring to receive a grant under this section shall submit an application to the Director at such time, in such manner, and accompanied by such information as the Director may require. (d) Evaluation.-- (1) In general.--In evaluating the applications submitted under subsection (c), the Director shall consider, at a minimum-- (A) the ability of the eligible recipient to effectively carry out the research program and reduce the eligible recipient's results to effective educational practice; (B) the experience of the eligible recipient in conducting research on the science of teaching and learning and the capacity of the applicant to foster new multidisciplinary collaborations; and (C) the capacity of the eligible recipient to attract and provide adequate support for graduate students to pursue research at the intersection of educational practice and basic research on human cognition and learning. (2) Current practices.--Not less than 1 of the grants awarded by the Director under subsection (a) shall include a comprehensive evaluation of the effectiveness of current mathematics and science teaching practices. (e) Activities.--An eligible recipient receiving a grant under this section shall-- (1) include, in such recipient's research, the active participation of elementary school and secondary school administrators and mathematics and science teachers; and (2) submit the results of such recipient's research to the Director. (f) Coordination.--The Director shall coordinate with the Secretary of Education and the Director of the Office of Science and Technology Policy in-- (1) carrying out this section; (2) disseminating the results of the research conducted pursuant to grants awarded under this section to elementary school teachers and secondary school teachers; and (3) providing programming, guidance, and support to ensure that such teachers-- (A) understand the implications of the research disseminated under paragraph (1) for classroom practice; and (B) can use the research to improve such teachers performance in the classroom. (g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $12,000,000 for fiscal year 2003 and such sums as may be necessary for each of the succeeding fiscal years. SEC. 6. DUPLICATION OF PROGRAMS. (a) In General.--The Director shall review the education programs of the National Science Foundation that are in operation as of the date of enactment of this Act to determine whether any of such programs duplicate the programs authorized under this Act. (b) Implementation.--As programs authorized under this Act are implemented, the Director shall-- (1) terminate any existing duplicative program being carried out by the National Science Foundation or merge the existing duplicative program into a program authorized under this Act; and (2) not establish any new program that duplicates a program that has been implemented pursuant to this Act. (c) Report.-- (1) Review.--The Director of the Office of Science and Technology Policy shall review the education programs of the National Science Foundation to ensure compliance with the provisions of this section. (2) Submission.--Not later than 1 year after the date of enactment of this Act, and annually thereafter as part of the annual Office of Science and Technology Policy's budget submission to Congress, the Director of the Office of Science and Technology Policy shall complete a report on the review carried out under this subsection and shall submit the report to-- (A) the Committee on Science of the House of Representatives; (B) the Committee on Education and the Workforce of the House of Representatives; (C) the Committee on Appropriations of the House of Representatives; (D) the Committee on Health, Education, Labor, and Pensions of the Senate; and (E) the Committee on Appropriations of the Senate.

Mathematics and Science Education Excellence Act - Requires the Director of the National Science Foundation (NSF Director) to make grants for a mathematics and science partnership program in accordance with certain provisions of the Elementary and Secondary Education Act of 1965 (ESEA). Includes: (1) competitive grants to eligible partnerships; and (2) formula grants to State educational agencies. Requires the NSF Director and the Secretary of Education to prepare a plan for joint administration of such program.Establishes a program of research on mathematics and science learning and improvement. Requires the NSF Director to award competitive grants for such program to institutions of higher education, nonprofit organizations, or consortia. Requires coordination of such program by the NSF Director with the Secretary and the Director of the Office of Science and Technology Policy (OSTP Director).Requires the NSF Director to remedy any duplication of programs authorized under this Act by current or subsequent NSF education programs. Requires the OSTP Director to review NSF education programs to ensure such compliance.

{"src": "billsum_train", "title": "A bill to promote mathematics and science education through a mathematics and science partnership and through the establishment of a grant program to increase student academic achievement in mathematics and science, and for other purposes."}

SECTION 1. PROHIBITION ON FEDERAL FUNDING OF NATIONAL PUBLIC RADIO AND RADIO CONTENT ACQUISITION. (a) In General.--No Federal funds may be made available-- (1) to an organization that is incorporated as of the date of the enactment of this Act for each of the purposes described in subsection (c), or to any successor organization; (2) for payment of dues to an organization described in paragraph (1); or (3) for the acquisition of radio programs (including programs to be distributed or disseminated over the Internet) by or for the use of a radio broadcast station that is a public broadcast station (as defined in section 397(6) of the Communications Act of 1934 (47 U.S.C. 397(6))). (b) Rules of Construction.-- (1) Other purposes.--Paragraphs (2) and (3) of subsection (a) shall not be construed to prohibit the making available of Federal funds to any entity, including an entity that engages in the payment described in such paragraph (2) or the acquisition described in such paragraph (3), for purposes other than such payment or acquisition. (2) Radio content acquisition by broadcasting board of governors or defense media activity.--Subsection (a)(3) shall not be construed to apply to the acquisition of radio programs by the Broadcasting Board of Governors or the Defense Media Activity. (c) Purposes Described.--The purposes described in this subsection are the following: (1) To propose, plan and develop, to acquire, purchase and lease, to prepare, produce and record, and to distribute, license and otherwise make available radio programs to be broadcast over noncommercial educational radio broadcast stations, networks and systems. (2) To engage in research study activities with respect to noncommercial educational radio programming and broadcasting. (3) To lease, purchase, acquire and own, to order, have, use and contract for, and to otherwise obtain, arrange for and provide technical equipment and facilities for the production, recording and distribution of radio programs for broadcast over noncommercial educational radio stations, networks and systems. (4) To establish and maintain one or more service or services for the production, duplication, promotion and circulation of radio programs on tape, cassettes, records or any other means or mechanism suitable for noncommercial educational transmission and broadcast thereof. (5) To cooperate and participate with foreign broadcasting systems and networks in all aspects of international radio programming and broadcasting. (6) To develop, prepare and publish information, data, reports and other materials in support of or relating to noncommercial educational radio programming and broadcasting. (7) To otherwise forward and advance the development, production, distribution and use of noncommercial educational radio programs, materials and services, and to assist and support noncommercial educational radio broadcasting pursuant to the Public Broadcasting Act of 1967, as it may from time to time be amended. (d) Federal Funds Defined.-- (1) In general.--In this section, the term ``Federal funds'' means, with respect to receipt by a non-Federal entity from the Federal Government, the following: (A) Grants. (B) Loans. (C) Property. (D) Cooperative agreements. (E) Direct appropriations. (2) Grants or subgrants from non-federal entity.--Such term also includes grants or subgrants from Federal funds made available to a non-Federal entity. (e) Changes to Funding Formula.--Section 396(k)(3)(A) of the Communications Act of 1934 (47 U.S.C. 396(k)(3)(A)) is amended-- (1) in clause (iii), by striking ``fiscal year'' and all that follows and inserting ``fiscal year, such amounts shall be available for distribution among the licensees and permittees of public radio stations pursuant to paragraph (6)(B).''; and (2) in clause (v)(II), by striking ``clause (ii)(II) and (III)'' and inserting ``clause (iii)''. (f) Conforming Amendments.--Section 396 of the Communications Act of 1934 (47 U.S.C. 396) is amended-- (1) in subsection (g)(2)-- (A) in the matter before clause (i) of subparagraph (B), by inserting ``(except for the acquisition of radio programs)'' after ``public telecommunications services''; and (B) in subparagraph (C), by inserting ``(except for the acquisition of radio programs)'' after ``public telecommunications services''; (2) in subsection (k)-- (A) in the 1st sentence of paragraph (3)(B)(i)-- (i) by striking ``and subparagraph (A)(iii)(II)''; and (ii) by striking ``or radio''; (B) in the 3rd sentence of paragraph (6)(B), by striking ``paragraph (3)(A)(iii)(I)'' and inserting ``paragraph (3)(A)(iii)''; and (C) in paragraph (7)-- (i) by striking ``(iii)(I)'' and inserting ``(iii)''; and (ii) by inserting ``(except for the acquisition of radio programming)'' before the period at the end; and (3) in subsection (l)(4)-- (A) in the matter before clause (i) of subparagraph (B), by striking ``(iii)(II)'' and inserting ``(iii)''; (B) in subparagraph (C), by striking ``subsection (k)(3)(A)(iii)(III)'' and inserting ``subsection (k)(3)(A)(iii)''; and (C) in subparagraph (D), by striking ``subsection (k)(3)(A) (ii)(III) or (iii)(II)'' and inserting ``subsection (k)(3)(A)(ii)(II) or subsection (k)(3)(A)(iii)''.

Prohibits federal funding to organizations incorporated for specified purposes related to: (1) broadcasting, transmitting, and programming over noncommercial educational radio broadcast stations, networks, and systems; (2) cooperating with foreign broadcasting systems and networks in international radio programming and broadcasting; (3) assisting and supporting such noncommercial educational radio broadcasting pursuant to the Public Broadcasting Act of 1967; (4) paying dues to such organizations; or (5) acquiring radio programs by or for the use of a radio broadcast station that is a public broadcast station as defined in the Communications Act of 1934. Revises the Public Broadcasting Fund allocation formula.

{"src": "billsum_train", "title": "To prohibit Federal funding of National Public Radio and the use of Federal funds to acquire radio content."}

SECTION 1. LAND AND WATER CONSERVATION FUND. (a) Reauthorization.--Section 200302 of title 54, United States Code, is amended-- (1) in subsection (b), in the matter preceding paragraph (1), by striking ``During the period ending September 30, 2015, there'' and inserting ``There''; and (2) in subsection (c)(1), by striking ``through September 30, 2015''. (b) Allocation of Funds.--Section 200304 of title 54, United States Code, is amended-- (1) by striking ``There'' and inserting ``(a) In General.-- There''; and (2) by striking the second sentence and inserting the following: ``(b) Allocation.--Of the appropriations from the Fund-- ``(1) not less than 40 percent shall be used collectively for Federal purposes under section 200306; ``(2) not less than 40 percent shall be used collectively-- ``(A) to provide financial assistance to States under section 200305; ``(B) for the Forest Legacy Program established under section 7 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103c); ``(C) for cooperative endangered species grants authorized under section 6 of the Endangered Species Act of 1973 (16 U.S.C. 1535); and ``(D) for the American Battlefield Protection Program established under chapter 3081; and ``(3) not less than 1.5 percent or $10,000,000, whichever is greater, shall be used for projects that secure recreational public access to Federal public land for hunting, fishing, or other recreational purposes.''. (c) Conservation Easements.--Section 200306 of title 54, United States Code, is amended by adding at the end the following: ``(c) Conservation Easements.--The Secretary and the Secretary of Agriculture shall consider the acquisition of conservation easements and other similar interests in land where appropriate and feasible.''. (d) Acquisition Considerations.--Section 200306 of title 54, United States Code (as amended by subsection (c)), is amended by adding at the end of the following: ``(d) Acquisition Considerations.--The Secretary and the Secretary of Agriculture shall take into account the following in determining the land or interests in land to acquire: ``(1) Management efficiencies. ``(2) Management cost savings. ``(3) Geographic distribution. ``(4) Significance of the acquisition. ``(5) Urgency of the acquisition. ``(6) Threats to the integrity of the land to be acquired. ``(7) The recreational value of the land.''. SEC. 2. NATIONAL PARK SERVICE MAINTENANCE AND REVITALIZATION CONSERVATION FUND. (a) In General.--Chapter 1049 of title 54, United States Code, is amended by adding at the end the following: ``Sec. 104908. National Park Service Maintenance and Revitalization Conservation Fund ``(a) In General.--There is established in the Treasury a fund, to be known as the `National Park Service Critical Maintenance and Revitalization Conservation Fund' (referred to in this section as the `Fund'). ``(b) Deposits to Fund.--Notwithstanding any provision of law providing that the proceeds shall be credited to miscellaneous receipts of the Treasury, for each fiscal year, there shall be deposited in the Fund, from revenues due and payable to the United States under section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) $150,000,000. ``(c) Use and Availability.-- ``(1) In general.--Amounts deposited in the Fund shall-- ``(A) be used only for the purposes described in subsection (d); and ``(B) be available for expenditure only after the amounts are appropriated for those purposes. ``(2) Availability.--Any amounts in the Fund not appropriated shall remain available in the Fund until appropriated. ``(3) No limitation.--Appropriations from the Fund pursuant to this section may be made without fiscal year limitation. ``(d) National Park System Critical Deferred Maintenance.--The Secretary shall use amounts appropriated from the Fund for high priority deferred maintenance needs of the Service that support critical infrastructure and visitor services. ``(e) Land Acquisition Prohibition.--Amounts in the Fund shall not be used for land acquisition.''. (b) Clerical Amendment.--The table of sections for chapter 1049 of title 54, United States Code, is amended by inserting after the item relating to section 104907 the following: ``104908. National Park Service Maintenance and Revitalization Conservation Fund.''.

This bill makes permanent the Land and Water Conservation Fund (LWCF). Of the appropriations from the LWCF: (1) at least 40% shall be used collectively for federal purposes for certain land and water acquisitions (as currently); (2) at least 40% shall be used collectively to provide financial assistance to states for LWCF purposes and for outdoor recreation, for the Forest Legacy Program, for cooperative endangered species grants, and for the American Battlefield Protection Program; and (3) at least 1.5% or $10 million, whichever is greater, shall be used for projects that secure recreational public access to federal public land for hunting, fishing, or other recreational purposes. The Department of the Interior and the Department of Agriculture shall consider the acquisition of conservation easements and other similar interests in land where it is appropriate and feasible, taking specified considerations into account. The bill establishes a National Park Service Critical Maintenance and Revitalization Conservation Fund in the Treasury for the deposit of specified amounts from revenues due and payable to the United States under the Outer Continental Shelf Lands Act. Amounts deposited in the Fund shall: (1) be used only for the high priority deferred maintenance needs of the National Park Service that support critical infrastructure and visitor services, and (2) be available for expenditure only after amounts are appropriated for such purposes. Amounts in the Fund shall not be used for acquiring land.

{"src": "billsum_train", "title": "To amend chapter 2003 of title 54, United States Code, to fund the Land and Water Conservation Fund and provide for the use of such funds, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Building Understanding, Investment, Learning, and Direction Career and Technical Education Act of 2013'' or the ``BUILD Career and Technical Education Act of 2013''. SEC. 2. FINDINGS. Congress finds the following: (1) The average high school graduation rate for students concentrating in career and technical education programs is 91.8 percent. (2) Career and technical education concentrators improved their 12th grade National Assessment of Educational Progress scores by 8 points in reading and 11 in mathematics, while students who took no career and technical education courses did not increase their mathematics scores and only increased reading by 4 points. (3) Students at schools with highly integrated rigorous academic and career and technical education programs have significantly higher achievement in reading, mathematics, and science than do students at schools with less integrated programs. (4) Four out of 5 graduates of secondary-level career or technical education programs who pursued postsecondary education after secondary school had earned a credential or were still enrolled in postsecondary education 2 years later. SEC. 3. PILOT GRANT PROGRAM TO SUPPORT CAREER AND TECHNICAL EDUCATION EXPLORATION PROGRAM IN MIDDLE SCHOOLS AND HIGH SCHOOLS. (a) Purposes.--The purposes of this Act are the following: (1) To provide students with opportunities to participate in career and technical education exploration programs and to provide information on available career and technical education programs and their impact on college and career readiness. (2) To expand professional growth of, and career opportunities for, students through career and technical education exploration programs. (3) To enhance collaboration between education providers and employers. (4) To develop or enhance career and technical education exploration programs with ties to a career and technical education program of study. (5) To evaluate students' participation in coordinated middle school and high school career and technical education exploration programs. (b) Definitions.--In this Act: (1) Career and technical education exploration program.-- The term ``career and technical education exploration program'' means a course or series of courses that provides experiential learning opportunities in 1 or more programs of study (including after school and during the summer), as appropriate, and the opportunity to connect experiential learning to education and career pathways that is offered to middle school students or high school students, or both. (2) Secretary.--The term ``Secretary'' means the Secretary of Education. (c) Authorization of Grant Program.-- (1) In general.--The Secretary shall award grants to local educational agencies to support career and technical education exploration programs. (2) Grant duration.--Grants awarded under this Act shall be 2 years in duration. (3) District capacity taken into account.--In awarding grants under paragraph (1), the Secretary shall take into account the resources and capacity of each local educational agency that applies for a grant. (d) Applications.--A local educational agency that desires to receive a grant under this Act shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (e) Priority.--In awarding grants under this Act, the Secretary shall give priority to grant proposals that-- (1) demonstrate-- (A) that a partnership among the local educational agency and business, industry, labor, or institutions of higher education, where appropriate to the grant project, exists and will participate in carrying out grant activities under this Act; (B) innovative and sustainable design; (C) a curriculum aligned with State diploma requirements; (D) a focus on preparing students, including special populations and nontraditional students, with opportunities to explore careers and skills required for jobs in their State and that provide high wages and are in demand; (E) a method of evaluating success; and (F) that the programs to be assisted with grant funds are not receiving assistance under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.); and (2) include an assurance that-- (A) the local educational agency will fund the operational costs of the activities described in this Act after the grant period expires; and (B) if the local educational agency charges a fee to participate in the after school and summer components of the career and technical education exploration program to be carried out by the agency, the agency will implement such fee on a sliding scale according to income and established in a manner that makes participation financially feasible for all students. (f) Uses of Funds.-- (1) In general.--A local educational agency that receives a grant under this Act shall use the grant funds to carry out any of the following: (A) Leasing, purchasing, upgrading, or adapting equipment related to the content of career and technical education exploration program activities. (B) Program director, instructor, or other staff expenses to coordinate or implement program activities. (C) Consultation services with a direct alignment to the program goals. (D) Support of professional development programs aligned to the program goals. (E) Minor remodeling, if any, necessary to accommodate new equipment obtained pursuant to subparagraph (A). (F) Evaluating the access to career and technical education exploration programs and the impact such programs have on the transition to career and technical programs of study (as described in section 122(c)(1)(A) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2342(c)(1)(A))), or other postsecondary programs of study, high school completion, and the number of students who earn an industry-recognized credential, associate's degree, bachelor's degree, or other career and technical education related postsecondary credit in addition to a high school diploma. (2) Use and ownership of materials or equipment.--Any materials or equipment purchased with grant funds awarded under this Act shall be the property of the local educational agency. (3) Administrative costs.--A local educational agency that receives a grant under this Act may use not more than 5 percent of the grant funds for administrative costs associated with carrying out activities under this Act. (g) Evaluations.-- (1) In general.--A local educational agency that receives a grant under this Act shall develop an evaluation plan of grant activities that shall include an evaluation of specific outcomes, described in paragraph (2), and progress toward meeting such outcomes within the timeline of the grant that shall be measurable through collection of appropriate data or documented through other records. Such evaluation shall reflect the resources and capacity of the local educational agency. (2) Outcomes.--The specific outcomes shall clearly address the following areas: (A) The extent of student participation in career and technical education exploration programs. (B) Improved rigor in technical or academic content aligned to diploma requirements and industry recognized technical standards. (C) Improved alignment between career and technical education and other courses, including core academic subjects. (D) The impact such programs have on the transition to career and technical programs of study (as described in section 122(c)(1)(A) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2342(c)(1)(A))) and other postsecondary programs of study. (3) Submission to the department.--A local educational agency that receives a grant under this Act shall submit evaluations conducted under this subsection to the Secretary. (h) Supplement Not Supplant.--Funds received under this Act shall be used to supplement, and not supplant, funds that would otherwise be used for activities authorized under this Act. (i) Authorization of Appropriations.--There are authorized to be appropriated to carry out this Act $20,000,000.

Building Understanding, Investment, Learning, and Direction Career and Technical Education Act of 2013 or the BUILD Career and Technical Education Act of 2013 - Directs the Secretary of Education to award competitive two-year grants to local educational agencies to support career and technical education exploration programs that provide middle and high school students with experiential learning opportunities that are connected to their education and career pathways. Requires grant funds to be used for: (1) leasing, purchasing, upgrading, or adapting equipment related to program activities; (2) staff expenses in coordinating or implementing program activities; (3) consultation services that are directly aligned to program goals; (4) professional development programs that are aligned to program goals; (5) minor remodeling to accommodate program equipment; and/or (6) program evaluation. Requires each grantee to develop a plan to evaluate grant activities that includes an evaluation of specified outcomes.

{"src": "billsum_train", "title": "BUILD Career and Technical Education Act of 2013"}

SECTION 1. EXPANSION OF TAX REFUND REDUCTION PROVISION TO INCLUDE CERTAIN STATE AND LOCAL TAX DEBT. (a) Section 3720A of title 31, United States Code (relating to reduction of tax refund by amount of debt) is amended by adding at the end the following: ``(j) Collection of Past-Due Legally Enforceable State and Local Government Tax Obligations.--(1) Upon receiving notice from any State or local government that a named person owes a past-due, legally enforceable tax obligation to such government (other than an income tax debt to a State government), the Secretary of the Treasury shall, under such conditions as may be prescribed by the Secretary, determine whether any amounts, as refunds of Federal taxes paid, are payable to such person. If the Secretary of the Treasury finds that any such amount is payable, he shall-- ``(A) reduce such refunds by an amount equal to the amount of such debt; ``(B) pay the amount of such reduction to the State or local government; ``(C) notify the State or local government of the person's name, taxpayer identification number, address, and the amount collected; and ``(D) notify the person due the refund that the refund has been reduced by an amount necessary to satisfy a past-due, legally enforceable tax obligation. ``(2) Priorities for offset.--(A) Any overpayment (as defined in section 6401 of the Internal Revenue Code of 1986) by a person shall be reduced pursuant to this subsection-- ``(i) after such overpayment is reduced (I) with respect to any liability for any internal revenue tax on the part of the person who made the overpayment; (II) with respect to past-due support (as defined in section 464(c) of the Social Security Act); and (III) with respect to any past-due, legally enforceable debt owed to a Federal agency; and ``(ii) before such overpayment is credited to the future liability for any Federal internal revenue tax of such person. ``(B) If the Secretary receives notice from one or more agencies of State or local governments of more than one tax obligation subject to paragraph (1) that is owed by such person to any such agency, including any claim by a State for a past-due legally enforceable income tax obligation, any overpayment by such person shall be applied against such debts in the order in which such notices were filed. ``(3) Notice; consideration of evidence.--No State or local government may take action under this subsection until such State or local government-- ``(A) notifies the person owing the past-due, legally enforceable tax obligation by first-class mail at the taxpayer's last known address that the State or local government proposes to take action pursuant to this section; ``(B) gives such person at least 60 days to present evidence that all or part of such liability is not past-due or not legally enforceable; ``(C) considers any evidence presented by such person and determines that an amount of such debt is past-due and legally enforceable; and ``(D) satisfies such other conditions as the Secretary may prescribe to ensure that the determination made under subparagraph (C) is valid and that the State or local government has made reasonable efforts to obtain payment of such tax obligation. ``(4) Definition of past-due, legally enforceable tax obligation.-- In this subsection, the term `past-due, legally enforceable tax obligation' means a debt-- ``(A)(i) which resulted from-- ``(I) a judgment rendered by a court of competent jurisdiction which has determined an amount of tax to be due; or ``(II) a determination after an administrative hearing which has determined an amount of tax to be due; and ``(ii) which is no longer subject to judicial review; or ``(B) which resulted from a tax which has been assessed but not collected, the time for redetermination of which has expired, and which has not been delinquent for more than 10 years. ``(5) Regulations.--The Secretary shall issue regulations prescribing the time and manner in which States and local governments must submit notices of past-due, legally enforceable tax obligations and the necessary information that must be contained in or accompany such notices. The regulations shall specify the types of taxes and the minimum amount of debt to which the reduction procedure established by paragraph (1) may be applied. The regulations may require States and local governments to pay a fee to reimburse the Secretary for the cost of applying such procedure. Any fee paid to the Secretary pursuant to the preceding sentence shall be used to reimburse appropriations which bore all or part of the cost of applying such procedure. ``(6) Erroneous payment to state or local government.--Any State or local government receiving notice from the Secretary that an erroneous payment has been made to such State or local government under paragraph (1) shall pay promptly to the Secretary, in accordance with such regulations as the Secretary may prescribe, an amount equal to the amount of such erroneous payment (without regard to whether any other amounts payable to such State or local government under such paragraph have been paid to such State or local government). ``(k) Treatment of Payments Made to State and Local Governments.-- The Secretary may provide that, for the purposes of determining interest, the payment of any amount withheld under subsection (j) to a State or local government shall be treated as a payment to the person or persons making the overpayment.''. (b) Disclosure of Certain Information to Agencies of States and Local Governments Requesting Refund Offsets for Past-Due, Legally Enforceable Tax Obligations.--Paragraph (10) of section 6103(l) of the Internal Revenue Code of 1986 is amended-- (1) in the paragraph heading, by inserting after ``6402'' the following: ``or under subsection (j) of section 3720A of title 31, united states code''; (2) in subparagraph (A), by inserting after ``6402'' the following: `` or subsection (j) of section 3720A of title 31, United States Code,''; and (3) in subparagraph (B)-- (A) by striking ``section 6402 is'' and inserting ``section 6402 or under subsection (j) of section 3720A of title 31, United States Code, is''; and (B) by striking ``section 6402.'' and inserting ``section 6402 or under subsection (j) of section 3720A of title 31, United States Code.''.

Amends Federal law to direct the Secretary of the Treasury to reduce a Federal tax refund by the amount necessary to satisfy a past-due, legally enforceable tax obligation owed to either a State or local governmental entity which has given notice to the Secretary of such debt. Requires such governmental entities to notify the person owing the tax obligation by first-class mail that the State or local government proposes to take such action. Amends the Internal Revenue Code of 1986 with regard to Internal Revenue Service disclosures to State and local government agencies requesting refund offsets for such past-due tax obligations.

{"src": "billsum_train", "title": "To amend title 31, United States Code, to allow certain State and local tax debt to be collected through the reduction of Federal tax refunds."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Unsolved Civil Rights Crime Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that all authorities with jurisdiction, including the Federal Bureau of Investigation and other entities within the Department of Justice, should-- (1) expeditiously investigate unsolved civil rights murders, due to the amount of time that has passed since the murders and the age of potential witnesses; and (2) provide all the resources necessary to ensure timely and thorough investigations in the cases involved. SEC. 3. DEFINITIONS. In this Act: (1) Chief.--The term ``Chief'' means the Chief of the Section. (2) Chief investigator.--The term ``Chief Investigator'' means the Chief Investigator of the Office. (3) Criminal civil rights statutes.--The term ``criminal civil rights statutes'' means-- (A) section 241 of title 18, United States Code (relating to conspiracy against rights); (B) section 242 of title 18, United States Code (relating to deprivation of rights under color of law); (C) section 245 of title 18, United States Code (relating to federally protected activities); (D) sections 1581 and 1584 of title 18, United States Code (relating to involuntary servitude and peonage); (E) section 901 of the Fair Housing Act (42 U.S.C. 3631); and (F) any other Federal law that-- (i) was in effect on or before December 31, 1969; and (ii) the Criminal Section of the Civil Rights Division of the Department of Justice enforced, prior to the date of enactment of this Act. (4) Office.--The term ``Office'' means the Unsolved Civil Rights Crime Investigative Office established under section 5. (5) Section.--The term ``Section'' (except when used as part of the term ``Criminal Section'') means the Unsolved Crimes Section established under section 4. SEC. 4. ESTABLISHMENT OF SECTION IN CIVIL RIGHTS DIVISION. (a) In General.--There is established in the Civil Rights Division of the Department of Justice an Unsolved Crimes Section. The Section shall be headed by a Chief of the Section. (b) Responsibility.-- (1) In general.--Notwithstanding any other provision of Federal law, and except as provided in section 5, the Chief shall be responsible for investigating and prosecuting violations of criminal civil rights statutes, in cases in which a complaint alleges that such a violation-- (A) occurred not later than December 31, 1969; and (B) resulted in a death. (2) Coordination.-- (A) Investigative activities.--In investigating a complaint under paragraph (1), the Chief shall coordinate investigative activities with State and local law enforcement officials. (B) Venue.--After investigating a complaint under paragraph (1), or receiving a report of an investigation conducted under section 5, if the Chief determines that an alleged practice that is a violation of a criminal civil rights statute occurred in a State, or political subdivision of a State, that has a State or local law prohibiting the practice alleged and establishing or authorizing a State or local law enforcement official to grant or seek relief from such practice or to institute criminal proceedings with respect to the practice on receiving notice of the practice, the Chief shall consult with the official regarding the appropriate venue for the case involved. (3) Referral.--After investigating a complaint under paragraph (1), or receiving a report of an investigation conducted under section 5, the Chief shall refer the complaint to the Criminal Section of the Civil Rights Division, if the Chief determines that the subject of the complaint has violated a criminal civil rights statute in the case involved but the violation does not meet the requirements of subparagraph (A) or (B) of paragraph (1). (c) Study and Report.-- (1) Study.--The Chief shall annually conduct a study of the cases under the jurisdiction of the Chief or under the jurisdiction of the Chief Investigator and, in conducting the study, shall determine the cases-- (A) for which the Chief has sufficient evidence to prosecute violations of criminal civil rights statutes; and (B) for which the Chief has insufficient evidence to prosecute those violations. (2) Report.--Not later than September 30 of 2006 and of each subsequent year, the Chief shall prepare and submit to Congress a report containing the results of the study conducted under paragraph (1), including a description of the cases described in paragraph (1)(B). (d) Authorization of Appropriations.-- (1) Authorization.--There is authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2007 and each subsequent fiscal year. (2) Additional appropriations.--Any funds appropriated under this subsection shall consist of additional appropriations for the activities described in this section, rather than funds made available through reductions in the appropriations authorized for other enforcement activities of the Department of Justice. SEC. 5. ESTABLISHMENT OF OFFICE IN FEDERAL BUREAU OF INVESTIGATION. (a) In General.--There is established in the Civil Rights Unit of the Federal Bureau of Investigation of the Department of Justice an Unsolved Civil Rights Crime Investigative Office. The Office shall be headed by a Chief Investigator. (b) Responsibility.-- (1) In general.--In accordance with an agreement established between the Chief Investigator and the Chief, the Chief Investigator shall be responsible for investigating violations of criminal civil rights statutes, in cases described in section 4(b). (2) Coordination.-- (A) Investigative activities.--In investigating a complaint under paragraph (1), the Chief Investigator shall coordinate the investigative activities with State and local law enforcement officials. (B) Referral.--After investigating a complaint under paragraph (1), the Chief Investigator shall-- (i) determine whether the subject of the complaint has violated a criminal rights statute in the case involved; and (ii) refer the complaint to the Chief, together with a report containing the determination and the results of the investigation. (c) Authorization of Appropriations.-- (1) Authorization.--There is authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2007 and each subsequent fiscal year. (2) Additional appropriations.--Any funds appropriated under this subsection shall consist of additional appropriations for the activities described in this section, rather than funds made available through reductions in the appropriations authorized for other enforcement activities of the Department of Justice. SEC. 6. COMMUNITY RELATIONS SERVICE OF THE DEPARTMENT OF JUSTICE. In addition to any amounts authorized to be appropriated under title XI of the Civil Rights Act of 1964 (42 U.S.C. 2000h et seq.), there are authorized to be appropriated to the Community Relations Service of the Department of Justice $1,500,000 for fiscal year 2007 and each subsequent fiscal year, to enable the Service (in carrying out the functions described in title X of such Act (42 U.S.C. 2000g et seq.)) to provide technical assistance by bringing together law enforcement agencies and communities in the investigation of violations of criminal civil rights statutes, in cases described in section 4(b).

Unsolved Civil Rights Crime Act - Establishes an Unsolved Crimes Section in the Civil Rights Division of the Department of Justice (DOJ) and an Unsolved Civil Rights Crime Investigative Office in the Civil Rights Unit of the Federal Bureau of Investigation (FBI). Requires the Chief of the Section (Chief) and the Chief Investigator of the Office to be responsible for investigating violations of criminal civil rights statutes in which the complaint alleges that such a violation occurred not later than December 31, 1969, and resulted in a death. Requires the Chief Investigator to refer complaints determined to have violated a criminal rights statute to the Chief, who shall be responsible for prosecuting such violations. Requires the Chief to: (1) consult with state or local officials regarding the appropriate venue for a case where there has been a violation of a criminal civil rights statute that is also a violation of a state or local law; and (2) refer cases to the Criminal Section of the Civil Rights Division if the Chief determines that the subject of the complaint has violated a criminal civil rights statute but the violation does not meet the requirements for the Unsolved Crimes Section. Requires the Chief, annually, to determine and report on the cases under his or her jurisdiction for which there is sufficient evidence to prosecute violations of criminal civil rights statutes. Authorizes additional appropriations to the Community Relations Service of DOJ to provide technical assistance by bringing together law enforcement agencies and communities in the investigation of criminal civil rights statutes.

{"src": "billsum_train", "title": "To establish an Unsolved Crimes Section in the Civil Rights Division of the Department of Justice, and an Unsolved Civil Rights Crime Investigative Office in the Civil Rights Unit of the Federal Bureau of Investigation, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Consent Decree Fairness Act''. SEC. 2. FINDINGS. Congress finds that: (1) Consent decrees are for remedying violations of requirements of Federal law, and they should not be used to advance any policy extraneous to that purpose. (2) Consent decrees are also for protecting the party or class facing injury and should not be expanded to apply to parties not involved in the litigation. (3) In structuring consent decrees, courts should take into account the interests of State and local governments in managing their own affairs. (4) Consent decrees should be structured and administered to give due deference to the policy judgments of State and local officials, and their successors, as to how to obey the law. (5) Whenever possible, courts should not impose consent decrees that require technically complex and evolving policy choices, especially in the absence of judicially discoverable and manageable standards. (6) Consent decrees should not be unlimited, but should contain an explicit and realistic strategy for ending court supervision. SEC. 3. LIMITATION ON CONSENT DECREES. (a) In General.--Chapter 111 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 1660. Consent decrees ``(a) Definitions.--In this section, the term `consent decree'-- ``(1) means any order imposing injunctive or other prospective relief against a State or local government, or a State or local official sued, entered by a court of the United States that is based in whole or part upon the consent or acquiescence of the parties; and ``(2) does not include-- ``(A) private settlements agreements; ``(B) any order arising from an action filed against a government official that is unrelated to his or her official duties; ``(C) any order entered by a court of the United States to implement a plan to end segregation of students or faculty on the basis of race, color, or national origin in elementary schools, secondary schools, or institutions of higher education; and ``(D) any order entered in any action-- ``(i) filed by the United States or any agency of the United States, except for reporting requirements provided under section 4 of the Federal Consent Decree Fairness Act; or ``(ii) in which 1 State is an adverse party to another State. ``(b) Limitation on Duration.-- ``(1) In general.--A State or local government, or a State or local official who was a party to the consent decree (or the successor to that individual) may file a motion under this section with the court that entered a consent decree to modify or terminate the consent decree upon the earlier of-- ``(A) 4 years after a consent decree is originally entered by a court of the United States, regardless if the consent decree has been modified or reentered during that period; or ``(B) in the case of a civil action in which-- ``(i) a State or an elected State official is a party, the expiration of the term of office of the highest elected State official who was a party to the consent decree; ``(ii) a local government or elected local government official is a party, the expiration of the term of office of the highest elected local government official who was a party to the consent decree; or ``(iii) the consent to the decree was authorized by an appointed State or local official, upon the expiration of the term of office of the elected official who appointed that State or local official, or the highest elected official in that State or local government; or ``(C) the date otherwise provided by law. ``(2) Burden of proof.-- ``(A) In general.--With respect to any motion filed under paragraph (1), the burden of proof shall be on the party who originally filed the civil action to demonstrate that the denial of the motion to modify or terminate a consent decree or any part of a consent decree is necessary to prevent the violation of a requirement of Federal law that-- ``(i) was actionable by such party; and ``(ii) was addressed in the original consent decree. ``(B) Failure to meet burden of proof.--If a party fails to meet the burden of proof described in subparagraph (A), the court shall terminate the consent decree. ``(C) Satisfaction of burden of proof.--If a party meets the burden of proof described in subparagraph (A), the court shall ensure that any remaining provisions of the consent decree represent the least restrictive means by which to prevent such a violation. ``(3) Ruling on motion.-- ``(A) In general.--The court shall rule expeditiously on a motion filed under this subsection. ``(B) Scheduling order.--Not later than 30 days after the filing of a motion under this subsection, the court shall enter a scheduling order that-- ``(i) limits the time of the parties to-- ``(I) file motions; and ``(II) complete any required discovery; and ``(ii) sets the date or dates of any hearings determined necessary. ``(C) Stay of injunctive or prospective relief.--In addition to any other orders authorized by law, the court may stay the injunctive or prospective relief set forth in the consent decree in an action under this subsection if a party opposing the motion to modify or terminate the consent decree seeks any continuance or delay that prevents the court from entering a final ruling on the motion within 180 days of the filing of the motion. ``(c) Other Federal Court Remedies.--The provisions of this section shall not be interpreted to prohibit a Federal court from entering a new order for injunctive or prospective relief to the extent that it is otherwise authorized by Federal law. ``(d) Available State Court Remedies.--The provisions of this section shall not prohibit the parties from seeking appropriate relief under State law.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 111 of title 28, United States Code, is amended by adding at the end the following: ``1660. Consent decrees.''. SEC. 4. DEPARTMENT OF JUSTICE REPORT. (a) In General.--Not later than October 1 of each year, the Attorney General shall submit a report to Congress on all consent decrees in which the United States is a party where the consent decrees were entered 4 or more years prior to the date of the report. (b) Content of Reports.--The report required under subsection (a) shall include-- (1) copies of any consent decrees described in subsection (a); and (2) a written statement by the Attorney General or other agency head explaining-- (A) why each consent decree listed in the report requires continued court supervision; and (B) any efforts the United States had made to limit the scope or duration of the consent decree. (c) Preparation of Report.-- (1) In general.--Federal agencies other than the Department of Justice shall provide the information required in this section to the Attorney General not later than September 1 of each year. (2) Input.--In preparing the report required under subsection (a), the Attorney General or other agency head shall solicit, and include in the report, statements relating to each consent decree from State and local officials who-- (A) support continued court supervision; and (B) oppose continued court supervision. (d) Electronic Submission.--Copies of consent decrees required by subsection (b)(1)(B) may be submitted in electronic format. SEC. 5. GENERAL PRINCIPLES. (a) No Effect on Other Laws Relating to Modifying or Vacating Consent Decrees.--Nothing in the amendments made by section 3 shall be construed to preempt or modify any other provision of law providing for the modification or vacating of a consent decree. (b) Further Proceedings Not Required.--Nothing in the amendments made by section 3 shall be construed to affect or require further judicial proceedings relating to prior adjudications of liability or class certifications. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall take effect on the date of enactment of this Act and apply to all consent decrees regardless of-- (1) the date on which the order of a consent decree is entered; or (2) whether any relief has been obtained under a consent decree before the date of enactment of this Act.

Federal Consent Decree Fairness Act - Amends the federal judicial code to authorize any state or local government or related official (or successor) to file a motion to modify or terminate a federal consent decree upon the earlier of: (1) four years after the consent decree is originally entered; or (2) in the case of a civil action in which a state or state official, or a local government or local government official, is a party, the expiration of the term of office of the highest state or local government official who was a party to the consent decree; or (3) the date otherwise provided by law. Places the burden of proof with respect to such motions on the party originally filing the action to demonstrate that the denial of the motion to modify or terminate a consent decree (or any part of it) is necessary to prevent the violation of a federal requirement that: (1) was actionable by such party; and (2) was addressed in the original consent decree. Requires a court, within 30 days after the filing of a motion, to enter a scheduling order that: (1) limits the time of the parties to file motions and complete discovery; and (2) sets the date or dates of any necessary hearings. Authorizes a court to stay the injunctive or prospective relief set forth in the consent decree if a party opposing the motion to modify or terminate it seeks any continuance or delay that prevents the court from entering a final ruling on the motion within 180 days of its filing. Requires the Attorney General to report annually to Congress on all consent decrees in which the United States is a party that were entered four or more years before the date of the report.

{"src": "billsum_train", "title": "A bill to amend chapter 111 of title 28, United States Code, to limit the duration of Federal consent decrees to which State and local governments are a party, and for other purposes."}

SECTION 1. ENCOURAGEMENT OF CONTRIBUTIONS OF CAPITAL GAIN REAL PROPERTY MADE FOR CONSERVATION PURPOSES. (a) In General.-- (1) Individuals.--Paragraph (1) of subsection 170(b) of the Internal Revenue Code of 1986 (relating to percentage limitations) is amended by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively, and by inserting after subparagraph (D) the following new subparagraph: ``(E) Contributions of qualified conservation contributions.-- ``(i) In general.--Any qualified conservation contribution (as defined in subsection (h)(1)) to an organization described in subparagraph (A) shall be allowed to the extent the aggregate of such contributions does not exceed the excess of 50 percent of the taxpayer's contribution base over the amount of all other charitable contributions allowable under this paragraph. ``(ii) Carryover.--If the aggregate amount of contributions described in clause (i) exceeds the limitation of clause (i), such excess shall be treated (in a manner consistent with the rules of subsection (d)(1)) as a charitable contribution to which clause (i) applies in each of the 15 succeeding years in order of time. ``(iii) Coordination with other subparagraphs.--For purposes of applying this subsection and subsection (d)(1), contributions described in clause (i) shall not be treated as described in subparagraph (A), (B), (C), or (D). ``(iv) Qualified farmer or rancher.-- ``(I) In general.--If the individual is a qualified farmer or rancher for the taxable year in which the contribution is made, clause (i) shall be applied by substituting `100 percent' for `50 percent'. ``(II) Definition.--For purposes of subclause (I), the term `qualified farmer or rancher' means a taxpayer whose gross income from the trade or business of farming (within the meaning of section 2032A(e)(5)) is greater than 50 percent of the taxpayer's gross income for the taxable year.''. (2) Corporations.--Paragraph (2) of section 170(b) of such Code is amended to read as follows: ``(2) Corporations.--In the case of a corporation-- ``(A) In general.--The total deductions under subsection (a) for any taxable year (other than for contributions to which subparagraph (B) applies) shall not exceed 10 percent of the taxpayer's taxable income. ``(B) Qualified conservation contributions by certain corporate farmers and ranchers.-- ``(i) In general.--Any qualified conservation contribution (as defined in subsection (h)(1)) made-- ``(I) by a corporation which, for the taxable year during which the contribution is made, is a qualified farmer or rancher (as defined in paragraph (1)(E)(iv)(II)) and the stock of which is not readily tradable on an established securities market at any time during such year, and ``(II) to an organization described in paragraph (1)(A), shall be allowed to the extent the aggregate of such contributions does not exceed the excess of the taxpayer's taxable income over the amount of charitable contributions allowable under subparagraph (A). ``(ii) Carryover.--If the aggregate amount of contributions described in clause (i) exceeds the limitation of clause (i), such excess shall be treated (in a manner consistent with the rules of subsection (d)(2)) as a charitable contribution to which clause (i) applies in each of the 15 succeeding years in order of time. ``(C) Taxable income.--For purposes of this paragraph, taxable income shall be computed without regard to-- ``(i) this section, ``(ii) part VIII (except section 248), ``(iii) any net operating loss carrryback to the taxable year under section 172, ``(iv) section 199, and ``(v) any capital loss carryback to the taxable year under section 1212(a)(1).''. (b) Conforming Amendments.-- (1) The second sentence of clause (i) of section 170(b)(1)(C) of such Code is amended by striking ``subparagraph (D)'' and inserting ``subparagraph (D) or (E)''. (2) Clause (i) of section 170(b)(1)(D) of such Code is amended by striking ``subparagraph (A)'' and inserting ``subparagraphs (A) or (E)''. (3) Paragraph (2) of section 170(d) of such Code is amended by striking ``subsection (b)(2)'' each place it appears and inserting ``subsection (b)(2)(A)''. (4) Section 545(b)(2) of such Code is amended by striking ``and (D)'' and inserting ``(D), and (E)''. (c) Effective Date.--The amendments made by this section shall apply to contributions made in taxable years beginning after December 31, 2005, and before January 1, 2008.

Amends the Internal Revenue Code to allow: (1) taxpayers making charitable contributions of real property for conservation purposes (qualified conservation contributions) to deduct up to 50% (currently, 30%) of their income for such contributions (100% for certain farmers or ranchers); and (2) a 15-year carryover of excess tax deduction amounts for such contributions.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to encourage charitable contributions of real property for conservation purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Underage Drinking Prevention Act of 2006''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The consumption of beverage alcohol by underage youth is an ongoing national concern. About 10.8 million Americans between the ages of 12 to 20--for whom alcohol is illegal-- report current alcohol use, approximately 29 percent of that age group. (Substance Abuse and Mental Health Services Administration; 2004 National Survey on Drug Use and Health.) (2) Despite the seriousness of the problem that exists, significant declines have been noted over the past decade among 8th, 10th and 12th graders. Since 1991, ``binge drinking'' has declined by 19 percent for 8th graders; 8 percent for 10th graders; and 6 percent for 12th graders, and ``past month drinking'' has declined by 32 percent for 8th graders; 22 percent for 10th graders; and 13 percent for 12th graders (2005 Monitoring the Future Survey). (3) However, 42 percent of college students report having five or more drinks in a row at least once in the past two weeks. Sixty-eight percent report drinking alcohol within the past month. Consumption patterns in this category have remained flat over the last decade. (Johnson, et al., 2004 Monitoring the Future Study.) (4) Sixty-five percent of underage youth who drink obtain alcohol from family and friends. Seven percent of youth report they obtained alcohol from retailers who failed to check for identification (Teenage Research Unlimited, Omnibus 2003). (5) Data from the National Academy of Sciences/Institute of Medicine, the Federal Trade Commission and the American Medical Association show that most youth who drink obtain alcohol primarily through non-commercial sources, such as family and friends. (6) In 2000, an estimated $71 million of federally appropriated funding was dedicated to the prevention of underage drinking. Many Federal agencies have program activities that include the prevention of underage drinking, but for which agency officials have not isolated funding specific to alcohol. For example, $769 million in funding was used for activities that addressed the prevention of alcohol and other drug use that targeted either youth or both youth and the broader community. (GAO-01-503, Underage Drinking, Information on Federal Funds Targeted at Prevention, 2001.) (7) The Department of Health and Human Services/Substance Abuse and Mental Health Services Administration stated that programs that have not been rigorously evaluated cannot be assumed to be effective. Programs that are funded by the Federal Government should have evidence of effectiveness (A Comprehensive Plan for Preventing and Reducing Underage Drinking, 2006). (8) Based upon evidence of effectiveness, existing Federal funding should be reallocated to programs and grants to States with effective measures to prevent and reduce underage drinking. SEC. 3. ADMINISTRATION; CONSULTATION. (a) Administration.--This Act shall be carried out by the Secretary of Health and Human Services on behalf of the Interagency Coordinating Committee on the Prevention of Underage Drinking (referred to in this Act as ``ICCPUD''). (b) Consultation With Nonfederal Entities.--In carrying out this Act, the Secretary shall consult with States, public and private entities, including colleges and universities; public health and consumer organizations; and the beverage alcohol industry. SEC. 4. EVALUATION OF FEDERAL UNDERAGE DRINKING PROGRAMS. (a) In General.--The Secretary shall in accordance with subsection (b) evaluate programs that are carried out in whole or in part with Federal funds and are intended to prevent and reduce the consumption of beverage alcohol by minors (referred to in this Act as ``underage drinking''). (b) Certain Requirements.--In carrying out subsection (a), the Secretary shall-- (1) identify Federal underage drinking programs-- (A) that primarily make awards of grants, cooperative agreements, or contracts to States or local governments; and (B) that primarily make such awards to private entities; (2) determine the cost of each of the programs, with allocations specific to Federal, State, local, and private expenditures; and (3) evaluate all programs and require grantees to build the evaluation costs into grant proposals. (c) Certain Requirements.--With respect to evaluations under subsection (a): (1) The Secretary shall work jointly with the funded entity to develop evaluation criteria appropriate to each program. (2) The Secretary shall determine that all evaluations are properly completed in a timely fashion. (3) Programs that do not receive a score that demonstrates effectiveness will have to be modified or will not be eligible for future funding. (d) Report to Congress.--The Secretary shall complete the evaluations under subsection (a) and submit to the Congress a report summarizing the results of the evaluations. The report shall include the information pursuant to subsections (b) and (c) and recommendations for reallocating Federal funding for underage drinking prevention and reduction programs toward the incentive grant created in section 5 or to programs deemed to be effective and evidence-based. The list of evaluated and evidence-based programs should be made available online and should be evaluated on a revolving basis. SEC. 5. INCENTIVE GRANTS TO STATES REGARDING MEASURES TO PREVENT OR REDUCE UNDERAGE DRINKING. (a) In General.--The Secretary may make grants to eligible States for the purpose of carrying out activities to prevent, and reduce underage drinking by reallocating funding from grants and programs deemed ineffective in section 4. (b) Eligible States.--A State is an eligible State for purposes of this section if the State has implemented not fewer than five of the following ten policies with respect to underage drinking: (1) The State has demonstrated coordination among agencies, including public health, alcohol beverage control and law enforcement, to prevent and reduce underage drinking and abuse by providing prevention and treatment as well as enforcing laws regarding the illegal purchase, attempt to purchase, possession, consumption, furnishing, and provision of beverage alcohol to minors. (2) The appropriate agencies referred to in paragraph (1) have conducted a review to identify and catalog state and local underage drinking prevention and reduction programs online and have evaluated programs consistent with criteria pursuant to section 4. (3) The State has implemented a comprehensive plan to improve enforcement and adjudication of existing laws to prevent and reduce underage drinking and to report the results of these efforts. (4) The State has-- (A) penalties for adults who knowingly and illegally provide alcohol to minors in violation of State law; (B) penalties for minors who purchase, attempt to purchase, possess or consume beverage alcohol in violation of State law, including driver's license penalties; and (C) penalties that escalate with repeat offenses. (5) The State has monetary fines resulting from the imposition of such penalties outlined in paragraph (4) that are used to provide funding for programs to prevent and reduce underage drinking in the States in which the violation occurred. (6) The State requires parental notification for minors who seek to fraudulently acquire beverage alcohol in violation of State law. (7) The State publicizes its laws and penalties regarding underage drinking, including penalties for individuals who illegally provide or furnish beverage alcohol to minors in violation of State laws. (8) The State has established mechanisms for effective collaboration between licensed retailers, including retailers owned or operated by or on behalf of the State or its agency, and law enforcement authorities to detect and stop the use of false or fraudulent identification. (9) The State has established incentives for such retailers as defined in paragraph (8)-- (A) to regularly train employees who serve or sell alcohol; and (B) to utilize age verification in the serving and selling of alcohol. (10) The State has developed and implemented evidence-based programs designed to educate parents about underage drinking and how to address the issue. SEC. 6. FUNDING. (a) Certain Transfers.--With respect to Federal underage drinking prevention and reduction programs that are determined by the Secretary through evaluations under section 4 to be ineffective, the Secretary may terminate such programs and transfer the Federal amounts involved for use for-- (1) programs determined under the evaluations to be effective in preventing or reducing underage drinking; (2) evidence-based programs to prevent or reduce underage drinking; and (3) incentive grants to states regarding measures to prevent or reduce underage drinking. (b) State Funding Levels.--Once the Secretary has submitted the report under section 4 to Congress, States will retain and manage their Federal funds and will have an initial two-year grace period to either modify or sunset ineffective programs and reallocate Federal resources. Thereafter, unused funds must be obligated before the fiscal year ends in order to be carried over to the next fiscal year. Once obligated, the funds can be used within a four-year period. SEC. 7. IMPROVED COLLECTION AND REPORTING. (a) In General.-- (1) Reporting in consistent manner.--ICCPUD, as part of its ongoing efforts to improve Federal data collection, shall require that federally funded surveys collect and report data in a consistent manner that allows users of this data to compare the results of these surveys. In these efforts, the surveys shall report demographic categories that represent the cohort of those under the age of 21. In order to facilitate more useful data analysis, the following age categories shall be established, where cohorts are available and used in those activities described in subsection (b): (A) Early teens--persons 12 to 14 years of age. (B) Teens--persons 15 to 17 years of age. (C) Underaged adults--persons 18 to 20 years of age. (2) Additional requirements.--With respect to the age groupings under paragraph (1): (A) The grouping shall not preclude the use of other age groups or the use of a comprehensive age grouping of people between the ages of 12 to 20. (B) The groups shall include gender, ethnic and other specific demographic data. (b) Use of Certain National Surveys.--Activities under subsection (a) shall include the collection and reporting of relevant data from-- (1) national surveys funded by the Secretary, including but not limited to Monitoring the Future Survey and National Survey on Drug Use and Health; and (2) State data available from research conducted or supported by the States, which wholly or partially use Federal funds. SEC. 8. DEFINITIONS. For purposes of this Act: (1) The term ``Secretary'' means the Secretary of Health and Human Services. (2) The term ``underage drinking'' means the illegal consumption, purchase, attempt to purchase or possession of beverage alcohol in violation of State law. (3) The term ``underage drinking programs'' means programs referred to in section 4(a). (4) The term ``minors,'' with respect to a State, means individuals who are under the age designated in the law of the State as the minimum age for legally purchasing, attempting to purchase, consuming or possessing beverage alcohol as defined under State law. (5) The term ``beverage alcohol industry'' means producers, bottlers, importers, marketers, wholesalers, and retailers, including control state jurisdictions, of beer, wine and distilled spirits. (6) Incentive grant means funding reallocated from programs deemed to be ineffective.

Underage Drinking Prevention Act of 2006 - Requires the Secretary of Health and Human Services to evaluate federal programs intended to prevent and reduce the consumption of beverage alcohol by minors. Directs that a program not receiving a score that demonstrates effectiveness must be modified to be eligible for future funding. Allows the Secretary to make grants to states for activities to prevent and reduce underage drinking by reallocating funds from ineffective grants and programs. Sets forth eligibility requirements, including that the state has: (1) demonstrated coordination among agencies to prevent and reduce underage drinking and abuse; (2) implemented a comprehensive plan to improve enforcement and adjudication of existing underage drinking laws; and (3) penalties for specified underage drinking offenses that escalate with repeat offenses. Allows the Secretary to terminate ineffective programs and transfer the federal amounts involved for use for: (1) programs determined to be effective; (2) evidence-based programs; and (3) incentive grants for state measures. Requires the Interagency Coordinating Committee on the Prevention of Underage Drinking to require that federally funded surveys collect and report data in a consistent manner that allows users to compare survey results. Sets forth age categories to be used in such surveys.

{"src": "billsum_train", "title": "To establish a Federal incentive grant program for States that implement effective measures to prevent and reduce underage consumption of beverage alcohol, to evaluate the effectiveness and efficiency of anti-underage drinking programs funded with Federal dollars, and to provide appropriate reporting of Federal underage drinking data."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Malaria Control Act of 2000''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The World Health Organization estimates that there are 300,000,000 to 500,000,000 cases of malaria each year. (2) According to the World Health Organization, more than 1,000,000 persons are estimated to die due to malaria each year. (3) According to the National Institutes of Health, about 40 percent of the world's population is at risk of becoming infected. (4) About half of those who die each year from malaria are children under 9 years of age. (5) Malaria kills one child each 30 seconds. (6) Although malaria is a public health problem in more than 90 countries, more than 90 percent of all malaria cases are in sub-Saharan Africa. (7) In addition to Africa, large areas of Central and South America, Haiti and the Dominican Republic, the Indian subcontinent, Southeast Asia, and the Middle East are high risk malaria areas. (8) These high risk areas represent many of the world's poorest nations. (9) Malaria is particularly dangerous during pregnancy. The disease causes severe anemia and is a major factor contributing to maternal deaths in malaria endemic regions. (10) Pregnant mothers who are HIV-positive and have malaria are more likely to pass on HIV to their children. (11) ``Airport malaria'', the importing of malaria by international aircraft and other conveyances, is becoming more common as is the spread of malaria by international travelers; the United Kingdom reported 2,364 cases of malaria in 1997, all of them imported by travelers. (12) In the United States, of the 1,400 cases of malaria reported to the Centers for Disease Control and Prevention in 1998, the vast majority were imported. (13) Between 1970 and 1997, the malaria infection rate in the United States increased by about 40 percent. (14) Malaria is caused by a single-cell parasite that is spread to humans by mosquitoes. (15) No vaccine is available and treatment is hampered by development of drug-resistant parasites and insecticide- resistant mosquitoes. SEC. 3. ASSISTANCE FOR MALARIA PREVENTION, TREATMENT, CONTROL, AND ELIMINATION. (a) Findings.--Congress recognizes the growing international problem of malaria and the impact of this epidemic on many nations, particularly in the nations of sub-Saharan Africa. Congress further recognizes the negative interaction among the epidemics of malaria, HIV and tuberculosis in many nations, particularly in the nations of sub- Saharan Africa. Congress directs the Administrator of the United States Agency for International Development to undertake activities designed to control malaria in recipient countries by-- (1) coordinating with appropriate Federal officials and appropriate organizations to develop and implement, in partnership with recipient nations, a comprehensive malaria prevention and control program; and (2) coordinating, consistent with clause (i), malaria prevention and control activities with efforts by recipient nations to prevent and control HIV and tuberculosis. (b) Authorization of Appropriations.--There is authorized to be appropriated to the President $50,000,000 for each of the fiscal years 2001 and 2002 to carry out this section. SEC. 4. COORDINATION AND CONSULTATION. (a) In General.--In providing the assistance and carrying out the activities provided for under this Act, the Administrator of the United States Agency for International Development should work in coordination with appropriate Federal officials. (b) Purpose.--The purpose of such interagency coordination and consultation is to help ensure that the financial assistance provided by the United States is utilized in a manner that advances, to the greatest extent possible, the public health of recipient countries. (c) Provision of Information to Recipient Countries.--The Administrator of the United States Agency for International Development shall take appropriate steps to provide recipient countries with information concerning the development of vaccines and therapeutic agents for, HIV, malaria, and tuberculosis. (d) Information Specified.--The Administrator of the United States Agency for International Development should provide to appropriate officials in recipient countries information concerning participation in, and the results of, clinical trials conducted for vaccines and therapeutic agents for HIV, malaria, and tuberculosis. (e) Consideration of Interaction Among Epidemics.--The Administrator of the United States Agency for International Development should consider the interaction among the epidemics of HIV, malaria, and tuberculosis as the United States provides financial and technical assistance to recipient countries under this Act.

Directs the Administrator of the U.S. Agency for International Development to take appropriate steps to provide recipient countries with information concerning: (1) the development of vaccines and therapeutic agents for HIV, malaria, and tuberculosis; and (2) participation in, and the results of, clinical trials conducted for such vaccines and therapeutic agents.

{"src": "billsum_train", "title": "International Malaria Control Act of 2000"}

SECTION 1. PROMOTING DEVELOPMENT OF SOUTHWEST WATERFRONT. (a) Updated Description of Property.--Section 1 of the Act entitled ``An Act to authorize the Commissioners of the District of Columbia on behalf of the United States to transfer from the United States to the District of Columbia Redevelopment Land Agency title to certain real property in said District'', approved September 8, 1960 (sec. 6-321.01, D.C. Official Code), is amended by striking all that follows the colon and inserting the following: ``The property located within the bounds of the site the legal description of which is the Southwest Waterfront Project Site (dated October 8, 2009) under Exhibit A of the document titled `Intent to Clarify the Legal Description in Furtherance of Land Disposition Agreement', as filed with the Recorder of Deeds on October 27, 2009 as Instrument Number 2009116776.''. (b) Clarification of Method of Transfer.--Section 1 of such Act (sec. 6-321.01, D.C. Official Code) is amended by inserting ``by one or more quitclaim deeds'' immediately after ``to transfer''. (c) Clarification of Relation to Master Development Plan.--Section 2 of such Act (sec. 6-321.02, D.C. Official Code) is amended-- (1) by striking ``an urban renewal plan'' and inserting ``a master plan''; and (2) by striking ``such urban renewal plan'' and inserting ``such master plan''. (d) Expanding Permitted Dispositions and Uses of Certain Property.--Section 4 of such Act (sec. 6-321.04, D.C. Official Code) is amended to read as follows: ``Sec. 4. The Agency is hereby authorized, in accordance with the District of Columbia Redevelopment Act of 1945 and section 1, to lease or sell to a redevelopment company or other lessee or purchaser such real property as may be transferred to the Agency under the authority of this Act.''. (e) Repeal of Reversion.-- (1) Repeal.--Section 5 of such Act (sec. 6-321.05, D.C. Official Code) is repealed. (2) Conforming amendment.--Section 3 of such Act (sec. 6- 321.03, D.C. Official Code) is amended by striking ``Subject to the provisions of section 5 of this Act, the'' and inserting ``The''. (f) Clarification of Role of District of Columbia as Successor in Interest.--Section 8 of such Act (sec. 6-321.08, D.C. Official Code) is amended by striking ``the terms'' and all that follows and inserting ``any reference to the `Agency' shall be deemed to be a reference to the District of Columbia as the successor in interest to the Agency.''. SEC. 2. CLARIFICATION OF PERMITTED ACTIVITIES AT MUNICIPAL FISH MARKET. The Act entitled ``An Act Authorizing the Commissioners of the District of Columbia to make regulations respecting the rights and privileges of the fish wharf'', approved March 19, 1906 (sec. 37- 205.01, D.C. Official Code), is amended-- (1) by striking ``operate as a municipal fish wharf and market'' and inserting ``operate as a market and for such other uses as the Mayor determines to be appropriate''; (2) by striking ``, and said wharf shall constitute the sole wharf for the landing of fish and oysters for sale in the District of Columbia''; and (3) by striking ``operation of said municipal fish wharf and market'' and inserting ``operation of said market''. SEC. 3. MAINE LOBSTERMAN MEMORIAL. (a) In General.--Except as provided in subsection (b), nothing in this Act or any amendment made by this Act authorizes the removal, destruction, or obstruction of the Maine Lobsterman Memorial which is located near Maine Avenue in the District of Columbia as of the date of enactment of this Act. (b) Movement of Memorial.--The Maine Lobsterman Memorial referred to in subsection (a) may be moved from its location as of the date of the enactment of this Act to another location on the Southwest waterfront near Maine Avenue in the District of Columbia if at that location there would be a clear, unimpeded pedestrian pathway and line of sight from the Memorial to the water. SEC. 4. PROJECT FOR NAVIGATION, WASHINGTON CHANNEL, DISTRICT OF COLUMBIA. (a) In General.--The portion of the project for navigation of the Corps of Engineers at Potomac River, Washington Channel, District of Columbia, as authorized by the Act of August 30, 1935 (chapter 831; 49 Stat. 1028), and described in subsection (b), is deauthorized. (b) Description of Project.--The deauthorized portion of the project for navigation is as follows: Beginning at Washington Harbor Channel Geometry Centerline of the 400-foot-wide main navigational ship channel, Centerline Station No. 103+73.12, coordinates North 441948.20, East 1303969.30, as stated and depicted on the Condition Survey Anacostia, Virginia, Washington and Magazine Bar Shoal Channels, Washington, D.C., Sheet 6 of 6, prepared by the United States Army Corps of Engineers, Baltimore district, July 2007; thence departing the aforementioned centerline traveling the following courses and distances: N. 40 degrees 10 minutes 45 seconds E., 200.00 feet to a point, on the outline of said 400-foot-wide channel thence binding on said outline the following 3 courses and distances: S. 49 degrees 49 minutes 15 seconds E., 1,507.86 feet to a point, thence; S. 29 degrees 44 minutes 42 seconds E., 2,083.17 feet to a point, thence; S. 11 degrees 27 minutes 04 seconds E., 363.00 feet to a point, thence; S. 78 degrees 32 minutes 56 seconds W., 200.00 feet to a point binding on the centerline of the 400-foot-wide main navigational channel at computed Centerline Station No. 65+54.31, coordinates North 438923.9874, East 1306159.9738, thence; continuing with the aforementioned centerline the following courses and distances: N. 11 degrees 27 minutes 04 seconds W., 330.80 feet to a point, Centerline Station No. 68+85.10, thence; N. 29 degrees 44 minutes 42 seconds W., 2,015.56 feet to a point, Centerline Station No. 89+00.67, thence; N. 49 degrees 49 minutes 15 seconds W., 1,472.26 feet to the point of beginning, the area in total containing a computed area of 777,284 square feet or 17.84399 acres of riparian water way. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Amends the District of Columbia Official Code to revise certain specifications for the authorized transfer by the District Council, on behalf of the United States, to the District Redevelopment Land Agency of all federal right, title, and interest in the Southwest Waterfront Project Site. Authorizes such transfer by one or more quitclaim deeds. Authorizes the Agency to lease or sell the Site to a redevelopment company or other lessee or purchaser. Repeals the U.S. reversionary interest in such property. Amends the Code with respect to the municipal fish wharf and market in Southwest D.C. to remove its exclusive character as a fish wharf and market and make it simply a market. Repeals its designation as the sole wharf for the landing of fish and oysters for sale in the District of Columbia. Declares that nothing in this Act or any amendment made by it authorizes the removal, destruction, or obstruction of the Maine Lobsterman Memorial located near Maine Avenue in the District as of the enactment of this Act. Authorizes removal of the Memorial, however, from this location to another one on the Southwest waterfront of Maine Avenue if at the second location there would be a clear, unimpeded pedestrian pathway, and line of sight from the Memorial to the water. Deauthorizes a specified portion of the project for navigation of the Corps of Engineers at Potomac River, Washington Channel, District of Columbia.

{"src": "billsum_train", "title": "To promote the development of the Southwest waterfront in the District of Columbia, and for other purposes."}

SECTION 1. TASK FORCE ON BASE CLOSURE REFORM. (a) Establishment.--There is hereby established a commission to be known as the ``Task Force on Base Closure Reform'' (in this Act referred to as the ``Task Force''). (b) Purpose.--The purpose of the Task Force is to review the base closure process (including the recommendation and approval of installations for closure and the closure of installations) under the 1990 base closure law in order to recommend improvements, and potential alternatives, to the base closure process under that law. SEC. 2. MEMBERSHIP. (a) Membership.--(1) The Task Force shall be composed of 10 members, appointed from among individuals described in paragraph (2) as follows: (A) Three members shall be appointed by the Majority Leader of the Senate. (B) Two members shall be appointed by the Minority Leader of the Senate. (C) Three members shall be appointed by the Speaker of the House of Representatives. (D) Two members shall be appointed by the Minority Leader of the House of Representatives. (2) Members of the Task Force shall be appointed from among retired members of the Armed Forces, or other private United States citizens, who have one or more of the following qualifications: (A) Past membership on a commission established under the 1990 base closure law or under title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note). (B) Past service on the staff of a commission referred to in subparagraph (A). (C) Experience with military force structure planning and strategic planning. (D) Financial management experience. (E) Past membership in the legislative branch or service on the staff of the legislative branch. (b) Appointment.--(1) All members of the Task Force shall be appointed not later than 45 days after the date of enactment of this Act. (2)(A) Members of the Task Force shall be appointed for the life of the Task Force. (B) A vacancy in the membership of the Task Force shall not affect the powers of the Task Force, but shall be filled in the same manner as the original appointment. (c) Chairman.--The members of the Task Force shall choose one of the members to serve as chairman of the Task Force. SEC. 3. DUTIES. (a) In General.--The Task Force shall-- (1) carry out a review of the base closure process under the 1990 base closure law in accordance with subsection (b); (2) carry out an assessment of the impact of the number of base closure rounds on the base closure process under that law in accordance with subsection (c); (3) carry out a comparative analysis of various means of disposing of excess or surplus property in accordance with subsection (d); and (4) make recommendations in accordance with subsection (e). (b) Review.--In carrying out a review of the base closure process under subsection (a)(1), the Task Force shall-- (1) review the activities, after action reports, and recommendations of each commission established under the 1990 base closure law in the 1991, 1993, and 1995 base closure rounds under that law; (2) review the activities and after action reports of the Department of Defense and the military departments with respect to each such base closure round under that law, which shall include an assessment of the compliance of the military departments with the provisions of that law in each such round; and (3) assess the effectiveness of the provisions of that law in providing guidance to each such commission, the Department of Defense, and the military departments with respect to subsequent closures of military installations. (c) Assessment.--In carrying out an assessment of the impact of the number of base closure rounds on the base closure process under subsection (a)(2), the Task Force shall-- (1) review the activities of the Department of Defense and the military departments in preparing for and carrying out the closure of installations approved for closure in each base closure round under the 1990 base closure law, including-- (A) the capacity of the Department of Defense and the military departments to process the data required to make recommendations with respect to the closure of installations in each such round; and (B) the effectiveness of the activities undertaken by the Department of Defense and the military departments to dispose of property and equipment at such installations upon approval of closure; and (2) assess the impact of the number of installations recommended for closure in each such round on-- (A) the accuracy of data provided by the Secretary of Defense to the commission established under that law in such round; (B) the capacity of such commission to process such data; and (C) the ability of such commission to consider fully the concerns of the communities likely to be effected by the closure of the installations recommended for closure. (d) Comparative Analysis.--In carrying out a comparative analysis under subsection (a)(3), the Task Force shall-- (1) compare the law and experience of the United States in disposing of surplus and excess property with the law and experience of similar nations in disposing of such property; and (2) compare the law (including any regulations, policies, and directives) of the United States relating to the closure of military installations with the law of similar nations relating to the closure of such installations. (e) Recommendations.--In making recommendations under subsection (a)(4), the Task Force shall-- (1) recommend such modifications to the 1990 base closure law as the Task Force considers appropriate in light of its activities under this section; (2) compare the merits of requiring one additional round of base closures under that law with the merits of requiring more than one additional round of base closures under that law; and (3) recommend any alternative methods of eliminating excess capacity in the military installations inside the United States that the Task Force considers appropriate in light of its activities under this section. SEC. 4. REPORT. (a) Report.--Not later than March 15, 1999, the Task Force shall submit to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives a report on its activities under this Act. (b) Elements.--The report shall include the results of the activities of the Task Force under section 3, including the recommendations required by subsection (e) of that section. SEC. 5. TASK FORCE MATTERS. (a) Meetings.--(1) The Task Force shall hold its first meeting not later than 30 days after the date on which all members have been appointed. (2) The Task Force shall meet upon the call of the chairman. (3) A majority of the members of the Task Force shall constitute a quorum, but a lesser number may hold meetings. (b) Authority of Individuals To Act for Task Force.--Any member or agent of the Task Force may, if authorized by the Task Force, take any action which the Task Force is authorized to take under this section. (c) Hearings.--The Task Force may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Task Force considers advisable to carry out its duties. (d) Availability of Government Information.--The Task Force may secure directly from the Department of Defense and any other department or agency of the Federal Government such information as the Task Force considers necessary to carry out its duties. Upon the request of the chairman of the Task Force, the head of a department or agency shall furnish the requested information expeditiously to the Task Force. (e) Postal Services.--The Task Force may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. SEC. 6. TASK FORCE PERSONNEL MATTERS. (a) Pay and Expenses of Members.--(1) Each member of the Task Force who is not an employee of the Government shall be paid at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in performing the duties of the Task Force. (2) Members and personnel of the Task Force may travel on aircraft, vehicles, or other conveyances of the Armed Forces when travel is necessary in the performance of a duty of the Task Force except when the cost of commercial transportation is less expensive. (3) The members of the Task Force may 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 Task Force. (4)(A) A member of the Task Force who is an annuitant otherwise covered by section 8344 or 8468 of title 5, United States Code, shall not by reason of membership on the Task Force be subject to the provisions of such section with respect to such Task Force. (B) A member of the Task Force who is a member or former member of a uniformed service shall not be subject to the provisions of subsections (b) and (c) of section 5532 of such title with respect to membership on the Task Force. (b) Staff and Administrative Support.--(1) The chairman of the Task Force may, without regard to civil service laws and regulations, appoint and terminate an executive director and up to three additional staff members as necessary to enable the Task Force to perform its duties. The chairman of the Task Force may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51, and subchapter III of chapter 53, of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay may not exceed the maximum rate of pay for grade GS-15 under the General Schedule. (2) Upon the request of the chairman of the Task Force, the head of any department or agency of the Federal Government may detail, without reimbursement, any personnel of the department or agency to the Task Force to assist in carrying out its duties. A detail of an employee shall be without interruption or loss of civil service status or privilege. SEC. 7. SUPPORT OF TASK FORCE. (a) Temporary Services.--The chairman of the Task Force may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of such title. (b) Department of Defense Support.--The Secretary of Defense shall furnish to the Task Force such administrative and support services as may be requested by the chairman of the Task Force. SEC. 8. TERMINATION. The Task Force shall terminate 30 days after the date on which it submits the report required by section 4. SEC. 9. FUNDING. Upon the request of the chairman of the Task Force, the Secretary of Defense shall make available to the Task Force, out of funds appropriated for the Department of Defense, such amounts as the Task Force may require to carry out its duties. SEC. 10. DEFINITION. In this Act, the term ``1990 base closure law'' means the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).

Establishes the Task Force on Base Closure Reform to review the military base closure process under the Defense Base Closure and Realignment Act of 1990 in order to recommend improvements and potential alternatives to such process. Requires the Task Force to report to the Senate Committee on Armed Services and the House Committee on National Security on its activities. Terminates the Task Force 30 days after such report. Provides Task Force funding from funds appropriated to the Department of Defense.

{"src": "billsum_train", "title": "A bill to establish a task force to assess activities in previous base closure rounds and to recommend improvements and alternatives to additional base closure rounds."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Broadband Access Equality Act of 2009''. SEC. 2. CREDIT FOR PROPERTY USED TO FURNISH BROADBAND SERVICES IN UNDERSERVED AND RURAL AREAS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by inserting after section 45Q the following new section: ``SEC. 45R. PROPERTY USED TO FURNISH BROADBAND SERVICES IN UNDERSERVED AND RURAL AREAS. ``(a) In General.--For purposes of section 38, the broadband services credit determined under this section is an amount equal to the applicable percentage of the cost of each qualified broadband property placed in service during the taxable year. ``(b) Applicable Percentage.-- ``(1) In general.--For purposes of subsection (a), the applicable percentage is-- ``(A) 50 percent for qualified broadband property for underserved and rural areas in which, on the date of the enactment of this section, not more than the greater of-- ``(i) 5 percent of the households, or ``(ii) 20 households, have broadband access, and ``(B) 30 percent for qualified broadband property for underserved and rural areas which, on such date, are not described in paragraph (1). ``(2) Increased percentage where high speed service provided.--The applicable percentage determined under paragraph (1) shall be increased by 10 percentage points for qualified broadband property providing transmission service at a speed which is not less than-- ``(A) except in the case of commercial mobile radio services, 50 megabits per second downstream and 20 megabits per second upstream, and ``(B) in the case of commercial mobile radio services, 10 megabits per second downstream and 2 megabits per second upstream. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified broadband property.--The term `qualified broadband property' means section 1245 property (as defined in section 1245(a)(3))-- ``(A) which is used to provide broadband services in underserved or rural areas to purchasers of such services, ``(B) which is-- ``(i) tangible property (to which section 168 applies), or ``(ii) computer software (as defined in section 197(e)(3)(B)) which is described in section 197(e)(3)(A) and to which section 167 applies, and ``(C) the original use of which commences with the taxpayer. Such term shall not include any property described in section 50(b). ``(2) Broadband.--The term `broadband' means an Internet Protocol-based transmission service (at a speed which is not less than 5 megabits per second downstream and 1 megabit per second upstream) that enables users to send and receive voice, video, data, graphics, or a combination, without regard to any transmission media or technology. ``(3) Underserved area.--The term `underserved area' means-- ``(A) any census tract that is located in-- ``(i) an empowerment zone or enterprise community designated under section 1391, or ``(ii) the District of Columbia Enterprise Zone established under section 1400, or ``(B) any census tract-- ``(i) the poverty level of which is at least 30 percent (based on the most recent census data), and ``(ii) the median family income of which does not exceed-- ``(I) in the case of a census tract located in a metropolitan statistical area, 70 percent of the greater of the metropolitan area median family income or the statewide median family income, and ``(II) in the case of a census tract located in a nonmetropolitan statistical area, 70 percent of the nonmetropolitan statewide median family income. ``(4) Rural area.--The term `rural area' means any census tract outside a metropolitan statistical area (as defined by the Office of Management and Budget). ``(5) Regulated entities.--The credit determined under subsection (a) may not be used to reduce a taxpayer's cost of service, but may be used to reduce rate base, provided that such reduction is restored not less rapidly than ratably. For purposes of determining ratable restorations to rate base, the period of time used in computing depreciation expense for purposes of reflecting operating results in the taxpayer's regulated books of account shall be used. ``(d) Recapture in Case of Dispositions, etc.--Under regulations prescribed by the Secretary-- ``(1) Early disposition.--If, before the close of the period to which section 50(a)(1) applies, qualified broadband property is disposed of or ceases to be used to provide broadband services to any underserved area, then the tax under this chapter for the taxable year in which such disposition or cessation occurs shall be increased by the recapture percentage (determined under the table contained in section 50(a)(1)(B)) of the aggregate credits allowed under subsection (a) for all prior taxable years. ``(2) Subsection not to apply in certain cases.--Rules similar to the rules of section 50(a)(4) shall apply for purposes of paragraph (1). ``(e) Other Rules To Apply.--Rules similar to the rules of paragraphs (3), (4), and (5) of section 179(d) shall apply for purposes of this section. ``(f) Basis Reduction.--Rules similar to the rules of sections 50(c) (other than paragraph (3)) and 1016(a)(19) shall apply for purposes of this section.''. (b) Credit To Be Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (34), by striking the period at the end of paragraph (35) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(36) the broadband services credit determined under section 45R(a).''. (c) Clerical Amendment.--The table of sections subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45R. Property used to furnish broadband services in underserved and rural areas.'' (d) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of enactment of this Act in taxable years ending after such date.

Broadband Access Equality Act of 2009 - Amends the Internal Revenue Code to allow a general business tax credit for broadband property installed in underserved and rural areas. Allow a 50% credit for the cost of such property installed in areas in which not more than the greater of 5% of households or 20 households have broadband access and a 30% credit for all other underserved and rural areas. Increases by 10% the rate of such credit for high speed broadband service.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide a credit against income tax for businesses furnishing broadband services to underserved and rural areas."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Good IRA Rollover Act of 2007''. SEC. 2. TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT ACCOUNTS FOR CHARITABLE PURPOSES. (a) In General.--Paragraph (8) of section 408(d) of the Internal Revenue Code of 1986 (relating to tax treatment of distributions) is amended to read as follows: ``(8) Distributions for charitable purposes.-- ``(A) In general.--No amount shall be includible in gross income by reason of a qualified charitable distribution. ``(B) Qualified charitable distribution.--For purposes of this paragraph, the term `qualified charitable distribution' means any distribution from an individual retirement account-- ``(i) which is made directly by the trustee-- ``(I) to an organization described in section 170(c), or ``(II) to a split-interest entity, and ``(ii) which is made on or after the date that the individual for whose benefit the account is maintained has attained-- ``(I) in the case of any distribution described in clause (i)(I), age 70\1/2\, and ``(II) in the case of any distribution described in clause (i)(II), age 59\1/2\. A distribution shall be treated as a qualified charitable distribution only to the extent that the distribution would be includible in gross income without regard to subparagraph (A) and, in the case of a distribution to a split-interest entity, only if no person holds an income interest in the amounts in the split-interest entity attributable to such distribution other than one or more of the following: the individual for whose benefit such account is maintained, the spouse of such individual, or any organization described in section 170(c). ``(C) Contributions must be otherwise deductible.-- For purposes of this paragraph-- ``(i) Direct contributions.--A distribution to an organization described in section 170(c) shall be treated as a qualified charitable distribution only if a deduction for the entire distribution would be allowable under section 170 (determined without regard to subsection (b) thereof and this paragraph). ``(ii) Split-interest gifts.--A distribution to a split-interest entity shall be treated as a qualified charitable distribution only if a deduction for the entire value of the interest in the distribution for the use of an organization described in section 170(c) would be allowable under section 170 (determined without regard to subsection (b) thereof and this paragraph). ``(D) Application of section 72.--Notwithstanding section 72, in determining the extent to which a distribution is a qualified charitable distribution, the entire amount of the distribution shall be treated as includible in gross income without regard to subparagraph (A) to the extent that such amount does not exceed the aggregate amount which would be so includible if all amounts were distributed from all individual retirement accounts otherwise taken into account in determining the inclusion on such distribution under section 72. Proper adjustments shall be made in applying section 72 to other distributions in such taxable year and subsequent taxable years. ``(E) Special rules for split-interest entities.-- ``(i) Charitable remainder trusts.-- Notwithstanding section 664(b), distributions made from a trust described in subparagraph (G)(i) shall be treated as ordinary income in the hands of the beneficiary to whom is paid the annuity described in section 664(d)(1)(A) or the payment described in section 664(d)(2)(A). ``(ii) Pooled income funds.--No amount shall be includible in the gross income of a pooled income fund (as defined in subparagraph (G)(ii)) by reason of a qualified charitable distribution to such fund, and all distributions from the fund which are attributable to qualified charitable distributions shall be treated as ordinary income to the beneficiary. ``(iii) Charitable gift annuities.-- Qualified charitable distributions made for a charitable gift annuity shall not be treated as an investment in the contract. ``(F) Denial of deduction.--Qualified charitable distributions shall not be taken into account in determining the deduction under section 170. ``(G) Split-interest entity defined.--For purposes of this paragraph, the term `split-interest entity' means-- ``(i) a charitable remainder annuity trust or a charitable remainder unitrust (as such terms are defined in section 664(d)) which must be funded exclusively by qualified charitable distributions, ``(ii) a pooled income fund (as defined in section 642(c)(5)), but only if the fund accounts separately for amounts attributable to qualified charitable distributions, and ``(iii) a charitable gift annuity (as defined in section 501(m)(5)).''. (b) Effective Date.--The amendment made by this section shall apply to distributions made in taxable years beginning after December 31, 2006.

Public Good IRA Rollover Act of 2007 - Amends the Internal Revenue Code to exclude from gross income distributions from individual retirement accounts for certain charitable purposes.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to expand tax-free distributions from individual retirement accounts for charitable purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gulf Coast Small Business Recovery Act''. SEC. 2. PRIORITY FOR SMALL BUSINESS CONCERNS IN PROCUREMENT RELATED TO HURRICANE KATRINA AND HURRICANE RITA. (a) Priority for Gulf Hurricane Disaster-Affected Businesses.-- Notwithstanding any other provision of law, for any contract for the procurement of goods or services related to any damage caused as a result of Hurricane Katrina or Hurricane Rita or any reconstruction related to such damage, the head of a Federal department or agency shall give priority to a business concern that as of August 28, 2005, had a significant presence in a Gulf hurricane disaster-affected area. (b) Contract Requirement.-- (1) Small business participation.--For the procurement of goods and services related to any damage caused as a result of Hurricane Katrina or Hurricane Rita or any reconstruction related to such damage, the head of a Federal department or agency shall award not less than 30 percent of amounts expended for prime contracts and not less than 40 percent of amounts expended for subcontracts on procurements to small business concerns that as of August 28, 2005, had a significant presence in a Gulf hurricane disaster-affected area. (2) Opportunities for small businesses.--In carrying out paragraph (1), the head of a Federal department or agency shall provide the maximum practicable opportunity for small businesses participation. (3) Compliance with subcontracting goals.--In carrying out paragraph (1), the head of a Federal department or agency shall ensure that a contract complies with the subcontracting goals for small business concerns under the Small Business Act (15 U.S.C. 631 et seq.) and Federal Acquisition Regulations. (4) Report.--Not later than 2 years after the date of the enactment of this Act, the Administrator of the Small Business Administration shall submit to Congress a report describing the opportunities provided for small business concerns under this subsection. (5) Termination.--This subsection shall terminate on the date that is one day after the date on which all Federal Disaster Declaration notices for Gulf hurricane disaster- affected areas are lifted. SEC. 3. TREATMENT OF GULF HURRICANE DISASTER-AFFECTED SMALL BUSINESS CONCERNS FOR PURPOSES OF HUBZONE PROGRAM. (a) Treatment of Gulf Hurricane Disaster-Affected Small Business Concerns.--Notwithstanding any other provision of law, a Gulf hurricane disaster-affected small business concern shall be treated as if it were located in a HUBZone for purposes of the program under section 31 of the Small Business Act (15 U.S.C. 657a). (b) Applicability.--Subsection (a) shall apply with respect to a Gulf hurricane disaster-affected small business concern during the period for which a Federal Disaster Declaration applies for the county in which such small business concern was located as of August 28, 2005. SEC. 4. PROHIBITION ON PERMANENT RELOCATION OF FEDERAL FACILITIES FROM GULF HURRICANE DISASTER-AFFECTED AREAS. (a) Prohibition.--Notwithstanding any other provision of law, no facility of the Federal Government shall be permanently relocated from a location in a Gulf hurricane disaster-affected area to a location outside that area. (b) Termination.--Subsection (a) shall terminate upon the expiration of the two-year period that begins on the date of the enactment of this Act. (c) Reports Required.--In the case of a facility of a department of agency of the Federal Government that is temporarily relocated for a period of longer than 6 months, the head of that department or agency shall submit to the House Committee on Government Reform and the Senate Committee on Homeland Security and Government Affairs, the following reports: (1) A report to be submitted not later than 6 months after the date on which this section takes effect on the status of the temporary relocation of the facility from a location in a Gulf hurricane disaster-affected area to a location outside that area. (2) Additional reports on such status to be submitted every 6 months thereafter for the duration of the period during which such facility is temporarily relocated. SEC. 5. DEFINITIONS. (a) Gulf Hurricane Disaster-Affected Small Business Concern.--For purposes of this Act, the term ``Gulf hurricane disaster-affected small business concern'' means a small business concern that as of August 28, 2005, was located in a Gulf hurricane-affected area. (b) Gulf Hurricane Disaster.--For purposes of this Act, the term ``Gulf hurricane disaster'' means an event caused by Hurricane Katrina or Hurricane Rita that is declared to be a major disaster by the President in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170). (c) Gulf Hurricane Disaster-Affected Area.--For purposes of this Act, the term ``Gulf hurricane disaster-affected area'' means a county or parish in the State of Louisiana, Mississippi, Alabama, or Texas that has been designated by the Federal Emergency Management Agency for disaster assistance for individuals and households by reason of Hurricane Katrina or Hurricane Rita. (d) Small Business Concern.--For purposes of this Act, the term ``small business concern'' has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632). SEC. 6. EFFECTIVE DATE. This Act shall take effect on the date that is 10 days after the date of the enactment of this Act.

Gulf Coast Small Business Recovery Act - Requires, for any contract for the procurement of goods or services related to any damage caused as a result of Hurricane Katrina or Rita, or any reconstruction related to such damage, a federal agency to give priority to a business that as of August 28, 2005, had a significant presence in a Gulf hurricane disaster-affected area. Requires an agency to award not less than 30 percent of amounts expended for prime contracts, and not less than 40 percent of amounts expended for subcontracts, on procurements to small businesses that, as of such date, had such a presence. Requires an agency to provide the maximum practicable opportunity for small business participation in all such contracts and subcontracts. Requires a Gulf hurricane disaster-affected small business to be treated as if it were located in a HUBZone (heavily underutilized business zone) for purposes of favorable loan status under the Small Business Act. Prohibits, until two years after the enactment of this Act, any federal government facility from being permanently relocated from a location in a Gulf hurricane disaster-affected area to a location outside that area.

{"src": "billsum_train", "title": "To provide for priority in Federal contracting for businesses in areas adversely affected by Hurricane Katrina and Hurricane Rita and treatment of small business concerns adversely affected by Hurricane Katrina and Hurricane Rita as HUBZone small business concerns, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Franchise Data and Public Information Act''. SEC. 2. FINDINGS AND PURPOSE. (a) The Congress makes the following findings: (1) Franchise business relationships represent a large and growing segment of the Nation's retail and service businesses and are replacing more traditional forms of small business ownership in the American economy. (2) Despite the growing importance of franchising in the American marketplace, there is little objective or reliable statistical information available to the public on the number, ownership, and operation of franchise businesses; and broad- based, objective data or investigations of franchise failures are virtually non-existent. (3) While there is a void of reliable statistics, a large amount of statistical information is routinely provided in articles and talks about franchising and in promotional material for franchise opportunities that seek to represent franchises as uniformly successful and virtually risk free. (4) Inaccurate or misleading statistical information is routinely attributed to Federal Government agencies and reports, and data on franchise business compiled prior to 1987 by the United States Department of Commerce continue to be widely cited, misrepresented or misused. (5) Franchisees may suffer substantial losses from investment in a franchise business without accurate or reliable information or with expectations based on false or misleading statistical information regarding the operation and success of franchise businesses. (b) It is the purpose of this Act to provide the public with comprehensive statistical information about franchising and the performance of franchise systems, to enhance the reliability of information made available to the public regarding franchise practices, and to assure that prospective investors have the information necessary to make an informed decision on whether to invest in a franchise business. SEC. 3. NATIONAL FILING AND DATA COLLECTION. (a) Filing of Franchise Disclosure Documents-- (1) All persons, partnerships or corporations engaged in selling or offering for sale any franchise, or any relationship which is represented either orally or in writing to be a franchise, whether within a state or in interstate commerce, shall file with the United States Department of Commerce (hereafter, the ``Commerce Department'') a copy of the franchise disclosure document or circular for such franchise; and (2) The disclosure document or circular to be filed under this subsection shall be: (A) the most recent version of such document or circular which incorporates information that is current as of the close of the franchisor's most recent fiscal year; and (B) the most restrictive version of such document or circular, and of the franchise agreement, provided by the franchisor to any prospective franchisee, in terms of the requirements imposed on franchisees and the limitations on the rights and remedies available to franchisees in the franchise agreement; (3) The disclosure document or circular described in paragraph (2) shall be filed annually at a time and in a manner set forth in regulation by the Commerce Department; (4) The Commerce Department shall make available to the Congress, the Federal Trade Commission and other Federal agencies, as requested, copies of any disclosure documents filed under this subsection, and shall establish procedures under which such documents may be viewed by the public; and (5) It shall be unlawful for a franchisor, subfranchisor or franchise broker to make any statement or reference in connection with any advertisement or disclosure document, or in any oral or written statement or other representation to a prospective franchisee, that a disclosure document has been filed with the Commerce Department, or to make any statement or representation that suggests or implies that the Commerce Department or an other Federal agency has in any way reviewed the content of the disclosure document, made any finding with regard to the content of such document, or has in any way passed upon the merits of, or given approval to, the franchise opportunity. (b) Data Collection and Publication-- (1) The Commerce Department shall, not later than two hundred and forty days after the date of enactment of this section, establish procedures for the compilation, analysis and publication of statistical information on franchise ownership and national franchising practices. For purposes of such procedures, the Commerce Department shall: (A) use as the principal source of statistical information on franchise ownership and practices the disclosure documents for franchise opportunities required to be filed annually under subsection (a); (B) establish categories of statistical information for annual data compilation and analysis, including but not limited to: total numbers of franchisors and franchise businesses, types of franchise businesses, number of foreign franchisors, annual growth in franchisors and franchise businesses, turnover in franchise ownership and numbers of franchise failures; (C) consult with Congress, the Federal Trade Commission, the North American Securities Administrators Association and other interested organizations in identifying additional categories of statistical information for purposes of data compilation and analysis that: (i) involve issues or information of potential interest to the public, or of specific concern to Federal and State regulatory agencies; and (ii) are obtainable from disclosure materials filed in accordance with subsection (a) and from other public sources of information; and (D) initiate periodic questionnaires of franchisors or franchisees to obtain statistical information to supplement information obtainable in disclosure documents filed under subsection (a), or information in connection with topics or categories of statistical information identified under paragraph (C) for which additional sources of information may be required, except that no information obtained from such questionnaires may be used in lieu of information otherwise obtainable in a disclosure document filed under subsection (a) of this section or in data available in the Business Census pursuant to section 4 of this Act. (2) The Commerce Department shall, not later than eighteen months after the date of enactment of this section, and then not less than annually thereafter, publish a report on the information and findings relating to franchise ownership and national franchising practices required to be complied under this subsection. Such report shall be transmitted to the appropriate Committees of the Congress and shall be made available to the public through the Superintendent of Documents. SEC. 4. CENSUS DATA ON FRANCHISE BUSINESSES. (a) The Bureau of the Census of the Department of Commerce (hereafter, the ``Bureau of the Census'') shall include in its Business Census for 1997, and in each such succeeding census, statistical information on the number, ownership and operation of franchise businesses. (b) The Bureau of the Census shall-- (1) consult with the Federal Trade Commission to establish criteria and procedures to identify franchise businesses to be included in the Business Census; and (2) consult with the Congress, the Federal Trade Commission and other interested organizations in establishing categories of statistical information to be collected in the Business Census relating to the number, ownership and operation of franchise businesses. (c) Not later than two hundred and eighty days after the date of enactment of this section, the Bureau of Census shall submit a report to the Congress which shall describe the most cost effective and accurate means to gather and present the statistical information required to be collected pursuant to this section and identify the categories of data relating to franchise businesses to be included in the Business Census. SEC. 5. RULES, REGULATIONS AND FEES. (a) The Secretary of Commerce (hereafter, the ``Secretary'') is authorized to make such rules and regulations as are necessary and appropriate to implement the provisions of this Act. Any rules, regulations, or orders issued pursuant to this authority may be established in such form or manner, may contain such classifications or differentiations, and may provide for such adjustments and reasonable exceptions as in the judgement of the Secretary are necessary or proper to effectuate the purposes of this Act, or to prevent circumvention or evasion of any rule, regulation, or order issued hereunder. (b) The Secretary is further authorized to collect a filing fee or other reasonable charge from any person, partnership or corporation subject to the filing requirement of section 3(a) of this Act for purposes of defraying costs incurred by the Commerce Department in connection with such filing. SEC. 6. DEFINITIONS. For purposes of this Act: (1) The term ``advertisement'' means a communication circulated generally by mail, or print media or electronic media, or otherwise disseminated generally to the public, in connection with an offer or sale of a franchise. (2) The term ``disclosure document'' means either the disclosure statement required by the Commission in Trade Regulation Rule 436 (16 CFR 436) as it may be amended, or an offering circular prepared in accordance with Uniform Franchise Offering Circular guidelines as adopted and amended by the North American Securities Administrators Association, Inc., or its successor. (3) The term ``franchise'' means-- (A) any continuing commercial relationship created by a contract or agreement, whether express or implied, oral or written, where-- (i) one person (the franchisor) grants to another person (the franchisee) the right to engage in the business of offering, selling or distributing goods or services, in which-- (a) the goods or services offered, sold or distributed by the franchisee are substantially associated with the trademark, service mark, trade name, logotype, advertising, or other commercial symbol owned or used by the franchisor; or (b) the franchisee must conform to quality standards established by the franchisor for the goods or services to be offered, sold or distributed, and operate under a name that includes, in whole or in part, the franchisor's trademark, service mark, trade name, logotype, advertising, or other commercial symbol; (ii) the franchisor-- (a) communicates to the franchisee knowledge, experience, expertise, knowhow, trade secrets or other non- patented information, regardless of whether it is proprietary or confidential; (b) provides significant assistance in the franchisee's method of operation; or (c) exercise significant controls over the franchisee's method of operation of the business; and (iii) the franchisee, as a condition for obtaining or commencing operation of a franchise, is required to make, or to commit to make, payment or other consideration to the franchisor, or an affiliate of the franchisor, other than payment for commercially reasonable quantities of goods for resale at a bona fide wholesale price. (B) a subfranchise; or (C) any commercial relationship entered into in reasonable reliance on representations, whether oral or written, that the criteria of subsection (A) will be met. (4) The term ``franchisee'' means a person to whom a franchise is granted. (5) The term ``franchisor'' means a person who grants a franchise or a subfranchise. (6) The term ``person'' means a natural person or any legal entity recognized in law. (7) The term ``subfranchise'' means a contract or an agreement by which a person pays a franchisor for the right to sell, offer for sale or arrange the sale of franchises, or to provide goods or services to franchisees.

Federal Franchise Data and Public Information Act - Requires all persons, partnerships, or corporations selling or offering for sale any franchise or any relationship represented either orally or in writing to be a franchise to file with the Department of Commerce a franchise disclosure document or circular which lists the most recent information with respect to the performance of the franchise. Requires the disclosure document to be filed annually with the Department, and requires the Department to make available to the Congress, the Federal Trade Commission, and other Federal agencies, as requested, copies of such document, as well as provide for public viewing. Requires the Department to establish procedures for the compilation, analysis, and publication of statistical information on franchise ownership and national franchising practices, using as its principal source of information the disclosure documents required under this Act. Requires the Department to take specified actions to ensure that such statistical information is accurate and updated at least annually. Requires the Department to report to the appropriate congressional committees on the information and findings relating to franchise ownership and national franchising practices required to be compiled under this Act. Directs the Department's Bureau of the Census to include in each Business Census beginning with 1997 statistical information on the number, ownership, and operation of franchise businesses.

{"src": "billsum_train", "title": "Federal Franchise Data and Public Information Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Afghan Women Empowerment Act of 2006''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Under the oppressive rule of the Taliban, the women of Afghanistan were denied the most basic human rights, including the rights to work, to an education, to health care, and to move freely. (2) Women who attempted to assert their rights under the Taliban regime were subjected to beatings and imprisonments, and many suffer from the long-term consequences of such oppression. (3) Women in Afghanistan have one of the highest mortality rates in the world, with an estimated 16,000 maternal deaths annually. (4) Despite efforts by the United States Government and the international community to improve the lives of women and girls in Afghanistan, many women and girls continue to lack access to basic services, including health care and education. Approximately 80 percent of Afghan women are illiterate. (5) Today, women and girls in Afghanistan still face oppression resulting from violence and intimidation by Taliban and other militia groups. In recent months, there has been a significant increase in the number of attacks against girls' schools in an attempt to prevent women and girls from regaining their rights and freedoms. (6) The strengthening of institutions and nongovernmental organizations that are led by women in Afghanistan is essential to building civil society and holding the Government of Afghanistan accountable for protecting women's rights and human rights. SEC. 3. SENSE OF CONGRESS ON WOMEN'S RIGHTS IN AFGHANISTAN. It is the sense of Congress that-- (1) the protection of the rights of women and girls in Afghanistan and their full participation in the reestablishment of democracy are essential to the reconstruction of a stable and democratic Afghanistan, and to achieve such a reconstruction, the United States Government must commit resources to advance the rights of women throughout Afghanistan; (2) the United States Government should provide strong support for the Afghan Ministry of Women's Affairs and the Afghan Independent Human Rights Commission, both of which were created by the Agreement on Provisional Agreements in Afghanistan Pending the Establishment of Permanent Governing Institutions, done in Bonn December 5, 2001 (commonly known as the ``Bonn Agreement'') to remedy past violations of women's rights and human rights and to establish institutions and programs to ensure policies that advance such rights; (3) the United States Government should make it a priority to provide assistance to Afghan-led nongovernmental organizations, particularly Afghan women-led nonprofit organizations; and (4) grants and assistance to Afghanistan shall be conditioned upon the Government of Afghanistan adhering to international standards for women's rights and human rights. SEC. 4. ASSISTANCE TO WOMEN AND GIRLS. Section 103(a)(7) of the Afghan Freedom Support Act of 2002 (22 U.S.C. 7513(a)(7)) is amended-- (1) in subparagraph (A), by striking clauses (i) through (xii) and inserting the following: ``(i) to provide equipment, medical supplies, and other assistance to health care facilities for the purpose of reducing maternal and infant mortality and morbidity; ``(ii) to establish and expand programs to provide services to women and girls suffering from posttraumatic stress disorder, depression, and mental illness; ``(iii) to protect and provide services to vulnerable populations, including widows, orphans, and women head of households; ``(iv) to establish primary and secondary schools for girls that include mathematics, science, and languages in their primary curriculum; ``(v) to expand technical and vocational training programs to enable women to support themselves and their families; ``(vi) to maintain and expand adult literacy programs, including economic literacy programs that promote the well-being of women and their families; ``(vii) to provide special educational opportunities for girls whose schooling was ended by the Taliban and who now face obstacles to participating in the normal education system, such as girls who are now married and girls who are older than the normal age for their classes; ``(viii) to disseminate information throughout Afghanistan on the rights of women and on international standards for human rights; ``(ix) to provide information and assistance to enable women to exercise property, inheritance, and voting rights, and to ensure equal access to the judicial system; ``(x) to monitor and investigate violations of women's rights and to provide legal assistance to women who have suffered violations of their rights; ``(xi) to increase political and civil participation of women in all levels of society, including the criminal justice system; ``(xii) to provide information and training related to women's rights and human rights to military, police, and legal personnel; and ``(xiii) to provide assistance to the Ministry of Women's Affairs and the Independent Human Rights Commission for programs to advance the status of women.''; and (2) by restating subparagraph (B) to read as follows: ``(B) Availability of funds.--For each of the fiscal years 2007 through 2009-- ``(i) $5,000,000 is authorized to be appropriated to the President to be made available to the Afghan Ministry of Women's Affairs for the administration and conduct of its programs; ``(ii) $10,000,000 is authorized to be appropriated to the President to be made available to the Afghan Independent Human Rights Commission for the administration and conduct of its programs; and ``(iii) $30,000,000 is authorized to be appropriated to the President for grants to Afghan women-led nonprofit organizations to support activities including the construction, establishment, and operation of schools for married girls and girls' orphanages, vocational training for women and girls, health care clinics for women and children, programs to strengthen Afghan women-led organizations and women's leadership, and to provide monthly financial assistance to widows, orphans, and women head of households.''. SEC. 5. SENSE OF CONGRESS ON ASSISTANCE. It is the sense of Congress that, in providing assistance under section 103(a)(7) of the Afghan Freedom Support Act (22 U.S.C. 7513(a)(7)), as amended by section 4, the President should-- (1) condition the provision of such assistance on the recipient adhering to international standards for women's rights and human rights; and (2) ensure that Afghan women-led nongovernmental organizations throughout Afghanistan with demonstrated experience in delivering services to Afghan women and children receive grants without ethnic, religious, or any other discrimination. SEC. 6. REPORTING REQUIREMENT. (a) Reports Required.--Not later than 180 days after the date of the enactment of this Act, and every 6 months thereafter for 3 years, the Secretary of State and the Administrator of the United States Agency for International Development shall jointly submit a report on the activities carried out under this Act to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on International Relations and the Committee on Appropriations of the House of Representatives. (b) Content.--Each report submitted under subsection (a) shall include the amount of assistance provided under section 103(a)(7) of the Afghan Freedom Support Act of 2002 (22 U.S.C. 7513(a)(7)), as amended by section 4, to-- (1) the Afghan Ministry of Women's Affairs; (2) the Afghan Independent Human Rights Commission; and (3) Afghan women-led nonprofit organizations.

Afghan Women Empowerment Act of 2006 - Expresses the sense of Congress that the protection of the rights of women and girls in Afghanistan and their full participation in the reestablishment of democracy are essential to Afghanistan's reconstruction, and to achieve such reconstruction the U.S. government must commit resources to advance the rights of women throughout Afghanistan. Amends the Afghan Freedom Support Act of 2002 to revise the provisions respecting assistance to women and girls in Afghanistan. Extends funding authority. Expresses the sense of Congress that the President should: (1) condition the provision of such assistance on the recipient adhering to international standards for women's rights and human rights; and (2) ensure that Afghan women-led nongovernmental organizations with demonstrated experience in delivering services to Afghan women and children receive grants without ethnic, religious, or any other discrimination.

{"src": "billsum_train", "title": "A bill to promote the empowerment of women in Afghanistan."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protection of Lawful Commerce in Arms Act''. SEC. 2. FINDINGS; PURPOSES. (a) Findings.--The Congress finds the following: (1) The Second Amendment to the United States Constitution provides that the right of the people to keep and bear arms shall not be infringed. (2) The Second Amendment to the United States Constitution protects the rights of individuals, including those who are not members of a militia or engaged in military service or training, to keep and bear arms. (3) Lawsuits have been commenced against manufacturers, distributors, dealers, and importers of firearms that operate as designed and intended, which seek money damages and other relief for the harm caused by the misuse of firearms by third parties, including criminals. (4) The manufacture, importation, possession, sale, and use of firearms and ammunition in the United States are heavily regulated by Federal, State, and local laws. Such Federal laws include the Gun Control Act of 1968, the National Firearms Act, and the Arms Export Control Act. (5) Businesses in the United States that are engaged in interstate and foreign commerce through the lawful design, manufacture, marketing, distribution, importation, or sale to the public of firearms or ammunition products that have been shipped or transported in interstate or foreign commerce are not, and should not, be liable for the harm caused by those who criminally or unlawfully misuse firearm products or ammunition products that function as designed and intended. (6) The possibility of imposing liability on an entire industry for harm that is solely caused by others is an abuse of the legal system, erodes public confidence in our Nation's laws, threatens the diminution of a basic constitutional right and civil liberty, invites the disassembly and destabilization of other industries and economic sectors lawfully competing in the free enterprise system of the United States, and constitutes an unreasonable burden on interstate and foreign commerce of the United States. (7) The liability actions commenced or contemplated by the Federal Government, States, municipalities, and private interest groups and others are based on theories without foundation in hundreds of years of the common law and jurisprudence of the United States and do not represent a bona fide expansion of the common law. The possible sustaining of these actions by a maverick judicial officer or petit jury would expand civil liability in a manner never contemplated by the framers of the Constitution, by the Congress, or by the legislatures of the several States. Such an expansion of liability would constitute a deprivation of the rights, privileges, and immunities guaranteed to a citizen of the United States under the Fourteenth Amendment to the United States Constitution. (8) The liability actions commenced or contemplated by the Federal Government, States, municipalities, private interest groups, and others attempt to use the judicial branch to circumvent the legislative branch of the Government by regulating interstate and foreign commerce through judgments and judicial decrees, thereby threatening the separation of powers doctrine and weakening and undermining important principles of federalism, State sovereignty, and comity among the several States. (b) Purposes.--The purposes of this Act are as follows: (1) To prohibit causes of action against manufacturers, distributors, dealers, and importers of firearms or ammunition products, and their trade associations, for the harm solely caused by the criminal or unlawful misuse of firearm products or ammunition products by others when the product functioned as designed and intended. (2) To preserve a citizen's access to a supply of firearms and ammunition for all lawful purposes, including hunting, self-defense, collecting, and competitive or recreational shooting. (3) To guarantee a citizen's rights, privileges, and immunities, as applied to the States, under the Fourteenth Amendment to the United States Constitution, pursuant to section 5 of that Amendment. (4) To prevent the use of such lawsuits to impose unreasonable burdens on interstate and foreign commerce. (5) To protect the right, under the First Amendment to the Constitution, of manufacturers, distributors, dealers, and importers of firearms or ammunition products, and trade associations, to speak freely, to assemble peaceably, and to petition the Government for a redress of their grievances. (6) To preserve and protect the separation of powers doctrine and important principles of federalism, State sovereignty, and comity among the several States. (7) To exercise the power of Congress under article IV, section 1 of the United States Constitution to carry out the full faith and credit clause. SEC. 3. PROHIBITION ON BRINGING OF QUALIFIED CIVIL LIABILITY ACTIONS IN FEDERAL OR STATE COURT. (a) In General.--A qualified civil liability action may not be brought in any Federal or State court. (b) Dismissal of Pending Actions.--A qualified civil liability action that is pending on the date of the enactment of this Act shall be dismissed immediately by the court in which the action was brought or is currently pending. SEC. 4. DEFINITIONS. In this Act: (1) Engaged in the business.--The term ``engaged in the business'' has the meaning given that term in section 921(a)(21) of title 18, United States Code, and, as applied to a seller of ammunition, means a person who devotes time, attention, and labor to the sale of ammunition as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of ammunition. (2) Manufacturer.--The term ``manufacturer'' means, with respect to a qualified product, a person who is engaged in the business of manufacturing the product in interstate or foreign commerce and who is licensed to engage in business as such a manufacturer under chapter 44 of title 18, United States Code. (3) Person.--The term ``person'' means any individual, corporation, company, association, firm, partnership, society, joint stock company, or any other entity, including any governmental entity. (4) Qualified product.--The term ``qualified product'' means a firearm (as defined in subparagraph (A) or (B) of section 921(a)(3) of title 18, United States Code), including any antique firearm (as defined in section 921(a)(16) of such title), or ammunition (as defined in section 921(a)(17)(A) of such title), or a component part of a firearm or ammunition, that has been shipped or transported in interstate or foreign commerce. (5) Qualified civil liability action.-- (A) In general.--The term ``qualified civil liability action'' means a civil action or proceeding or an administrative proceeding brought by any person against a manufacturer or seller of a qualified product, or a trade association, for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, or penalties, or other relief, resulting from the criminal or unlawful misuse of a qualified product by the person or a third party, but shall not include-- (i) an action brought against a transferor convicted of an offense under section 924(h) of title 18, United States Code, or a comparable or identical State felony law, by a party directly harmed by the conduct of which the transferee is so convicted; (ii) an action brought against a seller for negligent entrustment or negligence per se; (iii) an action in which a manufacturer or seller of a qualified product knowingly violated a State or Federal statute applicable to the sale or marketing of the product, if the violation was a proximate cause of the harm for which relief is sought, including-- (I) any case in which the manufacturer or seller knowingly made any false entry in, or failed to make appropriate entry in, any record required to be kept under Federal or State law with respect to the qualified product, or aided, abetted, or conspired with any person in making any false or fictitious oral or written statement with respect to any fact material to the lawfulness of the sale or other disposition of the qualified product; or (II) any case in which the manufacturer or seller aided, abetted, or conspired with any other person to sell or otherwise dispose of the qualified product, knowing, or having reasonable cause to believe, that the actual buyer of the qualified product was prohibited from possessing or receiving a firearm or ammunition under subsection (g) or (n) of section 922 of title 18, United States Code; (iv) an action for breach of contract or warranty in connection with the purchase of the product; or (v) an action for death, physical injuries, or property damage resulting directly from a defect in design or manufacture of the product, when used as intended or in a reasonably foreseeable manner, except that if the discharge of the product was caused by a volitional act that constituted a criminal offense, then such act shall be considered the sole proximate cause of any resulting death, personal injury, or property damage. (B) Negligent entrustment.--As used in subparagraph (A)(ii), the term ``negligent entrustment'' means the supplying of a qualified product by a seller for use by another person when the seller knows, or reasonably should know, the person to whom the product is supplied is likely to, and does, use the product in a manner involving unreasonable risk of physical injury to the person or others. (C) Rule of construction.--The exceptions set forth in clauses (i) through (v) of subparagraph (A) shall be construed so as not to be in conflict, and no provision of this Act shall be construed to create a public or private cause of action or remedy. (6) Seller.--The term ``seller'' means, with respect to a qualified product-- (A) an importer (as defined in section 921(a)(9) of title 18, United States Code) who is engaged in the business as such an importer in interstate or foreign commerce and who is licensed to engage in business as such an importer under chapter 44 of title 18, United States Code; (B) a dealer (as defined in section 921(a)(11) of title 18, United States Code) who is engaged in the business as such a dealer in interstate or foreign commerce and who is licensed to engage in business as such a dealer under chapter 44 of title 18, United States Code; or (C) a person engaged in the business of selling ammunition (as defined in section 921(a)(17)(A) of title 18, United States Code) in interstate or foreign commerce at the wholesale or retail level. (7) State.--The term ``State'' includes each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States, and any political subdivision of any such place. (8) Trade association.--The term ``trade association'' means any corporation, unincorporated association, federation, business league, or professional or business organization-- (A) that is not organized or operated for profit, and no part of the net earnings of which inures to the benefit of any private shareholder or individual; (B) that is an organization described in section 501(c)(6) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; and (C) 2 or more members of which are manufacturers or sellers of a qualified product. (9) Unlawful misuse.--The term ``unlawful misuse'' means conduct that violates a statute, ordinance, or regulation as it relates to the use of a qualified product.

Protection of Lawful Commerce in Arms Act - Prohibits a qualified civil liability action from being brought in any state or federal court against a manufacturer or seller of a firearm, ammunition, or a component of a firearm that has been shipped or transported in interstate or foreign commerce (or against a trade association of such manufacturers or sellers) for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, or penalties, or other relief, resulting from the criminal or unlawful misuse of a firearm. Requires pending actions to be dismissed. Excludes actions: (1) brought against a person who has been convicted of transferring a firearm knowing that it would be used to commit a crime of violence or a drug trafficking crime, by a party directly harmed by such crime; (2) brought against a seller for negligent entrustment or negligence per se; (3) in which a manufacturer or seller of a firearm knowingly violated a state or federal statute applicable to the sale or marketing of the firearm, if the violation was a proximate cause of the harm for which relief is sought; (4) for breach of contract or warranty in connection with the purchase of the firearm; or (5) for death, physical injuries, or property damage resulting directly from a defect in design or manufacture of the firearm when used as intended or in a reasonably foreseeable manner, except that if the discharge was caused by a volitional act that constituted a criminal offense, such act shall be considered the sole proximate cause of any resulting death, personal injury, or property damage.

{"src": "billsum_train", "title": "To prohibit civil liability actions from being brought or continued against manufacturers, distributors, dealers, or importers of firearms or ammunition for damages or injunctive or other relief resulting from the misuse of their products by others."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Targeted Tax Lien Act of 2010''. SEC. 2. MODIFICATIONS TO LIEN NOTICE FILING PROCEDURES. (a) In General.--Section 6323 of the Internal Revenue Code of 1986 (relating to validity and priority of tax liens against certain persons) is amended by adding at the end the following new subsection: ``(k) Required Procedures Before Filing Notice of Lien.-- ``(1) Secretarial determination.-- ``(A) In general.--The Secretary may not file a notice of lien with respect to any taxpayer unless-- ``(i) the lien attaches to distrainable property, and ``(ii) weighing all facts and circumstances pertaining to the collection of a taxpayer's delinquent tax assessment, the Secretary determines that-- ``(I) the benefit to the Federal Government of the filing outweighs the harm to the taxpayer, and ``(II) the filing will not jeopardize the taxpayer's prospective ability-- ``(aa) to comply with the internal revenue laws, and ``(bb) if the taxpayer is an otherwise viable business taxpayer, to continue to secure funding to maintain business operations. ``(B) Factors to consider.--In making the determination under subparagraph (A)(ii), the Secretary shall consider-- ``(i) the amount due, ``(ii) the lien filing fee, ``(iii) the value of the taxpayer's equity in the property or rights to property, ``(iv) the taxpayer's tax compliance history, ``(v) extenuating circumstances, if any, that explain the delinquency, and ``(vi) the effect of the filing on the taxpayer's ability to obtain financing, generate future income, and pay current and future tax liabilities. ``(2) Taxpayer appeal prior to filing.--The Secretary may not file a notice of lien with respect to any taxpayer unless-- ``(A) the Secretary notifies the taxpayer that the Secretary has determined to file such a notice with respect to the taxpayer, and ``(B) the taxpayer is afforded an opportunity to appeal such determination to the Internal Revenue Service Office of Appeals. The Secretary shall make reasonable efforts to provide the notice under subparagraph (A) by telephone or direct personal contact. ``(3) Supervisory approval required for liens in certain cases.-- ``(A) In general.--In any case to which this paragraph applies, a notice of lien may not be filed unless the immediate supervisor (or such higher level official as the Secretary may designate) of the individual making the initial determination under paragraph (1) has individually reviewed and approved such determination. ``(B) Cases to which paragraph applies.--This paragraph shall apply in any case in which-- ``(i) the collection of the liability would create an economic hardship within the meaning of section 6343(a)(1)(D), ``(ii) the taxpayer has no equity in assets, or ``(iii) there has been no personal contact with the taxpayer to discuss collection alternatives, including an offer in compromise and partial payment installment agreement.''. (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. SEC. 3. MODIFICATION OF REQUIREMENTS RELATING TO TAX LIEN INFORMATION CONTAINED IN CONSUMER CREDIT REPORTS. (a) In General.--Paragraph (3) of section 605(a) of the Fair Credit Reporting Act (15 U.S.C. 1681c(a)(3)) (relating to information contained in consumer reports) is amended to read as follows: ``(3) Tax liens.--The following tax liens: ``(A) Any tax lien released pursuant to section 6325(a) of the Internal Revenue Code of 1986 not more than 2 years after the date that the notice of such lien was filed. ``(B) Any tax lien released pursuant to section 6325(a) of such Code-- ``(i) more than 2 years after the date that the notice of such lien was filed, and ``(ii) more than 2 years before the report. ``(C) Any tax lien if-- ``(i) the notice of such lien was not refiled during the required refiling period (as defined in section 6325(g)(3) of such Code), and ``(ii) such period ends more than 6 years before the report. ``(D) Any tax lien the notice of which is withdrawn pursuant to section 6323(j)(1) of such Code. ``(E) Any tax lien released pursuant to section 6326(b) of such Code if the notice of such lien was erroneously filed.''. (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act.

Targeted Tax Lien Act of 2010 - Amends the Internal Revenue Code to require the Secretary of the Treasury to determine, prior to filing a notice of tax lien for unpaid taxes, that: (1) the lien attaches to distrainable property; (2) the benefit to the government of filing such lien outweighs the harm to the taxpayer; and (3) the filing of such lien will not jeopardize the taxpayer's prospective ability to comply with tax laws or an otherwise viable business taxpayer's prospective ability to secure funding to maintain business operations. Amends the Fair Credit Reporting Act to limit the period in which certain released or erroneously filed federal tax liens may be reported on a consumer 's credit report.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to require certain determinations before the filing of all notices of Federal tax liens and supervisory approval before the filing of certain notices of Federal tax liens, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mortgage Insurance Fairness Act of 2005''. SEC. 2. PREMIUMS FOR MORTGAGE INSURANCE. (a) In General.--Paragraph (3) of section 163(h) of the Internal Revenue Code of 1986 (relating to qualified residence interest) is amended by adding after subparagraph (D) the following new subparagraph: ``(E) Mortgage insurance premiums treated as interest.-- ``(i) In general.--Premiums paid or accrued for qualified mortgage insurance by a taxpayer during the taxable year in connection with acquisition indebtedness with respect to a qualified residence of the taxpayer shall be treated for purposes of this subsection as qualified residence interest. ``(ii) Phaseout.--The amount otherwise allowable as a deduction under clause (i) shall be reduced (but not below zero) by 10 percent of such amount for each $1,000 ($500 in the case of a married individual filing a separate return) (or fraction thereof) that the taxpayer's adjusted gross income for the taxable year exceeds $100,000 ($50,000 in the case of a married individual filing a separate return).''. (b) Definition and Special Rules.--Paragraph (4) of section 163(h) of the Internal Revenue Code of 1986 (relating to qualified residence interest) is amended by adding at the end the following new subparagraphs: ``(E) Qualified mortgage insurance.--The term `qualified mortgage insurance' means-- ``(i) mortgage insurance provided by the Veterans Administration, the Federal Housing Administration, or the Rural Housing Administration, and ``(ii) private mortgage insurance (as defined by section 2 of the Homeowners Protection Act of 1998 (12 U.S.C. 4901), as in effect on the date of the enactment of this subparagraph). ``(F) Special rules for prepaid qualified mortgage insurance.--Any amount paid by the taxpayer for qualified mortgage insurance that is properly allocable to any mortgage the payment of which extends to periods that are after the close of the taxable year in which such amount is paid shall be chargeable to capital account and shall be treated as paid in such periods to which so allocated. No deduction shall be allowed for the unamortized balance of such account if such mortgage is satisfied before the end of its term. The preceding sentences shall not apply to amounts paid for qualified mortgage insurance provided by the Veterans Administration or the Rural Housing Administration.''. SEC. 3. INFORMATION RETURNS RELATING TO MORTGAGE INSURANCE. Section 6050H of the Internal Revenue Code of 1986 (relating to information returns relating to mortgage interest) is amended by adding at the end the following new subsection: ``(h) Returns Relating to Mortgage Insurance Premiums.-- ``(1) In general.--The Secretary may prescribe, by regulations, that any person who, in the course of a trade or business, receives from any individual premiums for mortgage insurance aggregating $600 or more for any calendar year shall make a return with respect to each such individual. Such return shall be in such form, shall be made at such time, and shall contain such information as the Secretary may prescribe. ``(2) Statement to be furnished to individuals with respect to whom information is required.--Every person required to make a return under paragraph (1) shall furnish to each individual with respect to whom a return is made a written statement showing such information as the Secretary may prescribe. Such written statement shall be furnished on or before January 31 of the year following the calendar year for which the return under paragraph (1) was required to be made. ``(3) Special rules.--For purposes of this subsection-- ``(A) rules similar to the rules of subsection (c) shall apply, and ``(B) the term `mortgage insurance' means-- ``(i) mortgage insurance provided by the Veterans Administration, the Federal Housing Administration or the Rural Housing Administration, and ``(ii) private mortgage insurance (as defined by section 2 of the Homeowners Protection Act of 1998 (12 U.S.C. 4901), as in effect on the date of the enactment of this subparagraph.''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply to amounts paid or accrued after the date of enactment of this Act in taxable years ending after such date.

Mortgage Insurance Fairness Act of 2005 - Amends the Internal Revenue Code to allow a tax deduction for mortgage insurance premiums. Reduces the amount of such deduction for taxpayers with adjusted gross incomes exeeding $100,000. Authorizes the Secretary of the Treasury to require informational returns from any individual who receives payment of more than $600 in mortgage insurance premiums.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a deduction for premiums on mortgage insurance, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmental Equal Rights Act of 1993''. SEC. 2. FINDINGS. The Congress finds the following: (1) A 1987 study by the United Church of Christ found that the proportion of minorities in communities with large commercial landfills or a high number of commercial waste facilities was 3 times greater than in communities without such facilities. (2) The same United Church of Christ study found that approximately 60 percent of African- and Hispanic-Americans live in a community that has an uncontrolled hazardous waste site. (3) An Environmental Protection Agency report released in 1992 found that racial minority and low-income populations experience higher than average exposures to selected air pollutants and hazardous waste facilities. (4) A 1983 analysis by the General Accounting Office found that, in the southeastern United States, 3 of the 4 commercial hazardous waste landfills were located in communities with more blacks than whites, and the percentage of residents near the sites with incomes below the poverty line ranged from 26 percent to 42 percent. (5) A University of Michigan study released in 1990 found that minorities were 4 times more likely than whites to live within 1 mile of a commercial hazardous waste facility in the 3-county Detroit metropolitan area. (6) A National Law Journal study found that penalties imposed for pollution law violations in areas predominantly populated by minorities were dramatically lower than those imposed for violations in largely white areas. SEC. 3. PETITION RELATING TO ENVIRONMENTALLY DISADVANTAGED COMMUNITIES. (a) Amendment to Subtitle G.--Subtitle G of the Solid Waste Disposal Act (42 U.S.C. 6971 et seq.) is amended by adding at the end the following new section: ``SEC. 7014. PETITION RELATING TO ENVIRONMENTALLY DISADVANTAGED COMMUNITIES. ``(a) Right to Petition.--(1) Any citizen residing in a State in which a new facility for the management of solid waste (including a new facility for the management of hazardous waste) is proposed to be constructed in an environmentally disadvantaged community may submit a petition to the appropriate entity (described in paragraph (2)) to prevent the proposed facility from being issued a permit to be constructed or to operate in that community. ``(2) A petition under paragraph (1) shall be submitted in accordance with the following subparagraphs: ``(A) In the case of a facility for the management of hazardous waste, the petition shall be submitted to the Administrator or, in the case of a State with an authorized program under section 3006, to the State. ``(B) In the case of a facility for the management of municipal solid waste, the petition shall be submitted to the Administrator or, in appropriate cases, as determined under regulations implementing this section, to the State. ``(b) Agency Hearing.--(1) Within a reasonable period of time after receipt of a petition under subsection (a), the Administrator or the State shall hold a public hearing on the petition. An administrative law judge of the Environmental Protection Agency or an equivalent employee of the State, in the case of a petition submitted to the State, shall preside at the hearing. ``(2) Subject to paragraph (3), the administrative law judge or State employee shall approve the petition if, at the hearing, the petitioner establishes that-- ``(A) the proposed facility will be located in an environmentally disadvantaged community; and ``(B) the proposed facility may adversely affect-- ``(i) the human health of such community or a portion of such community; or ``(ii) the air, soil, water, or other elements of the environment of such community or a portion of such community. ``(3) After the petitioner has satisfied the requirement of paragraph (2), the administrative law judge or State employee shall deny the petition only if, at the hearing, the proponent of the proposed facility establishes that -- ``(A) there is no alternative location within the State for the proposed facility that poses fewer risks to human health and the environment than the proposed facility (according to standards for comparing the degree of risk to human health and the environment promulgated in regulations by the Administrator for purposes of this section); and ``(B) the proposed facility-- ``(i) will not release contaminants; or ``(ii) will not engage in any activity that is likely to increase the cumulative impact of contaminants on any residents of the environmentally disadvantaged community. ``(c) Administrative Provisions.--(1) The submission of a petition under subsection (a) stays the issuance of a permit for the facility concerned until a decision on the petition has been rendered under subsection (b). ``(2) If more than one petition relating to the same facility is submitted, the petitions may be consolidated by the appropriate official to promote the efficient resolution and disposition of the petitions. ``(d) Definitions.--For purposes of this section: ``(1) The term `environmentally disadvantaged community' means an area within 2 miles of the borders of a site on which a facility for the management of solid waste (including a facility for the management of hazardous waste) is proposed to be constructed and in which both of the following conditions are met, determined using the most recent data from the Bureau of the Census: ``(A)(i) The percentage of the population consisting of all individuals who are of African, Hispanic, Asian, Native American Indian, Pacific Island, or Native Alaskan ancestry is greater than either-- ``(I) the percentage of the population in the State of all such individuals, or ``(II) the percentage of the population in the United States of all such individuals; or ``(ii)(I) twenty percent or more of the population consists of individuals who are living at or below the poverty line, or ``(II) the area has a per capita income of 80 percent or less of the national average, for the most recent 12-month period for which statistics are available. ``(B) The area contains one or more of the following: ``(i) A facility for the management of hazardous waste that is in operation. ``(ii) A facility for the management of hazardous waste that is no longer in operation but that formerly accepted hazardous waste. ``(iii) A site at which a release or threatened release of hazardous substances (within the meaning of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980) has occurred. ``(iv) A facility for the management of municipal solid waste. ``(v) A facility whose owner or operator is required to submit a toxic chemical release form under section 313 of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11023), if the releases reported on such form are likely to adversely affect the human health of the community or portion of the community, as determined by the entity that would be appropriate under subsection (a)(2) if a petition were filed with respect to the facility. ``(2) The term `management', when used in connection with solid waste (including hazardous waste), means treatment, storage, disposal, combustion, recycling, or other handling of solid waste, but does not include any activities that take place in a materials recovery facility or any other facility that prepares, transfers, or utilizes nonhazardous recyclable materials for purposes other than energy recovery. ``(3) The terms `release' and `contaminant' have the meanings prescribed by the Administrator for purposes of this section.''. (b) Table of Contents Amendment.--The table of contents for subtitle G of such Act is further amended by adding at the end the following new item: ``Sec. 7014. Petition relating to environmentally disadvantaged communities.''.

Environmental Equal Rights Act of 1993 - Amends the Solid Waste Disposal Act to authorize citizens in a State in which a new solid or hazardous waste management facility is proposed to be constructed in an environmentally disadvantaged community to petition the Administrator of the Environmental Protection Agency or the State to prevent the facility from being constructed or from operating in such community. Denies such a petition only if the proponent of the proposed facility establishes that: (1) there is no alternative location that poses fewer health and environmental risks; and (2) the facility will not release contaminants or engage in any activity that is likely to increase the cumulative impact of contaminants on the environmentally disadvantaged community. Defines an "environmentally disadvantaged community" as an area within two miles of the borders of a site on which a waste management facility is proposed to be constructed and that meets specified criteria concerning minority populations, poverty, and existing hazardous or solid waste facilities or hazardous waste sites.

{"src": "billsum_train", "title": "Environmental Equal Rights Act of 1993"}

SECTION 1. CREDIT FOR PRODUCTION OF CELLULOSIC BIOFUEL. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 30D. CELLULOSIC BIOFUEL PRODUCTION. ``(a) General Rule.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to $1.28 for each gallon of qualified cellulosic biofuel production. ``(b) Qualified Cellulosic Biofuel Production.--For purposes of this section, the term `qualified cellulosic biofuel production' means any cellulosic biofuel which is produced in the United States by the taxpayer and which during the taxable year-- ``(1) is sold by the taxpayer to another person-- ``(A) for use by such other person in the production of a qualified cellulosic biofuel mixture in such other person's trade or business (other than casual off-farm production), ``(B) for use by such other person as a fuel in a trade or business, or ``(C) who sells such cellulosic biofuel at retail to another person and places such cellulosic biofuel in the fuel tank of such other person, or ``(2) is used or sold by the taxpayer for any purpose described in paragraph (1). ``(c) Definitions and Special Rules.--For purposes of this section-- ``(1) Cellulosic biofuel.--The term `cellulosic biofuel' means any liquid transportation fuel derived from any lignocellulosic or hemicellulosic mater (other than food starch) that is available on a renewable or recurring basis. ``(2) Qualified cellulosic biofuel mixture.--The term `qualified cellulosic biofuel mixture' means a mixture of cellulosic biofuel and gasoline which-- ``(A) is sold by the person producing such mixture to any person for use as a fuel, or ``(B) is used as a fuel by the person producing such mixture. ``(3) Cellulosic biofuel not used as a fuel.--If any credit is allowed under subsection (a) and any person does not use such cellulosic biofuel for a purpose described in subsection (b), then there is hereby imposed on such person a tax equal to $1.28 for each gallon of such cellulosic biofuel. ``(4) Pass-thru in the case of estates and trusts.--Under regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply. ``(5) Denial of double benefit.--No credit shall be allowed under this section to any taxpayer with respect to any cellulosic biofuel if a credit or payment is allowed with respect to such fuel to such taxpayer under section 40, 40A, 6426, or 6427(e). ``(d) Limitation Based on Amount of Tax.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(1) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(2) the sum of the credits allowable under subpart A and sections 27, 30, 30B, and 30C. ``(e) Carryforward and Carryback of Unused Credit.-- ``(1) In general.--If the credit allowable under subsection (a) exceeds the limitation imposed by subsection (d) for such taxable year (hereinafter in this section referred to as the `unused credit year') reduced by the sum of the credits allowable under subpart A, such excess shall be-- ``(A) carried back to the taxable year preceding the unused credit year, and ``(B) carried forward to each of the 20 taxable years following the unused credit year. ``(2) Transition rule.--The credit under subsection (a) may not be carried to a taxable year beginning before the date of the enactment of this section. ``(f) Application of Section.--This section shall apply with respect to qualified cellulosic biofuel production-- ``(1) after the date of the enactment of this section, and ``(2) before the date on which the Secretary of Energy certifies that 1,000,000,000 gallons of cellulosic biofuels have been produced in the United States after such date.''. (b) Deduction Allowed for Unused Credit.--Section 196(c) of such Code is amended by adding at the end the following new subsection: ``(d) Deduction Allowed for Cellulosic Biofuel Production Credit.-- ``(1) In general.--If any portion of the credit allowed under section 30D for any taxable year has not, after the application of section 30D(d), been allowed to the taxpayer as a credit under such section for any taxable year, an amount equal to such credit not so allowed shall be allowed to the taxpayer as a deduction for the first taxable year following the last taxable year for which such credit could, under section 30D(e), have been allowed as a credit. ``(2) Taxpayer's dying or ceasing to exist.--If a taxpayer dies or ceases to exist before the first taxable year following the last taxable year for which the credit could, under section 30D(e), have been allowed as a credit, the amount described in paragraph (1) (or the proper portion thereof) shall, under regulations prescribed by the Secretary, be allowed to the taxpayer as a deduction for the taxable year in which such death or cessation occurs.''. (c) Conforming Amendments.-- (1)(A) Section 87 of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and by adding at the end the following new paragraph: ``(3) the cellulosic biofuel production credit determined with respect to the taxpayer under section 30D(a).''. (B) The heading of section 87 of such Code is amended by striking ``and biodiesel fuels credits'' and inserting ``, biodiesel fuels, and cellulosic biofuels credits''. (C) The item relating to section 87 is the table of sections for part II of subchapter B of chapter 1 of such Code is amended by striking ``and biodiesel fuels credits'' and inserting ``, biodiesel fuels, and cellulosic biofuels credits''. (2) 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 40A the following new item: ``Sec. 30D. Cellulosic biofuel production.''. (d) Effective Date.--The amendments made by this section shall apply to fuel produced after the date of the enactment of this Act.

Amends the Internal Revenue Code to allow a tax credit for the production of cellulosic biofuel. Defines "cellulosic biofuel" as any liquid transportation fuel derived from any lignocellulosic or hemicellulosic matter (other than food starch) that is available on a renewable or recurring basis.

{"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide a credit for the production of a cellulosic biofuel."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coming Together for National Guard and Reserve Families Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) More than 700,000 children have had a parent deployed overseas as a member of the Armed Forces since September 11, 2001, and more than such 2,700 children have had a parent killed in Iraq or Afghanistan. (2) Forty-one percent of the members of the National Guard and Reserve who have been deployed overseas report mental health symptoms within three to six months of returning home from deployment, compared with 32 percent of the members of the regular military who have been so deployed. Fifteen percent of the members of the National Guard and Reserve have been identified as at risk for post traumatic stress disorder (PTSD), compared with 9 percent of the members of the regular military. Research suggests that increased stress in the family can trigger symptoms of post traumatic stress disorder. (3) Military families face significant challenges throughout the deployment cycle of members of the Armed Forces. Families of members of the National Guard and Reserve are particularly vulnerable because of their distance from military bases and their lack of access to the services upon which military families typically draw. In addition, many families of members of the National Guard and Reserve are currently experiencing multiple extended deployments, and do not have the necessary support available to them. (4) Uncertainty and separation can create high levels of stress for parents, spouses, and children. Stress can put children at greater risk for behavioral problems, academic difficulties, anxiety, and depression. Family separations many times result in marital problems, financial difficulties, and stress on family relationships. (5) Research suggests that military families who receive community and social support while members of the National Guard and Reserve are undergoing deployment have the most positive outcomes. Supporting families and children affected by deployment can ease transitional stress, help members of the National Guard and Reserve and their families cope during and after deployment, prevent mental health problems, and assist in a smooth transition of members of the National Guard and Reserve back to civilian life. SEC. 3. FAMILY SUPPORT FOR FAMILIES OF MEMBERS OF THE NATIONAL GUARD AND RESERVE UNDERGOING DEPLOYMENT. (a) Family Support.-- (1) In general.--The Secretary of Defense shall enhance and improve current programs of the Department of Defense to provide family support for families of members of the National Guard and Reserve in order to improve the assistance available for families of members of the National Guard and Reserve who are deployed throughout their deployment cycle. (2) Specific enhancements.--In enhancing and improving programs under paragraph (1), the Secretary shall enhance and improve the availability of the following: (A) Support staff to assist families of the members of the National Guard and Reserve who are deployed throughout their deployment cycle, including staff to assist such families in-- (i) preparing and updating family care plans; and (ii) securing information on health care benefits and services and on other community resources. (B) Support staff to provide referrals for such families for-- (i) crisis services; and (ii) marriage counseling and family counseling. (b) Post-Deployment Assistance for Spouses and Parents of Returning Members.-- (1) In general.--The Secretary of Defense shall provide spouses and parents of members of the National Guard and Reserve who are returning from deployment assistance in-- (A) understanding issues that arise in the readjustment of such members to civilian life; (B) identifying signs and symptoms of mental health issues; and (C) encouraging such members and their families in seeking assistance for such issues. (2) Information on available resources.--In providing assistance under paragraph (1), the Secretary shall provide information on local resources for mental health services, family counseling services, or other appropriate services, including services available from both military providers of such services and community-base providers of such services. (3) Timing.--The Secretary shall provide resources under paragraph (1) with respect to a member of the National Guard or Reserve returning from deployment approximately six months after the date of the return of such member from deployment. (c) Authorization of Appropriations.--There is hereby authorized to be appropriated for the Department of Defense for fiscal year 2008, $4,000,000 to carry out this section. SEC. 4. PILOT PROGRAM ON FAMILY-TO-FAMILY SUPPORT FOR FAMILIES OF MEMBERS OF THE NATIONAL GUARD AND RESERVE UNDERGOING DEPLOYMENT. (a) Pilot Program Required.-- (1) In general.--The Secretary of Defense shall, in consultation with the Secretary of Health and Human Services, carry out a pilot program to-- (A) assess the effectiveness of family-to-family support programs in-- (i) the early identification and prevention of family problems for families of members of the National Guard and Reserve who are deployed; (ii) the provision of peer support for such families; (iii) reducing adverse outcomes for children of such families, including poor academic performance, behavioral problems, and the adverse consequence of stress and anxiety; and (iv) improving family readiness and post- deployment transition for such families; and (B) assess the feasability and advisability of utilizing spouses of members of the Armed Forces to act as counselors for spouses and families of members of the National Guard and Reserve who are deployed in order to assist such spouses and families in coping with the deployment of such members throughout their deployment cycle. (2) Construction with other assistance.--The pilot program shall be in addition to any assistance programs carried out by the Secretary of Defense. (b) Counseling Duties.--The duties of spouses who act as counselors under the pilot program shall include-- (1) the provision of assistance to spouses and families of members of the National Guard and Reserve who are deployed with respect to family readiness, health care, and crisis referral; and (2) the provision of outreach to such spouses and families on mental health matters such as marriage and family counseling. (c) Training in Counseling.--In carrying out the pilot program, the Secretary shall provide appropriate training to spouses who act as counselors under the pilot program, including training on the matters set forth in clauses (i) through (iv) of subsection (a)(1)(A). (d) Report.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the pilot program. The report shall include-- (1) a description of the activities under the pilot program; (2) an assessment of the effectiveness of family-to-family support programs in achieving the results set forth in subsection (a)(1)(A); (3) an assessment of the feasability and advisability of utilizing spouses of members of the Armed Forces to act as counselors as described in subsection (a)(1)(B); and (4) such other matters as the Secretary considers appropriate in light of the pilot program. (e) Authorization of Appropriations.--There is hereby authorized to be appropriated for the Department of Defense for fiscal year 2008, $1,000,000 to carry out this section. SEC. 5. SUPPORT SERVICES FOR CHILDREN, INFANTS, AND TODDLERS OF MEMBERS OF THE NATIONAL GUARD AND RESERVE UNDERGOING DEPLOYMENT. (a) Enhancement of Support Services for Children.-- (1) In general.--The Secretary of Defense shall, in consultation with the Secretary of Health and Human Services, enter into a contract or other agreement with a private sector entity having expertise in the health and well-being of families and children in order to enhance and develop support services for children of members of the National Guard and Reserve who are deployed. (2) Support services.--In enhancing and developing support services pursuant to paragraph (1), the entity referred to in that paragraph shall-- (A) develop materials for parents and other caretakers of children of members of the National Guard and Reserve who are deployed to assist such parents and caretakers in responding to the adverse implications of such deployment (and the death or injury of such members during such deployment) for such children, including the role such parents and caretakers can play in addressing and mitigating such implications; (B) develop programs and activities to increase awareness throughout the military and civilian communities of the adverse implications of such deployment (and the death or injury of such members during such deployment) for such children and their families and to increase collaboration within such communities to address and mitigate such implications; (C) develop training for early child care and education, mental health, health care, and family support professionals to enhance the awareness of such professionals of their role in assisting families in addressing and mitigating the adverse implications of such deployment (and the death or injury of such members during such deployment) for such children; and (D) conduct research on best practices for building psychological and emotional resiliency in such children in coping with the deployment of such members. (b) Enhancement of Support Services for Infants and Toddlers.-- (1) In general.--The Secretary of Defense shall, in consultation with the Secretary of Health and Human Services, enter into a contract or other agreement with a private sector entity having expertise in the health and well-being of infants and toddlers in order to enhance and develop support services to address the special needs of infants and toddlers of members of the National Guard and Reserve who are deployed. (2) Support services.--In enhancing and developing support services pursuant to paragraph (1), the entity referred to in that paragraph shall-- (A) develop materials for parents and other caretakers of infants and toddlers of members of the National Guard and Reserve who are deployed to assist such parents and caretakers in responding to the adverse implications of such deployment (and the death or injury of such members during such deployment) for such infants and toddlers, including the role such parents and caretakers can play in addressing and mitigating such implications; (B) develop programs and activities to increase awareness throughout the military and civilian communities of the adverse implications of such deployment (and the death or injury of such members during such deployment) for such infants and toddlers and their families and to increase collaboration within such communities to address and mitigate such implications; (C) develop training for education, mental health, health care, and family support professionals to enhance the awareness of such professionals of their role in assisting families in addressing and mitigating the adverse implications of such deployment (and the death or injury of such members during such deployment) for such infants and toddlers; and (D) conduct research on best practices for building psychological and emotional resiliency in the families of such infants and toddlers in coping with the deployment of such members. (c) Reports.-- (1) Reports required.--At the end of the 18-month period beginning on the date of the enactment of this Act, and at the end of the 36-month period beginning on that date, each entity with which the Secretary of Defense enters into a contract or agreement under subsection (a) or (b) shall submit to the Secretary, and to Congress, a report on the activities of such entity under such contract. (2) Elements.--Each report under paragraph (1) shall include the following: (A) An assessment of the extent to which outreach to parents and other caretakers of children, or infants and toddlers, as applicable, of members of the National Guard and Reserve was effective in reaching such parents and caretakers and in mitigating the adverse effects of the deployment of such members on such children or infants and toddlers. (B) An assessment of the effectiveness of the programs and activities under such contract in increasing collaboration and service provision in community agencies serving family members of the National Guard and Reserve undergoing deployment. (C) An assessment of the effectiveness of training materials for education, mental health, health, and family support professionals developed under such contract in increasing awareness of their role in assisting families in addressing and mitigating the adverse effects on children, or infants and toddlers, of the deployment of members of the National Guard and Reserve. (D) A description of best practices identified under such contract for building psychological and emotional resiliency in children, or infants and toddlers, in coping with the deployment of members of the National Guard and Reserve. (d) Authorization of Appropriations.-- (1) Support services for children.--There is hereby authorized to be appropriated for the Department of Defense for fiscal year 2008, $6,000,000 to carry out subsection (a). (2) Support services for infants and toddlers.--There is hereby authorized to be appropriated for the Department of Defense for fiscal year 2008, $6,000,000 to carry out subsection (b). SEC. 6. MENTAL HEALTH SERVICES FOR FAMILY MEMBERS OF DISABLED MEMBERS OF THE NATIONAL GUARD AND RESERVE. (a) Expansion of Availability of Mental Health Services.-- (1) In general.--The Secretary of Veterans Affairs and the Secretary of Defense shall jointly take appropriate actions to expand and enhance access to mental health services for family members of members and former members of the National Guard and Reserve who are disabled during military service. (2) Services.--Access to mental health services shall be expanded under paragraph (1) by the provision of mental health services through the following: (A) Community-based outpatient clinics of the Department of Veterans Affairs staffed by personnel of the Department. (B) Referral to appropriate facilities of the Department of Veterans Affairs for the receipt of such services. (C) Referral to appropriate mental health professionals in the community for receipt of such services. (D) Providers of telemental health services. (3) Authorization of appropriations.--There is hereby authorized to be appropriated for the Department of Veterans Affairs for fiscal year 2008, $8,000,000 to carry out this section. (b) Comptroller General Report on Access to Mental Health Services Through TRICARE.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on barriers to access to mental health services through the TRICARE program, including the number of mental health services providers under the TRICARE program that are located more than 40 miles from a military installation. (2) Recommendations.--The report under paragraph (1) shall include recommendations for-- (A) increasing access to mental health services providers under the TRICARE program for members of the National Guard and their families; and (B) increasing the number of mental health services providers under the TRICARE program in areas located more than 40 miles from a military installation.

Coming Together for National Guard and Reserve Families Act of 2007 - Directs the Secretary of Defense to enhance and improve Department of Defense (DOD) programs to provide family support for families of members of the National Guard and Reserve undergoing deployment (members). Requires such support to include post-deployment assistance for spouses and parents of returning members. Directs the Secretary to: (1) conduct a pilot program of family-to-family support for families of such members; and (2) contract for support services for children, infants, and toddlers of such members. Directs the Secretary and the Secretary of Veterans Affairs to jointly expand and enhance access to mental health services for families of members who are disabled during military service. Requires a report from the Comptroller General to Congress on barriers to access to mental health services through TRICARE (a DOD managed health care program), including the number of providers under TRICARE that are located more than 40 miles from a military installation.

{"src": "billsum_train", "title": "A bill to provide support and assistance for families of members of the National Guard and Reserve who are undergoing deployment, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Ensure Life- and Limb-saving access to Podiatric Physicians Act'' or the ``HELLPP Act''. SEC. 2. RECOGNIZING DOCTORS OF PODIATRIC MEDICINE AS PHYSICIANS UNDER THE MEDICAID PROGRAM. (a) In General.--Section 1905(a)(5)(A) of the Social Security Act (42 U.S.C. 1396d(a)(5)(A)) is amended by striking ``section 1861(r)(1)'' and inserting ``paragraphs (1) and (3) of section 1861(r)''. (b) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendment made by subsection (a) shall apply to services furnished on or after January 1, 2018. (2) Extension of effective date for state law amendment.-- In the case of a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) which the Secretary of Health and Human Services determines requires State legislation in order for the plan to meet the additional requirement imposed by the amendment made by subsection (a), the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session is considered to be a separate regular session of the State legislature. SEC. 3. CLARIFYING MEDICARE DOCUMENTATION REQUIREMENTS FOR THERAPEUTIC SHOES FOR PERSONS WITH DIABETES. (a) In General.--Section 1861(s)(12) of the Social Security Act (42 U.S.C. 1395x(s)(12)) is amended to read as follows: ``(12) subject to section 4072(e) of the Omnibus Budget Reconciliation Act of 1987, extra-depth shoes with inserts or custom molded shoes with inserts (in this paragraph referred to as `therapeutic shoes') for an individual with diabetes, if-- ``(A) the physician who is managing the individual's diabetic condition-- ``(i) documents that the individual has diabetes; ``(ii) certifies that the individual is under a comprehensive plan of care related to the individual's diabetic condition; and ``(iii) documents agreement with the prescribing podiatrist or other qualified physician (as established by the Secretary) that it is medically necessary for the individual to have therapeutic shoes; ``(B) the therapeutic shoes are prescribed by a podiatrist or other qualified physician (as established by the Secretary) who-- ``(i) examines the individual and determines the medical necessity for the individual to receive the therapeutic shoes; and ``(ii) communicates in writing the medical necessity to a certifying doctor of medicine or osteopathy for the individual to have therapeutic shoes along with findings that the individual has peripheral neuropathy with evidence of callus formation, a history of pre- ulcerative calluses, a history of previous ulceration, foot deformity, previous amputation, or poor circulation; and ``(C) the therapeutic shoes are fitted and furnished by a podiatrist or other qualified supplier individual (as established by the Secretary), such as a pedorthist or orthotist, who is not the physician described in subparagraph (A) (unless the Secretary finds that the physician is the only such qualified individual in the area);''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to items and services furnished on or after January 1, 2018. (c) Rule of Construction.--Nothing in this section shall be construed as expanding Medicare coverage for therapeutic shoes for individuals with diabetes. SEC. 4. BUDGET SAVINGS: STRENGTHENING MEDICAID PROGRAM INTEGRITY THROUGH CONTINUOUS LEVY ON PAYMENTS TO MEDICAID PROVIDERS AND SUPPLIERS. (a) In General.--Section 6331(h)(2) of the Internal Revenue Code of 1986 (defining specified payment) is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(D) any payment to any Medicaid provider or supplier under a State plan under title XIX of the Social Security Act.''. (b) Effective Date.--The amendments made by this section shall apply to levies issued after the date of the enactment of this Act.

Helping Ensure Life- and Limb-Saving Access to Podiatric Physicians Act or the HELLPP Act This bill adds podiatrists as covered physicians under the Medicaid program. Documentation requirements related to Medicare coverage of therapeutic shoes for individuals with diabetes are revised. The bill amends the Internal Revenue Code to subject payments made to a Medicaid provider or supplier to a continuing levy for federal taxes owed by the provider or supplier.

{"src": "billsum_train", "title": "Helping Ensure Life- and Limb-saving access to Podiatric Physicians Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Housing Finance Restructuring Act of 2016''. SEC. 2. REPAYMENT OF LIQUIDATION PREFERENCE. (a) Repayment and Redemption.--Not later than the expiration of the 60-day period beginning on the date of the enactment of this Act, the Secretary of the Treasury shall modify the Senior Preferred Stock Purchase Agreement for each enterprise to provide as follows: (1) Deemed repayment in full.--Effective on the date of the date of the enactment of this Act, the liquidation preference on the Variable Liquidation Preference Senior Preferred Stocks of each enterprise is reduced to zero. (2) Redemption of variable liquidation preference senior preferred stock.--Pursuant to paragraph (1), the Variable Liquidation Preference Senior Preferred Stock of each enterprise shall be redeemed upon the date of the modification of the Senior Preferred Stock Purchase Agreement required under this subsection and, upon and after such redemption-- (A) shares of such Variable Liquidation Preference Senior Preferred Stock of each enterprise shall no longer be deemed to be outstanding and all rights of the holders thereof, as such holders, shall cease; (B) shares of redeemed Variable Liquidation Preference Senior Preferred Stock of each enterprise shall no longer have the status of authorized, issued, or outstanding shares; (C) the Senior Preferred Stock Purchase Agreement for each enterprise shall be terminated, except that sections 2.1 and 2.2 of such Agreement, as modified by the Second Amendment to the Senior Preferred Stock Purchase Agreement for the enterprise (dated December 24, 2009), shall remain in force and effect; and (D) the Department of the Treasury shall retain any dividend payments made by an enterprise to the Department of the Treasury before the date of the enactment of this Act. (b) No Resumption of Periodic Commitment Fee.--The Department of the Treasury shall not require the enterprises to pay a periodic commitment fee, as described in section 3.2 of the Senior Preferred Stock Purchase Agreements. (c) Exercise of Warrants for Common Stock.--Notwithstanding subsection (a)(2)(C) of this section, upon the enactment of this Act, the Department of the Treasury shall exercise the warrants for the purchase of common stock of the enterprises provided to the Department under the Senior Preferred Stock Purchase Agreements. SEC. 3. REBUILDING OF ENTERPRISE RETAINED CAPITAL. (a) Applicability.--Notwithstanding any other provision of law or any provision of the Senior Preferred Stock Purchase Agreement for an enterprise, the provisions of this section shall apply to each enterprise, including during the term of any conservatorship of an enterprise pursuant to section 1367 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4617). (b) Use of Net Income for Capital Reserves.--At any time that an enterprise is not fully capitalized (as such term is defined in subsection (c)(3))-- (1) section 1337 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (42 U.S.C. 4567) shall not apply to the enterprise; and (2) the Director shall require that, in each fiscal year, the net income of each enterprise, as determined by the Director, for such fiscal year shall be retained and maintained by the enterprise as retained capital reserves. (c) Full Capitalization.-- (1) Allocation to housing trust fund and capital magnet fund.--At any time that an enterprise is fully capitalized, as determined by the Director, subsection (b) shall not apply to the enterprise and section 1337 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 shall apply to the enterprise. (2) Dividends.--An enterprise may not, unless the enterprise is fully capitalized, declare or pay any dividend (whether common or preferred) with respect to any equity interests of the enterprise. (3) Definition.--For purposes of this subsection, the term ``fully capitalized'' means, with respect to an enterprise, that the enterprise maintains an amount of total capital, as such term is defined in section 1303 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4502), that is equal to or exceeds 10 percent of the risk-weighted assets of the enterprise. (d) Capital Restoration Plan.-- (1) Requirement.--Not later than the expiration of the 45- day period beginning on the date of the enactment of this Act, the Director shall prepare and submit to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a capital restoration plan for each enterprise that complies with section 1369C(a) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4622(a)). (2) Annual updates.--After submission of a capital restoration plan for an enterprise pursuant to paragraph (1), during any period that an enterprise remains not fully capitalized (as such term is defined in subsection (c)(3)), the Director shall update the plan for such enterprise on an annual basis and submit such updated plan to the Committees referred to in paragraph (1), together with a report describing any progress made toward restoring the capital of the enterprise during the preceding 1-year period. (3) Public availability.--The Director shall make publicly available each capital restoration plan prepared pursuant to paragraph (1) and each updated plan prepared pursuant to paragraph (2). (e) Termination of Conservatorships.--The Director shall terminate the conservatorship of an enterprise under section 1367 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4617) at such time that the enterprise attains, as determined by the Director, an amount of capital that is equal to or exceeds 5 percent of the risk-weighted assets of the enterprise. (f) Regulations.--Not later than the expiration of the 180-day period beginning on the date of the enactment of this Act, the Director shall issue regulations necessary to carry out this section and the amendments made by this section. SEC. 4. PRIVATE RIGHT OF ACTION. (a) In General.--Any individual or entity adversely affected or aggrieved by action or inaction on the part of the Director or the Secretary of the Treasury in violation of this Act or title XIII of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4501 et seq.) may commence a civil action for prospective injunctive relief against the Director or the Secretary, as appropriate. (b) Equitable Relief.--In any action under this section, the court may award appropriate equitable relief, including temporary, preliminary, or permanent injunctive relief. (c) Costs.--In any action under this section, the court shall award the costs of litigation, including reasonable attorney and expert witness fees, to any prevailing or substantially prevailing plaintiff. (d) Jurisdiction.--The district courts of the United States shall have jurisdiction over proceedings commenced pursuant to this section and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided for by law. SEC. 5. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Director.--The term ``Director'' means the Director of the Federal Housing Finance Agency, in the capacity of such Director and in the capacity as conservator of an enterprise pursuant to section 1367 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4617), as the case may be. (2) Enterprise.--The term ``enterprise'' has the meaning given such term in section 1303 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4502). (3) Net income.--The term ``net income'' means, with respect to an enterprise, income after deduction of all associated expenses, as calculated in accordance with generally accepted accounting principles. (4) Risk-weighted.--The term ``risk-weighted'' means, with respect to the assets of an enterprise, that the amount of any such assets that are single family housing mortgages meeting the requirements of section 618(a)(1)(B) of the Resolution Trust Corporation, Refinancing, Restructuring, and Improvement Act of 1991 (12 U.S.C. 1831n note) are calculated using a risk- weighting of 50 percent, in the same manner required under subsection (a)(1)(A) of such section 618 with respect to single family housing loans. (5) Senior preferred stock purchase agreement.--The term ``Senior Preferred Stock Purchase Agreement'' means, with respect to an enterprise, the Amended and Restated Senior Preferred Stock Purchase Agreements, dated September 26, 2008, amended May 6, 2009, further amended December 24, 2009, and further amended August 17, 2012, between the Department of the Treasury and such enterprise.

Housing Finance Restructuring Act of 2016 This bill directs the Department of the Treasury to modify the Senior Preferred Stock Purchase Agreement for each of the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) (enterprises) to: reduce to zero (deem as repaid in full) the liquidation preference on the Variable Liquidation Preference Senior Preferred Stocks of each enterprise; require redemption of the Variable Liquidation Preference Senior Preferred Stock of each enterprise upon a specified date, deeming it no longer outstanding and terminating all rights of the stockholders. Treasury shall exercise the warrants for the purchase of common stock of the enterprises under the Senior Preferred Stock Purchase Agreements. At any time an enterprise is not fully capitalized, the Federal Housing Finance Agency (FHFA) shall require that the net income (after deduction of all associated expenses) of each enterprise for the fiscal year be retained as capital reserves, and not be allocated to fund the Housing Trust Fund or the Capital Magnet Fund for affordable housing. The FHFA shall: report a capital restoration plan for each enterprise, and terminate the conservatorship of an enterprise when it attains an amount of capital equal to or exceeding 5% of its risk-weighted assets. Any individual or entity adversely affected or aggrieved by action or inaction on the part of the FHFA or Treasury in violation of this bill or the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 may commence a civil action in a U.S. district court for prospective injunctive relief against the FHFA or Treasury, as appropriate.

{"src": "billsum_train", "title": "Housing Finance Restructuring Act of 2016"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Kyle Barthel Veterans and Service Members Mental Health Screening Act''. SEC. 2. MANDATORY CONFIDENTIAL SCREENINGS FOR SUICIDE AND SUBSTANCE ABUSE PREVENTION. (a) In General.--The Secretary of Defense shall ensure that each member of the armed forces on active duty (referred to in this Act as ``member'') is screened for mental health conditions by a licensed mental health professional for the purpose of reducing the prevalence of suicide among such service members, future veterans, and veterans. (b) Requirements for Screenings.-- (1) Mandatory.--Each member shall be required to participate in screenings under subsection (a) shall be mandatory. (2) Confidential.--With respect to the screenings conducted under this section, the Secretary shall ensure compliance with all applicable laws and regulations relating to the confidentiality of the health care information generated through such screenings. (3) In person screening required.--The licensed mental health professional conducting the screening under subsection (a) must be in the physical presence of the member at the time the screening for such member is conducted. (4) Standards.--The screenings under subsection (a) shall conform to a set of standards developed by the Secretary of Defense, in consultation with the National Institute for Mental Health, for the purpose of identifying suicide and substance abuse risk factors. (c) Timing of Screenings.--With respect to a member, the screenings under subsection (a) shall be conducted-- (1) within 30 days of such member's induction to active duty service; (2) as a component of each required physical exam; (3) one time during the 30-day period ending on the date such member is deployed to in support of a contingency operation (as defined in section 101(13) of title 10, United States Code); (4) one time during the 30-day period ending on the date that such deployment is scheduled to end; (5) one time during the 90-day period following the date under paragraph (4); and (6) one time during the 90-day period following the period in paragraph (5). (d) Protection From Adverse Treatment.--For the purpose of encouraging members to provide complete information during the screenings under subsection (a) and to discourage members from stigmatizing participation in treatment for depression and other mental health problems, the Secretary of Defense shall not use the results of a screening under subsection (a) to-- (1) prohibit a member from returning to the United States; (2) prohibit a member from being discharged from the armed forces; or (3) to involuntary discharge a member from the armed forces. (e) Defense Study and Report.-- (1) Study.--The Secretary of Defense shall conduct a study-- (A) to collect data on-- (i) the number of licensed mental health providers who are employed by the Secretary; (ii) the number of members that each such provider is expected to screen and treat; (iii) the expected retirement dates of such providers; (iv) the geographic location of such providers; and (v) the ability of members to access screening and treatment services offered by such providers; and (B) to evaluate whether redistributing such providers geographically, assigning different tasks to such providers, and hiring additional such providers would assist the Secretary in providing adequate mental health screening and treatment to members (including the mental health screenings required by this Act). (2) Report.--Not later than one year after the date of the enactment of this section, the Secretary of Defense shall submit to the Congress a report on the results of the study conducted under paragraph (1). (f) Department of Veterans Affairs.-- (1) Study.--The Secretary of Veterans Affairs shall conduct a study-- (A) to collect data on-- (i) the number of licensed mental health providers who are employed by the Secretary; (ii) the number of veterans that each provider is expected to screen and treat; (iii) the expected retirement dates of such providers; (iv) the geographic location of such providers; and (v) the ability of veterans to access screening and treatment services offered by such providers; (B) to evaluate whether redistributing such providers geographically, assigning different tasks to such providers, and hiring additional such providers would assist the Secretary in providing adequate mental health treatment and screening services to veterans; and (C) to determine the projected cost of hiring and retaining licensed mental health providers to be placed in each veteran hospital, community-based outpatient clinic, and facility operates under a contract to provide clinical services on behalf of the Department of Veterans Affairs. (2) Report.--Not later than one year after the date of the enactment of this section, the Secretary of Veterans Affairs shall submit to the Congress a report on the results of the study conducted under paragraph (1). SEC. 3. MANDATORY TBI SCREENINGS. (a) In General.--The Secretary of Defense shall require that each member on active duty is screened for a traumatic brain injury by a licensed professional who is qualified to conduct such screening. (b) Timing of Screenings.--With respect to a service member, the screenings under subsection (a) shall be conducted-- (1) as a component of each required physical exam; (2) one time during the 30-day period beginning on the date such member is deployed such member is deployed to in support of a contingency operation (as defined in section 101(13) of title 10, United States Code); (3) one time during the 30-day period ending on the date on which such deployment is scheduled to end for such member; and (4) one time during the 90-day period following the date under paragraph (3). SEC. 4. DEPARTMENT OF DEFENSE AND DEPARTMENT OF VETERANS AFFAIRS INFORMATION SHARING. Pursuant to and consistent with requirements of the Wounded Warrior Act (title XVI of Public Law 110-181) (including the requirements of section 1614 of that Act) and section 1720F of title 38, United States Code, the Secretary of Defense and the Secretary of Veterans Affairs shall establish a joint protocol to share existing and future reports concerning screenings conducted under this Act to help aid members and veterans who are transitioning from receiving health care and treatment through Department of Defense to receiving such care and services through the Department of Veterans Affairs.

Kyle Barthel Veterans and Service Members Mental Health Screening Act - Directs the Secretary of Defense to ensure that each member of the Armed Forces on active duty is required to participate in confidential, in-person screenings for mental health conditions by a licensed mental health professional to reduce the prevalence of suicide among service members, future veterans, and veterans. Prohibits the Secretary from using the results of such a screening to prohibit a member from returning to the United States, prohibit a member from being discharged from the Armed Forces, or involuntarily discharge a member. Directs the Secretary to require that each member on active duty is screened for a traumatic brain injury by a licensed professional who is qualified to conduct such screening. Directs the Secretary and the Secretary of Veterans Affairs to establish a joint protocol to share existing and future reports concerning screenings conducted under this Act to help aid members and veterans who are transitioning from receiving health care and treatment through the Department of Defense to receiving such care and services through the Department of Veterans Affairs.

{"src": "billsum_train", "title": "To direct the Secretary of Defense to adopt a program of professional and confidential screenings for members of the armed forces on active duty to detect mental health conditions for the purpose of reducing the incidence of suicide among such members and veterans, and to detect traumatic brain injuries, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Retirement Savings and Security Act of 2002''. SEC. 2. ACCELERATION OF INCREASES IN IRA CONTRIBUTION LIMIT. (a) Deductible Amount.--Subparagraph (A) of section 219(b)(5) of the Internal Revenue Code of 1986 is amended to read as follows: ``(A) In general.--The deductible amount shall be $5,000.''. (b) Catch-Up Amount.--Subparagraph (B) of section 219(b)(5) of such Code is amended to read as follows: ``(B) Catch-up contributions for individuals 50 or older.--In the case of an individual who has attained the age of 50 before the close of the taxable year, the dollar amount in effect under paragraph (1)(A) for such taxable year (determined without regard to this paragraph) shall be increased by $1,000.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002. SEC. 3. ACCELERATION OF SCHEDULED INCREASES IN PENSION PLAN CONTRIBUTION LIMITS. (a) Elective Deferrals.--Subparagraph (B) of section 402(g)(1) of the Internal Revenue Code of 1986 is amended by striking ``the amount determined'' and all that follows and inserting ``$15,000.''. (b) Deferred Compensation Plans of State and Local Governments and Tax-Exempt Organizations.--Subparagraph (A) of section 457(e)(15) of such Code is amended by striking ``the amount determined'' and all that follows and inserting ``$15,000.''. (c) Simple Retirement Accounts.--Clause (i) of section 408(p)(2)(E) of such Code is amended by striking ``the amount determined'' and all that follows and inserting ``$10,000.''. (d) Catch-Up Contributions.--Subparagraph (B) of section 414(v)(2) of such Code is amended-- (1) in clause (i) by striking ``determined'' and all that follows and inserting ``$5,000.'', and (2) in clause (ii) by striking ``determined'' and all that follows and inserting ``$2,500.''. (e) Effective Date.--The amendments made by this section shall apply to years beginning after December 31, 2002. SEC. 4. SIMPLIFICATION AND UPDATING OF THE MINIMUM DISTRIBUTION RULES. (a) Required Distributions.-- (1) Increase in age for required beginning date.-- Subparagraphs (C)(i)(I) and (C)(ii)(I) of section 401(a)(9) of the Internal Revenue Code of 1986 are each amended by striking ``age 70\1/2\'' and inserting ``the applicable age''. (2) Applicable age.--Subparagraph (C) of section 401(a)(9) of such Code is amended by inserting at the end the following new clause: ``(v) Applicable age.--The applicable age shall be determined in accordance with the following table: ``Calendar year: Applicable age is: 2003 and 2004.......................... 73 2005 and 2006.......................... 74 2007 and thereafter.................... 75.'' (3) Spouse beneficiaries.--Subclause (I) of section 401(a)(9)(B)(iv) is amended by striking ``age 70\1/2\'' and inserting ``the applicable age''. (4) Actuarial adjustment of benefit under defined benefit plan.--Clause (iii) of section 401(a)(9)(C) of such Code is amended to read as follows: ``(iii) Actuarial adjustment.-- ``(I) In general.--In the case of a defined benefit plan, an employee's accrued benefit shall be actuarially increased to take into account the period after the applicable date during which the employee was not eligible to receive any benefits under the plan. ``(II) Applicable date.--For purposes of clause (I), the term `applicable date' means the April 1st following the calendar year in which the employee attains age 70\1/2\.''. (b) Effective Date.-- (1) In general.--The amendments made by this section shall apply to years beginning after December 31, 2002. (2) Transition.--A plan shall not be treated as failing to meet the requirements of section 401(a)(9) of the Internal Revenue Code of 1986 merely because, in years beginning after December 31, 2002, no distribution is made to an employee before the employee's required beginning date, as determined in accordance with the amendments made by this section.

Retirement Savings and Security Act of 2002 - Amends the Internal Revenue Code to accelerate, to 2003, increases to: (1) the $5,000 deductible IRA limit; and (2) the $15,000 elective deferral and the State, local, and tax-exempt organizations' plan limits, the $10,000 SIMPLE plan limit, and catch-up contribution limits.Increases incrementally, from the current of age 70 1/2 to age 75 starting in 2007, the required beginning date for distributions from qualified plans.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to accelerate the increases in contribution limits to retirement plans and to increase the required beginning date for distributions from qualified plans."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Regulatory Flexibility Amendments Act of 1996''. SEC. 2. JUDICIAL REVIEW. (a) Amendment.--Section 611 of title 5, United States Code, is amended to read as follows: ``Sec. 611. Judicial review ``(a)(1) Not later than one year, notwithstanding any other provision of law, after the effective date of a final rule with respect to which an agency-- ``(A) certified, pursuant to section 605(b), that such rule would not have a significant economic impact on a substantial number of small entities; or ``(B) prepared a final regulatory flexibility analysis pursuant to section 604, an affected small entity may petition for the judicial review of such certification or analysis in accordance with the terms of this subsection. A court having jurisdiction to review such rule for compliance with the provisions of section 553 or under any other provision of law shall have jurisdiction to review such certification or analysis. In the case where an agency delays the issuance of a final regulatory flexibility analysis pursuant to section 608(b), a petition for judicial review under this subsection shall be filed not later than one year, notwithstanding any other provision of law, after the date the analysis is made available to the public. ``(2) For purposes of this subsection, the term `affected small entity' means a small entity that is or will be adversely affected by the final rule. ``(3) Nothing in this subsection shall be construed to affect the authority of any court to stay the effective date of any rule or provision thereof under any other provision of law. ``(4)(A) In the case where the agency certified that such rule would not have a significant economic impact on a substantial number of small entities, the court may order the agency to prepare a final regulatory flexibility analysis pursuant to section 604 if the court determines, on the basis of the rulemaking record, that the certification was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. ``(B) In the case where the agency prepared a final regulatory flexibility analysis, the court may order the agency to take corrective action consistent with the requirements of section 604 if the court determines, on the basis of the rulemaking record, that the final regulatory flexibility analysis was prepared by the agency without observance of procedure required by section 604. ``(5) If, by the end of the 90-day period beginning on the date of the order of the court pursuant to paragraph (4) (or such longer period as the court may provide), the agency fails, as appropriate-- ``(A) to prepare the analysis required by section 604; or ``(B) to take corrective action consistent with the requirements of section 604, the court may stay the rule or grant such other relief as it deems appropriate. ``(6) In making any determination or granting any relief authorized by this subsection, the court shall take due account of the rule of prejudicial error. ``(b) In an action for the judicial review of a rule, any regulatory flexibility analysis for such rule (including an analysis prepared or corrected pursuant to subsection (a)(4)) shall constitute part of the whole record of agency action in connection with such review. ``(c) Nothing in this section bars judicial review of any other impact statement or similar analysis required by any other law if judicial review of such statement or analysis is otherwise provided by law.''. (b) Effective Date.--The amendment made by subsection (a) shall apply only to final agency rules issued after the date of enactment of this Act. SEC. 3. RULES COMMENTED ON BY SBA CHIEF COUNSEL FOR ADVOCACY. (a) In General.--Section 612 of title 5, United States Code, is amended by adding at the end the following new subsection: ``(d) Action by the SBA Chief Counsel for Advocacy.-- ``(1) Transmittal of proposed rules and initial regulatory flexibility analysis to sba chief counsel for advocacy.--On or before the 30th day preceding the date of publication by an agency of general notice of proposed rulemaking for a rule, the agency shall transmit to the Chief Counsel for Advocacy of the Small Business Administration-- ``(A) a copy of the proposed rule; and ``(B)(i) a copy of the initial regulatory flexibility analysis for the rule if required under section 603; or ``(ii) a determination by the agency that an initial regulatory flexibility analysis is not required for the proposed rule under section 603 and an explanation for the determination. ``(2) Statement of effect.--On or before the 15th day following receipt of a proposed rule and initial regulatory flexibility analysis from an agency under paragraph (1), the Chief Counsel for Advocacy may transmit to the agency a written statement of the effect of the proposed rule on small entities. ``(3) Response.--If the Chief Counsel for Advocacy transmits to an agency a statement of effect on a proposed rule in accordance with paragraph (2), the agency shall publish the statement, together with the response of the agency to the statement, in the Federal Register at the time of publication of general notice of proposed rulemaking for the rule. ``(4) Special rule.--Any proposed rules issued by an appropriate Federal banking agency (as that term is defined in section 3(q) of the Federal Deposit Insurance Act (12 U.S.C. 1813(q)), the National Credit Union Administration, or the Office of Federal Housing Enterprise Oversight, in connection with the implementation of monetary policy or to ensure the safety and soundness of federally insured depository institutions, any affiliate of such an institution, credit unions, or government sponsored housing enterprises or to protect the Federal deposit insurance funds shall not be subject to the requirements of this subsection.''. (b) Conforming Amendment.--Section 603(a) of title 5, United States Code, is amended by inserting ``in accordance with section 612(d)'' before the period at the end of the last sentence. SEC. 4. SENSE OF CONGRESS REGARDING SBA CHIEF COUNSEL FOR ADVOCACY. It is the sense of Congress that the Chief Counsel for Advocacy of the Small Business Administration should be permitted to appear as amicus curiae in any action or case brought in a court of the United States for the purpose of reviewing a rule.

Regulatory Flexibility Amendments Act of 1996 - Permits an affected small business, within one year after the effective date of a final rule, to petition for judicial review of an agency's: (1) certification that such rule would not have a significant economic impact on a substantial number of small businesses; or (2) final regulatory flexibility analysis for such rule. Authorizes the court to: (1) order an agency to prepare a final regulatory analysis for a rule for which such a certification was arbitrary, capricious, or an abuse of discretion; (2) order an agency to take appropriate corrective action for a final regulatory flexibility analysis that was prepared without observance of the proper procedure; and (3) stay the rule or grant other appropriate relief if the agency fails to take such action within 90 days. Requires an agency, on or before the 30th day preceding the date of publication of a general notice of proposed rulemaking, to transmit to the Chief Counsel for Advocacy of the Small Business Administration: (1) a copy of the proposed rule; and (2) a copy of the initial regulatory flexibility analysis for the rule or a determination that such an analysis is not required. Directs the Chief Counsel, within 15 days thereafter, to transmit to such agency a written statement of the effect of the proposed rule on small entities. Requires publication of such response in the Federal Register. Provides a special rule with respect to proposed rules of certain Federal banking agencies. Expresses the sense of the Congress that the Chief Counsel should be permitted to appear as amicus curiae in any action brought for the purpose of reviewing a rule.

{"src": "billsum_train", "title": "Regulatory Flexibility Amendments Act of 1996"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Church Arson Prevention Act of 1996''. SEC. 2. FINDINGS. The Congress finds the following: (1) The incidence of arson or other destruction or vandalism of places of religious worship, and the incidence of violent interference with an individual's lawful exercise or attempted exercise of the right of religious freedom at a place of religious worship pose a serious national problem. (2) The incidence of arson of places of religious worship has recently increased, especially in the context of places of religious worship that serve predominantly African-American congregations. (3) Changes in Federal law are necessary to deal properly with this problem. (4) Although local jurisdictions have attempted to respond to the challenges posed by such acts of destruction or damage to religious property, the problem is sufficiently serious, widespread, and interstate in scope to warrant Federal intervention to assist State and local jurisdictions. (5) Congress has authority, pursuant to the Commerce Clause of the Constitution, to make acts of destruction or damage to religious property a violation of Federal law. (6) Congress has authority, pursuant to section 2 of the 13th amendment to the Constitution, to make actions of private citizens motivated by race, color, or ethnicity that interfere with the ability of citizens to hold or use religious property without fear of attack, violations of Federal criminal law. SEC. 3. PROHIBITION OF VIOLENT INTERFERENCE WITH RELIGIOUS WORSHIP. Section 247 of title 18, United States Code, is amended-- (1) in subsection (a), by striking ``subsection (c) of this section'' and inserting ``subsection (d)''; (2) by redesignating subsections (c), (d), and (e), as subsections (d), (e), and (f), respectively; (3) by striking subsection (b) and inserting the following: ``(b) The circumstances referred to in subsection (a) are that the offense is in or affects interstate or foreign commerce. ``(c) Whoever intentionally defaces, damages, or destroys any religious real property because of the race, color, or ethnic characteristics of any individual associated with that religious property, or attempts to do so, shall be punished as provided in subsection (d).''; (4) in subsection (d), as redesignated-- (A) in paragraph (2)-- (i) by inserting ``to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this section,'' after ``bodily injury''; and (ii) by striking ``ten years'' and inserting ``20 years''; (B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (C) by inserting after paragraph (1) the following: ``(2) if bodily injury results to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this section, and the violation is by means of fire or an explosive, a fine under this title or imprisonment for not more that 40 years, or both;''; (5) in subsection (f), as redesignated-- (A) by striking ``religious property'' and inserting ``religious real property'' both places it appears; and (B) by inserting ``, including fixtures or religious objects contained within a place of religious worship'' before the period; and (6) by adding at the end the following new subsection: ``(g) No person shall be prosecuted, tried, or punished for any noncapital offense under this section unless the indictment is found or the information is instituted not later than 7 years after the date on which the offense was committed.''. SEC. 4. LOAN GUARANTEE RECOVERY FUND. (a) In General.-- (1) In general.--Using amounts described in paragraph (2), the Secretary of Housing and Urban Development (referred to as the ``Secretary'') shall make guaranteed loans to financial institutions in connection with loans made by such institutions to assist organizations described in section 501(c)(3) of the Internal Revenue Code of 1986 that have been damaged as a result of acts of arson or terrorism in accordance with such procedures as the Secretary shall establish by regulation. (2) Use of credit subsidy.--Notwithstanding any other provision of law, for the cost of loan guarantees under this section, the Secretary may use not more than $5,000,000 of the amounts made available for fiscal year 1996 for the credit subsidy provided under the General Insurance Fund and the Special Risk Insurance Fund. (b) Treatment of Costs.--The costs of guaranteed loans under this section, including the cost of modifying loans, shall be as defined in section 502 of the Congressional Budget Act of 1974. (c) Limit on Loan Principal.--Funds made available under this section shall be available to subsidize total loan principal, any part of which is to be guaranteed, not to exceed $10,000,000. (d) Terms and Conditions.--The Secretary shall-- (1) establish such terms and conditions as the Secretary considers to be appropriate to provide loan guarantees under this section, consistent with section 503 of the Credit Reform Act; and (2) include in the terms and conditions a requirement that the decision to provide a loan guarantee to a financial institution and the amount of the guarantee does not in any way depend on the purpose, function, or identity of the organization to which the financial institution has made, or intends to make, a loan. SEC. 5. COMPENSATION OF VICTIMS; REQUIREMENT OF INCLUSION IN LIST OF CRIMES ELIGIBLE FOR COMPENSATION. Section 1403(d)(3) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(d)(3)) is amended by inserting ``crimes, whose victims suffer death or personal injury, that are described in section 247 of title 18, United States Code,'' after ``includes''. SEC. 6. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST STATE AND LOCAL LAW ENFORCEMENT. There are authorized to be appropriated to the Department of the Treasury and the Department of Justice, including the Community Relations Service, in fiscal years 1996 and 1997 such sums as are necessary to increase the number of personnel, investigators, and technical support personnel to investigate, prevent, and respond to potential violations of sections 247 and 844 of title 18, United States Code. SEC. 7. REAUTHORIZATION OF HATE CRIMES STATISTICS ACT. The first section of the Hate Crimes Statistics Act (28 U.S.C. 534 note) is amended-- (1) in subsection (b), by striking ``for the calendar year 1990 and each of the succeeding 4 calendar years'' and inserting ``for each calendar year''; and (2) in subsection (c), by striking ``1994'' and inserting ``2002''. SEC. 8. SENSE OF THE CONGRESS. The Congress-- (1) commends those individuals and entities that have responded with funds to assist in the rebuilding of places of worship that have been victimized by arson; and (2) encourages the private sector to continue these efforts so that places of worship that are victimized by arson, and their affected communities, can continue the rebuilding process with maximum financial support from private individuals, businesses, charitable organizations, and other non-profit entities. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Church Arson Prevention Act of 1996 - Makes Federal criminal code prohibitions against, and penalties for, damaging religious property or obstructing any person's free exercise of religious beliefs applicable where the offense is in, or affects, interstate commerce. (Currently such provisions apply only where: (1) the defendant, in committing the offense, travels in interstate or foreign commerce or uses a facility or instrumentality of interstate or foreign commerce in interstate or foreign commerce; and (2) the loss exceeds $10,000.) Prohibits intentionally defacing, damaging, or destroying religious real property (or attempting to do so) because of the race, color, or ethnic characteristics of any individual associated with such property. Increases penalties for violations of such provisions where bodily injury to any person, including a public safety officer, results or where such acts include the use, or attempted or threatened use, of a dangerous weapon, explosives, or fire. Includes within the definition of "religious real property" fixtures or religious objects contained within a place of religious worship. Sets a seven-year statute of limitations for the prosecution, trial, or punishment of a person for any noncapital offense under such provisions. Directs the Secretary of Housing and Urban Development to make guaranteed loans to financial institutions in connection with loans made to assist certain tax exempt religious or other organizations that have been damaged by arson or terrorism. Authorizes the Secretary to use for such loan guarantees up to $5 million of the amounts made available for FY 1996 for the credit subsidy provided under the General Insurance Fund and the Special Risk Insurance Fund. Amends the Victims of Crime Act of 1984 to include as "compensable crimes" under such Act crimes under this Act where victims suffer death or personal injury. Authorizes appropriations to the Departments of the Treasury and Justice, including the Community Relations Service, to increase personnel to investigate, prevent, and respond to potential violations of this Act and Federal explosives prohibitions. Reauthorizes the Hate Crimes Statistics Act. Commends those individuals and entities that have responded with funds to assist in the rebuilding of places of worship that have been victimized by arson. Encourages the private sector to continue such efforts.

{"src": "billsum_train", "title": "Church Arson Prevention Act of 1996"}

SECTION 1. TEMPORARY DUTY SUSPENSION FOR CERTAIN PIGMENTS. (a) In General.--Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new headings: `` 9902.32.11 Hostaperm Yellow H4G (CAS No. No change No change On or before 031837-42-0; Pigment Yellow 12/31/98 151) (provided for in subheading 3204.17.50)...... Free 9902.32.12 PV Fast Yellow H3R (CAS No. No change No change On or before 074441-05-7; Pigment Yellow 12/31/98 181) (provided for in subheading 3204.17.30)...... Free 9902.32.13 Hostaperm yellow H3G (CAS No. No change No change On or before 068134-22-5; Pigment Yellow 12/31/98 154) (provided for in subheading 3204.17.30)...... Free 9902.32.14 Hostaperm Yellow H6G (CAS No. No change No change On or before 035636-63-6; Pigment Yellow 12/31/98 175) (provided for in subheading 3204.17.30)...... Free 9902.32.15 PV Fast Yellow HG (CAS No. No change No change On or before 077804-81-0; Pigment Yellow 12/31/98 180) (provided for in subheading 3204.17.30)...... Free 9902.32.16 PV Fast Yellow HGR (CAS No. No change No change On or before 129423-54-7; Pigment Yellow 12/31/98 191) (provided for in subheading 3204.17.30)...... Free 9902.32.17 PV Fast Red HF4B (CAS No. No change No change On or before 059487-23-9; Pigment Red 12/31/98 187) (provided for in subheading 3204.17.30)...... Free 9902.32.18 PV Red HG (CAS No. 043035-18- No change No change On or before 3; Pigment Red 247) 12/31/98 (provided for in subheading 3204.17.30)................. Free 9902.32.19 PV Red HB (CAS No. 043035-18- No change No change On or before 3; Pigment Red 247) 12/31/98 (provided for in subheading 3204.17.30)................. Free 9902.32.20 PV Fast Orange H4G-L (CAS No. No change No change On or before 078245-94-0; Pigment Orange 12/31/98 72) (provided for in subheading 3204.17.30)...... Free 9902.32.21 Permanent Yellow NCG-71 (CAS No change No change On or before No. 005979-28-2; Pigment 12/31/98 Yellow 16) (provided for in subheading 3204.17.10)...... Free 9902.32.22 PV Carmine HF4C (CAS No. No change No change On or before 051920-12-8; Pigment Red 12/31/98 185) (provided for in subheading 3204.17.10)...... Free 9902.32.23 Novoperm Red HF28-01 (CAS No. No change No change On or before 031778-10-6; Pigment Red 12/31/98 208) (provided for in subheading 3204.17.10)...... Free 9902.32.24 Novoperm Red HF3S (CAS No. No change No change On or before 061847-48-1; Pigment Red 12/31/98 188) (provided for in subheading 3204.17.10)...... Free 9902.32.25 Novoperm Red HF3S-70 (CAS No. No change No change On or before 061847-48-1; Pigment Red 12/31/98 188) (provided for in subheading 3204.17.10)...... Free (b) Effective Date.--The amendment made by this section applies with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.

Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 1998, the duties on various specified red and yellow pigments.

{"src": "billsum_train", "title": "A bill to suspend temporarily the duty on certain pigments."}

SECTION. 1. PURPOSE The purpose of this Act is to strengthen provisions of the Federal Nonnuclear Energy Research and Development Act of 1974 to authorize and undertake a long-term research, development, and demonstration program to-- (1) develop new and enhance existing technologies that reduce or avoid anthropogenic emissions of greenhouse gases; (2) develop new technologies that could remove and sequester greenhouse gases from emissions streams; and (3) develop new technologies and practices to remove and sequester greenhouse gases from the atmosphere. SEC. 2. CLIMATE TECHNOLOGY RESEARCH, DEVELOPMENT AND DEMONSTRATION PROGRAM. Subtitle B of title XXI of the Energy Policy Act of 1992 (42 U.S.C. 13471) is amended by adding the following new subsection: ``SEC. 2120. CLIMATE TECHNOLOGY RESEARCH, DEVELOPMENT AND DEMONSTRATION PROGRAM. ``(a) Purpose.--The purpose of this section is to direct the Secretary to further the goals of development and commercialization of technologies, through widespread application and utilization of which will assist in stabilizing global concentrations of greenhouse gases, by the conduct of a long-term research, development, and demonstration program undertaken with selected industry participants or consortia. ``(b) Program.--The Secretary, in consultation with the Advisory Board established under section 2302, shall establish a long-term Climate Technology Research, Development, and Demonstration Program, in accordance with sections 3001 and 3002. ``(c) Program Objectives.--The program shall foster-- ``(1) development of new technologies and the enhancement of existing technologies that reduce or avoid anthropogenic emissions of greenhouse gases and improve energy efficiency; ``(2) development of new technologies that are able to remove and sequester greenhouse gases from emissions streams; and ``(3) development of new technologies and practices to remove and sequester greenhouse gases from the atmosphere. ``(d) Program Plan.-- ``(1) Initial plan.--Not later than 180 days after the date of enactment of this section, the Secretary, in consultation with appropriate representatives of industry, institutions of higher education, Department of Energy national laboratories, and professional and technical societies, shall prepare and submit to the Congress a 10-year program plan to guide activities under this section. ``(2) Biennial update.--The Secretary shall biennially update and resubmit the program plan to the Congress. ``(e) Proposals.-- ``(1) Solicitation.--Not later than one year after the date of submittal of the 10-year program plan, and consistent with sections 3001 and 3002, the Secretary shall solicit proposals for conducting activities consistent with the 10-year program plan and select one or more proposals not later than 180 days after such solicitations. ``(2) Qualifications.--In order for a proposal to be considered by the Secretary, an applicant shall provide evidence that the applicant has in existence-- ``(A) the technical capability to enable it to make use of existing research support and facilities in carrying out its research objectives; ``(B) a multi-disciplinary research staff experienced in-- ``(i) energy generation, transmission, distribution and end-use technologies; or ``(ii) technologies or practices able to sequester, avoid, or capture greenhouse gas emissions; or ``(iii) other directly related technologies or practices; ``(C) access to facilities and equipment to enable the conduct of laboratory-scale testing or demonstration of technologies or related processes undertaken through the program. ``(3) Proposal criteria.--Each proposal shall-- ``(A) demonstrate the support of the relevant industry by describing-- ``(i) how the relevant industry has participated in deciding what research activities will be undertaken; ``(ii) how the relevant industry will participate in the evaluation of the applicant's progress in research and development activities; and ``(iii) the extent to which industry funds are committed to the applicant's submission; ``(B) have a commitment for matching funds from non-Federal sources, which shall consist of-- ``(i) cash; or ``(ii) as determined by the Secretary, the fair market value of equipment, services, materials, appropriate technology transfer activities, and other assets directly related to the proposal's cost; ``(C) include a single-year and multi-year management plan that outline how the research and development activities will be administered and carried out; ``(D) state the annual cost of the proposal and a breakdown of those costs; and ``(E) describe the technology transfer mechanisms that the applicant will use to make available research results to industry and to other researchers. ``(4) Contents of proposal.--A proposal under this subsection shall include-- ``(A) an explanation of how the proposal will expedite the research, development, demonstration, and commercialization of technologies capable of-- ``(i) reducing or avoiding anthropogenic emissions of greenhouse gases; ``(ii) removing and sequestering greenhouse gases from emissions streams; or ``(iii) removing and sequestering greenhouse gases from the atmosphere. ``(B) evidence of consideration of whether the unique capabilities of Department of Energy national laboratories warrant collaboration with those laboratories, and the extent of the collaboration proposed; ``(C) a description of the extent to which the proposal includes collaboration with relevant industry or other groups or organizations; ``(D) evidence of the ability of the applicant to undertake and complete the proposed project; ``(E) evidence of applicant's ability to successfully introduce the technology into commerce, as demonstrated by past experience and current relationships with industry; and ``(F) a demonstration of continued financial commitment during the entire term of the proposal from all industrial sectors involved in the technology development. ``(f) Selection of Proposals.--From the proposals submitted, the Secretary shall select for funding one or more proposals that-- ``(1) will best result in carrying out needed research, development, and demonstration related to technologies able to assist in the stabilization of global greenhouse gas concentrations through one or more of the following approaches-- ``(A) improvement in the performance of fossil- fueled energy technologies; ``(B) development of greenhouse gas capture and sequestration technologies and processes; ``(C) cost reduction and acceleration of deployment of renewable resource and distributed generation technologies; ``(D) development of an advanced nuclear generation design; and ``(E) improvement in the efficiency of electrical generation, transmission, distribution, and end use;'' ``(F) design and use of-- ``(i) closed-loop multi-stage industrial processes that minimize raw material consumption and waste streams; ``(ii) advanced co-production systems (such as coal-based chemical processing and biomass fuel processing); and ``(iii) recycling and industrial-ecology programs integrating energy efficiency. ``(2) represent research and development in specific areas identified in the program plan developed biennially by the Secretary and submitted to Congress under subsection (c); ``(3) demonstrate strong industry support; ``(4) ensure the timely transfer of technology to industry; and ``(5) otherwise best carry out this section. ``(g) Annual Progress Reports.--The Director of the Office of Science and Technology, in consultation with the Director of the Office of Management and Budget, shall prepare and submit an annual report to Congress that-- ``(1) certifies that the program objectives are adequately focused, peer-reviewed and merit-reviewed, and not unnecessarily duplicative with the science and technology research being conducted by other Federal agencies and agents, and ``(2) states whether the program as conducted in the prior year addresses an adequate breadth and range of technologies and solutions to address anthropogenic climate change, including-- ``(A) capture and sequestration of greenhouse gas emissions; ``(B) development of photovoltaic, high-efficiency coal, advanced nuclear, and fuel cell generation technologies; ``(C) cost reduction and acceleration of deployment of renewable resource and distributed generation technologies; and ``(D) improvement in the efficiency of electrical generation, transmission, distribution, and end use; ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $200,000,000 for each of fiscal years 2001 through 2010, to remain available until expended. This authorization is supplemental to existing authorities and shall not be construed as a cap on the Department of Energy's Research, Development and Demonstration programs.''. SEC. 3. COMPREHENSIVE PLAN AND IMPLEMENTING PROGRAM FOR ENERGY RESEARCH, DEVELOPMENT, AND DEMONSTRATION. Section 6 of the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5905) is amended-- (1) in subsection (a)-- (A) in paragraph (2), by striking ``and'' at the end; (B) in paragraph (3) by striking the period at the end and inserting ``, and''; and (C) by adding at the end the following: ``(4) solutions to the effective management of greenhouse gas emissions in the long term by the development of technologies and practices designed to-- ``(A) reduce or avoid anthropogenic emissions of greenhouse gases; ``(B) remove and sequester greenhouse gases from emissions streams; and ``(C) remove and sequester greenhouse gases from the atmosphere.''; and (2) in subsection (b)-- (A) in paragraph (2), by striking ``subsection (a)(1) through (3)'' and inserting ``paragraphs (1) through (4) of subsection (a); and (B) in paragraph (3)-- (i) in subparagraph (R), by striking ``and'' at the end; (ii) in subparagraph (S), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(T) to pursue a long-term climate technology strategy designed to demonstrate a variety of technologies by which stabilization of greenhouse gases might be best achieved, including-- ``(i) the accelerated commercial demonstration of low-cost and high efficiency photovoltaic power systems; ``(ii) advanced clean coal technology; ``(iii) advanced nuclear power plant design; ``(iv) fuel cell technology development for cost-effective application in residential, industrial and transportation applications; ``(v) low cost carbon sequestration practices and technologies including biotechnology, tree physiology, soil productivity and remote sensing; ``(vi) hydro and other renewables; ``(vii) electrical generation, transmission and distribution technologies and end use technologies; and ``(viii) bio-energy technology.'' SEC. 4. DEFINITIONS. For the purpose of this Act and the provisions of the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5901, et seq.) amended by this Act, the following terms are defined as follows: ``(1) Climate change.--The term `climate change' means a change of climate which is attributed directly or indirectly to human activity which is in addition to natural climate variability observed over comparable time periods. ``(2) Greenhouse gases.--The term `greenhouse gases' means those gaseous constituents of the atmosphere, both natural and anthropogenic, that absorb and re-emit infrared radiation. ``(3) Greenhouse gas sequestration.--The term `greenhouse gas sequestration' means extracting one or more greenhouse gases from the atmosphere or an emissions stream through a technological process designed to extract and isolate those gases from the atmosphere or an emissions stream; or the natural process of photosynthesis that extracts carbon dioxide from the atmosphere and stores it as carbon in trees, roots, stems, soils, foliage, and durable wood products.''.

Authorizes appropriations. Amends the Federal Nonnuclear Energy Research and Development Act of 1974 to include solutions to the effective long-term management of greenhouse gas emissions as one of the goals of the comprehensive plan for energy research, development, and demonstration (including stabilization, reduction and sequestration).

{"src": "billsum_train", "title": "To strengthen provisions in the Federal Nonnuclear Energy Research and Development Act of 1974 with respect to potential Climate Change."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Poverty Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) More than one billion people worldwide live on less than $1 per day, and another 1.6 billion people struggle to survive on less than $2 per day, according to the World Bank. (2) At the United Nations Millennium Summit in 2000, the United States joined more than 180 other countries in committing to work toward the United Nations Millennium Development Goals to improve life for the world's poorest people by 2015. (3) The United Nations Millennium Development Goals include the goal of reducing by one-half the proportion of people worldwide, between 1990 and 2015, that live on less than $1 per day, cutting in half the proportion of people suffering from hunger and unable to access safe drinking water and sanitation, reducing child mortality by two-thirds, ensuring basic education for all children, and reversing the spread of HIV/ AIDS and malaria, while sustaining the environment upon which human life depends. (4) On March 22, 2002, President George W. Bush stated: ``We fight against poverty because hope is an answer to terror. We fight against poverty because opportunity is a fundamental right to human dignity. We fight against poverty because faith requires it and conscience demands it. We fight against poverty with a growing conviction that major progress is within our reach.''. (5) The 2002 National Security Strategy of the United States notes: ``[A] world where some live in comfort and plenty, while half of the human race lives on less than $2 per day, is neither just nor stable. Including all of the world's poor in an expanding circle of development and opportunity is a moral imperative and one of the top priorities of United States international policy.''. (6) The 2006 National Security Strategy of the United States notes: ``America's national interests and moral values drive us in the same direction: to assist the world's poor citizens and least developed nations and help integrate them into the global economy.''. (7) The bipartisan Final Report of the National Commission on Terrorist Attacks Upon the United States recommends: ``A comprehensive United States strategy to counter terrorism should include economic policies that encourage development, more open societies, and opportunities for people to improve the lives of their families and enhance prospects for their children.''. (8) At the summit of the Group of Eight (G-8) nations in July 2005, leaders from all eight countries committed to increase aid to Africa from the current $25 billion annually to $50 billion by 2010, and to cancel 100 percent of the debt obligations owed to the World Bank, African Development Bank, and International Monetary Fund by 18 of the world's poorest nations. (9) At the United Nations World Summit in September 2005, the United States joined more than 180 other governments in reiterating their commitment to achieve the United Nations Millennium Development Goals by 2015. (10) The United States has recognized the need for increased financial and technical assistance to countries burdened by extreme poverty, as well as the need for strengthened economic and trade opportunities for those countries, through significant initiatives in recent years, including the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003, the Millennium Challenge Act of 2003, the Heavily Indebted Poor Countries Initiative, and trade preference programs for developing countries, such as the African Growth and Opportunity Act. (11) In January 2006, United States Secretary of State Condoleezza Rice initiated a restructuring of the United States foreign assistance program, including the creation of a Director of Foreign Assistance, who maintains authority over Department of State and United States Agency for International Development (USAID) foreign assistance funding and programs. (12) In January 2007, the Department of State's Office of the Director of Foreign Assistance added poverty reduction as an explicit, central component of the overall goal of United States foreign assistance. The official goal of United States foreign assistance is: ``To help build and sustain democratic, well-governed states that respond to the needs of their people, reduce widespread poverty and conduct themselves responsibly in the international system.''. SEC. 3. DECLARATION OF POLICY. It is the policy of the United States to promote the reduction of global poverty, the elimination of extreme global poverty, and the achievement of the United Nations Millennium Development Goal of reducing by one-half the proportion of people worldwide, between 1990 and 2015, who live on less than $1 per day. SEC. 4. REQUIREMENT TO DEVELOP COMPREHENSIVE STRATEGY. (a) Strategy.--The President, acting through the Secretary of State, and in consultation with the heads of other appropriate departments and agencies of the Government of the United States, international organizations, international financial institutions, the governments of developing and developed countries, United States and international nongovernmental organizations, civil society organizations, and other appropriate entities, shall develop and implement a comprehensive strategy to further the United States foreign policy objective of promoting the reduction of global poverty, the elimination of extreme global poverty, and the achievement of the United Nations Millennium Development Goal of reducing by one-half the proportion of people worldwide, between 1990 and 2015, who live on less than $1 per day. (b) Contents.--The strategy required by subsection (a) shall include, but not be limited to, specific and measurable goals, efforts to be undertaken, benchmarks, and timetables to achieve the objectives described in subsection (a). (c) Components.--The strategy required by subsection (a) should include, but not be limited to, the following components: (1) Continued investment in existing United States initiatives related to international poverty reduction, such as the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003, the Millennium Challenge Act of 2003, the Heavily Indebted Poor Countries Initiative, and trade preference programs for developing countries, such as the African Growth and Opportunity Act. (2) Improving the effectiveness of development assistance and making available additional overall United States assistance levels as appropriate. (3) Enhancing and expanding debt relief as appropriate. (4) Leveraging United States trade policy where possible to enhance economic development prospects for developing countries. (5) Coordinating efforts and working in cooperation with developed and developing countries, international organizations, and international financial institutions. (6) Mobilizing and leveraging the participation of businesses, United States and international nongovernmental organizations, civil society, and public-private partnerships. (7) Coordinating the goal of poverty reduction with other development goals, such as combating the spread of preventable diseases such as HIV/AIDS, tuberculosis, and malaria, increasing access to potable water and basic sanitation, reducing hunger and malnutrition, and improving access to and quality of education at all levels regardless of gender. (8) Integrating principles of sustainable development into policies and programs. (d) Reports.-- (1) Initial report.--Not later than one year after the date of the enactment of this Act, the President, acting through the Secretary of State, shall transmit to the appropriate congressional committees a report that describes the strategy required by subsection (a). (2) Subsequent reports.--Not less than once every two years after the submission of the initial report under paragraph (1) until and including 2015, the President shall transmit to the appropriate congressional committees a report on the status of the implementation of the strategy, progress made in achieving the global poverty reduction objectives described in subsection (a), and any changes to the strategy since the date of the submission of the last report. SEC. 5. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. (2) Extreme global poverty.--The term ``extreme global poverty'' refers to the conditions in which individuals live on less than $1 per day, adjusted for purchasing power parity in 1993 United States dollars, according to World Bank statistics. (3) Global poverty.--The term ``global poverty'' refers to the conditions in which individuals live on less than $2 per day, adjusted for purchasing power parity in 1993 United States dollars, according to World Bank statistics. Passed the House of Representatives September 25, 2007. Attest: LORRAINE C. MILLER, Clerk.

Global Poverty Act of 2007 - Directs the President, through the Secretary of State, to develop and implement a comprehensive strategy to further the U.S. foreign policy objective of promoting the reduction of global poverty, the elimination of extreme global poverty, and the achievement of the United Nations Millennium Development Goal of reducing by one-half the proportion of people worldwide who live on less than $1 per day. Sets forth reporting requirements.

{"src": "billsum_train", "title": "To require the President to develop and implement a comprehensive strategy to further the United States foreign policy objective of promoting the reduction of global poverty, the elimination of extreme global poverty, and the achievement of the United Nations Millennium Development Goal of reducing by one-half the proportion of people worldwide, between 1990 and 2015, who live on less than $1 per day."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``United We Stand to Hire Veterans Act''. SEC. 2. CONSOLIDATED AND COORDINATED FEDERAL GOVERNMENT INTERNET PORTAL TO CONNECT CURRENT AND FORMER MEMBERS OF THE ARMED FORCES WITH EMPLOYERS SEEKING EMPLOYEES WITH SKILLS AND EXPERIENCE DEVELOPED THROUGH MILITARY SERVICE. (a) Findings.--Congress makes the following findings: (1) Although significant progress has been made, unemployment among veterans remains stubbornly high. (2) The unemployment rate among younger veterans, ages 18 to 24, remains well above the national average. (3) This problem impacts the Department of Defense budget. Over the past 10 years, the Federal Government has expended more than $9,600,000,000 on unemployment compensation benefits for former members of the Armed Forces. (4) The Department makes significant investments in members of the Armed Forces including specialized technical training in skills that are easily transferrable to civilian career fields. (5) Beyond specific technical training, veterans gain unique leadership, organizational, and other skills that make them valued employees in the private sector. (6) Government agencies, private sector entities, and nonprofit organizations are responding to the issue of unemployment among veterans. (7) There are now so many programs to assist veterans in finding employment, many within the Government, that veterans may not know where to turn to find assistance in finding employment. While these programs are well intentioned, many are duplicative in nature, and compete for scarce resources. (8) The Department of Labor, the Department of Veterans Affairs, the Department of Defense, and the Office of Personnel Management are currently working to consolidate the veterans' employment initiatives of the Government into a single, consolidated Internet portal with the goal of connecting veterans who are seeking employment with employers who want to employ them. (9) The consolidated portal would prevent Federal Government agencies from competing with each other to accomplish the same goal, and will save the Federal Government money while providing a comprehensive, coordinated tool for employers and veterans seeking employment. (10) The Federal Government can accomplish this by leveraging the best practices of current programs. (11) While progress has been made, there is no statutory requirement to streamline these Government programs and coordinate the resources that are all intended to achieve the same goal. (b) Consolidated Internet Portal Required.--Commencing not later than one year after the date of the enactment of this Act, the Secretary of Labor shall, in conjunction with the Secretary of Defense and the Secretary of Veterans Affairs, consolidate Internet portals of the Federal Government on employment for current and former members of the Armed Forces into a comprehensive consolidated Internet portal for the purposes of connecting current and former members of the Armed Forces who are seeking employment with employers who want to employ them. (c) Elements.-- (1) In general.--The consolidated Internet portal under subsection (b) should include the following: (A) A means through which current and former members of the Armed Forces may connect for employment purposes with employers seeking the experience and skills developed during service in the Armed Forces, including a means of presenting a profile of each member or former member to employers that includes, at a minimum-- (i) the skills obtained by such member or former member during service in the Armed Forces and additional skills such member or former member is interested in pursuing; and (ii) the current or intended residence of such member or former member (including an option for members or former members who are willing to reside in various locations). (B) A means of permitting qualified prospective employers to post employment openings and seek contact with members or former members based on their profile for the purposes of requesting the initiation of arrangements or negotiations concerning potential employment. (C) A means of presenting other employment resources, including resume preparation, to members or former members seeking employment. (2) Matters considered.--In developing the consolidated Internet portal, the Secretaries referred to in subsection (b) should consider, at a minimum, the following: (A) Public and private sector resources on matters relating to the portal. (B) Opportunities to incorporate local employment networks into the portal. (C) Methodologies to determine the most effective employment resources and programs to be incorporated into the portal. (D) Means for streamlining processes through the portal for employers to find and employ former members of the Armed Forces. (d) Member Participation.--Participation by a member or former member of the Armed Force in the consolidated Internet portal under subsection (b) shall be voluntary. A member or former member participating in the portal may cease participation in the portal at any time. (e) Pilot Project Authority.-- (1) In general.--In order to expedite implementation of the consolidated Internet portal under subsection (b), the Secretaries may carry out one or more pilot projects to evaluate the feasibility and advisability of various options for the portal. Any such pilot project may only be a continuation or modification of an existing program. (2) Sunset.--The authority to carry out pilot projects under this subsection shall expire on the date that is five years after the date of the enactment of this Act. (f) Reports.-- (1) Preliminary report.--Not later than six months after the date of the enactment of this Act, the Secretaries shall submit to the appropriate committees of Congress a report on the consolidated Internet portal under subsection (b). The report shall include the following: (A) A list of the Internet portals of the Federal Government that are redundant to, or duplicative of, the consolidated Internet portal. (B) An estimate of the cost-savings to be achieved by the Federal Government through the consolidated Internet portal, including through the elimination or consolidation into the consolidated Internet portal of the Internet portals listed under subparagraph (A). (2) Report following implementation of portal.--Not later than one year after the date of the implementation of the portal under subsection (b), the Secretaries shall submit to the appropriate committees of Congress a report on the portal. (3) Elements.--Each report under this subsection shall include a description of the portal and such other information on the portal as the Secretaries consider appropriate. (4) Appropriate committees of congress defined.--In this subsection, the term ``appropriate committees of Congress'' means-- (A) the Committee on Armed Services, the Committee on Health, Education, Labor, and Pensions, the Committee on Veterans' Affairs, and the Committee on Appropriations of the Senate; and (B) the Committee on Armed Services, the Committee on Education and the Workforce, the Committee on Veterans' Affairs, and the Committee on Appropriations of the House of Representatives.

United We Stand to Hire Veterans Act - Requires the Secretary of Labor, in conjunction with the Secretaries of Defense (DOD) and Veterans Affairs (VA), to consolidate government Internet portals on employment for current and former members of the Armed Forces into one comprehensive portal for the purposes of connecting members who are seeking employment with employers who want to employ them. Authorizes the Secretaries, in order to expedite implementation of such consolidated portal, to carry out pilot projects to evaluate the feasibility and advisability of various portal options by continuing or modifying existing programs.

{"src": "billsum_train", "title": "United We Stand to Hire Veterans Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``SSI Savers Act of 2010''. SEC. 2. INCREASE IN RESOURCE LIMITS; INFLATION ADJUSTMENT. (a) Increase in Resource Limits.--Section 1611(a)(3) of the Social Security Act (42 U.S.C. 1382(a)(3)) is amended-- (1) in subparagraph (A)-- (A) by striking ``and'' the last place it appears; and (B) by inserting ``, and to $7,500 on January 1, 2011'' before the period; and (2) in subparagraph (B)-- (A) by striking ``and'' the last place it appears; and (B) by inserting ``, and to $5,000 on January 1, 2011'' before the period. (b) Inflation Adjustment.--Section 1611(a)(3) of such Act (42 U.S.C. 1382(a)(3)) is amended by adding at the end the following: ``(C) Adjustment for inflation.-- ``(i) In general.--Whenever dollar amounts in effect under paragraphs (1)(A) and (2)(A) of this subsection are increased by a percentage under section 1617, each of the dollar amounts in effect under this paragraph shall be increased by the same percentage, and rounded to the closest multiple of $100. ``(ii) Requirement.--Each adjustment under clause (i) shall be based on the unrounded amount for the prior 12-month period.''. SEC. 3. LIMITED EXCLUSION FROM RESOURCES OF CERTAIN DEFERRED COMPENSATION AND EDUCATION SAVINGS ARRANGEMENTS. Section 1613 of the Social Security Act (42 U.S.C. 1382b) is amended-- (1) in subsection (a)-- (A) in paragraph (15), by striking ``and'' at the end; (B) in paragraph (16), by striking the period and inserting a semicolon; and (C) by inserting after paragraph (16) the following: ``(17) if the individual is not described in section 1611(e)(1)(B) of this Act, the value of any assets in a plan, contract, or account, annuity, or trust described in section 401(a), 403(a), 403(b), 408, 408A, 414(d), 457(b), or 501(c)(18) of the Internal Revenue Code of 1986, any retirement program or account included in any successor or similar provision that may be enacted and determined to be exempt from tax under the Internal Revenue Code of 1986, and any other retirement plan, contract, account, annuity, or trust, as determined in the sole discretion of the Commissioner, except that if the individual has attained 65 years of age, the total amount excluded under this paragraph shall not exceed-- ``(A) $50,000 (or, if greater, the amount determined under subsection (f) of this section) if the individual does not have an eligible spouse; or ``(B) $75,000 (or, if greater, the amount determined under such subsection (f)) if the individual has an eligible spouse; and ``(18) if the individual has not attained 65 years of age, the value of-- ``(A) any funds in a qualified tuition program (as defined in section 529 of the Internal Revenue Code of 1986) or in a Coverdell education savings account (as defined in section 530 of such Code); ``(B) any other education program, contract, or account, as determined in the sole discretion of the Commissioner; and ``(C) any individual development account established pursuant to the Assets for Independence Act or section 333B of the Consolidated Farm and Rural Development Act, or under an individual development account program administered by a Federal agency.''; and (2) by adding at the end the following: ``(f) Adjustment for Inflation.-- ``(1) In general.--Whenever dollar amounts in effect under paragraphs (1)(A) and (2)(A) of section 1611(a) are increased by a percentage under section 1617, each of the dollar amounts in effect under subsection (a)(17) of this section shall be increased by the same percentage, and rounded to the closest multiple of $100. ``(2) Requirement.--Each adjustment under paragraph (1) shall be based on the unrounded amount for the prior 12-month period.''. SEC. 4. INCOME RULES APPLICABLE TO CERTAIN DEFERRED COMPENSATION ARRANGEMENTS. (a) Imputation of Income in Certain Cases.--Section 1612 of the Social Security Act (42 U.S.C. 1382a) is amended by adding at the end the following: ``Imputation of Income From Certain Deferred Compensation Arrangements ``(c)(1) If the aggregate value of the assets described in section 1613(a)(17) of an eligible individual who has attained 65 years of age and is not described in section 1611(e)(1)(B) exceeds-- ``(A) $10,000 (or, if greater, the amount determined under paragraph (2) of this subsection) if the individual does not have an eligible spouse; or ``(B) $15,000 (or, if greater, the amount determined under such paragraph (2)) if the individual has an eligible spouse, but does not exceed the dollar amount in effect with respect to the individual under section 1613(a)(17), the assets shall be considered income in an amount equal to the annuity value of the assets (as determined under regulations of the Commissioner of Social Security). ``(2)(A) Whenever dollar amounts in effect under paragraphs (1)(A) and (2)(A) of section 1611(a) are increased by a percentage under section 1617, each of the dollar amounts in effect under paragraph (1) of this subsection shall be increased by the same percentage, and rounded to the closest multiple of $100. ``(B) Each adjustment under paragraph (1) shall be based on the unrounded amount for the prior 12-month period.''. (b) Exclusion of One-Third of Distributions.--Section 1612(b) of such Act (42 U.S.C. 1382a(b)) is amended-- (1) by striking ``and'' at the end of paragraph (24); (2) by striking the period at the end of paragraph (25) and inserting ``; and''; and (3) by adding at the end the following: ``(26) one-third of the value of any assets described in section 1613(a)(17) distributed to such individual (or such spouse).''. SEC. 5. ELIMINATION OF REQUIREMENT THAT SSI RECIPIENTS APPLY FOR PERIODIC PAYMENTS FROM CERTAIN DEFERRED COMPENSATION ARRANGEMENTS. Section 1611(e)(2) of the Social Security Act (42 U.S.C. 1382(e)(2)) is amended by inserting ``(other than payments from a plan, contract, account, annuity, or trust referred to in section 1613(a)(17))'' after ``section 1612(a)(2)(B)''. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall apply to benefits for calendar months beginning after the date of the enactment of this Act.

SSI Savers Act of 2010 - Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act to: (1) increase resource limits for aged, blind, or disabled individuals who do not have an eligible spouse; (2) require an inflation adjustment for such individuals, regardless of whether a spouse is eligible; (3) provide a limited exclusion from resources of certain deferred compensation and education savings arrangements; (4) set forth income rules imputing income from certain deferred compensation arrangements; and (5) eliminate the requirement that SSI recipients apply for periodic payments from certain deferred compensation arrangements.

{"src": "billsum_train", "title": "To modify certain requirements for countable resources and income under the Supplemental Security Income program, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Research Financing Improvement Act of 1995''. SEC. 2. DEFINITIONS. For the purposes of this Act, the following definition shall apply: (1) Beneficiary industry.--The term ``beneficiary industry'' means an industry with respect to which a covered research activity is intended to contribute directly to the commercial success, advancement, or competitiveness of the industry. (2) Construction.--With respect to the construction of a new Federal research facility, the term ``construction'' means the supervising, inspecting, and actual building of the facility, and all expenses incidental to those activities. (3) Cooperative agreement.--The term ``cooperative agreement'' means a cooperative agreement between the Federal Government and representatives of a beneficiary industry entered into under section 3(a). (4) Covered research activity.--The term ``covered research activity'' means a research activity conducted by a Federal research facility that is intended to contribute directly to the commercial success, advancement, or competitiveness of one or more beneficiary industries, including-- (A) theoretical analysis, experimentation, or the systematic study of phenomena or observable facts; (B) the development or testing of basic engineering techniques; and (C) the extension of investigative findings or theory of a scientific or technical nature into practical application for experimental and demonstration purposes, including the experimental production and testing of models, prototypes, equipment, materials, and processes. (5) Federal research facility.--The term ``Federal research facility''-- (A) means any federally funded research and development center that is operated by the Federal Government or by a contractor; (B) includes any laboratory covered under section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a); and (C) does not include-- (i) any federally funded facility with respect to which the primary mission is to assist industrial concerns in complying with Federal law; (ii) any federally funded facility that conducts research activities that the President determines to be of paramount interest to the United States for reasons of national security; and (iii) any facility covered by Executive Order No. 12344, dated February 1, 1982, pertaining to the naval nuclear propulsion program. (6) Federal agency.--The term ``Federal agency'' means any Executive agency, as defined in section 105 of title 5, United States Code, the military departments, as defined in section 102 of such title, and any agency of the legislative branch of the Federal Government. (7) Industry.--The term ``industry'' means any domestic industry-- (A) identified by the Secretary of Labor in the Standard Industrial Classification Code issued by the Secretary of Labor; or (B) identified as a domestic industry by the head of a Federal agency. (8) New federal research facility.-- (A) In general.--The term ``new Federal research facility'' means a Federal research facility the construction of which commences after the date of enactment of this Act. (B) Significant expansion included.--The term ``new Federal research facility'' includes any significant expansion of a Federal research facility that commences after the date of enactment of this Act. SEC. 3. COOPERATIVE AGREEMENTS. (a) Federal Research Facilities.--Notwithstanding any other provision of law, no new Federal research facility may be constructed to carry out a covered research activity unless the head of the Federal agency with jurisdiction over the new Federal research facility enters into a cooperative agreement with appropriate representatives of each beneficiary industry to be served by the covered research activity to-- (1) carry out the construction of the new Federal research facility; and (2) conduct a covered activity at that facility. (b) Requirements for Cooperative Agreements.-- (1) In general.--Each cooperative agreement entered into under subsection (a) shall-- (A) specify that the beneficiary industries that are parties to the cooperative agreement shall pay not less than 50 percent of the cost of the construction, operation, and maintenance of the new Federal research facility that is the subject of the cooperative agreement; (B) specify the percentage amount that each beneficiary industry referred to in subparagraph (A) is required to pay to cover the costs under such subparagraph; (C) specify that the agency head may enter into such contracts with, and award such grants to representatives of the beneficiary industries, as are necessary to carry out the cooperative agreement; (D) provide for-- (i) the sharing, among beneficiary industries, of certain intellectual property obtained from covered research activities conducted at the new Federal research facility; and (ii) the protection of certain intellectual property of the beneficiary industry used by the Federal Government in carrying out the covered research activities; and (E) specify the conditions under which, and the procedures pursuant to which, the Federal Government may terminate the construction of the new Federal research facility or the covered research activity. (2) Percentage amount.--The percentage amount that a beneficiary industry shall be required to pay under paragraph (1)(B) shall be determined by the head of the Federal agency in accordance with a formula developed by the agency head to provide for contributions from all beneficiary industries served by the new Federal research facility. (c) Regulations.--The head of each Federal agency shall promulgate such regulations as may be necessary to carry out this section, including regulations concerning-- (1) monitoring the execution of cooperative agreements entered into under subsection (a); (2) the establishment of procedures regarding financial reporting and auditing to ensure that any contract entered into under this section or grant award made pursuant to this section is used only for the purposes specified in the applicable cooperative agreement entered into under subsection (a); and (3) the appropriate dissemination of the results of research conducted pursuant to a cooperative agreement entered into under subsection (a).

Federal Research Financing Improvement Act of 1995 - Prohibits the construction of new Federal research facilities to carry out a covered research activity unless the head of the Federal agency with jurisdiction over the new facility enters into a cooperative agreement for such construction and the conduct of such research with appropriate representatives of each beneficiary industry to be served by the activity. Requires the beneficiary industries to pay at least half the cost of construction (individual percentages to be determined according to a formula developed by the appropriate Federal agency head). Requires the agreement to provide for both: (1) sharing among beneficiary industries of intellectual property obtained from covered research activities; and (2) protection of certain intellectual property used by the Federal Government in carrying out the activities.

{"src": "billsum_train", "title": "Federal Research Financing Improvement Act of 1995"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pharmaceutical Technology and Education Enhancement Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Developing medical products targeted for important public health needs, less common diseases, prevalent third world diseases, prevention indications, or individualized therapy is increasingly challenging. (2) A typical compound that is discovered today may not be approved by the Food and Drug Administration for 12 to 15 years. (3) Current costs of bringing new medicines to market are estimated to be as high as $800,000,000 to $1,700,000,000 and are a major barrier to innovation and investment in higher-risk areas such as rare diseases and genetic conditions. (4) Product development in areas crucial to public health, such as antibiotics, has slowed significantly in the past decade. (5) Approximately 50 percent of new drug candidates fail to produce adequate evidence of safety or effectiveness in the late stages of clinical studies and cannot be approved. The resulting overall investments are raising the cost of developing an approved therapy to approximately $1,700,000,000. (6) Problems in physical design, characterization, manufacturing scale-up, and quality control routinely derail or delay development programs and delay patient access to new treatments. (7) Many product failures during development are ultimately attributable to problems relating to the transition from laboratory prototype to industrial product. (8) Recent data suggests that the investment required to launch a new therapy has risen 55 percent during the last 5 years. Pharmaceutical, biotechnology, and medical device productivity appears to be declining at the same time that the costs to develop treatments are rising. (9) During the last several years, the number of new drug and biologic applications submitted to the Food and Drug Administration has declined significantly. The number of innovative medical device applications to the Food and Drug Administration also has decreased. (10) Industry has been hesitant to introduce state-of-the- art science and technology into its manufacturing processes due to concern about potential regulatory impact. This led to high in-process inventories, low factory utilization rates, significant product waste, and compliance problems, driving up the costs and decreasing productivity. (11) It is crucial that improved methods for design, characterization, and production manufacture are available to improve predictability. (12) United States academic institutions have the capacity to assist in discovering and introducing science-based standards for product characterization and manufacturing to help reduce the cost of new therapies. (13) Federal investments in a major pharmaceutical technology and education initiative led by the Food and Drug Administration in collaboration with university research partners will produce multiple benefits in health care quality and access. SEC. 3. PHARMACEUTICAL TECHNOLOGY RESEARCH AND EDUCATION. (a) Expansion, Intensification, and Coordination of Activities.-- (1) In general.-- (A) Expand and intensify certain programs.--The Commissioner of Food and Drugs (referred to in this Act as the ``Commissioner'') shall expand and intensify certain research and education programs regarding pharmaceutical science and engineering through the National Institute for Pharmaceutical Technology and Education (referred to in this Act as the ``NIPTE'') and the member institutions of the NIPTE, including Purdue University, Duquesne University, Illinois Institute of Technology, University of Puerto Rico (Mayaguez and San Juan), University of Connecticut, University of Iowa, University of Kentucky, University of Kansas, University of Maryland, University of Minnesota, and Rutgers University. (B) Focus.--The research and education programs described in subparagraph (A) shall focus on medical therapy development and manufacturing, analytical technologies, modeling, and informatics. (2) Coordination.--The Commissioner shall coordinate activities carried out pursuant to this Act with the member institutions of the NIPTE identified in paragraph (1), and other Federal agencies with an interest in such activities, including the National Institutes of Health, the Centers for Disease Control and Prevention, the Centers for Medicare & Medicaid Services, the National Science Foundation, the Department of Veterans Affairs, and the Department of Defense. (3) Allocations.--The Commissioner shall allocate amounts appropriated to carry out this subsection for each fiscal year to the NIPTE. (b) Coordinating Committee.-- (1) In general.--The Commissioner shall assist with and coordinate research and develop strategies to allow for the rapid design, enhanced manufacturing processes, and improved quality related to new medical technology development by establishing a Coordinating Committee pursuant to this subsection. (2) Composition.--The Coordinating Committee shall consist of 15 members to be appointed by the Commissioner for 2-year terms, of which-- (A) 8 members shall represent the Federal agencies described in subsection (a)(2) and the Food and Drug Administration; and (B) 7 members shall be representatives from the public, including a broad cross section of academic, industry, consumer advocacy, and other interested persons affected by the costs of prescription drugs. (3) Chair.-- (A) In general.--The Coordinating Committee shall be headed by a Chair who shall serve as the principal advisor to the Commissioner and to the heads of the Federal agencies represented on the Coordinating Committee. (B) Appointment.--The Commissioner shall appoint the Chair of the Coordinating Committee for a 2-year term. The Commissioner may reappoint the Chair for not more than 1 additional 2-year term. (4) Administrative support.--The Coordinating Committee shall receive necessary and appropriate administrative support from the Food and Drug Administration. (5) Meetings of the coordinating committee.--The Coordinating Committee shall meet as appropriate, as determined by the Commissioner in consultation with the Chair. (c) Plan for Food and Drug Administration Activities.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Coordinating Committee shall develop a plan for supporting research and education efforts through the NIPTE and the relevant Federal agency participants that-- (A) provides for a broad range of research and education activities to enhance medical technology manufacturing and development; (B) identifies areas of involvement for the participating Federal agencies; and (C) reflects input from a broad range of academic, industry, and patient advocacy interests. (2) Certain elements of the plan.--The plan under paragraph (1) shall provide, with respect to medical technology development and manufacturing, for the following elements, as appropriate: (A) Basic and applied research. (B) Information and education programs. (d) Reports to Congress.--The Coordinating Committee shall submit a biennial 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 that describes the research, education, and other activities conducted or supported pursuant to this Act. (e) Public Input.--The Commissioner shall provide for a means through which-- (1) the public can obtain information on the existing and planned programs and activities carried out pursuant to this Act; and (2) the Commissioner can receive comments from the public regarding such programs and activities. (f) Authorization of Appropriations.-- (1) In general.--For the purpose of carrying out this Act, there are authorized to be appropriated $25,000,000 for each of fiscal years 2007 through 2012. (2) Additional available appropriations.--The authorization of appropriations under paragraph (1) is in addition to any other appropriations available for conducting or supporting medical technology development and research activities through the Food and Drug Administration.

Pharmaceutical Technology and Education Enhancement Act - Requires the Commissioner of Food and Drugs to expand and intensify certain research and education programs regarding pharmaceutical science and engineering through the National Institute for Pharmaceutical Technology and Education (NIPTE) and its member institutions. Requires such programs to focus on medical therapy development and manufacturing, analytical technologies, modeling, and informatics. Requires the Commissioner to establish a Coordinating Committee to: (1) assist with and coordinate research and develop strategies for the rapid design, enhanced manufacturing process, and improved quality of new medical technology; and (2) develop a plan for supporting, through NIPTE and federal agency participants, research and education relating to medical technology development and manufacturing.

{"src": "billsum_train", "title": "A bill to enhance research and education in the areas of pharmaceutical and biotechnology science and engineering, including therapy development and manufacturing, analytical technologies, modeling, and informatics."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Farm and Ranch Risk Management Act''. SEC. 2. FARM AND RANCH RISK MANAGEMENT ACCOUNTS. (a) In General.--Subpart C of part II of subchapter E of chapter 1 of the Internal Revenue Code of 1986 (relating to taxable year for which deductions taken) is amended by inserting after section 468B the following new section: ``SEC. 468C. FARM AND RANCH RISK MANAGEMENT ACCOUNTS. ``(a) Deduction Allowed.--In the case of an individual engaged in an eligible farming business, there shall be allowed as a deduction for any taxable year the amount paid in cash by the taxpayer during the taxable year to a Farm and Ranch Risk Management Account (hereinafter referred to as the `FARRM Account'). ``(b) Limitation.--The amount which a taxpayer may pay into the FARRM Account for any taxable year shall not exceed 20 percent of so much of the taxable income of the taxpayer (determined without regard to this section) which is attributable (determined in the manner applicable under section 1301) to any eligible farming business. ``(c) Eligible Farming Business.--For purposes of this section, the term `eligible farming business' means any farming business (as defined in section 263A(e)(4)) which is not a passive activity (within the meaning of section 469(c)) of the taxpayer. ``(d) FARRM Account.--For purposes of this section-- ``(1) In general.--The term `FARRM Account' means a trust created or organized in the United States for the exclusive benefit of the taxpayer, but only if the written governing instrument creating the trust meets the following requirements: ``(A) No contribution will be accepted for any taxable year in excess of the amount allowed as a deduction under subsection (a) for such year. ``(B) The trustee is a bank (as defined in section 408(n)) or another person who demonstrates to the satisfaction of the Secretary that the manner in which such person will administer the trust will be consistent with the requirements of this section. ``(C) The assets of the trust consist entirely of cash or of obligations which have adequate stated interest (as defined in section 1274(c)(2)) and which pay such interest not less often than annually. ``(D) All income of the trust is distributed currently to the grantor. ``(E) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. ``(2) Account taxed as grantor trust.--The grantor of a FARRM Account shall be treated for purposes of this title as the owner of such Account and shall be subject to tax thereon in accordance with subpart E of part I of subchapter J of this chapter (relating to grantors and others treated as substantial owners). ``(e) Inclusion of Amounts Distributed.-- ``(1) In general.--Except as provided in paragraph (2), there shall be includible in the gross income of the taxpayer for any taxable year-- ``(A) any amount distributed from a FARRM Account of the taxpayer during such taxable year, and ``(B) any deemed distribution under-- ``(i) subsection (f)(1) (relating to deposits not distributed within 5 years), ``(ii) subsection (f)(2) (relating to cessation in eligible farming business), and ``(iii) subparagraph (A) or (B) of subsection (f)(3) (relating to prohibited transactions and pledging account as security). ``(2) Exceptions.--Paragraph (1)(A) shall not apply to-- ``(A) any distribution to the extent attributable to income of the Account, and ``(B) the distribution of any contribution paid during a taxable year to a FARRM Account to the extent that such contribution exceeds the limitation applicable under subsection (b) if requirements similar to the requirements of section 408(d)(4) are met. For purposes of subparagraph (A), distributions shall be treated as first attributable to income and then to other amounts. ``(3) Exclusion from self-employment tax.--Amounts included in gross income under this subsection shall not be included in determining net earnings from self-employment under section 1402. ``(f) Special Rules.-- ``(1) Tax on deposits in account which are not distributed within 5 years.-- ``(A) In general.--If, at the close of any taxable year, there is a nonqualified balance in any FARRM Account-- ``(i) there shall be deemed distributed from such Account during such taxable year an amount equal to such balance, and ``(ii) the taxpayer's tax imposed by this chapter for such taxable year shall be increased by 10 percent of such deemed distribution. The preceding sentence shall not apply if an amount equal to such nonqualified balance is distributed from such Account to the taxpayer before the due date (including extensions) for filing the return of tax imposed by this chapter for such year (or, if earlier, the date the taxpayer files such return for such year). ``(B) Nonqualified balance.--For purposes of subparagraph (A), the term `nonqualified balance' means any balance in the Account on the last day of the taxable year which is attributable to amounts deposited in such Account before the 4th preceding taxable year. ``(C) Ordering rule.--For purposes of this paragraph, distributions from a FARRM Account shall be treated as made from deposits in the order in which such deposits were made, beginning with the earliest deposits. For purposes of the preceding sentence, income of such an Account shall be treated as a deposit made on the date such income is received by the Account. ``(2) Cessation in eligible farming business.--At the close of the first disqualification period after a period for which the taxpayer was engaged in an eligible farming business, there shall be deemed distributed from the FARRM Account (if any) of the taxpayer an amount equal to the balance in such Account at the close of such disqualification period. For purposes of the preceding sentence, the term `disqualification period' means any period of 2 consecutive taxable years for which the taxpayer is not engaged in an eligible farming business. ``(3) Certain rules to apply.--Rules similar to the following rules shall apply for purposes of this section: ``(A) Section 408(e)(2) (relating to loss of exemption of account where individual engages in prohibited transaction). ``(B) Section 408(e)(4) (relating to effect of pledging account as security). ``(C) Section 408(g) (relating to community property laws). ``(D) Section 408(h) (relating to custodial accounts). ``(4) Time when payments deemed made.--For purposes of this section, a taxpayer shall be deemed to have made a payment to a FARRM Account on the last day of a taxable year if such payment is made on account of such taxable year and is made within 3\1/ 2\ months after the close of such taxable year. ``(5) Individual.--For purposes of this section, the term `individual' shall not include an estate or trust. ``(g) Reports.--The trustee of a FARRM Account shall make such reports regarding such Account to the Secretary and to the person for whose benefit the Account is maintained with respect to contributions, distributions, and such other matters as the Secretary may require under regulations. The reports required by this subsection shall be filed at such time and in such manner and furnished to such persons at such time and in such manner as may be required by those regulations.''. (b) Deduction Allowed in Computing Adjusted Gross Income.-- Subsection (a) of section 62 of such Code (defining adjusted gross income) is amended by inserting after paragraph (17) the following new paragraph: ``(18) Contributions to farm and ranch risk management accounts.--The deduction allowed by section 468C(a).'' (c) Tax on Excess Contributions.-- (1) Subsection (a) of section 4973 of such Code (relating to tax on certain excess contributions) is amended by striking ``or'' at the end of paragraph (3), by redesignating paragraph (4) as paragraph (5), and by inserting after paragraph (3) the following new paragraph: ``(4) a FARRM Account (within the meaning of section 468C(d)), or''. (2) Section 4973 of such Code is amended by adding at the end the following new subsection: ``(g) Excess Contributions to FARRM Accounts.--For purposes of this section, in the case of a FARRM Account (within the meaning of section 468C(d)), the term `excess contributions' means the amount by which the amount contributed for the taxable year to the Account exceeds the amount which may be contributed to the Account under section 468C(b) for such taxable year. For purposes of this subsection, any contribution which is distributed out of the FARRM Account in a distribution to which section 468C(e)(2)(B) applies shall be treated as an amount not contributed.''. (3) The section heading for section 4973 of such Code is amended to read as follows: ``SEC. 4973. EXCESS CONTRIBUTIONS TO CERTAIN ACCOUNTS, ANNUITIES, ETC.''. (4) The table of sections for chapter 43 of such Code is amended by striking the item relating to section 4973 and inserting the following new item: ``Sec. 4973. Excess contributions to certain accounts, annuities, etc.''. (d) Tax on Prohibited Transactions.-- (1) Subsection (c) of section 4975 of such Code (relating to prohibited transactions) is amended by adding at the end the following new paragraph: ``(6) Special rule for farrm accounts.--A person for whose benefit a FARRM Account (within the meaning of section 468C(d)) is established shall be exempt from the tax imposed by this section with respect to any transaction concerning such Account (which would otherwise be taxable under this section) if, with respect to such transaction, the account ceases to be a FARRM Account by reason of the application of section 468C(f)(3)(A) to such Account.''. (2) Paragraph (1) of section 4975(e) of such Code is amended by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively, and by inserting after subparagraph (D) the following new subparagraph: ``(E) a FARRM Account described in section 468C(d),''. (e) Failure To Provide Reports on FARRM Accounts.--Paragraph (2) of section 6693(a) of such Code (relating to failure to provide reports on certain tax-favored accounts or annuities) is amended by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively, and by inserting after subparagraph (B) the following new subparagraph: ``(C) section 468C(g) (relating to FARRM Accounts).''. (f) Clerical Amendment.--The table of sections for subpart C of part II of subchapter E of chapter 1 of such Code is amended by inserting after the item relating to section 468B the following new item: ``Sec. 468C. Farm and Ranch Risk Management Accounts.''. (g) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Farm and Ranch Risk Management Act - Amends the Internal Revenue Code to allow individuals engaged in eligible farming businesses to deduct from gross income for any taxable year the amount (limited to 20 percent of the individual's taxable income for the year) paid into an interest-bearing Farm and Ranch Risk Management (FARRM) Account, created for the taxpayer's exclusive benefit. Requires withdrawal of contributions within five years, upon which they are taxable as ordinary income in the year of withdrawal. Deems a distribution, subject to income tax, of any deposits not actually distributed within five years, and prescribes an additional penalty tax of ten percent of any such deemed distribution.

{"src": "billsum_train", "title": "Farm and Ranch Risk Management Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Fetal Alcohol Syndrome Prevention Act''. SEC. 2. PREVENTION OF FETAL ALCOHOL SYNDROME; PROGRAM OF NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM. Subpart 14 of part C of title IV of the Public Health Service Act (42 U.S.C. 285n et seq.) is amended by adding at the end the following section: ``fetal alcohol syndrome ``Sec. 464K. (a) In General.--The Director of the Institute shall establish a program for the conduct and support of research and training, the dissemination of health information, and other programs with respect to the cause, diagnosis, prevention, and treatment of fetal alcohol syndrome and the related condition known as fetal alcohol effects (which syndrome and effects are referred to collectively in this section as `fetal alcohol conditions'). ``(b) Interagency Coordinating Committee.-- ``(1) In general.--Subject to paragraph (6), the Secretary shall establish a committee to be known as the Interagency Coordinating Committee on Fetal Alcohol Syndrome (in this subsection referred to as the `Coordinating Committee'). ``(2) Duties.--With respect to fetal alcohol conditions, the Coordinating Committee shall-- ``(A) coordinate the activities of the National Institutes of Health; and ``(B) coordinate the aspects of all Federal health programs and activities relating to such conditions in order to assure the adequacy and technical soundness of such programs and activities, and in order to provide for the full communication and exchange of information necessary to maintain adequate coordination of such programs and activities. ``(3) Composition.--The Coordinating Committee shall be composed of-- ``(A) the directors of each of the national research institutes, and the heads of other agencies of the National Institutes of Health, that are involved in research on fetal alcohol conditions; and ``(B) representatives of all other Federal departments and agencies whose programs involve health functions or responsibilities relevant to such conditions. ``(4) Chair.--The Secretary shall designate a member of the Coordinating Committee to serve as the chair of the Committee. The Committee shall meet at the call of the Chair, but not less than four times a year. ``(5) Annual report.-- ``(A) In carrying out paragraph (2), the Coordinating Committee shall comply with the following: ``(i) Identify and monitor all activities regarding fetal alcohol conditions that are conducted or supported by the Department of Health and Human Services and other Federal departments or agencies. ``(ii) Identify the goals expected to be achieved through the activities. ``(iii) Conduct evaluations of the extent to which the activities have been effective in achieving such goals. ``(iv) Determine the extent to which the activities have been coordinated with each other. ``(v) Make recommendations on the activities that should be carried out, on priorities among the activities, and on the coordination of the activities. ``(B) Subject to paragraph (6)(B), the Coordinating Committee shall, for each fiscal year, prepare and submit to the Congress a report detailing the activities of the Committee in carrying out the duties of the Committee for the fiscal year. The Coordinating Committee shall submit copies of each such report to the Secretary, the Director of NIH, the officials specified in paragraph (3)(A), and the advisory council for the Institute. Except as provided in paragraph (6)(B), each such report shall be submitted not later than February 1 of the fiscal year following the fiscal year for which the report is prepared. ``(6) Initial intradepartmental status of committee.-- ``(A) During fiscal years 1996 and 1997, the Secretary shall ensure that individuals appointed to the Coordinating Committee under paragraph (3)(B) include only officers or employees of the Department of Health and Human Services, and that the duties of the Coordinating Committee are carried out only with respect to such Department. ``(B) The first report under subparagraph (B) of paragraph (5) shall concern fiscal years 1996 and 1997, and shall consist of the findings and recommendations made by the Coordinating Committee in applying subparagraph (A) of such paragraph to the Department of Health and Human Services. Such report shall be submitted not later than February 1, 1998. ``(7) Prevention activities.--With respect to activities for the prevention of fetal alcohol conditions-- ``(A) the Coordinating Committee shall, as soon as is practicable after the date on which this section takes effect, develop recommendations under paragraph (5)(A) regarding the Department of Health and Human Services; and ``(B) such Committee shall, as soon as is practicable after October 1, 1997, develop recommendations under such paragraph regarding other departments and agencies of the Federal Government. ``(c) Certain Activities.-- ``(1) In general.--Activities under subsection (a) regarding fetal alcohol conditions shall include conducting and supporting basic and applied research, including epidemiological research; demonstrations; the training of health professionals, including the development of professional practice standards for detecting and preventing such conditions in pregnant women and for counseling such women; the evaluation of programs, including training programs; and the dissemination of diagnostic criteria. Activities under such subsection shall include the provision of technical assistance to public and nonprofit private entities that carry out such programs. ``(2) Prevention; public awareness.-- ``(A) With respect to the prevention of fetal alcohol conditions, each of the requirements of paragraph (1) regarding the conduct and support of various types of activities shall be carried out, except to the extent inapplicable to prevention activities. Activities conducted or supported pursuant to the preceding sentence shall include carrying out a comprehensive program to educate health professionals and the general public, and shall include programs directed toward at-risk populations. Programs under this paragraph that are directed toward particular populations shall be provided in the language and cultural context most appropriate for the population involved. ``(B) In the conduct and support of activities under subparagraph (A), special emphasis shall be placed upon the utilization of collaborative efforts with both the public and private sectors for the purpose of-- ``(i) increasing the awareness and knowledge of health professionals and the public regarding the prevention of fetal alcohol conditions; and ``(ii) developing and disseminating to health professionals, patients and patient families, and the public information designed to encourage individuals to adopt healthful practices concerning the prevention of such conditions. ``(d) Uniform Criteria for Collection and Reporting of Data.--In order to provide for the comparability of data on fetal alcohol conditions, the Secretary shall, to the extent practicable, develop uniform criteria for the collection and reporting of such data by or through the National Institutes of Health and the other agencies of the Department of Health and Human Services. The Secretary shall encourage the States to utilize such criteria. ``(e) Collaborative Activities.--The Secretary may require that an activity under this section be carried out in collaboration with or through one or more of the other agencies of the Department of Health and Human Services, and amounts made available under subsection (f) are available to the Secretary for such purpose. ``(f) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1996 through 2000.''.

Comprehensive Fetal Alcohol Syndrome Prevention Act - Amends the Public Health Service Act to establish: (1) a program for the conduct and support of research and training, the dissemination of health information, and other programs with respect to the cause, diagnosis, prevention, and treatment of fetal alcohol syndrome and fetal alcohol effects; and (2) the Interagency Coordinating Committee on Fetal Alcohol Syndrome. Mandates development of uniform criteria for the collection and reporting of data on fetal alcohol conditions by or through agencies of the Department of Health and Human Services (HHS). Authorizes the Secretary of HHS to require that an activity under these provisions be carried out in collaboration with or through one or more of the other agencies of HHS. Authorizes appropriations.

{"src": "billsum_train", "title": "Comprehensive Fetal Alcohol Syndrome Prevention Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Opportunities for Service- Disabled Veteran-Owned Small Businesses Act of 2013''. SEC. 2. SMALL BUSINESS DEFINTION OF SMALL BUSINESS CONCERN CONSOLIDATED. Section 3(q) of the Small Business Act (15 U.S.C. 632(q)) is amended-- (1) in paragraph (2), to read as follows: ``(2) Small business concern owned and controlled by service-disabled veterans.--The term `small business concern owned and controlled by service-disabled veterans' means a small business concern-- ``(A)(i) not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and ``(ii) the management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or ``(B) not less than 51 percent of which is owned by one or more veterans with service-connected disabilities that are permanent and total who are unable to manage the daily business operations of such concern or, in the case of a publicly owned business, not less than 51 percent of the stock of which is owned by one or more such veterans.''; and (2) by adding at the end the following: ``(6) Treatment of businesses after death of veteran- owner.-- ``(A) In general.--Subject to subparagraph (C), if the death of a service-disabled veteran causes a small business concern to be less than 51 percent owned by one or more such veterans, the surviving spouse of such veteran who acquires ownership rights in such small business concern shall, for the period described in subparagraph (B), be treated as if the surviving spouse were that veteran for the purpose of maintaining the status of the small business concern as a small business concern owned and controlled by service- disabled veterans. ``(B) Period described.--The period referred to in subparagraph (A) is the period beginning on the date on which the service-disabled veteran dies and ending on the earliest of the following dates: ``(i) The date on which the surviving spouse remarries. ``(ii) The date on which the surviving spouse relinquishes an ownership interest in the small business concern. ``(iii) The date that is ten years after the date of the veteran's death. ``(C) Application to surviving spouse.-- Subparagraph (A) only applies to a surviving spouse of a veteran with a service-connected disability rated as 100 percent disabling or who dies as a result of a service-connected disability.''. SEC. 3. VETERANS AFFAIRS DEFINITION OF SMALL BUSINESS CONCERN CONSOLIDATED. Section 8127 of title 38, United States Code, is amended-- (1) by striking subsection (h); and (2) in subsection (l)(2), by striking ``means'' and all that follows through the period at the end and inserting the following: ``has the meaning given that term under section 3(q) of the Small Business Act (15 U.S.C. 632(q)).''. SEC. 4. SBA TO ASSUME CONTROL OF VERIFICATION OF OWNERSHIP AND CONTROL STATUS OF APPLICANTS FOR INCLUSION IN THE DATABASE OF SMALL BUSINESSES OWNED AND CONTROLLED BY SERVICE DISABLED VETERANS AND VETERANS. The Small Business Act (15 U.S.C. 631 et seq.) is amended by adding at the end the following: ``SEC. 47. VETS FIRST PROGRAM. ``Not later than 180 days after the effective date of this section, the Administrator shall enter into a memorandum of understanding with the Secretary of Veterans Affairs that transfer control and administration of the program under subsections (e) through (g) of section 8127 of title 38, United States Code, to the Administrator, consistent with the following: ``(1) Not later than 270 days after completing the memorandum of understanding, the Administrator shall make rules to carry out the memorandum. If the Administrator does not make such rules by such date, the Administrator may not exercise the authority under section 7(a)(25)(A) until such time as those rules are made. ``(2) The Administrator shall assume authority and responsibility for maintenance and operation of the database and for verifications under the program. ``(3) Any appeal by a small business concern, at the time that verification is denied or a contract is awarded, of any determination under the program shall be heard by the Office of Hearings and Appeals of the Small Business Administration. ``(4) The Secretary shall, for a period of 6 years commencing on a date agreed to in the completed memorandum, reimburse to the Administrator of the Small Business Administration any costs incurred by the Administrator for actions undertaken pursuant to the memorandum from fees collected by the Secretary of Veteran Affairs under multiple- award schedule contracts. Any disputes between the Secretary and the Administrator shall be resolved by the Director of the Office of Management and Budget''. SEC. 5. MEMORANDUM OF UNDERSTANDING. Section 8127(f) of title 38, United States Code, is amended by adding at the end the following: ``(7) Not later than 180 days after the effective date of this paragraph, the Secretary shall enter into a memorandum of understanding with the Administrator of the Small Business Administration consistent with section 47 of the Small Business Act.''.

Improving Opportunities for Service-Disabled Veteran-Owned Small Businesses Act of 2014 - (Sec. 2) Amends the Small Business Act to require the Administrator of the Small Business Administration (SBA) to enter into a memorandum of understanding with the Secretary of Veterans Affairs (VA) that transfers from the Secretary to the Administrator control and administration of a database of veteran-owned businesses. (Small business concerns owned and controlled by veterans and small business concerns owned and controlled by veterans with service-connected disabilities must be in that database to participate in the Veterans First program that gives VA contracting preferences to those businesses.) Requires the Administrator to employ database fraud prevention measures that include: (1) the investigation of allegations of potential fraud, (2) the removal of unqualified businesses from the database, and (3) the referral of cases for prosecution when appropriate. Requires any appeal by a small business of any determination of its status as a veteran-owned business to be heard by the SBA's Office of Hearings and Appeals. Directs the Secretary, for the six years beginning on a date agreed to in the memorandum, to use fees the Secretary collects under multiple-award schedule contracts to reimburse the Administrator for the costs the Administrator incurs in implementing the memorandum. Requires the Secretary and the Administrator, every 180 days, to: (1) meet to discuss ways to improve collaboration under the memorandum to increase opportunities for service-disabled veteran-owned small businesses and veteran-owned small businesses, (2) consult with congressionally-chartered Veterans Service Organizations to discuss ways to increase opportunities for those businesses, and (3) report to Congress on their progress in implementing the memorandum. (Sec. 3) Requires the Secretary to enter into a memorandum of agreement with the SBA specifying the manner in which the Secretary shall notify the Administrator as to whether an individual is a veteran and if that veteran has a service-connected disability.

{"src": "billsum_train", "title": "Improving Opportunities for Service-Disabled Veteran-Owned Small Businesses Act of 2013"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Older Industrial Region Rail and Port Access and Modernization Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the growth of commerce in northern New England is hampered by a decaying rail infrastructure; (2) during the 5-year period beginning on the date of enactment of this Act, international trade shipping is projected to increase by more than 20 percent; (3) in the shipping industry, there is a widespread international trend for shippers to use only ports with double- stack rail access; (4) aging rail lines and constricted passage in older industrial States are-- (A) limiting the movement of cargo and individuals throughout that area; and (B) restricting access to deepwater ports; and (5) improving rail lines and double-stack freight rail passage to allow rail connections to and through other States and provinces will enable the economy of the older industrial region to grow and prosper by bringing new industry into the region that will result in growth in high wage jobs. SEC. 3. DEFINITIONS. In this Act: (1) Fund.--The term ``Fund'' means the Older Industrial Rail Modernization and Port Access Fund established by section 4(g). (2) Older industrial region.--The term ``older industrial region'' means the northeastern area of the United States. (3) Older industrial state.--The term ``older industrial State'' means-- (A) Vermont; (B) Maine; and (C) New Hampshire. (4) Rail project.--The term ``rail project'' means a project for the acquisition, rehabilitation, or improvement of railroad facilities or equipment, as described in section 511 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 831). (5) Secretary.--The term ``Secretary'' means the Secretary of Transportation. SEC. 4. DIRECT FEDERAL ASSISTANCE. (a) In General.-- (1) Grants.--Subject to the availability of appropriations, the Secretary shall make a grant under this section to each older industrial State that submits an application to the Secretary that demonstrates, to the satisfaction of the Secretary, a need for assistance under this section in carrying out 1 or more transportation projects described in subsection (b), (c), (d), or (e) that are necessary to improve rail transport in that State. (2) Grant agreement.--The Secretary shall enter into a grant agreement with each older industrial State that receives a grant under this section. At a minimum, the agreement shall specify that the grant recipient will meet the applicable requirements of this section, including the cost-sharing requirement under subsection (f)(2). (b) Grants for Port Access.--The Secretary shall make grants under this section for the purposes of connecting all railroads to ports and ensuring that double-stack rail cars can travel freely throughout older industrial States. (c) Grants for Bridge and Tunnel Obstruction Repair and Replacement.--The Secretary shall make grants under this section for the purpose of enlarging tunnels and embankments, removing, repairing, or replacing bridges or other obstructions that inhibit the free movement of freight or passenger rail cars and the use of double-stack rail cars. (d) Grants for Repair of Railroad Beds.--The Secretary shall make grants under this section for the purposes of repairing, upgrading, and purchasing railbeds and tracks, including improving safety of all railroad tracks. (e) Grants for Development of Intermodal Facilities.--The Secretary shall make grants under this section for the purposes of constructing, operating, and maintaining train maintenance facilities and facilities for the transfer of goods and individuals between other transportation modes, including-- (1) intermodal truck-train transfer facilities; (2) passenger rail stations; and (3) bulk fuel transfer facilities. (f) Funding Limitations on Expenditures of Funds.-- (1) Funding.--The grants made under this section shall be made with funds transferred from the Fund. (2) Cost-sharing.-- (A) In general.--A grant made under this section shall be used to pay the Federal share of the cost of a project conducted under a grant agreement. (B) Federal share.--The Federal share of the cost of a project referred to in subparagraph (A) shall be 80 percent of the cost of the project. (3) Allocation among states.-- (A) In general.--For each of fiscal years 1998 through 2001, the Secretary shall, in making grants under this section, allocate available amounts in the Fund among older industrial States in accordance with a formula established by the Secretary in accordance with subparagraph (B). (B) Allocation formula.--In making grants under this section, for each of the fiscal years specified in subparagraph (A), the Secretary shall allocate an equal amount of the amounts available from the Fund to each of the older industrial States that submits 1 or more grant applications that meet the requirements of this section. (g) Older Industrial Rail Modernization and Port Access Fund.-- (1) Establishment.--There is established in the Treasury of the United States a trust fund, to be known as the ``Older Industrial Rail Modernization and Port Access Fund''. The Fund shall consist of-- (A) such amounts as are appropriated to the Fund; and (B) any interest earned on investment of amounts in the Fund under paragraph (2). (2) Investment of fund.-- (A) In general.--The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary, required to meet then current withdrawals. Those investments may be made only in interest-bearing obligations of the United States or obligations guaranteed as to both principal and interest by the United States. For that purpose, those obligations may be acquired-- (i) on original issue at the issue price, or (ii) by purchase of outstanding obligations at the market price. (B) Sale of obligation.--Any obligation acquired by the Fund (except special obligations issued exclusively to the Fund) may be sold by the Secretary of the Treasury at the market price. The special obligations may be redeemed at par plus accrued interest. (C) Credits to fund.--The interest on, and the proceeds from, the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund. (3) Transfers from fund.--The Secretary of the Treasury shall, on the request of the Secretary of Transportation, transfer from the Fund to the Secretary of Transportation, any amounts that the Secretary of Transportation determines to be necessary to carry out the grant program under this section. (4) Administrative expenses.--Not more than 1 percent of the amounts in the Fund may be used by the Secretary of Transportation to cover administrative expenses for carrying out the grant program under this section. (h) Applicability of Title 23.--Except as otherwise provided in this section, funds made available to an older industrial State under this section shall be available for obligation in the manner provided for funds apportioned under chapter 1 of title 23, United States Code. (i) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to the Fund to carry out this section $65,000,000 for each of fiscal years 1998 through 2001. (2) Availability of funds.--The amounts appropriated pursuant to this subsection shall remain available for obligation until the end of the third fiscal year following the fiscal year for which the amounts are appropriated. SEC. 5. RAILROAD LOAN AND ASSISTANCE PROGRAM. (a) Purpose.--The purpose of this section is to provide assistance for rail projects in older industrial States. (b) Issuance of Obligations.--The Secretary shall issue to the Secretary of the Treasury notes or other obligations pursuant to section 512 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 832), in such amounts, and at such times, as may be necessary, during the period that the guaranteed obligation is outstanding, to-- (1) pay any amounts required pursuant to the guarantee of the principal amount of an obligation under section 511 of that Act (45 U.S.C. 831) for any eligible rail project described in subsection (c); and (2) meet the applicable requirements of this section and sections 511 and 513 of that Act (45 U.S.C. 832 and 833). (c) Eligibility.--A rail project that is eligible for assistance under this section is a rail project-- (1) for a railroad that is located in an older industrial State; and (2) that promotes the mobility of goods and individuals. (d) Limitation.--Notwithstanding any other provision of law, the aggregate unpaid principal amounts of obligations that may be guaranteed by the Secretary under this section may not exceed $50,000,000 during any of fiscal years 1998 through 2001. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Department of Transportation, to be used by the Secretary to make guarantees under this section, $5,000,000 for each of fiscal years 1998 through 2001. SEC. 6. REPORT. Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress and the Governor of each older industrial State a report concerning the rehabilitation of the rail infrastructure of older industrial States.

Older Industrial Region Rail and Port Access and Modernization Act - Establishes a program of grants by the Secretary of Transportation to applicant older industrial States (Vermont, Maine, and New Hampshire) for assistance in carrying out one or more transportation projects for: (1) connecting all railroads to ports and ensuring that double-stack rail cars can travel freely throughout such States; (2) enlarging tunnels and embankments and removing, repairing, or replacing bridges or other obstructions that inhibit the free movement of freight or passenger rail cars and the use of double-stack rail cars; (3) repairing, upgrading, and purchasing railbeds and tracks, including improving track safety; and (4) constructing, operating, and maintaining train maintenance facilities and facilities for the transfer of goods and individuals between other transportation modes, including intermodal truck-train transfer facilities, passenger rail stations, and bulk fuel transfer facilities. Sets the Federal share of such projects, which the grants represent, at 80 percent. Establishes in the Treasury the Older Industrial Rail Modernization and Port Access Fund to carry out this Act. Authorizes appropriations. Directs the Secretary to issue obligations to the Secretary of the Treasury to pay guaranteed loans for rail projects in an older industrial State. Limits the aggregate unpaid principal amount of such obligations at $50 million for any fiscal year. Authorizes appropriations.

{"src": "billsum_train", "title": "Older Industrial Region Rail and Port Access and Modernization Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tobacco Use Prevention and Public Health Act of 1999''. SEC. 2. WAIVER OF RECOUPMENT OF MEDICAID TOBACCO-RELATED RECOVERIES. (a) In General.--Section 1903(d)(3) of the Social Security Act (42 U.S.C. 1396b(d)(3)) is amended-- (1) by inserting ``(A)'' before ``The''; and (2) by adding at the end the following: ``(B) Subparagraph (A) and paragraph (2)(B) shall not apply to any amount recovered or paid to a State as part of a settlement or judgment reached in litigation initiated or pursued by a State against one or more manufacturers of tobacco products, as defined in section 5702(d) of the Internal Revenue Code of 1986, if (and to the extent that), with respect to amounts recovered or paid to a State in a fiscal year, the Secretary finds that following conditions are met: ``(i) The State will spend at least 25 percent of the amounts so recovered or paid in any fiscal year on tobacco control activities in accordance with subparagraph (C). ``(ii) The State will spend at least 25 percent of the amounts so recovered or paid in any fiscal year for health activities, including public health activities and expenditures described in subparagraph (D), but excluding amounts expended to meet the requirement of clause (i). ``(iii)(I) Subject to subclause (II), the amounts described in clauses (i) and (ii) will be spent only in a manner that supplements (and does not supplant) funds previously being spent by the State (or local governments in the State) for such or similar activities. ``(II) At the request of a State, the Secretary may waive the requirement of subclause (I), with respect to not supplanting State and local government expenditures for tobacco control activities, to the extent that the total level of such expenditures (taking into account expenditures required under clause (i)) is sufficient to provide for a well-funded, effective program of tobacco control in the State. ``(C) For purposes of subparagraph (B)(i), expenditures for tobacco control activities are made in accordance with this subparagraph if-- ``(i) the expenditures are made for any (or all) of the following activities: ``(I) Activities to reduce the use of tobacco products using methods that have been shown to be effective, such as tobacco use cessation programs, State or local counter-marketing programs, enforcement of laws relating to tobacco products, community-based programs to discourage the use of tobacco products, and school-based and child-oriented education programs to discourage the use of tobacco products, and for ongoing evaluations of these programs. ``(II) Activities to fund research related to nicotine addiction, tobacco use cessation, and prevention of the use of tobacco products, including surveillance and epidemiology research related to tobacco. ``(III) Activities to assist in economic development efforts designed to aid tobacco farmers and workers and communities as they transition to a more broadly diversified economy; and ``(ii) the expenditures include an annual contribution by the State of its pro rata share for the National Tobacco Use Prevention Program (under section 3 of the Tobacco Use Prevention and Public Health Act of 1999). ``(D) For purposes of subparagraph (B)(ii), the expenditures described in this subparagraph are State expenditures for outreach activities in enrolling individuals under this title and State expenditures for medical assistance with respect to individuals who are eligible for such assistance only on the basis of a State plan amendment approved on or after January 1, 1999. ``(E)(i) For purposes of subparagraph (C)(ii), a State's `pro rata share' for a fiscal year is equal to $605,000,000 (or, if less, the sum of the amounts provided under subsections (a), (b), and (c) of section 3 of the Tobacco Use Prevention and Public Health Act of 1999 for the fiscal year) multiplied by the ratio of (I) the amount of the State's aggregate recoveries or payments described in subparagraph (B) for the fiscal year, to (II) the total of such aggregate recoveries or payments for all the States for the fiscal year. ``(ii) Amounts contributed under subparagraph (C)(ii) shall be deposited in a separate account in the Treasury to be known as the `National Tobacco Use Prevention Account'. Amounts in such Account shall remain available until expended for obligation under section 3 of the Tobacco Use Prevention and Public Health Act of 1999. ``(F) For purposes of applying subparagraph (B) for amounts described in such subparagraph recovered or paid in a fiscal year before fiscal year 2000, such amounts shall be treated as being recovered or paid in fiscal year 2000.''. (b) Effective Date.--The amendments made by subsection (a) apply to amounts recovered or paid to a State before, on, or after the date of enactment of this Act. SEC. 3. NATIONAL TOBACCO USE PREVENTION PROGRAM. (a) National Public Awareness Campaign.--There shall be made available from the National Tobacco Use Prevention Account (provided for under section 1903(d)(3)(B)(E)(ii) of the Social Security Act) to the Secretary of Health and Human Services, without fiscal year limitation, $500,000,000 for each fiscal year (beginning with fiscal year 2000) to implement a national public awareness campaign to discourage the use of tobacco products. (b) National Program To Reduce Tobacco Use by Minority Groups.-- There shall be made available from such National Tobacco Use Prevention Account to such Secretary, without fiscal year limitation, $100,000,000 for each fiscal year (beginning with fiscal year 2000) to implement the recommendations contained in the 1998 report by the Surgeon General entitled ``Tobacco Use Among U.S. Racial/Ethnic Minority Groups''. The Secretary shall implement such recommendations through the Deputy Assistant Secretary for Minority Health and in consultation with an advisory committee composed of individuals from the private sector who are experienced with respect to minority health concerns. (c) National Economic Stabilization Program for Tobacco Farmers.-- There shall be made available from such National Tobacco Use Prevention Account to the Secretary of Agriculture, without fiscal year limitation, $5,000,000 for each fiscal year (beginning with fiscal year 2000 and ending with fiscal year 2005) to promulgate and enforce regulations to provide economic stabilization for tobacco farmers. Such regulations-- (1) shall provide that any manufacturer of tobacco products in the United States which purchases (or which controls a person who purchases) tobacco grown in a foreign country in any year, beginning with 2000 and ending with 2004, may not reduce in such year its level of purchases of tobacco from farmers in the United States below the level of such purchases in 1997; (2) may be enforced through an action brought by such Secretary in an appropriate district court of the United States to enjoin any failure to comply with such regulations or to impose a civil penalty for such failure to comply of not more than $25,000 per day of violation; and (3) shall not apply to purchases made on or after January 1, 2005. (d) Adjustment.--If the aggregate amount deposited into such National Tobacco Use Prevention Account for a fiscal year is less than the sum of the amounts specified under subsections (a), (b), and (c) for that fiscal year, the amounts so specified shall be reduced in a pro-rata manner so that the total of such amounts for the fiscal year is equal to the aggregate amount so deposited for the fiscal year.

Tobacco Use Prevention and Public Health Act of 1999 - Amends title XIX (Medicaid) of the Social Security Act to prohibit as the treatment of an overpayment for Medicaid-related purposes any amount recovered or paid to a State as part of a settlement or judgment reached in litigation initiated or pursued by the State against one or more manufacturers of tobacco products (recovered amounts), if (and to the extent that), with respect to such recovered amounts in a fiscal year, the Secretary of Health and Human Services (HHS) finds that specified conditions will be met, including that the State will use at least 25 percent of recovered amounts for a fiscal year on: (1) specified tobacco control activities, including certain tobacco use reduction activities such as tobacco use cessation programs and school-based and child-oriented education programs to discourage tobacco use, as well as the enforcement of laws relating to tobacco products; and (2) health activities, including public health activities, which include State expenditures for outreach activities. Includes further among such activities: (1) tobacco-related research concerning nicotine addiction; and (2) activities to assist tobacco farmers and workers and communities as they transition to a more broadly diversified economy. Creates the National Tobacco Use Prevention Program (NTUPP), composed of various specified HHS and Department of Agriculture (DOA) subprogram and public awareness campaign components. Includes subprograms to reduce tobacco use by minorities (HHS) and to provide economic stabilization for tobacco farmers (DOA) within NTUPP. Establishes in the Treasury the National Tobacco Use Prevention Account, subject to a specified fiscal year adjustment.

{"src": "billsum_train", "title": "Tobacco Use Prevention and Public Health Act of 1999"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``True American Heroes Act''. SEC. 2. CONGRESSIONAL GOLD MEDALS FOR GOVERNMENT WORKERS WHO RESPONDED TO THE ATTACKS ON THE WORLD TRADE CENTER AND PERISHED. (a) Presentation Authorized.--In recognition of the bravery and self-sacrifice of officers, emergency workers, and other employees of State and local government agencies, including the Port Authority of New York and New Jersey, and of the United States Government, who responded to the attacks on the World Trade Center in New York City, and perished in the tragic events of September 11, 2001 (including those who are missing and presumed dead), the President is authorized to present, on behalf of the Congress, a gold medal of appropriate design for each such officer, emergency worker, or employee to the next of kin or other representative of each such officer, emergency worker, or employee. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury shall strike gold medals with suitable emblems, devices, and inscriptions to be determined by the Secretary to be emblematic of the valor and heroism of the men and women honored. (c) Determination of Recipients.--The Secretary of the Treasury shall determine the number of medals to be presented under this section and the appropriate recipients of the medals after consulting with appropriate representatives of Federal, State, and local officers and agencies and the Port Authority of New York and New Jersey. (d) Presentment Ceremony.--The President shall consult with the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the majority leader and the minority leader of the House of Representatives, and the majority leader and the minority leader of the Senate with regard to the ceremony for presenting the gold medals under subsection (a). (e) Duplicative Gold Medals For Departments and Duty Stations.-- (1) In general.--The Secretary of the Treasury shall strike duplicates in gold of the gold medals struck pursuant to subsection (a) for presentation to each of the following: (A) The Governor of the State of New York. (B) The Mayor of the City of New York. (C) The Commissioner of the New York Police Department, the Commissioner of the New York Fire Department, the head of emergency medical services for the City of New York, and the Chairman of the Board of Directors of the Port Authority of New York and New Jersey. (D) Each precinct house, fire house, emergency response station, or other duty station or place of employment to which each person referred to in subsection (a) was assigned on September 11, 2001, for display in each such place in a manner befitting the memory of such persons. (f) Determination of Recipients.--The Secretary of the Treasury shall determine the number of medals to be presented under subsection (e) and the appropriate recipients of the medals after consulting with appropriate representatives of Federal, State, and local officers and agencies and the Port Authority of New York and New Jersey. (g) Duplicate Bronze Medals.--The Secretary of the Treasury may strike and sell duplicates in bronze of the gold medal struck pursuant to subsection (a) under such regulations as the Secretary may prescribe, at a price of $50 per medal. (h) Proceeds of Sale.--Amounts received from the sales of duplicate bronze medals under subsection (g) shall be deposited in a fund to be used to erect a memorial for the fallen emergency responders. (i) Use of the United States Mint at West Point, New York.--It is the sense of the Congress that the medals authorized under this section should-- (1) be designed, struck, and presented not more than 90 days after the date of the enactment of this Act; and (2) be struck at the United States Mint at West Point, New York, to the greatest extent possible. SEC. 3. CONGRESSIONAL GOLD MEDALS FOR PEOPLE ABOARD UNITED AIRLINES FLIGHT 93 WHO HELPED RESIST THE HIJACKERS AND CAUSED THE PLANE TO CRASH. (a) Congressional Findings.--The Congress finds as follows: (1) On September 11, 2001, United Airlines Flight 93, piloted by Captain James Dahl, departed from Newark International Airport at 8:01 a.m. on its scheduled route to San Francisco, California, with 7 crew members and 38 passengers on board. (2) Shortly after departure, United Airlines Flight 93 was hijacked by terrorists. (3) At 10:37 a.m. United Airlines Flight 93 crashed near Shanksville, Pennsylvania. (4) Evidence indicates that people aboard United Airlines Flight 93 learned that other hijacked planes had been used to attack the World Trade Center in New York City and resisted the actions of the hijackers on board. (5) The effort to resist the hijackers aboard United Airlines Flight 93 appears to have caused the plane to crash prematurely, potentially saving hundreds or thousands of lives and preventing the destruction of the White House, the Capitol, or another important symbol of freedom and democracy. (6) The leaders of the resistance aboard United Airlines Flight 93 demonstrated exceptional bravery, valor, and patriotism, and are worthy of the appreciation of the people of the United States. (b) Presentation of Congressional Gold Medals Authorized.--The President is authorized to award posthumously, on behalf of Congress and in recognition of heroic service to the Nation, gold medals of appropriate design to any passengers or crew members on board United Airlines Flight 93 who are identified by the Attorney General as having aided in the effort to resist the hijackers on board the plane. (c) Design and Striking.--For the purpose of the presentation referred to in subsection (b), the Secretary of the Treasury shall strike gold medals of a single design with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (d) Duplicate Medals.--Under such regulations as the Secretary of the Treasury may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medals struck under subsection (b) at a price sufficient to cover the cost of the bronze medals (including labor, materials, dies, use of machinery, and overhead expenses) and the cost of the gold medals. SEC. 4. NATIONAL MEDALS. The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. Passed the House of Representatives December 18, 2001. Attest: JEFF TRANDAHL, Clerk.

True American Heroes Act - Authorizes the President to present on behalf of Congress a gold medal to the next of kin or other representative of each officer, emergency worker, or employee of a State and local government agency, including the Port Authority of New York and New Jersey, and of the Federal Government, who responded to the attacks on the World Trade Center in New York City, and perished in the tragic events of September 11, 2001 (including those who are missing and presumed dead).Authorizes the Secretary of the Treasury to strike and sell bronze duplicates. Requires the proceeds from such sale to be deposited in a fund to be used to erect a memorial for the fallen emergency responders.Expresses the sense of Congress that the medals: (1) should be designed, struck, and presented within 90 days after enactment of this Act; and (2) be struck at the U.S. Mint at West Point, New York, to the greatest extent possible.Authorizes the President to award posthumously, on behalf of Congress and in recognition of heroic service to the Nation, gold medals to any passengers or crew members on board United Airlines Flight 93 who are identified by the Attorney General as having aided in the effort to resist the hijackers on board the plane.Authorizes the Secretary to strike and sell bronze duplicates.

{"src": "billsum_train", "title": "To award congressional gold medals on behalf of government workers who responded to the attacks on the World Trade Center and perished and on behalf of people aboard United Airlines Flight 93 who helped resist the hijackers and caused the plane to crash."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Firefighters Special Operation Task Force Act''. SEC. 2. GRANTS FOR FIREFIGHTING TASK FORCES. 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 new section: ``SEC. 37. ASSISTANCE FOR FIREFIGHTING TASK FORCES. ``(a) Definitions.--In this section: ``(1) Critical infrastructure.--The term `critical infrastructure' has the meaning given that term in section 1016(e) of the Critical Infrastructures Protection Act of 2001 (42 U.S.C. 5195c(e)). ``(2) Firefighting personnel.--The term `firefighting personnel' has the meaning given that term in section 33(a). ``(3) Incident response.--The term `incident response' means a response by a task force or task force unit to-- ``(A) a terrorist attack, including such an attack that utilizes a weapon of mass destruction; ``(B) a release of a hazardous material; ``(C) a natural disaster; or ``(D) any other emergency for which a response by a fire service is appropriate. ``(4) Member.--The term `member', with respect to a task force, means a fire service that is a party to the cooperative agreement establishing the task force. ``(5) Task force.--The term `task force' means not less than 2 fire services operating pursuant to a cooperative agreement for the purpose of coordinating incident response among such fire services within a geographic area. ``(b) Authority.--The Administrator is authorized-- ``(1) to award grants to a task force for the purposes set out in subsection (c); ``(2) if multiple task forces are formed in a metropolitan area that has a population of more than 1,000,000, to award more than one such grant for such metropolitan area; and ``(3) to award such grants to not more than 100 task forces in the United States. ``(c) Purposes.--A grant awarded to a task force under this section shall be used-- ``(1) to provide salary and benefits to hire firefighting personnel or rehire firefighting personnel who have been laid off to provide services to the task force, including salary and benefits during a fiscal year for not more than-- ``(A) 2 individuals to serve as chief officers; ``(B) 2 individuals to serve as captains; ``(C) 2 individuals to serve as lieutenants; and ``(D) 120 other firefighting personnel; ``(2) to pay expenses related to the participation of firefighting personnel in appropriate training courses offered by the Department of Homeland Security, the National Fire Academy, or a State or local fire academy; ``(3) to provide training related to incident response to firefighting personnel; ``(4) to obtain appropriate equipment, including firefighting vehicles, or support systems for members of the task force; or ``(5) to improve the ability of a member of a task force to communicate with a local police department or hospital. ``(d) Application.--Each task force desiring assistance under this section shall submit an application to the Administrator at such time, in such manner, and accompanied by such information as the Administrator may reasonably require. ``(e) Selection.-- ``(1) In general.--The Administrator shall select each task force to receive assistance under this section. ``(2) Priority.--In selecting a task force to receive assistance under this section, the Administrator shall give priority to task forces that serve a geographic area that is located not more than 50 miles from-- ``(A) a facility that produces nuclear power; ``(B) a large facility that produces, treats, or refines chemicals or petroleum products; ``(C) a business district of national significance; or ``(D) a location with one or more critical infrastructures. ``(f) Matching Requirement.--The Administrator may provide assistance to a task force under this section during a fiscal year only if the task force agrees to provide, for each such fiscal year, an amount of non-Federal funds that is not less than 55 percent of the amount of such assistance provided by the Administrator to the task force for such fiscal year. ``(g) Authorization of Appropriations.--There is authorized to be appropriated to the Administrator to carry out this section the following amounts: ``(1) $1,500,000,000 for fiscal year 2006. ``(2) $1,000,000,000 for each of the fiscal years 2007 through 2015.''.

Firefighters Special Operation Task Force Act - Amends the Federal Fire Prevention and Control Act of 1974 to authorize the Administrator of the U.S. Fire Administration to award grants to a task force (two or more fire services operating under a cooperative agreement to coordinate incident response within a geographic area) for: (1) salary and benefits to hire or rehire firefighting personnel to provide services to the task force; (2) expenses related to the participation of firefighting personnel in appropriate training courses offered by the Department of Homeland Security, the National Fire Academy, or a State or local fire academy; (3) training related to incident response; (4) appropriate equipment or support systems for task force members; or (5) improved communications between task force members and a local police department or hospital. Requires the Administrator, in selecting grantees, to give priority to task forces serving geographic areas within 50 miles of: (1) a nuclear power facility; (2) a large facility that produces, treats, or refines chemicals or petroleum products; (3) a business district of national significance; or (4) a location with one or more critical infrastructures. Requires grantees to provide non-Federal matching funds of at least 55 percent of the amount awarded by the Administrator for each fiscal year.

{"src": "billsum_train", "title": "A bill to amend the Federal Fire Prevention and Control Act of 1974 to authorize the Administrator of the United States Fire Administration to provide assistance to firefighting task forces, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fugitive Information Networked Database Act of 2009'' or the ``FIND Act of 2009''. SEC. 2. DEFINITION. In this Act, the term ``National Crime Information Center database'' means the computerized index of criminal justice information operated by the Federal Bureau of Investigation pursuant to section 534 of title 28, United States Code, and available to Federal, State, and local law enforcement and other criminal justice agencies. SEC. 3. GRANTS TO ENCOURAGE STATES TO ENTER FELONY WARRANTS. (a) State System.--A State Attorney General may, in consultation with local law enforcement and any other relevant government agencies, apply for a grant from the United States Attorney General to-- (1) develop and implement secure, electronic warrant management systems that permit the prompt preparation, submission, and validation of warrants and are compatible and interoperable with the National Crime Information Center database; or (2) upgrade existing electronic warrant management systems to ensure compatibility and interoperability with the National Crime Information Center database; to facilitate information sharing and to ensure that felony warrants entered into State and local warrant databases can be automatically entered into the National Crime Information Center database. The grant funds may also be used to hire additional personnel, as needed, for the validation of warrants entered into the National Crime Information Center database. (b) Eligibility.--In order to be eligible for a grant authorized under subsection (a), a State shall submit to the United States Attorney General-- (1) a plan to develop and implement, or upgrade, systems described in subsection (a); (2) a report that-- (A) details the number of felony warrants outstanding in the State; (B) describes any backlog of warrants that have not been entered into the State and local warrant databases or into the National Crime Information Center database, over the preceding 3 years (including the number of such felony warrants); (C) explains the reasons for the failure of State and local government agencies to enter felony warrants into the National Crime Information Center database; and (D) demonstrates that State and local government agencies have made good faith efforts to eliminate any such backlog; (3) guidelines for warrant entry by State and local government agencies that will ensure that felony warrants entered into State and local warrant databases will also be entered into the National Crime Information Center database and explain the circumstances in which, as a matter of policy, certain felony warrants will not be entered into the National Crime Information Center database; and (4) an assurance that the State will implement such practices and procedures as may be necessary to ensure that all felony warrants for Part I crimes (as classified for the Federal Bureau of Investigation's Uniform Crime Report) that are issued after the date of enactment of this Act are entered into the National Crime Information Center database. (c) Requirements.--Each State that receives a grant under this section shall, as a condition of receiving such grant, report to the Attorney General on an annual basis the number of felony warrants entered into the State and local warrant databases, the number of felony warrants entered into the National Crime Information Center database, and, with respect to felony warrants not entered into the National Crime Information Center database, the reasons for not entering such warrants. (d) Authorization.--There are authorized to be appropriated to the Attorney General $25,000,000 for each of the fiscal years 2009 and 2010 for grants to State and local government agencies for resources to carry out the requirements of this section. SEC. 4. FBI COORDINATION. The Federal Bureau of Investigation shall provide to State and local government agencies the technological standard that ensures compatibility and interoperability of all State and local warrant databases with the National Crime Information Center database. SEC. 5. REPORT REGARDING FELONY WARRANT ENTRY. (a) In General.--Not later than 270 days 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 House of Representatives and the Senate a report regarding-- (1) the number of felony warrants currently active in each State; (2) the number of those felony warrants that State and local government agencies have entered into the National Crime Information Center database; (3) the number of times State and local law enforcement in each State has been contacted regarding a fugitive apprehended in another State over the preceding 3 years; and (4) the number of fugitives from each State who were apprehended in other States over the preceding 3 years but not extradited. (b) Assistance.--To assist in the preparation of the report required by subsection (a), the Attorney General shall provide the Comptroller General of the United States with access to any information collected and reviewed in connection with the grant application process described in section 3. (c) Report.--On an annual basis, the Attorney General shall submit to the Committees on the Judiciary of the House of Representatives and the Senate a report containing the information received from the States under this section 3(c). SEC. 6. ADDITIONAL RESOURCES FOR FUGITIVE TASK FORCES AND EXTRADITION. (a) Presidential Threat Protection Act of 2000.--Section 6(b) of the Presidential Threat Protection Act of 2000 (28 U.S.C. 566 note) is amended by adding at the end the following: ``There are authorized to be appropriated to the Attorney General for the United States Marshals Service to carry out the provisions of this section $20,000,000 for fiscal year 2009 and $10,000,000 for each of the fiscal years 2010 through 2014.''. (b) Justice Prisoner and Alien Transport System.--There are authorized to be appropriated to the Attorney General for the United States Marshals Service $3,000,000 for each of fiscal years 2009 through 2014 to assist in extradition of fugitives through the Justice Prisoner and Alien Transport System.

Fugitive Information Networked Database Act of 2009 or the FIND Act of 2009 - Permits a state attorney general to apply for Department of Justice (DOJ) grants to develop and implement or upgrade systems for the preparation, submission, and validation of state felony warrants that are compatible and interoperable with the National Crime Information Center database. Allows grant funds to be used to hire additional personnel to validate warrants entered into the database. Directs the Federal Bureau of Investigation (FBI) to provide state and local government agencies the technology to make state and local warrant databases compatible and interoperative with the National Crime Information Center database. Authorizes appropriations for the Fugitive Apprehension Task Forces and for the extradition of fugitives through the Justice Prisoner and Alien Transport System.

{"src": "billsum_train", "title": "To encourage the entry of felony warrants into the NCIC database by States and to provide additional resources for extradition."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Evidence-Based Policymaking Commission Act of 2014''. SEC. 2. ESTABLISHMENT. There is established in the executive branch a commission to be known as the ``Commission on Evidence-Based Policymaking'' (in this Act referred to as the ``Commission''). SEC. 3. MEMBERS OF THE COMMISSION. (a) Number and Appointment.--The Commission shall be comprised of 15 members as follows: (1) Three shall be appointed by the President, of whom-- (A) 1 shall be an academic researcher, data expert, or have experience in program administration; (B) 1 shall have expertise in database management, confidentiality, and privacy matters; and (C) 1 shall be the Director of the Office of Management and Budget (or the Director's designee). (2) Three shall be appointed by the Speaker of the House of Representatives, of whom-- (A) 2 shall be academic researchers, data experts, or have experience in program administration; and (B) 1 shall have expertise in database management, confidentiality, and privacy matters. (3) Three shall be appointed by the Minority Leader of the House of Representatives, of whom-- (A) 2 shall be academic researchers, data experts, or have experience in program administration; and (B) 1 shall have expertise in database management, confidentiality, and privacy matters. (4) Three shall be appointed by the Majority Leader of the Senate, of whom-- (A) 2 shall be academic researchers, data experts, or have experience in program administration; and (B) 1 shall have expertise in database management, confidentiality, and privacy matters. (5) Three shall be appointed by the Minority Leader of the Senate, of whom-- (A) 2 shall be academic researchers, data experts, or have experience in program administration; and (B) 1 shall have expertise in database management, confidentiality, and privacy matters. (b) Expertise.--In making appointments under this section, consideration should be given to individuals with expertise in economics, statistics, program evaluation, data security, confidentiality, or database management. (c) Chairperson and Co-Chairperson.--The President shall select the chairperson of the Commission and the Speaker of the House of Representatives shall select the co-chairperson. (d) Timing of Appointments.--Appointments to the Commission shall be made not later than 45 days after the date of enactment of this Act. (e) Terms; Vacancies.--Each member shall be appointed for the duration of the Commission. Any vacancy in the Commission shall not affect its powers, and shall be filled in the manner in which the original appointment was made. (f) Compensation.--Members of the Commission shall serve without pay. (g) Travel Expenses.--Each member 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. SEC. 4. DUTIES OF THE COMMISSION. (a) Study of Data.--The Commission shall conduct a comprehensive study of the data inventory, data infrastructure, and statistical protocols related to Federal policymaking and the statistical and programmatic agencies responsible for maintaining that data to-- (1) determine the optimal arrangement for which administrative data on Federal programs and tax expenditures and related data series may be integrated and made available to facilitate program evaluation, policy-relevant research, and cost-benefit analyses by qualified researchers and institutions; (2) make recommendations on how data infrastructure and protocols should be modified to best fulfill the objectives identified in paragraph (1); and (3) make recommendations on how best to incorporate outcomes measurement, institutionalize randomized controlled trials, and rigorous impact analysis into program design. (b) Clearinghouse.--In undertaking the study required by subsection (a), the Commission shall consider if and how to create a clearinghouse for program and survey data, which shall include evaluation of-- (1) what administrative datasets that are relevant for program evaluation and Federal policy-making should be included in a potential clearinghouse; (2) which survey datasets the administrative datasets identified in paragraph (1) may be linked to, in addition to linkages across administrative data series; (3) what are the legal and administrative barriers to including or linking these data series; (4) what data-sharing infrastructure should be used to facilitate data merging and access for research purposes; (5) how a clearinghouse could be self-funded; (6) which types of qualified researchers, officials, and institutions should have access to data; (7) what limitations should be placed on the use of data provided; (8) how to protect information and ensure individual privacy and confidentiality; (9) how the data and results of research can be used to inform program administrators and policymakers to improve program design; and (10) what incentives may facilitate interagency sharing of information to improve programmatic effectiveness and enhance data accuracy and comprehensiveness. (c) Report.--Upon the affirmative vote of at least three-quarters of the members of the Commission, the Commission shall submit to the President and Congress a detailed statement of its findings and conclusions as a result of the study required by subsection (a), together with its recommendations for such legislation or administrative actions as the Commission considers appropriate in light of the results of the study. (d) Deadline.--The report under subsection (c) shall be submitted not later than the date that is 15 months after the date a majority of the members of the Commission are appointed pursuant to section 3. (e) Definition.--In this section, the term ``administrative data'' means information, in whatever form, generated or collected by an agency in carrying out a Federal program, including any customer service measure, efficiency measure, milestone, outcome measure, or performance indicator, as those terms are defined in section 1115(h) of title 31, United States Code. SEC. 5. OPERATION AND POWERS OF THE COMMISSION. (a) Administrative Assistance.--The heads of the following agencies shall advise and consult with the Commission on matters within their respective areas of responsibility: (1) The Office of Management and Budget. (2) The Bureau of the Census. (3) The Internal Revenue Service. (4) The Bureau of Economic Analysis. (5) The Bureau of Labor Statistics. (6) The Department of Health and Human Services. (7) The Department of Agriculture. (8) The Department of Housing and Urban Development. (9) The Social Security Administration. (10) The Department of Education. (11) The Department of Justice. (12) Any other agency, as determined by the Commission. (b) Meetings.--The Commission shall meet not later than 30 days after the date upon which a majority of its members have been appointed and at such times thereafter as the chairperson or co-chairperson shall determine. (c) Rules of Procedure.--The chairperson and co-chairperson shall, with the approval of a majority of the members of the Commission, establish written rules of procedure for the Commission, which shall include a quorum requirement to conduct the business of the Commission. (d) Hearings.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (e) Contracts.--Subject to the availability of appropriations, the Commission may contract with and compensate government and private agencies or persons for any purpose necessary to enable it to carry out this Act. (f) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. (g) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (h) Census Bureau and NAPA.--Subject to the availability of appropriations, the Director of the Census shall contract with the National Academy of Public Administration to administer the Commission. (i) Funding.-- (1) In general.--Subject to the availability of appropriations, at the request of the Director of the Census, the principal statistical agencies shall provide funds, in a total amount not to exceed $2,000,000, to the Director for purposes of funding the operations of the Commission. (2) Definition.--In this subsection, the term ``principal statistical agency'' has the meaning given that term in the report, published by the Office of Management and Budget, entitled ``Statistical Programs of the United States Government, Fiscal Year 2014''. SEC. 6. PERSONNEL. (a) Director.--The Commission shall have a Director who shall be appointed by the chairperson with the concurrence of the co- chairperson. The Director shall be paid at a rate of pay established by the chairperson and co-chairperson, not to exceed the annual rate of basic pay payable for level V of the Executive Schedule (section 5316 of title 5, United States Code). (b) Staff.--The Director may appoint and fix the pay of additional staff as the Director considers appropriate. (c) Experts and Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not to exceed the daily equivalent of the annual rate of basic pay for a comparable position paid under the General Schedule. SEC. 7. TERMINATION. The Commission shall terminate not later than 18 months after the date of enactment of this Act.

Evidence-Based Policymaking Commission Act of 2014 - Establishes in the executive branch a Commission on Evidence-Based Policymaking. Directs the Commission to conduct a comprehensive study of the data inventory, data infrastructure, and statistical protocols related to federal policymaking and the statistical and programmatic agencies responsible for maintaining that data to: determine the optimal arrangement for which administrative data on federal programs and tax expenditures and related data series may be integrated and made available to facilitate program evaluation, policy-relevant research, and cost-benefit analyses by qualified researchers and institutions; make recommendations on how data infrastructure and protocols should be modified to best fulfill those objectives; and make recommendations on how best to incorporate outcomes measurement, institutionalize randomized controlled trials, and rigorous impact analysis into program design. Requires the Commission to consider if and how to create a clearinghouse for program and survey data. Terminates the Commission not later than 18 months after enactment of this Act.

{"src": "billsum_train", "title": "Evidence-Based Policymaking Commission Act of 2014"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Buffalo Bayou National Heritage Area Study Act''. SEC. 2. NATIONAL PARK SERVICE STUDY REGARDING BUFFALO BAYOU, TEXAS. (a) Findings.--The Congress finds the following: (1) The area beginning at Shepherd Drive in west Houston, Texas, and extending to the Turning Basin, commonly referred to as the ``Buffalo Bayou'', made a unique contribution to the cultural, political, and industrial development of the United States. (2) The Buffalo Bayou is distinctive as the first spine of modern industrial development in Texas and one of the first along the Gulf of Mexico coast. (3) The Buffalo Bayou played a significant role in the struggle for Texas independence. (4) The Buffalo Bayou developed a prosperous and productive shipping industry that survives today. (5) The Buffalo Bayou led in the development of Texas' petrochemical industry that made Houston the center of the early oil boom in America. (6) The Buffalo Bayou developed a sophisticated shipping system, leading to the formation of the modern day Houston Ship Channel. (7) The Buffalo Bayou developed a significant industrial base, and served as the focal point for the new city of Houston. (8) There is a longstanding commitment by the Buffalo Bayou Partnership, Inc., to complete the Buffalo Bayou Trail along the 12-mile segment of the Buffalo Bayou. (9) There is a need for assistance for the preservation and promotion of the significance of the Buffalo Bayou as a system for transportation, industry, commerce, and immigration. (10) The Department of the Interior is responsible for protecting the Nation's cultural and historical resources. There are significant examples of such resources within the Buffalo Bayou region to merit the involvement of the Federal Government in the development of programs and projects, in cooperation with the Buffalo Bayou Partnership, Inc., the State of Texas, and other local and governmental entities, to adequately conserve, protect, and interpret this heritage for future generations, while providing opportunities for education and revitalization. (b) Study.-- (1) In general.--The Secretary shall, in consultation with the State of Texas, the City of Houston, and other appropriate organizations, carry out a study regarding the suitability and feasibility of establishing the Buffalo Bayou National Heritage Area in Houston, Texas. (2) Contents.--The study shall include analysis and documentation regarding whether the Study Area-- (A) has an assemblage of natural, historic, and cultural resources that together represent distinctive aspects of American heritage worthy of recognition, conservation, interpretation, and continuing use, and are best managed through partnerships among public and private entities and by combining diverse and sometimes noncontiguous resources and active communities; (B) reflects traditions, customs, beliefs, and folklife that are a valuable part of the national story; (C) provides outstanding opportunities to conserve natural, historic, cultural, or scenic features; (D) provides outstanding recreational and educational opportunities; (E) contains resources important to the identified theme or themes of the Study Area that retain a degree of integrity capable of supporting interpretation; (F) includes residents, business interests, nonprofit organizations, and local and State governments that are involved in the planning, have developed a conceptual financial plan that outlines the roles for all participants, including the Federal Government, and have demonstrated support for the concept of a national heritage area; (G) has a potential management entity to work in partnership with residents, business interests, nonprofit organizations, and local and State governments to develop a national heritage area consistent with continued local and State economic activity; and (H) has a conceptual boundary map that is supported by the public. (c) Boundaries of the Study Area.--The Study Area shall be comprised of sites in Houston, Texas, in an area roughly bounded by Shepherd Drive and extending to the Turning Basin, commonly referred to as the ``Buffalo Bayou''. (d) Submission of Study Results.--Not later than 3 years after funds are first made available for this section, the Secretary shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report describing the results of the study. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Buffalo Bayou National Heritage Area Study Act - Requires the Secretary of the Interior, in consultation with the State of Texas, the City of Houston, and other appropriate organizations, to study the suitability and feasibility of establishing the Buffalo Bayou National Heritage Area in west Houston, Texas.Sets forth the requirements for such study, including analysis and documentation regarding whether the Study Area: (1) has resources that represent distinctive aspects of American heritage best managed though public/private partnerships; (2) has traditions and folklife reflective of valuable parts of the national story; (3) provides conservation, recreational, and educational opportunities; (4) contains resources supporting interpretation; (5) has a developed financial plan and a potential management entity; and (6) has a conceptual boundary supported by the public.Sets forth the boundaries of the Area. Requires the Secretary to report to the appropriate congressional committees within three years of receiving funding for this study,.

{"src": "billsum_train", "title": "To authorize the Secretary of the Interior to study the suitability and feasibility of establishing the Buffalo Bayou National Heritage Area in west Houston, Texas."}

SECTION 1. ESTABLISHMENT OF COMMISSION. There is established in the legislative branch the Independent Commission on the Investigation of Detainee Abuses (in this title referred to as the ``Commission''). SEC. 2. DUTIES. (a) Investigation.--The Commission shall conduct a full, complete, independent, and impartial investigation of the abuses of detainees in connection with Operation Iraqi Freedom, Operation Enduring Freedom, or any operation within the Global War on Terrorism, including but not limited to the following: (1) The extent of the abuses. (2) Why the abuses occurred. (3) Who is responsible for the abuses. (4) Whether any particular Department of Defense, Department of State, Department of Justice, Central Intelligence Agency, National Security Council, or White House policies, procedures, or decisions facilitated the detainee abuses. (5) What policies, procedures, or mechanisms failed to prevent the abuses. (6) What legislative or executive actions should be taken to prevent such abuses from occurring in the future. (7) The extent, if any, to which Guantanamo Detention Center policies influenced policies at the Abu Ghraib prison and other detention centers in and outside Iraq. (b) Assessment, Analysis, and Evaluation.--During the course of its investigation, the Commission shall assess, analyze, and evaluate relevant persons, policies, procedures, reports, and events, including but not limited to the following: (1) The Military Chain of Command. (2) The National Security Council. (3) The Department of Justice. (4) The Department of State. (5) The Office of the White House Counsel. (6) The Defense Intelligence Agency and the Central Intelligence Agency. (7) The approval process for interrogation techniques used at detention facilities in Iraq, Cuba, Afghanistan, and elsewhere. (8) The integration of military police and military intelligence operations to coordinate detainee interrogation. (9) The roles and actions of private civilian contractors in the abuses and whether they violated the Military Extraterritorial Jurisdiction Act or any other United States statutes or international treaties to which the United States is a party. (10) The role of nongovernmental organizations' warnings to United States officials about the abuses. (11) The role of Congress and whether it was fully informed throughout the process that uncovered these abuses. (12) The extent to which the United States complied with the applicable provisions of the Geneva Conventions of 1949, and the extent to which the United States may have violated international law by restricting the access of the International Committee of the Red Cross to detainees. (13) The extent to which the United States complied with the applicable provisions of other human rights treaties, including the International Covenant on Civil and Political Rights and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. SEC. 3. COMPOSITION OF COMMISSION. (a) Members.--The Commission shall be composed of 10 members, of whom-- (1) 1 member shall be appointed by the President; (2) 1 member shall be jointly appointed by the minority leader of the Senate and the minority leader of the House of Representatives; (3) 2 members shall be appointed by the majority leader of the Senate; (4) 2 members shall be appointed by the Speaker of the House of Representatives; (5) 2 members shall be appointed by the minority leader of the Senate; and (6) 2 members shall be appointed by the minority leader of the House of Representatives. (b) Qualifications; Initial Meeting.-- (1) Nongovernmental appointees.--An individual appointed to the Commission may not be an officer or employee of the Federal Government or any State or local government. (2) Other qualifications.--Individuals that shall be appointed to the Commission should be prominent United States citizens, with national recognition and significant depth of experience in such professions as governmental service, law enforcement, the armed services, law, public administration, intelligence gathering, international human rights and humanitarian law, and foreign affairs. (3) Deadline for appointment.--All members of the Commission shall be appointed within 45 days following the enactment of this Act. (4) Chairman and vice chairman.--The chairman and vice chairman of the Commission shall be elected by a majority vote of the members. (5) Meetings.--The Commission shall meet and begin the operations of the Commission as soon as practicable. After its initial meeting, the Commission shall meet upon the call of the chairman or a majority of its members. (c) Quorum; Vacancies.--Six members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. (d) Conflicts of Interest.-- (1) Financial disclosure.--Each member appointed to the Commission shall submit a financial disclosure report pursuant to the Ethics in Government Act of 1978, notwithstanding the minimum required rate of compensation or time period employed. (2) Independence from subjects of investigations.--Each member appointed to the Commission shall be independent of any agency, individual, or institution that may be the subject of investigation by the Commission. SEC. 4. POWERS OF COMMISSION. (a) In General.-- (1) Hearings and evidence.--The Commission or, on the authority of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out this title-- (A) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths; and (B) subject to paragraph (2)(A), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member may determine advisable. (2) Subpoenas.-- (A) Issuance.-- (i) In general.--A subpoena may be issued under this subsection only-- (I) by the agreement of the chairman and the vice chairman; or (II) by the affirmative vote of 6 members of the Commission. (ii) Signature.--Subject to clause (i), subpoenas issued under this subsection may be issued under the signature of the chairman or any member designated by a majority of the Commission, and may be served by any person designated by the chairman or by a member designated by a majority of the Commission. (B) Enforcement.-- (i) In general.--In the case of contumacy or failure to obey a subpoena issued under this subsection, the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court. (ii) Additional enforcement.--In the case of any failure of any witness to comply with any subpoena or to testify when summoned under authority of this subsection, the Commission may, by majority vote, certify a statement of fact constituting such failure to the appropriate United States attorney, who may bring the matter before the grand jury for its action, under the same statutory authority and procedures as if the United States attorney had received a certification under sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192 through 194). (3) Scope.--In carrying out its duties under this Act, the Commission may examine the actions and representations of the current Administration as well as prior Administrations. (b) Contracting.--The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties of this Act. (c) Information From Federal Agencies.-- (1) In general.--The Commission may secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Federal Government, information, suggestions, estimates, and statistics for the purposes of this Act. Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the chairman, the chairman of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission. (2) Receipt, handling, storage, and dissemination.-- Information shall only be received, handled, stored, and disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders. (d) Assistance From Federal Agencies.-- (1) General services administration.--The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the Commission's functions. (2) Other departments and agencies.--In addition to the assistance prescribed in paragraph (1), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. (e) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (f) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. SEC. 5. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT. (a) In General.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (b) Public Meetings and Release of Public Versions of Reports.--The Commission shall-- (1) hold public hearings and meetings to the extent appropriate; and (2) release public versions of the reports required under section 9. (c) Public Hearings.--Any public hearings of the Commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Commission as required by any applicable statute, regulation, or Executive order. SEC. 6. STAFF OF COMMISSION. (a) In General.-- (1) Appointment and compensation.--The chairman and the vice chairman jointly, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (2) Personnel as federal employees.-- (A) In general.--The staff director and any personnel of the Commission who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. (B) Members of commission.--Subparagraph (A) shall not be construed to apply to members of the Commission. (b) Detailees.--Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (c) Consultant Services.--The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. SEC. 7. COMPENSATION AND TRAVEL EXPENSES. (a) Compensation.--Each member of the Commission may be compensated at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (b) Travel Expenses.--While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. SEC. 8. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF. (a) In General.--Subject to subsection (b), the appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to the Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements. (b) Exception.--No person shall be provided with access to classified information under this title without the appropriate required security clearance access. SEC. 9. REPORTS OF COMMISSION; TERMINATION. (a) Interim Reports.--The Commission may submit to Congress and the President interim reports containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (b) Final Report.--Not later than 18 months after the date of the enactment of this Act, the Commission shall submit to Congress and the President a final report containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (c) Form of Report.--Each report prepared under this section shall be submitted in unclassified form, but may contain a classified annex. (d) Recommendation to Make Public Certain Classified Information.-- If the Commission determines that it is in the public interest that some or all of the information contained in a classified annex of a report under this section be made available to the public, the Commission shall make a recommendation to the congressional intelligence committees to make such information public, and the congressional intelligence committees shall consider the recommendation pursuant to the procedures under subsection (e). (e) Procedure for Declassifying Information.-- (1) The procedures referred to in subsection (d) are the procedures described in-- (A) with respect to the Permanent Select Committee on Intelligence of the House of Representatives, clause 11(g) of rule X of the Rules of the House of Representatives, One Hundred Ninth Congress; and (B) with respect to the Select Committee on Intelligence of the Senate, section 8 of Senate Resolution 400, Ninety-Fourth Congress. (2) In this section, the term ``congressional intelligence committees'' means-- (A) the Permanent Select Committee on Intelligence of the House of Representatives; and (B) the Select Committee on Intelligence of the Senate. SEC. 10. TERMINATION. (a) In General.--The Commission, and all the authorities of this Act, shall terminate 60 days after the date on which the final report is submitted under section 9(b). (b) Administrative Activities Before Termination.--The Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report. SEC. 11. FUNDING. (a) Authorization of Appropriations.--There is authorized to be appropriated funds not to exceed $5,000,000 for purposes of the activities of the Commission under this Act. (b) Duration of Availability.--Amounts made available to the Commission under subsection (a) shall remain available until the termination of the Commission.

Establishes in the legislative branch the Independent Commission on the Investigation of Detainee Abuses to conduct a full, complete, independent, and impartial investigation of the abuses of detainees in connection with Operation Iraqi Freedom, Operation Enduring Freedom, or any operation within the Global War on Terrorism, including, but not limited to: (1) the extent of the abuses; (2) why the abuses occurred; and (3) who is responsible. Directs the Commission, in connection with the investigation, to assess, analyze, and evaluate relevant persons, policies, procedures, reports, and events. Authorizes the Commission to report interim findings, conclusions, and recommendations to Congress and the President. Requires a final report containing recommendations for corrective measures. Terminates the Commission 60 days after its final report.

{"src": "billsum_train", "title": "To establish an independent Commission to investigate detainee abuses."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lake Traverse Reservation Heirship Act of 2007''. SEC. 2. AMENDMENTS TO LAKE TRAVERSE HEIRSHIP ACT. Public Law 98-513 is amended by striking section 5 (98 Stat. 2413) and inserting the following: ``SEC. 5. INHERITANCE OF SMALL FRACTIONAL INTEREST. ``(a) Definition of Small Fractional Interest.--In this section, the term `small fractional interest' means an undivided trust or restricted interest in a parcel of land within the reservation that-- ``(1) represents less than 5 percent of the entire undivided ownership of the parcel of land (as reflected in the decedent's estate inventory as of the date on which the decisionmaker enters the final decision determining heirs); and ``(2) does not exceed the equivalent of 2\1/2\ acres if the interest were to be expressed in terms of its proportionate share of the total acreage of the parcel of land of which the interest is a part. ``(b) Intestate Inheritance in General.--Notwithstanding section 3, no small fractional interest shall pass by intestate succession under this Act or any other provision of law except as provided in subsection (c). ``(c) Inheritance by Tribe.--If a person dies possessed of a small fractional interest that has not been devised in accordance with subsection (d) to 1 or more eligible devisees described in that subsection, the small fractional interest shall pass to the Tribe, with title to the interest to be held by the United States in trust for the Tribe. ``(d) Inheritance by Testamentary Devise.-- ``(1) Eligible devisees.--Notwithstanding any other provision of this Act, and subject to paragraph (2), a small fractional interest may be devised only to the following eligible devisees: ``(A) The tribe. ``(B) Any person who is an enrolled member of the Tribe prior to entry of the final probate order. ``(2) Requirements.-- ``(A) No surviving spouse.--In any case in which a surviving spouse of a decedent does not exist, the small fractional interest of the decedent shall pass only to an heir of the decedent who is an enrolled member of the Tribe before the date on which a final probate order relating to the estate is entered. ``(B) Devises of small fractional interests.--No devise of a small fractional interest shall be valid as to a devisee unless-- ``(i) the devisee is eligible to receive the small fractional interest by devise under paragraph (1); and ``(ii) the devise is made in a will that has been approved by the Secretary of the Interior in accordance with section 2 of the Act of June 25, 1910 (36 Stat. 856, chapter 431). ``(C) Descent of interest.--A small fractional interest shall pass, in trust or restricted status-- ``(i)(I) to the surviving child of the decedent, if the child is eligible to receive the interest by devise under paragraph (1); or ``(II) if 2 or more surviving children of the decedent are eligible to receive the interest, to the oldest of the children; ``(ii)(I) if the interest does not pass under clause (i), to the surviving grandchild of the decedent, if the grandchild is eligible to receive the interest by devise under paragraph (1); or ``(II) if 2 or more surviving grandchildren of the decedent are eligible to receive the interest, to the oldest of the grandchildren; ``(iii)(I) if the interest does not pass under clause (i) or (ii), to the surviving great-grandchild of the decedent, if the great- grandchild is eligible to receive the interest by devise under paragraph (1); or ``(II) if 2 or more surviving great- grandchildren of the decedent are eligible to receive the interest, to the oldest of the great-grandchildren; or ``(iv) if the interest does not pass under clause (i), (ii), or (iii), to the Tribe. ``(3) Holding in trust.--Any small fractional interest devised in accordance with this subsection shall pass to the devisee or devisees on the death of the testator, with title to be held by the United States in trust for the devisee or devisees.''. SEC. 3. NOTICE TO LANDOWNERS; CERTIFICATION. (a) Notice.--Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior (referred to in this Act as the ``Secretary'') shall provide notice of the amendment made by section 2 to owners of trust and restricted interests in land within the Lake Traverse Indian Reservation by-- (1) posting written notice of the amendment at the administrative headquarters of the Sisseton-Wahpeton Oyate of the Lake Traverse Reservation of North Dakota and South Dakota and at the Agency of the Bureau of Indian Affairs located in Agency Village, South Dakota; (2) publishing the notice not fewer than 4 times in newspapers of general circulation in all counties in which any part of the Lake Traverse Reservation is located; and (3) sending the notice by first class mail to the last known addresses of Indians with interests in trust or restricted land within the Lake Traverse Reservation. (b) Certification.--After providing notice under subsection (a), the Secretary shall-- (1) certify that notice has been given in accordance with that subsection; and (2) publish notice of the certification in the Federal Register. SEC. 4. ESCHEATMENTS. (a) Definition of Escheatment.--In this section, the term ``escheatment'' means an escheatment to the Sisseton-Wahpeton Oyate of an interest in land pursuant to section 5 of Public Law 98-513 (98 Stat. 2411). (b) Purposes.--The purposes of this section are-- (1) to establish a process for providing compensation for escheatments; and (2) to ratify the escheatments. (c) Ratification of Escheatments.-- (1) In general.--Subject to the requirements of this section, each escheatment is ratified. (2) Holding in trust.--The title to each interest subject to an escheatment shall be held by the United States in trust for the Sisseton-Wahpeton Oyate. (d) Actions Barred.--Notwithstanding any other provision of law, except as provided in subsection (4)(C)(ii), no court shall have jurisdiction over a claim challenging-- (1) an escheatment; or (2) the compensation provided for an escheatment. (e) Compensation.-- (1) In general.--The Secretary shall provide compensation in an amount described in paragraph (2) to any individual that, absent an escheatment, would have inherited land or an interest in land. (2) Amount.-- (A) In general.--In determining the amount of compensation to be provided under paragraph (1), the Secretary shall take into consideration-- (i) any appraisal report prepared with respect to the probate of the estate of the decedent that owned the applicable land or interest in land on the day before the date on which the land or interest was subject to an escheatment; or (ii) if an appraisal described in clause (i) is not available, the appraised value of the land or interest in land as of the date of probate of the land or interest. (B) Interest.--The amount of compensation provided under this subsection shall include interest calculated from the date of probate of the applicable land or interest in land in accordance with section 3116 of title 40, United States Code. (3) Review of determinations.-- (A) Administrative review.--A determination by the Secretary of the amount of compensation provided under this subsection shall be subject to administrative review in accordance with regulations of the Secretary contained in chapters I and II of title 25, Code of Federal Regulations (or successor regulations). (B) Judicial review.-- (i) In general.--No court shall have jurisdiction to review a determination by the Secretary of the amount of compensation provided under this subsection until the date on which a final decision is made with respect to the administrative review of the determination. (ii) Deadline.-- (I) In general.--An action seeking judicial review of a determination by the Secretary under this subsection shall be filed by not later than 1 year after the date described in clause (i). (II) Failure to meet deadline.--If the deadline described in subclause (I) is not met with respect to a determination of the Secretary, the determination shall not be subject to judicial review. (4) Exclusive remedy.--Compensation provided under this subsection with respect to an escheatment shall be the exclusive remedy for the escheatment. (f) Regulations.--The Secretary shall promulgate such regulations as the Secretary determines to be necessary to carry out this section. (g) Applicability.-- (1) In general.--This section shall apply to escheatments only if-- (A) the amendment made by section 2 is determined to be invalid for any reason by a court of competent jurisdiction; and (B) all appeals of such a determination are exhausted. (2) Effect of subsection.--Nothing in this subsection invalidates the amendment made by section 2. SEC. 5. EFFECTIVE DATE. (a) Effect on Interests.--The amendment made by section 2 shall not affect any interest in the estate of a person who dies before the date that is 1 year after the date on which the Secretary publishes notice of the certification under section 3(b). (b) Effect on Wills.--The amendment made by section 2 shall not affect the validity or effect of any will executed before the date that is 1 year after the date on which the Secretary publishes notice of the certification under section 3(b).

Lake Traverse Reservation Heirship Act of 2007 - Amends federal Indian law to provide for the inheritance of small fractional interests within the Lake Traverse Indian Reservation.

{"src": "billsum_train", "title": "A bill to amend Public Law 98-513 to provide for the inheritance of small fractional interests within the Lake Traverse Indian Reservation."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Girls Count Act of 2014''. SEC. 2. FINDINGS. Congress makes the following findings: (1) According to the United States Census Bureau's 2013 international figures, 1 person in 12--or close to 900,000,000 people--is a girl or young woman age 10 through 24. (2) The data also asserts that young people are the fastest growing segment of the population in developing countries. (3) Even though most countries do have birth registration laws, nearly one-third of all children under the age of 5 worldwide have never had their births registered. Moreover, an estimated 45 percent of children under the age of 5 worldwide (about 290 million children) do not possess a birth certificate. (4) A nationally recognized proof of birth is the key to determining a child's citizenship, nationality, place of birth, parentage and age, without which a passport, drivers license, or national identification card are impossible to obtain. Those who lack such documentation are often prevented from officially participating in and benefitting from the formal economic, legal, and political sectors in their countries. (5) The lack of birth registration among girls worldwide is particularly concerning as it exacerbates their disproportionate vulnerability to trafficking, child marriage, and lack of access to health and education services. (6) A lack of birth registration among women and girls can also aggravate what in many places amounts to an already reduced ability to seek employment, participate in civil society or purchase or inherit land and other assets. (7) Girls undertake much of the domestic labor needed for poor families to survive: carrying water, harvesting crops, tending livestock, caring for younger children, and doing chores. (8) Accurate assessments of access to education, poverty levels, and overall census activities are hampered by the lack of official information on women and girls. Without this rudimentary information, assessments of foreign assistance and domestic social welfare programs cannot be accurately gauged. (9) To ensure that women and girls are fully integrated into United States foreign assistance policies and programs, that the specific needs of girls are, to the maximum extent possible, addressed in the design, implementation, and evaluation of development assistance programs, and that women and girls have the power to affect the decisions that affect their lives, all girls should be counted and have access to birth certificates and other official documentation. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States to-- (1) encourage countries to uphold the Universal Declaration of Human Rights and enact laws that ensure girls and boys of all ages are full participants in society, including requiring birth certifications and some type of national identity card to ensure that all citizens, including girls, are counted; (2) enhance training and capacity-building to developing countries, local nongovernmental organizations, and other civil society organizations to effectively address the needs of birth registries in countries where girls are undercounted; (3) include organizations representing children and families in the design, implementation, and monitoring of programs under this Act; and (4) mainstream into the design, implementation, and evaluation of policies and programs at all levels an understanding of the distinctive impact that such policies and programs may have on girls. SEC. 4. UNITED STATES ASSISTANCE TO SUPPORT COUNTING OF GIRLS IN THE DEVELOPING WORLD. (a) Authorization.--The Secretary and the Administrator are authorized to-- (1) support programs that will contribute to improved and sustainable Civil Registration and Vital Statistics Systems (CRVS) with a focus on birth registration as the first and most important life event to be registered; (2) promote programs that build the capacity of developing countries' national and local legal and policy frameworks to prevent discrimination against girls; (3) support programs to help increase property rights, social security, and home ownership, land tenure security, and inheritance rights for women; and (4) assist key ministries in the governments of developing countries, including health, interior, youth, and education ministries, to ensure that girls from poor households obtain equitable access to social programs. (b) Coordination With Multilateral Organizations.--The Secretary shall coordinate with the World Bank, relevant United Nations agencies and programs, and other relevant organizations to urge and work with countries to enact, implement, and enforce laws that specifically collect data on girls and establish registration and identification laws to ensure girls are active participants in the social, economic, legal and political sectors of society in their countries. (c) Coordination With Private Sector and Civil Society Organizations.--The Secretary and the Administrator should work with United States, international, and local private sector and civil society organizations to advocate for the registration and documentation of all girls and boys in developing countries to prevent exploitation, violence, and other abuses. SEC. 5. REPORT. The Secretary and the Administrator shall include in relevant evaluations and reports to Congress the following information: (1) To the extent practicable, United States foreign assistance and development assistance beneficiaries by age, gender, marital status, location, and school enrollment status. (2) A description of how United States foreign assistance and development assistance benefits girls. (3) Specific information on programs that address the particular needs of girls. SEC. 6. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the United States Agency for International Development. (2) Foreign assistance.--The term ``foreign assistance'' has the meaning given the term in section 634(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2394(b)). (3) Secretary.--The term ``Secretary'' means the Secretary of State. SEC. 7. SUNSET. This Act shall expire on the date that is 5 years after the date of the enactment of this Act. Passed the House of Representatives November 19, 2014. Attest: KAREN L. HAAS, Clerk.

Girls Count Act of 2014 - Authorizes the Secretary of State and the Administrator of the U.S. Agency for International Development (USAID) to: support programs that will contribute to improved civil registration and vital statistics systems with a focus on birth registration; promote programs that build the capacity of developing countries' national and local legal and policy frameworks to prevent discrimination against girls, and help increase property rights, social security, land tenure, and inheritance rights for women; and assist government ministries of developing countries to ensure that poor girls obtain equitable access to social programs. Directs the Secretary to coordinate with multilateral organizations to work with countries to enact laws that collect data on girls and establish registration and identification laws to ensure that girls participate in the social, economic, legal and political sectors of their countries. Urges the Secretary and the Administrator to work with U.S., international, and local private sector and civil society organizations to advocate for the registration and documentation of all girls and boys in developing countries to prevent exploitation, violence, and other abuses. Directs the Secretary and the Administrator to include in reports to Congress information regarding: (1) U.S. foreign and development assistance beneficiaries by age, gender, marital status, location, and school enrollment status; and (2) how U.S. foreign and development assistance benefits girls. Sunsets this Act five years after its enactment.

{"src": "billsum_train", "title": "Girls Count Act of 2014"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Do-Not-Track Online Act of 2011''. SEC. 2. REGULATIONS RELATING TO ``DO-NOT-TRACK'' MECHANISMS. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Federal Trade Commission shall promulgate-- (1) regulations that establish standards for the implementation of a mechanism by which an individual can simply and easily indicate whether the individual prefers to have personal information collected by providers of online services, including by providers of mobile applications and services; and (2) rules that prohibit, except as provided in subsection (b), such providers from collecting personal information on individuals who have expressed, via a mechanism that meets the standards promulgated under paragraph (1), a preference not to have such information collected. (b) Exception.--The rules promulgated under paragraph (2) of subsection (a) shall allow for the collection and use of personal information on an individual described in such paragraph, notwithstanding the expressed preference of the individual via a mechanism that meets the standards promulgated under paragraph (1) of such subsection, to the extent-- (1) necessary to provide a service requested by the individual, including with respect to such service, basic functionality and effectiveness, so long as such information is anonymized or deleted upon the provision of such service; or (2) the individual-- (A) receives clear, conspicuous, and accurate notice on the collection and use of such information; and (B) affirmatively consents to such collection and use. (c) Factors.--In promulgating standards and rules under subsection (a), the Federal Trade Commission shall consider and take into account the following: (1) The appropriate scope of such standards and rules, including the conduct to which such rules shall apply and the persons required to comply with such rules. (2) The technical feasibility and costs of-- (A) implementing mechanisms that would meet such standards; and (B) complying with such rules. (3) Mechanisms that-- (A) have been developed or used before the date of the enactment of this Act; and (B) are for individuals to indicate simply and easily whether the individuals prefer to have personal information collected by providers of online services, including by providers of mobile applications and services. (4) How mechanisms that meet such standards should be publicized and offered to individuals. (5) Whether and how information can be collected and used on an anonymous basis so that the information-- (A) cannot be reasonably linked or identified with a person or device, both on its own and in combination with other information; and (B) does not qualify as personal information subject to the rules promulgated under subsection (a)(2). (6) The standards under which personal information may be collected and used, subject to the anonymization or deletion requirements of subsection (b)(1)-- (A) to fulfill the basic functionality and effectiveness of an online service, including a mobile application or service; (B) to provide the content or services requested by individuals who have otherwise expressed, via a mechanism that meets the standards promulgated under subsection (a)(1), a preference not to have personal information collected; and (C) for such other purposes as the Commission determines substantially facilitates the functionality and effectiveness of the online service, or mobile application or service, in a manner that does not undermine an individual's preference, expressed via such mechanism, not to collect such information. (d) Rulemaking.--The Federal Trade Commission shall promulgate the standards and rules required by subsection (a) in accordance with section 553 of title 5, United States Code. SEC. 3. ENFORCEMENT OF ``DO-NOT-TRACK'' MECHANISMS. (a) Enforcement by Federal Trade Commission.-- (1) Unfair or deceptive acts or practices.--A violation of a rule promulgated under section 2(a)(2) shall be treated as an unfair and deceptive act or practice in 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.-- (A) In general.--Except as provided in subparagraph (C), the Federal Trade Commission shall enforce this Act 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. (B) Privileges and immunities.--Except as provided in subparagraph (C), any person who violates this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (C) Nonprofit organizations.--The Federal Trade Commission shall enforce this Act with respect to an organization that is not organized to carry on business for its own profit or that of its members as if such organization were a person over which the Commission has authority pursuant to section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)). (b) Enforcement by States.-- (1) In general.--In any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by the engagement of any person subject to a rule promulgated under section 2(a)(2) in a practice that violates the rule, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States-- (A) to enjoin further violation of such rule by such person; (B) to compel compliance with such rule; (C) to obtain damages, restitution, or other compensation on behalf of such residents; (D) to obtain such other relief as the court considers appropriate; or (E) to obtain civil penalties in the amount determined under paragraph (2). (2) Civil penalties.-- (A) Calculation.--Subject to subparagraph (B), for purposes of imposing a civil penalty under paragraph (1)(E) with respect to a person that violates a rule promulgated under section 2(a)(2), the amount determined under this paragraph is the amount calculated by multiplying the number of days that the person is not in compliance with the rule by an amount not greater than $16,000. (B) Maximum total liability.--The total amount of civil penalties that may be imposed with respect to a person that violates a rule promulgated under section 2(a)(2) shall not exceed $15,000,000 for all civil actions brought against such person under paragraph (1) for such violation. (C) Adjustment for inflation.--Beginning on the date on which the Bureau of Labor Statistics first publishes the Consumer Price Index after the date that is 1 year after the date of the enactment of this Act, and annually thereafter, the amounts specified in subparagraphs (A) and (B) shall be increased by the percentage increase in the Consumer Price Index published on that date from the Consumer Price Index published the previous year. (3) Rights of federal trade commission.-- (A) Notice to federal trade commission.-- (i) In general.--Except as provided in clause (iii), the attorney general of a State shall notify the Federal Trade Commission in writing that the attorney general intends to bring a civil action under paragraph (1) before initiating the civil action. (ii) Contents.--The notification required by clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. (iii) Exception.--If it is not feasible for the attorney general of a State to provide the notification required by clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Federal Trade Commission immediately upon instituting the civil action. (B) Intervention by federal trade commission.--The Federal Trade Commission may-- (i) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (ii) upon intervening-- (I) be heard on all matters arising in the civil action; and (II) file petitions for appeal of a decision in the civil action. (4) Investigatory powers.--Nothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (5) Preemptive action by federal trade commission.--If the Federal Trade Commission institutes a civil action or an administrative action with respect to a violation of a rule promulgated under section 2(a)(2), the attorney general of a State may not, during the pendency of such action, bring a civil action under paragraph (1) against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action. (6) Venue; service of process.-- (A) Venue.--Any action brought under paragraph (1) may be brought in-- (i) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (ii) another court of competent jurisdiction. (B) Service of process.--In an action brought under paragraph (1), process may be served in any district in which the defendant-- (i) is an inhabitant; or (ii) may be found. (7) Actions by other state officials.-- (A) In general.--In addition to civil actions brought by attorneys general under paragraph (1), any other officer of a State who is authorized by the State to do so may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general. (B) Savings provision.--Nothing in this subsection may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State. SEC. 4. BIENNIAL REVIEW AND ASSESSMENT. Not later than 2 years after the effective date of the regulations initially promulgated under section 2, the Federal Trade Commission shall-- (1) review the implementation of this Act; (2) assess the effectiveness of such regulations, including how such regulations define or interpret the term ``personal information'' as such term is used in section 2; (3) assess the effect of such regulations on online commerce; and (4) submit to Congress a report on the results of the review and assessments required by this section.

Do-Not-Track Online Act of 2011 - Requires the Federal Trade Commission (FTC) to promulgate: (1) regulations that establish standards for the implementation of a mechanism by which an individual can indicate whether he or she prefers to have personal information collected by providers of online services, including by providers of mobile applications and services; and (2) rules that prohibit such providers from collecting personal information on individuals who have expressed a preference not to have such information collected. Requires such rules to allow for the collection and use of personal information if: (1) the information is necessary to provide a service requested by the individual so long as identifying particulars are removed or the information is deleted upon the provision of such service; or (2) the individual receives clear, conspicuous, and accurate notice on, and consents to, such collection and use. Provides for FTC and state enforcement of such rules and regulations.

{"src": "billsum_train", "title": "A bill to require the Federal Trade Commission to prescribe regulations regarding the collection and use of personal information obtained by tracking the online activity of an individual, and for other purposes."}

SECTION 1. SHORT TITLE; PURPOSE. (a) Short Title.--This Act may be referred to as the ``VoIP Regulatory Freedom Act of 2004''. (b) Purpose.--The purpose of this Act is to prevent the imposition of harmful obligations or a patchwork of multiple and discriminatory regulations on the providers of applications that utilize the Internet protocol or any successor protocol to offer 2-way or multidirectional voice communications. SEC. 2. ASSERTION OF FEDERAL JURISDICTION. (a) In General.--Notwithstanding any other provision of law, responsibility and authority to regulate the offering or provision of a voice-over-Internet-protocol application is reserved solely to the Federal Government. (b) Prohibition of State Regulation.--No State or political subdivision thereof may enact or enforce any law, rule, regulation, standard, or other provision having the force or effect of law that regulates, or has the effect of regulating, the offering or provision of a VoIP application. (c) Prohibition of Delegation to States.--Any responsibility or authority to regulate the offering or provision of a VoIP application that, pursuant to subsection (a), is reserved by the Federal Government may not be delegated, by any Federal agency or officer, to any State or political subdivision thereof. SEC. 3. PREEMPTION OF BROAD FCC AUTHORITY. Except as specifically provided in this Act and notwithstanding any other provision of law, the Commission shall not impose any rule or regulation on, or otherwise regulate, the offering or provision of a VoIP application. SEC. 4. FCC AUTHORITY REGARDING CONNECTED VOIP APPLICATIONS. (a) Interprovider Compensation.-- (1) Rulemaking.--Within 180 days after the date of the enactment of this Act, the Commission shall complete a proceeding to establish a set of rules and standards to provide for appropriate arrangements to compensate providers of facilities and equipment used to transmit communications employing a connected VoIP application. (2) Factors.--In the proceeding the Commission shall-- (A) provide for an appropriate transition period to allow providers of such facilities and equipment and providers of connected VoIP applications to comply with any rules and standards established; and (B) consider the unique nature and circumstances relating to the use of such facilities and equipment in varying geographic markets and rural areas. (b) Universal Service.--Within 180 days after the date of the enactment of this Act, the Commission shall complete a proceeding to provide a contribution mechanism applicable to connected VoIP applications, which may include a collection methodology based on the assignment of telephone numbers to end users, other methodologies, or any combination thereof. In the proceeding, the Commission shall seek to ensure the preservation, enhancement, and long-term sustainability of universal service by maximizing participation in the support of universal service among the greatest number of providers of connected VoIP applications. (c) Law Enforcement Access.-- (1) Requirements regarding assistance capabilities.-- Effective as provided in paragraph (3)(D), each provider of a connected VoIP application shall ensure that its equipment, facilities, or services are capable of-- (A) enabling the government to intercept communications transmitted using such application and to access call-identifying information regarding communications so transmitted, and (B) delivering such intercepted communications and call-identifying information to the government, for the same purposes, to a similar extent, and subject to similar limitations and protections (including protections regarding privacy and security and protections ensuring access only pursuant to lawful authorization) that, under sections 103 and 105 of the Communications Assistance for Law Enforcement Act, are required of the capabilities of the equipment, facilities, or services of a telecommunications carrier. (2) Determination regarding feasibility.--Not later than 180 days after the date of the enactment of this Act, and not later than every 180 days thereafter, the Commission shall conduct a proceeding to determine whether it is technologically feasible and reasonable to commence applicability of the assistance capability requirements established under paragraph (1). (3) Effect of determination.--If the Commission, pursuant to a proceeding under paragraph (2), determines that it is technologically feasible and reasonable to commence applicability of the assistance capability requirements established under paragraph (1)-- (A) the requirement under paragraph (2) to conduct further semi-annual proceedings shall not apply after such determination; (B) not later than 180 days after such determination, the Commission shall establish rules, technical requirements, and standards that-- (i) implement the requirements under paragraph (1); (ii) protect the privacy and security of communications not authorized to be intercepted; (iii) minimize the cost of such compliance on customers or subscribers; (iv) serve the policy of the United States to encourage the provision of new technologies and services to the public; and (v) provide a reasonable time and conditions for compliance with and the transition to any new standard; (C) in establishing such rules, technical requirement, and standards, the Commission consult with providers of connected VoIP applications, manufacturers of equipment used by such applications, other appropriate parties providing services used in such applications, the Attorney General of the United States, and State and local law enforcement agencies; and (D) the requirement under paragraph (1) shall take effect upon the expiration of the 180-day period beginning upon such determination. SEC. 5. VOLUNTARY INDUSTRY CONSENSUS PROCESS REGARDING OTHER CONNECTED VOIP OBLIGATIONS. (a) Voluntary Process.--The Commission shall appoint an appropriate representative industry organization or organizations which shall, within 180 days after the date of the enactment of this Act, develop, as applicable, consensus guidelines, protocols, or performance requirements pertaining to the offering or provision of connected VoIP applications for-- (1) providing comparable capabilities to 911 and enhanced 911 services; (2) improving use by the disabled community; (3) improving reliability of voice over Internet protocol applications; and (4) ensuring appropriate security for the application and voice communications. (b) Information to Customers.--A provider of a connected VoIP application that does not provide for its customers services that are comparable to 911 service and enhanced 911 service shall provide a clear and conspicuous notice of the failure to provide such services to each customer prior to the offering of the application to that customer. (c) Technical Support.--The Commission shall provide technical support, as appropriate, to the organization selected pursuant to subsection (a). SEC. 6. COMMISSION REVIEW. Beginning in 2005, the Commission shall provide a report to the Congress not less than biennially indicating any regulatory obligations that it recommends be enacted on the offering or provision of a VoIP application, including nondiscriminatory treatment for processing or treatment of digital packets. SEC. 7. NO STATE OR LOCAL TAXATION OF VOIP APPLICATIONS. (a) In General.--No State or political subdivision shall impose any tax, fee, surcharge, or other charge for the purpose of generating revenues for governmental purposes on the offering or provision of a VoIP application. (b) Exemption.--Subsection (a) shall not apply to a fee imposed for a specific privilege, service, or benefit conferred. SEC. 8. NO IMPACT ON TRANSMISSION FACILITIES. Nothing in this Act shall affect the authority of the Commission or any State commission to regulate the transmission facilities used to transmit a voice communication of a VoIP application. This section may not be construed to authorize the Commission or any State to regulate the offering or provision of a VoIP application by regulating such transmission facilities. SEC. 9. FTC AUTHORITY. (a) In General.--Except as provided in subsection (b), nothing in this Act shall be constructed to affect the authority of the Federal Trade Commission to prevent unfair or deceptive acts or practices. (b) Regulations Excluded.--Subsection (a) does not authorize the Federal Trade Commission to issue any regulations to implement this Act. SEC. 10. DEFINITIONS. (a) In General.--For purposes of this Act: (1) Commission.--The term ``Commission'' means the Federal Communications Commission. (2) Connected voip application.--The term ``connected VoIP application'' means a VoIP application that is capable of receiving voice communications from or sending voice communications to the public switched telephone network, or both. (3) Customer.--The term ``customer'' includes a consumer of goods or services whether for a fee, in exchange for an explicit benefit, or provided for free. (4) Regulate.--The term ``regulate'' includes taking any governmental action that restricts, prohibits, limits, or burdens, or imposes any obstacle, obligation, or duty, or interferes with, an application. (5) Universal service.--The term ``universal service'' has the meaning given such term by section 254(c) of such Act (47 U.S.C. 254(c)). (6) Voice-over-internet-protocol application; voip application.-- (A) In general.--The terms ``Voice-over-Internet- protocol application'' and ``VoIP application'' mean the use of software, hardware, or network equipment for real-time 2-way or multidirectional voice communications over the public Internet or a private network utilizing Internet protocol, or any successor protocol, in whole or part, to connect users notwithstanding-- (i) the underlying transmission technology used to transmit the communications; (ii) whether the packetizing and depacketizing of the communications occurs at the customer premise or network level; or (iii) the software, hardware, or network equipment used to connect users. (B) Exclusion.--The term does not include an application that is used for voice communications that both originate and terminate on the public switched telephone network. (b) Common Terminology.--Except as otherwise provided in subsection (a), terms used in this Act shall have the meaning provided under section 3 of the Communications Act of 1934.

VoIP Regulatory Freedom Act of 2004 - Reserves solely to the Federal Government the responsibility and authority to regulate the offering or provision of a voice-over-Internet-protocol (VoIP) application (an application that uses the Internet or any successor protocol to offer two-way or multidirectional voice communications). Prohibits State regulation, or delegation to States, of such authority. Directs the Federal Communications Commission (FCC) to: (1) establish rules and standards for appropriate arrangements to compensate providers of facilities and equipment used to transmit communications employing a connected VoIP application; and (2) maximize participation in the support of universal service among the greatest number of providers of connected VoIP applications. Requires such providers to assist the Federal Government in enforcement actions. Requires the FCC to appoint an appropriate representative industry organization to develop guidelines, protocols, or performance requirements pertaining to the offering or provision of connected VoIP applications for: (1) providing comparable capabilities to 911 services; (2) improving use by the disabled community; (3) improving reliability of VoIP applications; and (4) ensuring appropriate security for the application and voice communications. Prohibits a State or political subdivision from imposing a tax or other charge on the offering or provision of a VoIP application.

{"src": "billsum_train", "title": "To provide a clear and unambiguous structure for the jurisdictional and regulatory treatment for the offering or provision of voice-over-Internet-protocol applications, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Broadband Act of 2015''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``advanced telecommunications capability'' has the meaning given the term in section 706(d)(1) of the Telecommunications Act of 1996 (47 U.S.C. 1302(d)(1)); (2) the term ``advanced telecommunications capability or services'' means-- (A) advanced telecommunications capability; or (B) services using advanced telecommunications capability; (3) the term ``Indian tribe'' has the meaning given the term in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)); (4) the term ``public provider'' means-- (A) a State or political subdivision thereof; (B) any agency, authority, or instrumentality of a State or political subdivision thereof; (C) an Indian tribe; or (D) any entity that is owned by, controlled by, or otherwise affiliated with-- (i) a State or political subdivision thereof; (ii) an agency, authority, or instrumentality of a State or political subdivision thereof; or (iii) an Indian tribe; and (5) the term ``telecommunications service'' has the meaning given the term in section 3 of the Communications Act of 1934 (47 U.S.C. 153). SEC. 3. LOCAL GOVERNMENT PROVISION OF TELECOMMUNICATIONS SERVICE AND ADVANCED TELECOMMUNICATIONS CAPABILITY AND SERVICES. No statute, regulation, or other legal requirement of a State or local government may prohibit, or have the effect of prohibiting or substantially inhibiting, any public provider from providing telecommunications service or advanced telecommunications capability or services to any person or any public or private entity. SEC. 4. SAFEGUARDS. (a) Administration.--To the extent any public provider regulates competing providers of telecommunications services or advanced telecommunications capability or services, the public provider shall apply its ordinances, rules, and policies, including those relating to the use of public rights-of-way, permitting, performance bonding, and reporting, without discrimination in favor of-- (1) the public provider; or (2) any other provider of telecommunications service or advanced telecommunications capability or services that the public provider owns or with which the public provider is affiliated. (b) Application of General Laws.--Nothing in this Act exempts a public provider that offers telecommunications service or advanced telecommunications capability or services to the public from any Federal communications law or regulation that applies to all providers of telecommunications services or advanced telecommunications capability or services to the public. SEC. 5. PUBLIC-PRIVATE PARTNERSHIPS ENCOURAGED. Each public provider that intends to provide telecommunications service or advanced telecommunications capability or services to the public is encouraged to consider the potential benefits of a public- private partnership before providing the capability or services. SEC. 6. PUBLIC INPUT AND PRIVATE SECTOR OPPORTUNITY TO BID. (a) Notice and Opportunity To Be Heard.--Before a public provider may provide telecommunications service or advanced telecommunications capability or services to the public, either directly or through a public-private partnership, the public provider shall-- (1) publish notice of its intention to do so; (2) generally describe the capability or services to be provided and the proposed coverage area for the capability or services; (3) identify any special capabilities or services to be provided in low-income areas or other demographically or geographically defined areas; (4) provide local citizens and private-sector entities with an opportunity to be heard on the costs and benefits of the project and potential alternatives to the project, including any bids under paragraph (5); and (5) provide private-sector entities with an opportunity to bid to provide the capability or services during the 30-day period beginning on the date on which the notice required under paragraph (1) is published. (b) Application to Existing Projects and Pending Proposals.-- Subsection (a) shall not apply to-- (1) any contract or other arrangement under which a public provider is providing telecommunications service or advanced telecommunications capability or services to the public as of the date of enactment of this Act; or (2) any public provider proposal to provide telecommunications service or advanced telecommunications capability or services to the public that, as of the date of enactment of this Act-- (A) is in the request-for-proposals process; (B) is in the process of being built; or (C) has been approved by referendum. SEC. 7. EXEMPTIONS. The requirements under sections 4 and 6 shall not apply-- (1) when a public provider provides telecommunications service or advanced telecommunications capability or services other than to the public or to such classes of users as to make the capability or services effectively available to the public; or (2) during an emergency declared by the President, the Governor of the State in which the public provider is located, or any other elected local official authorized by law to declare a state of emergency in the jurisdiction in which the public provider is located. SEC. 8. USE OF FEDERAL FUNDS. If any project providing telecommunications service or advanced telecommunications capability or services under this Act fails due to bankruptcy or is terminated by a public provider, no Federal funds may be provided to the public provider specifically to assist the public provider in reviving or renewing that project, unless the failure due to bankruptcy occurred in a jurisdiction that is subject to a declaration by the President of a major disaster, as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).

Community Broadband Act of 2015 Bars states or local governments from prohibiting or inhibiting states, local government agencies, entities affiliated with state or local agencies, or Indian tribes from providing telecommunications services or advanced telecommunications capabilities to any person or any public or private entity. Prohibits government providers of public telecommunications services from favoring themselves over competing providers in the application of regulations, ordinances, public rights-of-way, or permitting requirements. Directs local governments or affiliates intending to provide public telecommunications services to consider public-private partnerships. Requires local governments or affiliates, before providing telecommunications services to the public, to provide public notice and opportunities for public input and private-sector bidding. Provides an exemption from the prohibition on local governments favoring themselves in the application of regulations, and from the requirement to provide public notice and private bidding opportunities, during an emergency declared by the President, a governor, or an authorized elected local official.

{"src": "billsum_train", "title": "Community Broadband Act of 2015"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Shutdown Prevention Act''. SEC. 2. AMENDMENT TO TITLE 31. (a) In General.--Chapter 13 of title 31, United States Code, is amended by inserting after section 1310 the following new section: ``Sec. 1311. Continuing appropriations ``(a)(1) If any regular appropriation bill for a fiscal year does not become law prior to the beginning of such fiscal year 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 project or activity for which funds were provided in the preceding fiscal year-- ``(A) in the corresponding regular appropriation Act for such preceding fiscal year; or ``(B) if the corresponding regular appropriation bill for such preceding fiscal year did not become law, then in a joint resolution making continuing appropriations for such preceding fiscal year. ``(2) Appropriations and funds made available, and authority granted, for a project or activity for any fiscal year pursuant to this section shall be at a rate of operations not in excess of 75 percent of the lower of-- ``(A) the rate of operations provided for in the regular appropriation Act providing for such project or activity for the preceding fiscal year, ``(B) in the absence of such an Act, the rate of operations provided for such project or activity pursuant to a joint resolution making continuing appropriations for such preceding fiscal year, ``(C) the rate of operations provided for in the House or Senate passed appropriation bill for the fiscal year in question, except that the lower of these two versions shall be ignored for any project or activity for which there is a budget request if no funding is provided for that project or activity in either version, ``(D) the rate provided in the budget submission of the President under section 1105(a) of title 31, United States Code, for the fiscal year in question, or ``(E) the annualized rate of operations provided for in the most recently enacted joint resolution making continuing appropriations for part of that fiscal year or any funding levels established under the provisions of this Act. ``(3) Appropriations and funds made available, and authority granted, for any fiscal year pursuant to this section for a 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-- ``(A) the date on which the applicable regular appropriation bill for such fiscal year becomes law (whether or not such law provides for such project or activity) or a continuing resolution making appropriations becomes law, as the case may be, or ``(B) the last day of such fiscal year. ``(b) An appropriation or funds made available, or authority granted, for a project or activity for any fiscal year pursuant to this section shall be subject to the terms and conditions imposed with respect to the appropriation made or funds made available for the preceding fiscal year, or authority granted for such project or activity under current law. ``(c) Appropriations and funds made available, and authority granted, for any project or activity for any fiscal year pursuant to this section shall cover all obligations or expenditures incurred for such project or activity during the portion of such fiscal year for which this section applies to such project or activity. ``(d) Expenditures made for a project or activity for any fiscal year pursuant to this section 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 a fiscal year providing for such project or activity for such period becomes law. ``(e) This section shall not apply to a project or activity during a fiscal year if any other provision of law (other than an authorization of appropriations)-- ``(1) makes an appropriation, makes funds available, or grants authority for such project or activity to continue for such period, or ``(2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such project or activity to continue for such period. ``(f) For purposes of this section, 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 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 Department of 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.''. (b) Clerical Amendment.--The analysis of chapter 13 of title 31, United States Code, is amended by inserting after the item relating to section 1310 the following new item: ``1311. Continuing appropriations.''. (c) Protection of Other Obligations.--Nothing in the amendments made by this section shall be construed to effect Government obligations mandated by other law, including obligations with respect to Social Security, Medicare, and Medicaid. SEC. 3. EFFECTIVE DATE AND SUNSET. (a) Effective Date.--The amendments made by this Act shall apply with respect to fiscal years beginning with fiscal year 2003. (b) Sunset.--The amendments made by this Act shall sunset and have no force or effect 3 years after the date of enactment of this Act.

Government Shutdown Prevention Act - Provides for continuing appropriations for a fiscal year in the absence of regular appropriations, at a level not exceeding 75 percent of the lowest of possible rates of operations found in: (1) the previous fiscal year's appropriations or continuing appropriations acts; (2) the House or Senate passed appropriation bill for the fiscal year in question (except for a project or activity not funded in one such version); (3) the presidential budget submission; or (4) the annualized rate of operations provided for in the most recently enacted joint resolution making continuing appropriations for part of that fiscal year or any funding levels established under this Act.Charges expenditures made under this Act to the applicable appropriation, fund, or authorization when it becomes law.

{"src": "billsum_train", "title": "To amend title 31, United States Code, to provide for continuing appropriations in the absence of regular appropriations."}

SECTION 1. TRANSFER OF COAST GUARD STATION SCITUATE TO THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (a) Authority to Transfer.-- (1) In general.--The Administrator of the General Services Administration, in consultation with the Commandant, United States Coast Guard, may transfer without consideration administrative jurisdiction, custody, and control over the Federal property known as Coast Guard Station Scituate to the National Oceanic and Atmospheric Administration (hereinafter referred to as ``NOAA''). (2) Identification of property.--The Administrator, in consultation with the Commandant, may identify, describe, and determine the property to be transferred under this section. (b) Terms of Transfer.-- (1) The transfer of the property shall be made subject to any conditions and reservations the Commandant considers necessary to ensure that-- (A) the transfer of the property to NOAA is contingent upon the relocation of Coast Guard Station Scituate to a suitable site; (B) there is reserved to the Coast Guard the right to remove, relocate, or replace any aid to navigation located upon, or install any aid to navigation upon, the property transferred under this section as may be necessary for navigational purposes; and (C) the Coast Guard shall have the right to enter the property transferred under this section at any time, without notice, for purposes of operating, maintaining, and inspecting any aid to navigation. (2) The transfer of the property shall be made subject to the review and acceptance of the property by NOAA. (c) Relocation of Station Scituate.--The Coast Guard may-- (1) lease land, including unimproved or vacant land, for a term not to exceed 20 years, for the purpose of relocating Coast Guard Station Scituate; and (2) improve the land leased under this subsection. SEC. 2. COAST GUARD STATION NANTUCKET; PLUM ISLAND PROPERTY. (a) Authority to Convey.-- (1) In general.--The Secretary of Transportation may convey, by an appropriate means of conveyance, all right, title, and interest of the United States in and to each of the following properties: (A) Coast Guard LORAN Station Nantucket, located in Nantucket, Massachusetts, to the Town of Nantucket, Massachusetts. (B) Two parcels of land on which are situated the Plum Island Boathouse and the Plum Island Lighthouse (also known as the Newburyport Harbor Light), located in Essex County, Massachusetts, to the city of Newburyport, Massachusetts. (2) Identification of property.--The Secretary may identify, describe, and determine the property to be conveyed under this section. (3) Limitation.--The Secretary may not under this section convey-- (A) any historical artifact, including any lens or lantern, located on the property at or before the time of the conveyance; or (B) any interest in submerged land. (b) General Terms and Conditions.-- (1) In general.--Each conveyance of property under this section shall be made-- (A) without payment of consideration; and (B) subject to the conditions required by this section and other terms and conditions the Secretary may consider appropriate, including the reservation of easements and other rights on behalf of the United States. (2) Reversionary interest.--In addition to any term or condition established under this section, each conveyance of property under this section shall be subject to the condition that all right, title, and interest in the property conveyed shall immediately revert to the United States if-- (A) the property, or any part of the property-- (i) ceases to be available and accessible to the public, on a reasonable basis, for educational, park, recreational, cultural, historic preservation, or other similar purposes specified for the property in the terms of conveyance; (ii) ceases to be maintained in a manner that is consistent with its present or future use as a site for Coast Guard aids to navigation or compliance with this section; or (iii) ceases to be maintained in a manner consistent with the provisions in paragraph (4) established by the Secretary pursuant to the National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.); or (B) at least 30 days before that reversion, the Secretary provides written notice to the owner that the property is needed for national security purposes. (3) Maintenance of navigation functions.--Each conveyance of property under this section shall be made subject to the conditions that the Secretary considers to be necessary to assure that-- (A) the lights, antennas, and associated equipment located on the property conveyed, which are active aids to navigation, shall continue to be operated and maintained by the United States for as long as they are needed for this purpose; (B) the owner of the property may not interfere or allow interference in any manner with aids to navigation without express written permission from the Commandant of the Coast Guard; (C) there is reserved to the United States the right to relocate, replace, or add any aid to navigation or make any changes to the property conveyed as may be necessary for navigational purposes; (D) the United States shall have the right, at any time, to enter the property without notice for the purpose of maintaining aids to navigation and for the purpose of enforcing compliance with this section; and (E) the United States shall have an easement of access to and across the property for the purpose of maintaining the aids to navigation in use on the property. (4) Maintenance of property.-- (A) Subject to subparagraph (B), the owner of a property conveyed under this section shall maintain the property in a proper, substantial, and workmanlike manner, and in accordance with any conditions established by the conveying authority pursuant to the National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.), and other applicable laws. (B) The owner of a property conveyed under this section is not required to maintain any active aid to navigation equipment on the property, except private aids to navigation permitted under section 83 of title 14, United States Code. (c) Special Terms and Conditions.-- (1) Coast guard loran station nantucket.-- (A) The Secretary may not convey under this section any interest in the property referred to in subsection (a)(1)(A) before the date on which the Town of Nantucket enters into an agreement with the Secretary to relocate the Coast Guard receiving antenna and associated equipment (as determined by the Commandant, at the Town's sole expense and in accordance with design specification, project schedules, and final project approval by the Commandant. (B) The Commandant may, at any time before the date of the conveyance under this section of an interest in the property referred to in subsection (a)(1)(A), grant to the Town of Nantucket a real property license for the purpose of allowing the Town to enter the property to commence construction of a waste water treatment facility and for other site preparation activities. (C) Paragraphs (2)(A)(iii) and (4)(A) of subsection (b) do not apply to the property referred to in subsection (a)(1)(A). (2) Plum island property.--The Secretary shall retain all right, title, and interest of the United States in and to any portion of any parcel referred to in subsection (a)(1)(B) that the Secretary considers appropriate. (d) Definitions.--In this section: (1) Aids to navigation.--The term ``aids to navigation'' means equipment used for navigation purposes, including lights, antennae, radio, sound signals, electronic navigation equipment, or other associated equipment operated or maintained by the United States. (2) Commandant.--The term ``Commandant'' means the Commandant of the Coast Guard. (3) Owner.--The term ``owner'' means, for a property conveyed under this section, the person identified in subsection (a)(1) to whom the property is conveyed, including any successor or assign of that person. (4) Secretary.--The term ``Secretary'' means the Secretary of Transportation.

Authorizes the Secretary of Transportation to convey: (1) the Coast Guard LORAN Station in Nantucket, Massachusetts, to the town of Nantucket; and (2) the Plum Island Boathouse and Lighthouse, Massachusetts, to the city of Newburyport, Massachusetts. Provides a reversionary interest under each such conveyances if the property ceases to be used for public educational, park, recreational, cultural, historical preservation, or other similar purposes, or as a present or future site for Coast Guard aids to navigation. Requires the maintenance of navigation functions within each conveyance.

{"src": "billsum_train", "title": "A bill to provide for the transfer of the Coast Guard Station Scituate to the National Oceanic and Atmospheric Administration, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Working Families Flexibility Act of 2017''. SEC. 2. COMPENSATORY TIME. Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207) is amended by adding at the end the following: ``(s) Compensatory Time Off for Private Employees.-- ``(1) General rule.--An employee may receive, in accordance with this subsection and in lieu of monetary overtime compensation, compensatory time off at a rate not less than one and one-half hours for each hour of employment for which overtime compensation is required by this section. ``(2) Conditions.--An employer may provide compensatory time to employees under paragraph (1) only if such time is provided in accordance with-- ``(A) applicable provisions of a collective bargaining agreement between the employer and the labor organization that has been certified or recognized as the representative of the employees under applicable law; or ``(B) in the case of an employee who is not represented by a labor organization that has been certified or recognized as the representative of such employee under applicable law, an agreement arrived at between the employer and employee before the performance of the work and affirmed by a written or otherwise verifiable record maintained in accordance with section 11(c)-- ``(i) in which the employer has offered and the employee has chosen to receive compensatory time in lieu of monetary overtime compensation; and ``(ii) entered into knowingly and voluntarily by such employee and not as a condition of employment. No employee may receive or agree to receive compensatory time off under this subsection unless the employee has worked at least 1,000 hours for the employee's employer during a period of continuous employment with the employer in the 12-month period before the date of agreement or receipt of compensatory time off. ``(3) Hour limit.-- ``(A) Maximum hours.--An employee may accrue not more than 160 hours of compensatory time. ``(B) Compensation date.--Not later than January 31 of each calendar year, the employee's employer shall provide monetary compensation for any unused compensatory time off accrued during the preceding calendar year that was not used prior to December 31 of the preceding year at the rate prescribed by paragraph (6). An employer may designate and communicate to the employer's employees a 12-month period other than the calendar year, in which case such compensation shall be provided not later than 31 days after the end of such 12-month period. ``(C) Excess of 80 hours.--The employer may provide monetary compensation for an employee's unused compensatory time in excess of 80 hours at any time after giving the employee at least 30 days notice. Such compensation shall be provided at the rate prescribed by paragraph (6). ``(D) Policy.--Except where a collective bargaining agreement provides otherwise, an employer that has adopted a policy offering compensatory time to employees may discontinue such policy upon giving employees 30 days notice. ``(E) Written request.--An employee may withdraw an agreement described in paragraph (2)(B) at any time. An employee may also request in writing that monetary compensation be provided, at any time, for all compensatory time accrued that has not yet been used. Within 30 days of receiving the written request, the employer shall provide the employee the monetary compensation due in accordance with paragraph (6). ``(4) Private employer actions.--An employer that provides compensatory time under paragraph (1) to an employee shall not directly or indirectly intimidate, threaten, or coerce or attempt to intimidate, threaten, or coerce any employee for the purpose of-- ``(A) interfering with such employee's rights under this subsection to request or not request compensatory time off in lieu of payment of monetary overtime compensation for overtime hours; or ``(B) requiring any employee to use such compensatory time. ``(5) Termination of employment.--An employee who has accrued compensatory time off authorized to be provided under paragraph (1) shall, upon the voluntary or involuntary termination of employment, be paid for the unused compensatory time in accordance with paragraph (6). ``(6) Rate of compensation.-- ``(A) General rule.--If compensation is to be paid to an employee for accrued compensatory time off, such compensation shall be paid at a rate of compensation not less than-- ``(i) the regular rate earned by such employee when the compensatory time was accrued; or ``(ii) the regular rate earned by such employee at the time such employee received payment of such compensation, whichever is higher. ``(B) Consideration of payment.--Any payment owed to an employee under this subsection for unused compensatory time shall be considered unpaid overtime compensation. ``(7) Use of time.--An employee-- ``(A) who has accrued compensatory time off authorized to be provided under paragraph (1); and ``(B) who has requested the use of such compensatory time, shall be permitted by the employee's employer to use such time within a reasonable period after making the request if the use of the compensatory time does not unduly disrupt the operations of the employer. ``(8) Definitions.--For purposes of this subsection-- ``(A) the term `employee' does not include an employee of a public agency; and ``(B) the terms `overtime compensation' and `compensatory time' shall have the meanings given such terms by subsection (o)(7).''. SEC. 3. REMEDIES. Section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216) is amended-- (1) in subsection (b), by striking ``(b) Any employer'' and inserting ``(b) Except as provided in subsection (f), any employer''; and (2) by adding at the end the following: ``(f) An employer that violates section 7(s)(4) shall be liable to the employee affected in the amount of the rate of compensation (determined in accordance with section 7(s)(6)(A)) for each hour of compensatory time accrued by the employee and in an additional equal amount as liquidated damages reduced by the amount of such rate of compensation for each hour of compensatory time used by such employee.''. SEC. 4. NOTICE TO EMPLOYEES. Not later than 30 days after the date of enactment of this Act, the Secretary of Labor shall revise the materials the Secretary provides, under regulations published in section 516.4 of title 29, Code of Federal Regulations, to employers for purposes of a notice explaining the Fair Labor Standards Act of 1938 to employees so that such notice reflects the amendments made to such Act by this Act. SEC. 5. GAO REPORT. Beginning 2 years after the date of enactment of this Act and each of the 3 years thereafter, the Comptroller General of the United States shall submit a report to Congress providing, with respect to the reporting period immediately prior to each such report-- (1) data concerning the extent to which employers provide compensatory time pursuant to section 7(s) of the Fair Labor Standards Act of 1938, as added by this Act, and the extent to which employees opt to receive compensatory time; (2) the number of complaints alleging a violation of such section filed by any employee with the Secretary of Labor; (3) the number of enforcement actions commenced by the Secretary or commenced by the Secretary on behalf of any employee for alleged violations of such section; (4) the disposition or status of such complaints and actions described in paragraphs (2) and (3); and (5) an account of any unpaid wages, damages, penalties, injunctive relief, or other remedies obtained or sought by the Secretary in connection with such actions described in paragraph (3). SEC. 6. SUNSET. This Act and the amendments made by this Act shall cease to be in effect on the date that is 5 years after the date of enactment of this Act. Passed the House of Representatives May 2, 2017. Attest: KAREN L. HAAS, Clerk.

(This measure has not been amended since it was reported to the House on May 2, 2017. Working Families Flexibility Act of 2017 (Sec. 2) This bill amends the Fair Labor Standards Act of 1938 to authorize employers to provide compensatory time off to private employees at a rate of not less than 1 1/2 hours for each hour of employment for which overtime compensation is required, but only if it is in accordance with an applicable collective bargaining agreement or, in the absence of such an agreement, an agreement between the employer and employee. The bill prohibits an employee from accruing more than 160 hours of compensatory time. An employer must provide monetary compensation for any unused compensatory time off accrued during the preceding year. The bill requires an employer to give employees 30-day notice before discontinuing compensatory time off. The bill prohibits an employer from intimidating, threatening, or coercing an employee in order to: (1) interfere with the employee's right to request or not to request compensatory time off in lieu of payment of monetary overtime compensation, or (2) require an employee to use such compensatory time. (Sec. 3) The bill makes an employer who violates such requirements liable to the affected employee in the amount of the compensation rate for each hour of compensatory time accrued, plus an additional equal amount as liquidated damages, reduced for each hour of compensatory time used. (Sec. 5) The Government Accountability Office must report to Congress on: (1) the extent to which employers provide compensatory time off and employees opt to receive it; (2) the number of complaints filed by employees with the Department of Labor alleging a violation of such requirements and the number of enforcement actions commenced by Labor on behalf of aggrieved employees; (3) the disposition of such complaints and actions; and (4) any unpaid wages, damages, penalties, injunctive relief, or other remedies sought by Labor in connection with such actions.

{"src": "billsum_train", "title": "Working Families Flexibility Act of 2017"}

SECTION 1. REPEAL OF REQUIREMENT FOR STATES TO PROVIDE FOR VOTER REGISTRATION BY MAIL. (a) In General.--Section 4(a) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-2) is amended-- (1) in paragraph (1), by adding ``and'' at the end; (2) by striking paragraph (2); and (3) by redesignating paragraph (3) as paragraph (2). (b) Conforming Amendments Relating to Uniform Mail Voter Registration Form.--(1) The National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.) is amended by striking section 9. (2) Section 7(a)(6)(A) of such Act (42 U.S.C. 1973gg-5(a)(6)(A)) is amended by striking ``assistance--'' and all that follows and inserting the following: ``assistance a voter registration application form which meets the requirements described in section 5(c)(2) (other than subparagraph (A)), unless the applicant, in writing, declines to register to vote;''. (c) Other Conforming Amendments.--(1) The National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.) is amended by striking section 6. (2) Section 8(a)(5) of such Act (42 U.S.C. 1973gg-6(a)(5)) is amended by striking ``5, 6, and 7'' and inserting ``5 and 7''. SEC. 2. REQUIRING APPLICANTS REGISTERING TO VOTE TO PROVIDE CERTAIN ADDITIONAL INFORMATION. (a) Social Security Number.-- (1) In general.--Section 5(c)(2) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-3(c)(2)) is amended-- (A) by striking ``and'' at the end of subparagraph (D); (B) by striking the period at the end of subparagraph (E) and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(F) shall require the applicant to provide the applicant's Social Security number.''. (2) Conforming amendment.--Section 5(c)(2)(A) of such Act (42 U.S.C. 1973gg-3(c)(2)(A)) is amended by inserting after ``subparagraph (C)'' the following: ``, or the information described in subparagraph (F)''. (3) Effective date.--The amendments made by this section shall take effect January 1, 1998, and shall apply with respect to applicants registering to vote in elections for Federal office on or after such date. (b) Actual Proof of Citizenship.-- (1) Registration with application for driver's license.-- Section 5(c) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-3(c)) is amended by adding at the end the following new paragraph: ``(3) The voter registration portion of an application for a State motor vehicle driver's license shall not be considered to be completed unless the applicant provides to the appropriate State motor vehicle authority proof that the applicant is a citizen of the United States.''. (2) Registration with voter registration agencies.--Section 7(a) of such Act (42 U.S.C. 1973gg-5(a)) is amended by adding at the end the following new paragraph: ``(8) A voter registration application received by a voter registration agency shall not be considered to be completed unless the applicant provides to the agency proof that the applicant is a citizen of the United States.''. (3) Conforming amendment.--Section 8(a)(5)(A) of such Act (42 U.S.C. 1973gg-6(a)(5)(A)) is amended by striking the semicolon and inserting the following: ``, including the requirement that the applicant provide proof of citizenship;''. SEC. 3. REMOVAL OF CERTAIN REGISTRANTS FROM OFFICIAL LIST OF ELIGIBLE VOTERS. (a) In General.--Section 8(d) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-6(d)) is amended-- (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) the following new paragraph: ``(3)(A) At the option of the State, a State may remove the name of a registrant from the official list of eligible voters in elections for Federal office on the ground that the registrant has changed residence if-- ``(i) the registrant has not voted or appeared to vote (and, if necessary, correct the registrar's record of the registrant's address) in an election during the period beginning on the day after the date of the second previous general election for Federal office held prior to the date the confirmation notice described in subparagraph (B) is sent and ending on the date of such notice; ``(ii) the registrant has not voted or appeared to vote (and, if necessary, correct the registrar's record of the registrant's address) in any of the first two general elections for Federal office held after the confirmation notice described in subparagraph (B) is sent; and ``(iii) during the period beginning on the date the confirmation notice described in subparagraph (B) is sent and ending on the date of the second general election for Federal office held after the date such notice is sent, the registrant has failed to notify the State in response to the notice that the registrant did not change his or her residence, or changed residence but remained in the registrar's jurisdiction. ``(B) A confirmation notice described in this subparagraph is a postage prepaid and pre-addressed return card, sent by forwardable mail, on which a registrant may state his or her current address, together with information concerning how the registrant can continue to be eligible to vote if the registrant has changed residence to a place outside the registrar's jurisdiction and a statement that the registrant may be removed from the official list of eligible voters if the registrant does not respond to the notice (during the period described in subparagraph (A)(iii)) by stating that the registrant did not change his or her residence, or changed residence but remained in the registrar's jurisdiction.''. (b) Conforming Amendment.--Section 8(i)(2) of such Act (42 U.S.C. 1973gg-6(d)) is amended by inserting ``or subsection (d)(3)'' after ``subsection (d)(2)''. SEC. 4. PERMITTING STATE TO REQUIRE VOTERS TO PRODUCE ADDITIONAL INFORMATION PRIOR TO VOTING. (a) Photographic Identification.--Section 8 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-6) is amended-- (1) by redesignating subsection (j) as subsection (k); and (2) by inserting after subsection (i) the following new subsection: ``(j) Permitting States To Require Voters To Produce Photo Identification.--A State may require an individual to produce a valid photographic identification before receiving a ballot for voting in an election for Federal office.''. (b) Signature.--Section 8 of such Act (42 U.S.C. 1973gg-6), as amended by subsection (a), is further amended-- (1) by redesignating subsection (k) as subsection (l); and (2) by inserting after subsection (j) the following new subsection: ``(k) Permitting States To Require Voters To Provide Signature.--A State may require an individual to provide the individual's signature (in the presence of an election official at the polling place) before receiving a ballot for voting in an election for Federal office, other than an individual who is unable to provide a signature because of illiteracy or disability.''. SEC. 5. REPEAL OF REQUIREMENT THAT STATES PERMIT REGISTRANTS CHANGING RESIDENCE TO VOTE AT POLLING PLACE FOR FORMER ADDRESS. Section 8(e)(2) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-6(e)(2)) is amended-- (1) by striking ``(2)(A)'' and inserting ``(2)''; and (2) by striking ``election, at the option of the registrant--'' and all that follows and inserting the following: ``election shall be permitted to correct the voting records for purposes of voting in future elections at the appropriate polling place for the current address and, if permitted by State law, shall be permitted to vote in the present election, upon confirmation by the registrant of the new address by such means as are required by law.''. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to elections for Federal office occurring after December 1997.

Amends the National Voter Registration Act of 1993 to: (1) repeal the requirement for States to provide for voter registration in Federal elections by mail; (2) require applicants registering to vote to provide certain additional information; (3) permit a State, at its option, to remove certain registrants from the official list of eligible voters in Federal elections; (4) permit States to require individuals (other than illiterate or disabled individuals) voting in a Federal election to produce a valid photographic identification and provide their signature before receiving a ballot; and (5) repeal the requirement that States permit certain registrants to vote at the polling place for the former address.

{"src": "billsum_train", "title": "To amend the National Voter Registration Act of 1993 to repeal the requirement that States provide for voter registration by mail and to require applicants for voter registration to provide a Social Security number and actual proof of United States citizenship, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Return to Prudent Banking Act of 2017''. SEC. 2. GLASS-STEAGALL REVIVED. (a) Wall Between Commercial Banks and Securities Activities Reestablished.--Section 18 of the Federal Deposit Insurance Act (12 U.S.C. 1828) is amended by adding at the end the following new subsection: ``(aa) Limitations on Security Affiliations.-- ``(1) Prohibition on affiliation between insured depository institutions and investment banks or securities firms.--An insured depository institution may not be or become an affiliate of any broker or dealer, any investment adviser, any investment company, or any other person engaged principally in the issue, flotation, underwriting, public sale, or distribution at wholesale or retail or through syndicate participation of stocks, bonds, debentures, notes, or other securities. ``(2) Prohibition on officers, directors, and employees of securities firms service on boards of depository institutions.-- ``(A) In general.--An individual who is an officer, director, partner, or employee of any broker or dealer, any investment adviser, any investment company, or any other person engaged principally in the issue, flotation, underwriting, public sale, or distribution at wholesale or retail or through syndicate participation of stocks, bonds, debentures, notes, or other securities may not serve at the same time as an officer, director, employee, or other institution- affiliated party of any insured depository institution. ``(B) Exception.--Subparagraph (A) shall not apply with respect to service by any individual which is otherwise prohibited under such subparagraph if the appropriate Federal banking agency determines, by regulation with respect to a limited number of cases, that service by such individual as an officer, director, employee, or other institution-affiliated party of any insured depository institution would not unduly influence the investment policies of the depository institution or the advice the institution provides to customers. ``(C) Termination of service.--Subject to a determination under subparagraph (B), any individual described in subparagraph (A) who, as of the date of the enactment of the Return to Prudent Banking Act of 2017, is serving as an officer, director, employee, or other institution-affiliated party of any insured depository institution shall terminate such service as soon as practicable after such date of enactment and no later than the end of the 60-day period beginning on such date. ``(3) Termination of existing affiliation.-- ``(A) Orderly wind-down of existing affiliation.-- Any affiliation of an insured depository institution with any broker or dealer, any investment adviser, any investment company, or any other person, as of the date of the enactment of the Return to Prudent Banking Act of 2017, which is prohibited under paragraph (1) shall be terminated as soon as practicable and in any event no later than the end of the 2-year period beginning on such date of enactment. ``(B) Early termination.--The appropriate Federal banking agency, after opportunity for hearing, may terminate, at any time, the authority conferred by the preceding subparagraph to continue any affiliation subject to such subparagraph until the end of the period referred to in such subparagraph if the agency determines, having due regard for the purposes of this subsection and the Return to Prudent Banking Act of 2017, that such action is necessary to prevent undue concentration of resources, decreased or unfair competition, conflicts of interest, or unsound banking practices and is in the public interest. ``(C) Extension.--Subject to a determination under subparagraph (B), an appropriate Federal banking agency may extend the 2-year period referred to in subparagraph (A) from time to time as to any particular insured depository institution for not more than 6 months at a time, if, in the judgment of the agency, such an extension would not be detrimental to the public interest, but no such extensions shall in the aggregate exceed 1 year. ``(4) Definitions.--For purposes of this subsection, the terms `broker' and `dealer' have the same meanings as in section 3(a) of the Securities Exchange Act of 1934 and the terms `investment adviser' and `investment company' have the meaning given such terms under the Investment Advisers Act of 1940 and the Investment Company Act of 1940, respectively.''. (b) Prohibition on Banking Activities by Securities Firms Clarified.--Section 21 of the Banking Act of 1933 (12 U.S.C. 378) is amended by adding at the end the following new subsection: ``(c) Business of Receiving Deposits.--For purposes of this section, the term `business of receiving deposits' includes the establishment and maintenance of any transaction account (as defined in section 19(b)(1)(C) of the Federal Reserve Act).''. (c) Continued Applicability of ICI v. Camp.-- (1) In general.--The Congress ratifies the interpretation of the paragraph designated the ``Seventh'' of section 5136 of the Revised Statutes of the United States (12 U.S.C. 24, as amended by section 16 of the Banking Act of 1933 and subsequent amendments) and section 21 of the Banking Act of 1933 (12 U.S.C. 378) by the Supreme Court of the United States in the case of Investment Company Institute v. Camp (401 U.S. 617 et seq. (1971)) with regard to the permissible activities of banks and securities firms, except to the extent expressly prescribed otherwise by this section. (2) Applicability of reasoning.--The reasoning of the Supreme Court of the United States in the case referred to in paragraph (1) with respect to sections 20 and 32 of the Banking Act of 1933 (as in effect prior to the date of the enactment of the Gramm-Leach-Bliley Act) shall continue to apply to subsection (aa) of section 18 of the Federal Deposit Insurance Act (as added by subsection (a) of this section) except to the extent the scope and application of such subsection as enacted exceed the scope and application of such sections 20 and 32. (3) Limitation on agency interpretation or judicial construction.--No appropriate Federal banking agency, by regulation, order, interpretation, or other action, and no court within the United States may construe the paragraph designated the ``Seventh'' of section 5136 of the Revised Statutes of the United States (12 U.S.C. 24, as amended by section 16 of the Banking Act of 1933 and subsequent amendments), section 21 of the Banking Act of 1933, or section 18(aa) of the Federal Deposit Insurance Act more narrowly than the reasoning of the Supreme Court of the United States in the case of Investment Company Institute v. Camp (401 U.S. 617 et seq. (1971)) as to the construction and the purposes of such provisions. SEC. 3. REPEAL OF GRAMM-LEACH-BLILEY ACT PROVISIONS. (a) Financial Holding Company.-- (1) In general.--Section 4 of the Bank Holding Company Act of 1956 (12 U.S.C. 1843) is amended by striking subsections (k), (l), (m), (n), and (o). (2) Transition.-- (A) Orderly wind-down of existing affiliation.--In the case of a bank holding company which, pursuant to the amendments made by paragraph (1), is no longer authorized to control or be affiliated with any entity that was permissible for a financial holding company, any affiliation by the bank holding company which is not permitted for a bank holding company shall be terminated as soon as practicable and in any event no later than the end of the 2-year period beginning on such date of enactment. (B) Early termination.--The Board of Governors of the Federal Reserve System, after opportunity for hearing, may terminate, at any time, the authority conferred by the preceding subparagraph to continue any affiliation subject to such subparagraph until the end of the period referred to in such subparagraph if the Board determines, having due regard to the purposes of this Act, that such action is necessary to prevent undue concentration of resources, decreased or unfair competition, conflicts of interest, or unsound banking practices, and is in the public interest. (C) Extension.--Subject to a determination under subparagraph (B), the Board of Governors of the Federal Reserve System may extend the 2-year period referred to in subparagraph (A) above from time to time as to any particular bank holding company for not more than 6 months at a time, if, in the judgment of the Board, such an extension would not be detrimental to the public interest, but no such extensions shall in the aggregate exceed 1 year. (3) Technical and conforming amendments.-- (A) Section 2 of the Bank Holding Company Act of 1956 (12 U.S.C. 1841) is amended by striking subsection (p). (B) Section 5(c) of the Bank Holding Company Act of 1956 (12 U.S.C. 1844(c)) is amended-- (i) by striking paragraphs (3) and (4); and (ii) by redesignating paragraph (5) as paragraph (3). (C) Section 5 of the Bank Holding Company Act of 1956 (12 U.S.C. 1844) is amended by striking subsection (g). (D) The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) is amended by striking section 45. (E) Subtitle B of title I of the Gramm-Leach-Bliley Act is amended by striking section 114 (12 U.S.C. 1828a) and section 115 (12 U.S.C. 1820a). (b) Financial Subsidiaries Repealed.-- (1) In general.--Section 5136A of the Revised Statutes of the United States (12 U.S.C. 24a) is amended to read as follows: ``SEC. 5136A. [REPEALED].''. (2) Transition.-- (A) Orderly wind-down of existing affiliation.--In the case of a national bank which, pursuant to the amendments made by paragraph (1), is no longer authorized to control or be affiliated with a financial subsidiary as of the date of the enactment of this Act, such affiliation shall be terminated as soon as practicable and in any event no later than the end of the 2-year period beginning on such date of enactment. (B) Early termination.--The Comptroller of the Currency, after opportunity for hearing, may terminate, at any time, the authority conferred by the preceding subparagraph to continue any affiliation subject to such subparagraph until the end of the period referred to in such subparagraph if the Comptroller determines, having due regard for the purposes of this Act, that such action is necessary to prevent undue concentration of resources, decreased or unfair competition, conflicts of interest, or unsound banking practices and is in the public interest. (C) Extension.--Subject to a determination under subparagraph (B), the Comptroller of the Currency may extend the 2-year period referred to in subparagraph (A) above from time to time as to any particular national bank for not more than 6 months at a time, if, in the judgment of the Comptroller, such an extension would not be detrimental to the public interest, but no such extensions shall in the aggregate exceed 1 year. (3) Technical and conforming amendment.-- (A) The 20th undesignated paragraph of section 9 of the Federal Reserve Act (12 U.S.C. 335) is amended by striking the last sentence. (B) The Federal Deposit Insurance Act is amended by striking section 46 (12 U.S.C. 1831w). (4) Clerical amendment.--The table of sections for chapter one of title LXII of the Revised Statutes of the United States is amended by striking the item relating to section 5136A. (c) Definition of Broker.--Section 3(a)(4)(B) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(4)(B)) is amended-- (1) by striking clauses (i), (iii), (v), (vii), (x), and (xi); and (2) by redesignating clauses (ii), (iv), (vi), (viii), and (ix) as clauses (i), (ii), (iii), (iv), and (v), respectively. (d) Definition of Dealer.--Section 3(a)(5)(C) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(5)(C)) is amended-- (1) by striking clauses (i) and (iii); and (2) by redesignating clauses (ii) and (iv) as clauses (i) and (ii), respectively. (e) Definition of Identified Banking Product.--Subsection (a) of section 206 of the Gramm-Leach-Bliley Act (15 U.S.C. 78c note) is amended-- (1) by inserting ``and'' after the semicolon at the end of paragraph (4); (2) in paragraph (5)(B)(ii), by striking ``; or'' and inserting a period; and (3) by striking paragraph (6) and all that follows through the end of such subsection. (f) Definition of Activities Closely Related to Banking.-- (1) In general.--Section 4(c)(8) of the Bank Holding Company Act of 1956 (12 U.S.C. 1843(c)(8)) is amended by striking ``the day before the date of the enactment of the Gramm-Leach-Bliley Act'' and inserting ``January 1, 1970''. (2) Provision allowing for exceptions after report to the congress.--Subsection (j) of section 4 of the Bank Holding Company Act of 1956 (12 U.S.C. 1843(j)) is amended to read as follows: ``(j) Approval for Certain Post-1970 Subsection (c)(8) Activities.-- ``(1) In general.--Notwithstanding the limitation of the January 1, 1970, approval deadline in subsection (c)(8), the Board may determine an activity to be so closely related to banking as to be a proper incident thereto for purposes of such subsection, subject to the requirements of this subsection and such terms and conditions as the Board may require. ``(2) General standards.--In making any determination under paragraph (1), the Board shall consider whether performance of the activity by a bank holding company or a subsidiary of such company can reasonably be expected to result in a violation of section 18(aa) of the Federal Deposit Insurance Act, section 21 of the Banking Act of 1933, or the spirit of section 2(c) of the Return to Prudent Banking Act of 2017, and other possible adverse effects, such as undue concentration of resources, decreased or unfair competition, conflicts of interests, or unsound banking practices. ``(3) Report and wait.--No determination of the Board under paragraph (1) may take effect before the end of the 180-day period beginning on the date by which notice of the determination has been submitted to both Houses of the Congress together with a detailed explanation of the activities to which the determination relates and the basis for the determination, unless before the end of such period, such activities have been approved by an Act of Congress.''. (g) Repeal of Provision Relating to Foreign Banks Filing as Financial Holding Companies.--Section 8(c) of the International Banking Act of 1978 (12 U.S.C. 3106(c)) is amended by striking paragraph (3). SEC. 4. REPORTS TO THE CONGRESS. (a) Reports Required.--Each time the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, or another appropriate Federal banking agency makes a determination or an extension under subparagraph (B) or (C) of paragraph (2) or (3) of section 18(aa) of the Federal Deposit Insurance Act (as added by section 2(a)) or subparagraph (B) or (C) of subsection (a)(2) or (b)(2) of section 3, as the case may be, the Board, Comptroller, or agency shall promptly submit a report of such determination or extension to the Congress. (b) Contents.--Each report submitted to the Congress under subsection (a) shall contain a detailed description of the basis for the determination or extension.

Return to Prudent Banking Act of 2017 This bill prohibits an insured depository institution from affiliating with any person or firm engaged principally in, among other things, issuing or selling stocks, bonds, notes, or other securities. Officers, directors and employees of securities firms are prohibited from simultaneously serving as an officer, director, or employee of a depository institution, except in specified circumstances. Any such individual serving as an officer, director, employee, or other institution-affiliated party of any insured depository institution must terminate such service as soon as practicable after enactment of this bill. Any affiliation of an insured depository institution with any broker, dealer, investment adviser, or investment company must be terminated as soon as practicable. No entity issuing or selling stocks, bonds, or other securities may engage in the business of receiving deposits, which includes the establishment and maintenance of transaction accounts, as defined in the Federal Reserve Act. This bill declares that Congress ratifies the interpretation by the Supreme Court of specified statutory language in Investment Company Institute v. Camp (ICI) regarding permissible activities of banks and securities firms. It further declares that the reasoning of the Court in that case shall continue to apply to the limitations placed upon security affiliations under the Federal Deposit Insurance Act as enacted by this bill. No federal banking agency or federal court shall issue an interpretation regarding such security affiliations that is narrower than that of the court in ICI. This bill repeals certain provisions of the Gramm-Leach-Bliley Act, including those pertaining to regulation of financial holding companies and the conditions for engaging in financial activities.

{"src": "billsum_train", "title": "Return to Prudent Banking Act of 2017"}

SECTION 1. MASTER TEACHER EXCLUSION. (a) Master Teacher Exclusion.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139A the following new section: ``SEC. 139B. CERTAIN WAGES OF CERTIFIED MASTER TEACHERS. ``(a) 25 Percent Exclusion.--Gross income does not include 25 percent of wages earned by a certified master teacher in remuneration for employment at a qualified school in need of improvement or a Head Start program assisted under the Head Start Act (42 U.S.C. 9831 et seq.). ``(b) Certified Master Teacher.--For purposes of this section-- ``(1) In general.--The term `certified master teacher' means any eligible teacher who is certified by a State as being eligible for the exclusion from gross income provided under subsection (a) with respect to wages earned during a 4-year certification period. A teacher shall not be treated as a certified master teacher except during the certification period. ``(2) Recertification prohibited.--A teacher shall not be certified as a certified master teacher for more than one certification period. ``(3) State limitation on number of certified master teachers.--A State may not certify any teacher if such certification would result (at the time of such certification) in more than 10 percent of the State's public school teachers being certified master teachers. ``(c) Qualified School in Need of Improvement.--For purposes of this section, the term `qualified school in need of improvement' means, with respect to any certified master teacher-- ``(1) the school in need of improvement which first employs such teacher during the certification period, ``(2) any school in need of improvement which subsequently employs such teacher, but only if each school in need of improvement which previously employed such teacher during the certification period has ceased to be a school in need of improvement, and ``(3) any school described in paragraph (1) or (2) which ceases to be a school in need of improvement, but only if such teacher was employed by such school (during such teacher's certification period) at the time that such school ceased to be a school in need of improvement. ``(d) School in Need of Improvement.--For purposes of this section, the term `school in need of improvement' means a public elementary or secondary school that-- ``(1) is identified for school improvement, corrective action, or restructuring under section 1116 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316), and ``(2) is eligible for a schoolwide program under section 1114 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6314). ``(e) Eligible Teacher.--For purposes of this section, the term `eligible teacher' means a teacher who-- ``(1) has had at least 5 years of teaching experience in a public elementary or secondary school, ``(2) is highly qualified, as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801), ``(3) has a master's degree, and ``(4) has earned-- ``(A) advanced certification in the teacher's State licensing system, or ``(B) in the case of a teacher in a State that does not offer advanced certification, certification from the National Board for Professional Teaching Standards. ``(f) Certification Period.--For purposes of this section, the term `certification period' means, with respect to any certified master teacher, the 4-year period described in subsection (b). ``(g) State Identification Required on Return.--With respect to any certified master teacher, no exclusion shall be allowed under subsection (a) for any taxable year unless the certified master teacher includes the State in which the teacher has been certified on the certified master teacher's return of tax for such taxable year. ``(h) Termination.--This section shall not apply to any taxable year beginning after December 31, 2013.''. (b) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 139A the following new item: ``Sec. 139B. Certain wages of certified master teachers''. (c) Report to Congress.--The Secretary of the Treasury shall transmit to the Congress for each of calendar years 2007 through 2013 an annual report stating, with respect to each State, the number of individuals certified by such State as certified master teachers who were allowed an exclusion from gross income under section 139B of the Internal Revenue Code of 1986 for a taxable year ending in such calendar year. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006.

Amends the Internal Revenue Code to exclude from gross income up to 25 percent of the wages earned by a certified master teacher in certain schools identified as in need of improvement or in a Head Start program. Defines "certified master teacher" as a teacher who: (1) has at least five years teaching experience in a public elementary or secondary school; (2) is highly qualified as defined by the Elementary and Secondary Education Act of 1965; (3) has a master's degree; and (4) has advanced certification in the applicable State licensing system. Terminates such exclusion after 2013.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide for the exclusion from gross income of certain wages of a certified master teacher, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Depository Institutions Disaster Relief Act of 1993''. SEC. 2. TRUTH IN LENDING ACT; EXPEDITED FUNDS AVAILABILITY ACT. (a) Truth in Lending Act.--During the 180-day period beginning on the date of enactment of this Act, the Board of Governors of the Federal Reserve System may make exceptions to the Truth in Lending Act for transactions within an area in which the President, pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, has determined that a major disaster exists, or within an area determined to be eligible for disaster relief under other Federal law by reason of damage related to the 1993 flooding of the Mississippi River and its tributaries, if the Board determines that the exception can reasonably be expected to alleviate hardships to the public resulting from such disaster that outweigh possible adverse effects. (b) Expedited Funds Availability Act.--During the 180-day period beginning on the date of enactment of this Act, the Board of Governors of the Federal Reserve System may make exceptions to the Expedited Funds Availability Act for depository institution offices located within any area referred to in subsection (a) of this section if the Board determines that the exception can reasonably be expected to alleviate hardships to the public resulting from such disaster that outweigh possible adverse effects. (c) Time Limit on Exceptions.--Any exception made under this section shall expire not later than the earlier of-- (1) 1 year after the date of enactment of this Act; or (2) 1 year after the date of any determination referred to in subsection (a). (d) Publication Required.--The Board of Governors of the Federal Reserve System shall publish in the Federal Register a statement that-- (1) describes any exception made under this section; and (2) explains how the exception can reasonably be expected to produce benefits to the public that outweigh possible adverse effects. SEC. 3. DEPOSIT OF INSURANCE PROCEEDS. (a) In General.--The appropriate Federal banking agency may, by order, permit an insured depository institution, during the 18-month period beginning on the date of enactment of this Act, to subtract from the institution's total assets, in calculating compliance with the leverage limit prescribed under section 38 of the Federal Deposit Insurance Act, an amount not exceeding the qualifying amount attributable to insurance proceeds, if the agency determines that-- (1) the institution-- (A) had its principal place of business within an area in which the President, pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, has determined that a major disaster exists, or within an area determined to be eligible for disaster relief under other Federal law by reason of damage related to the 1993 flooding of the Mississippi River and its tributaries, on the day before the date of any such determination; (B) derives more than 60 percent of its total deposits from persons who normally reside within, or whose principal place of business is normally within, areas of intense devastation caused by the major disaster; (C) was adequately capitalized (as defined in section 38 of the Federal Deposit Insurance Act) before the major disaster; and (D) has an acceptable plan for managing the increase in its total assets and total deposits; and (2) the subtraction is consistent with the purpose of section 38 of the Federal Deposit Insurance Act. (b) Definitions.--For purposes of this section: (1) Appropriate federal banking agency.--The term ``appropriate Federal banking agency'' has the same meaning as in section 3 of the Federal Deposit Insurance Act. (2) Insured depository institution.--The term ``insured depository institution'' has the same meaning as in section 3 of the Federal Deposit Insurance Act. (3) Leverage limit.--The term ``leverage limit'' has the same meaning as in section 38 of the Federal Deposit Insurance Act. (4) Qualifying amount attributable to insurance proceeds.-- The term ``qualifying amount attributable to insurance proceeds'' means the amount (if any) by which the institution's total assets exceed the institution's average total assets during the calendar quarter ending before the date of any determination referred to in subsection (a)(1)(A), because of the deposit of insurance payments or governmental assistance made with respect to damage caused by, or other costs resulting from, the major disaster. SEC. 4. BANKING AGENCY PUBLICATION REQUIREMENTS. (a) In General.--During the 180-day period beginning on the date of enactment of this Act, a qualifying regulatory agency may take any of the following actions with respect to depository institutions or other regulated entities whose principal place of business is within, or with respect to transactions or activities within, an area in which the President, pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, has determined that a major disaster exists, or within an area determined to be eligible for disaster relief under other Federal law by reason of damage related to the 1993 flooding of the Mississippi River and its tributaries, if the agency determines that the action would facilitate recovery from the major disaster: (1) Procedure.--Exercising the agency's authority under provisions of law other than this section without complying with-- (A) any requirement of section 553 of title 5, United States Code; or (B) any provision of law that requires notice or opportunity for hearing or sets maximum or minimum time limits with respect to agency action. (2) Publication requirements.--Making exceptions, with respect to institutions or other entities for which the agency is the primary Federal regulator, to-- (A) any publication requirement with respect to establishing branches or other deposit-taking facilities; or (B) any similar publication requirement. (b) Publication Required.--A qualifying regulatory agency shall publish in the Federal Register a statement that-- (1) describes any action taken under this section; and (2) explains the need for the action. (c) Qualifying Regulatory Agency Defined.--For purposes of this section, the term ``qualifying regulatory agency'' means-- (1) the Board of Governors of the Federal Reserve System; (2) the Comptroller of the Currency; (3) the Director of the Office of Thrift Supervision; (4) the Federal Deposit Insurance Corporation; (5) the Financial Institutions Examination Council; (6) the National Credit Union Administration; and (7) with respect to chapter 53 of title 31, United States Code, the Secretary of the Treasury. SEC. 5. STUDY; REPORT TO THE CONGRESS. (a) Study.--The Comptroller General of the United States shall conduct a study that-- (1) examines how the agencies and entities granted authority by the Depository Institutions Disaster Relief Act of 1992 and by this Act have exercised such authority; (2) evaluates the utility of such Acts in facilitating recovery from disasters consistent with the safety and soundness of depository institutions; and (3) contains recommendations with respect to whether the authority granted by this Act should be made permanent. (b) Report to the Congress.--Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Congress a report on the results of the study required by subsection (a). SEC. 6. SENSE OF THE CONGRESS. It is the sense of the Congress that the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, the Director of the Office of Thrift Supervision, the Federal Deposit Insurance Corporation, and the National Credit Union Administration should encourage depository institutions meet the financial services needs of their communities and customers located in areas affected by the 1993 flooding of the Mississippi River and its tributaries. SEC. 7. OTHER AUTHORITY NOT AFFECTED. Nothing in this Act limits the authority of any department or agency under any other provision of law. Passed the House of Representatives August 2, 1993. Attest: Clerk.

Depository Institutions Disaster Relief Act of 1993 - Authorizes the Board of Governors of the Federal Reserve System to make exceptions for a specified period of time to the Truth in Lending Act and to the Expedited Funds Availability Act with respect to transactions and depository institutions located within either a federally declared major disaster area or certain areas damaged by the 1993 flooding of the Mississippi River and its tributaries (disaster areas). Cites conditions under which: (1) an insured depository institution may subtract from its total assets a specified amount attributable to insurance proceeds when it is calculating compliance with prescribed leverage limits; and (2) a qualifying regulatory agency may deviate from certain statutory requirements with respect to regulated entities located in disaster areas. Directs the Comptroller General to study and report to the Congress on the efficacy of certain disaster relief Acts with respect to facilitating recovery from major disasters. Expresses the sense of the Congress that specified Federal banking regulatory agencies should encourage depository institutions to meet the financial services needs of their communities and customers located in areas affected by the 1993 flooding of the Mississippi River and its tributaries.

{"src": "billsum_train", "title": "Depository Institutions Disaster Relief Act of 1993"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Organized Retail Theft Act of 2003''. SEC. 2. PROHIBITION AGAINST ORGANIZED RETAIL THEFT. (a) In General.--Chapter 103 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 2120. Organized retail theft ``(a) In General.--Whoever in any material way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in commerce, by taking possession of, carrying away, or transferring or causing to be carried away, with intent to steal, any goods offered for retail sale with a total value exceeding $1,000, but not exceeding $5,000, during any 180-day period shall be fined not more than $1,000, imprisoned not more than 1 year, or both. ``(b) High Value.--Whoever in any material way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in commerce, by taking possession of, carrying away, or transferring or causing to be carried away, with intent to steal, any goods offered for retail sale with a total value exceeding $5,000, during any 180-day period, shall be fined under this title, imprisoned not more than 10 years, or both. ``(c) Receipt and Disposal.--Whoever receives, possesses, conceals, stores, barters, sells, disposes of, or travels in interstate or foreign commerce, with the intent to distribute, any property which the person knows, or should know has been taken or stolen in violation of subsection (a) or (b), or who travels in interstate or foreign commerce, with the intent to distribute the proceeds of goods which the person knows or should know to be the proceeds of an offense described in subsection (a) or (b), or to otherwise knowingly promote, manage, carry on, or facilitate an offense described in subsection (a) or (b), shall be fined or imprisoned as provided in subsection (a) if the actions involved a violation of subsection (a) and as provided in subsection (b) if the actions involved a violation of subsection (b). ``(d) Enhanced Penalties.-- ``(1) Assault.--Whoever, in committing, or in attempting to commit, any offense defined in subsections (a) and (b) of this section, assaults any person, or puts in jeopardy the life of any person by the use of a dangerous weapon or device, shall be fined under this title, imprisoned not more than 25 years, or both. ``(2) Death and kidnapping.--Whoever, in committing any offense under this section, or in avoiding or attempting to avoid apprehension for the commission of such offense, or in freeing himself or attempting to free himself from arrest or confinement for such offense, kills any person, or forces any person to accompany him without the consent of such person, shall be imprisoned not less than 10 years, or if death results shall be punished by death or life imprisonment. ``(e) Forfeiture and Disposition of Goods.-- ``(1) In general.--Whoever violates this section shall forfeit to the United States, irrespective of any provision of State law any interest in the retail goods the person knows or should know to have been acquired or maintained in violation of this section. ``(2) Injunctions and impounding, forfeiture, and disposition of goods.-- ``(A) Injunctions and impounding.--In any prosecution under this subsection, upon motion of the United States, the court may-- ``(i) grant 1 or more temporary, preliminary, or permanent injunctions on such terms as the court determines to be reasonable to prevent or restrain the alleged violation; and ``(ii) at any time during the proceedings, order the impounding on such terms as the court determines to be reasonable, of any good that the court has reasonable cause to believe was involved in the violation. ``(B) Forfeiture and disposition of goods.--Upon conviction of any person of a violation under this subsection, the court shall-- ``(i) order the forfeiture of any good involved in the violation or that has been impounded under subparagraph (A)(ii); ``(ii) either-- ``(I) order the disposal of the good by delivery to such Federal, State, or local government agencies as, in the opinion of the court, have a need for such good, or by gift to such charitable or nonprofit institutions as, in the opinion of the court, have a need for such good, if such disposition would not otherwise be in violation of law and if the manufacturer consents to such disposition; or ``(II) order the return of any goods seized or impounded under subparagraph (A)(ii) to their rightful owner; and ``(iii) find that the owner of the goods seized or impounded under subparagraph (A)(ii) aided in the investigation and order that such owner be reimbursed for the expenses associated with that aid. ``(C) Terms.--For purposes of remission and mitigation of goods forfeited to the Government under this subsection, the provisions of section 981(d) of this title shall apply. ``(f) Civil Remedies.-- ``(1) In general.--Any person injured by a violation of this section, or who demonstrates the likelihood of such injury, may bring a civil action in an appropriate United States district court against the alleged violator. The complaint shall set forth in detail the manner and form of the alleged violation. ``(2) Injunctions and impounding and disposition of goods.--In any action under paragraph (1), the court may-- ``(A) grant 1 or more temporary, preliminary, or permanent injunctions upon the posting of a bond at least equal to the value of the goods affected and on such terms as the court determines to be reasonable to prevent or restrain the violation; ``(B) at any time while the action is pending, order the impounding upon the posting of a bond at least equal to the value of the goods affected and, on such terms as the court determines to be reasonable, if the court has reasonable cause to believe the goods were involved in the violation; and ``(C) as part of a final judgment or decree, in the court's discretion, order the restitution of any good involved in the violation or that has been impounded under subparagraph (B). ``(3) Damages.--In any action under paragraph (1), the plaintiff shall be entitled to recover the actual damages suffered by the plaintiff as a result of the violation, and any profits of the violator that are attributable to the violation and are not taken into account in computing the actual damages. In establishing the violator's profits, the plaintiff shall be required to present proof only of the violator's sales, and the violator shall be required to prove all elements of cost or deduction claimed. ``(4) Costs and attorney's fees.--In any action under paragraph (1), in addition to any damages recovered under paragraph (3), the court in its discretion may award the prevailing party its costs in the action and its reasonable attorney's fees. ``(5) Repeat violations.-- ``(A) Treble damages.--In any case in which a person violates this section within 3 years after the date on which a final judgment was entered against that person for a previous violation of this section, the court may, in its discretion, in an action brought under this subsection, increase the award of damages for the later violation to not more than 3 times the amount that would otherwise be awarded under paragraph (3), as the court considers appropriate. ``(B) Burden of proof.--A plaintiff that seeks damages described in subparagraph (A) shall bear the burden of proving the existence of the earlier violation. ``(g) Definition.--In this section, the term `value' has the meaning given that term in section 2311 of this title.''. (b) Conforming Amendment.--The table of sections for chapter 103 of title 18, United States Code, is amended by inserting at the end the following: ``2120. Organized retail theft.''. SEC. 3. COMMISSION OF ORGANIZED RETAIL THEFT A PREDICATE FOR RICO CLAIM. Section 1961(1) of title 18, United States Code, is amended by adding ``, section 2120 (relating to organized retail theft)'' before ``, sections 2251''. SEC. 4. FLEA MARKETS. (a) Prohibitions.--No person at a flea market shall sell, offer for sale, or knowingly permit the sale of any of the following products: (1) Baby food, infant formula, or similar products used as a sole or major source of nutrition, manufactured and packaged for sale for consumption primarily by children under 3 years of age. (2) Any drug, food for special dietary use, cosmetic, or device, as such terms are defined in the Federal Food, Drug, and Cosmetic Act and regulations issued under that Act. (b) Exclusion.--Nothing in this section shall prohibit a person from engaging in activity otherwise prohibited by subsection (a), in the case of a product described in subsection (a)(2), if that person maintains for public inspection written documentation identifying the person as an authorized representative of the manufacturer or distributor of that product. (c) Flea Market Defined.-- (1) In general.--As used in this section, the term ``flea market'' means any physical location, other than a permanent retail store, at which space is rented or otherwise made available to others for the conduct of business as transient or limited vendors. (2) Exclusion.--For purposes of paragraph (1), transient or limited vendors shall not include those persons who sell by sample or catalog for future delivery to the purchaser. (d) Criminal Penalties.--Any person who willfully violates this section shall be punished as provided in section 2120 of title 18, United States Code. SEC. 5. ATTORNEY GENERAL REPORTING REQUIREMENTS. Beginning with the first year after the date of enactment of this Act, the Attorney General shall include in the report of the Attorney General to Congress on the business of the Department of Justice prepared pursuant to section 522 of title 28, United States Code, an accounting, on a district by district basis, of the following with respect to all actions taken by the Department of Justice that involve organized retail theft (as punishable under section 2120 of title 18, United States Code, as added by this Act), including-- (1) the number of open investigations; (2) the number of cases referred by the United States Customs Service; (3) the number of cases referred by other agencies or sources; and (4) the number and outcome, including settlements, sentences, recoveries, and penalties, of all prosecutions brought under section 2120 of title 18, United States Code.

Organized Retail Theft Act of 2003 - Amends the Federal criminal code to prohibit organized retail theft. Prescribes penalties to be imposed for: (1) obstructing, delaying, or affecting commerce or the movement of any article or commodity in commerce by taking possession of, carrying away, or transferring, with intent to steal, any goods offered for retail sale with a total value of between $1,000 and $5,000, or of over $5,000, during any 180-day period; (2) receiving, possessing, concealing, storing, bartering, selling, disposing of, or traveling in interstate or foreign commerce with intent to distribute, any property which the person knows, or should have known, has been taken or stolen in violation of this Act; and (3) knowingly promoting, managing, or facilitating such an offense. Provides enhanced penalties for assault, jeopardizing a person's life by use of a dangerous weapon, killing, or kidnapping committeed in the course of such an offense. Requires a person to forfeit any interest in goods acquired or maintained in violation of this Act. Sets forth provisions concerning injunctions to restrain violations, impounding of goods, the forfeiture and disposition of goods, and civil remedies by persons aggrieved by violations of this Act. Makes commission of organized retail theft a predicate for a claim under the Racketeer Influenced and Corrupt Organizations Act. Prohibits anyone at a flea market from selling, offering for sale, or knowingly permitting the sale of: (1) baby food, infant formula, or similar products uses as a sole or major source of nutrition, manufactured and packaged for sale for consumption primarily by children under age three; or (2) any drug, food for special dietary use, cosmetic, or device, except by an authorized representative of the product manufacturer or distributor. Requires the Attorney General to report on Department of Justice actions involving organized retail theft.

{"src": "billsum_train", "title": "A bill to amend title 18, United States Code, to combat, deter, and punish individuals and enterprises engaged in organized retail theft."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Credit Card Fair Fee Act of 2008''. SEC. 2. LIMITED ANTITRUST IMMUNITY FOR THE NEGOTIATION AND DETERMINATION OF RATES AND TERMS FOR ACCESS TO COVERED ELECTRONIC PAYMENT SYSTEMS. (a) Definitions.--For purposes of this Act: (1) ``Access agreement'' means an agreement giving a merchant permission to access a covered electronic payment system to accept credit cards and/or debit cards from consumers for payment for goods and services as well as to receive payment for such goods and services, conditioned solely upon the merchant complying with the rates and terms specified in the agreement. (2) ``Acquirer'' means a financial institution that provides services allowing merchants to access an electronic payment system to accept credit cards and/or debit cards for payment, but does not include independent third party processors that may act as the acquirer's agent in processing general-purpose credit or debit card transactions. (3) ``Antitrust Division'' means the Antitrust Division of the U.S. Department of Justice. (4) ``Antitrust laws'' has the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section 5 applies to unfair methods of competition as well as any similar State law. (5) ``Credit card'' means any general-purpose card or other device issued or approved for use by a financial institution allowing the cardholder to obtain goods or services on credit on terms specified by that financial institution. (6) ``Covered electronic payment system'' means an electronic payment system that has been used for at least 20 percent of the combined dollar value of U.S. credit card, signature-based debit card, and PIN-based debit card payments processed in the applicable calendar year immediately preceding the year in which the conduct in question occurs. (7) ``Debit card'' means any general-purpose card or other device issued or approved for use by a financial institution for use in debiting a cardholder's account for the purpose of that cardholder obtaining goods or services, whether authorization is signature-based or PIN-based. (8) ``Electronic payment system'' means the proprietary services and infrastructure that route information and data to facilitate transaction authorization, clearance, and settlement that merchants must access in order to accept a specific brand of general-purpose credit cards and/or debit cards as payment for goods and services. (9) ``Financial institution'' has the same meaning as in section 603(t) of the Fair Credit Reporting Act. (10) ``Issuer'' means a financial institution that issues credit cards and/or debit cards or approves the use of other devices for use in an electronic payment system, but does not include independent third party processors that may act as the issuer's agent in processing general-purpose credit card or debit card transactions. (11) ``Market power'' means the ability profitably to raise prices above those that would be charged in a perfectly competitive market. (12) ``Merchant'' means any person who accepts credit cards and/or debit cards in payment for goods or services that they provide. (13) ``Negotiating party'' means 1 or more providers of a covered electronic payment system or 1 or more merchants who have access to or who are seeking access to that covered electronic payment system, as the case may be, and who are in the process of negotiating or who have executed a voluntarily negotiated access agreement that is still in effect. (14) ``Person'' has the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)). (15) ``Provider'' means any person who owns, operates, controls, serves as an issuer for, or serves as an acquirer for a covered electronic payment system. (16) ``State'' has the meaning given it in section 4G(2) of the Clayton Act (15 U.S.C. 15g(2)). (17) ``Terms'' means all rules applicable either to providers of a single covered electronic payment system or to merchants, and that are required in order to provide or access that covered electronic payment system for processing credit card and/or debit card transactions. (18) ``Voluntarily negotiated access agreement'' means an executed agreement voluntarily negotiated between 1 or more providers of a single covered electronic payment system and 1 or more merchants that sets the rates and terms pursuant to which the 1 or more merchants can access that covered electronic payment system to accept credit cards and/or debit cards from consumers for payment of goods and services, and receive payment for such goods and services. (b) Limited Antitrust Immunity for Negotiation of Access Rates and Terms to Covered Electronic Payment Systems.--(1) Except as provided in paragraph (2) and notwithstanding any provision of the antitrust laws, in negotiating access rates and terms any providers of a single covered electronic payment system and any merchants may jointly negotiate and agree upon the rates and terms for access to the covered electronic payment system, including through the use of common agents that represent either providers of a single covered electronic payment system or merchants on a non-exclusive basis. Any providers of a single covered electronic payment system also may jointly determine the proportionate division among themselves of paid access fees. (2) Notwithstanding any other provision of this Act, the immunity otherwise applicable under paragraph (1) shall not apply to a provider of a single covered electronic payment system, or to a merchant, during any period in which such provider, or such merchant, is engaged in any unlawful boycott. (c) Nondiscrimination.--For any given covered electronic payment system, the rates and terms of a voluntarily negotiated access agreement reached under the authority of this section shall be the same for all merchants, regardless of merchant category or volume of transactions (either in number or dollar value) generated. For any given covered electronic payment system, the rates and terms of a voluntarily negotiated access agreement reached under the authority of this section shall be the same for all participating providers, regardless of provider category or volume of transactions (either in number or dollar value) generated. (d) Facilitation of Negotiation.-- (1) Schedule.--Within one month following enactment of this Act, the negotiating parties shall file with the Antitrust Division a schedule for negotiations. If the negotiating parties do not file such a schedule within one month from the date of enactment, the Antitrust Division shall issue such a schedule and inform the negotiating parties of the schedule. In either case, the Antitrust Division shall make the schedule available to all negotiating parties. (2) Initial disclosure.--Within one month following enactment of this Act, the persons described in this subsection shall make the initial disclosures described in paragraphs (3), (4), and (5) to facilitate negotiations under the limited antitrust immunity provided for by this section. (3) Issuers, acquirers, and owners.--Any person who is 1 of the 10 largest issuers for a covered electronic payment system in terms of number of cards issued, any person who is 1 of the 10 largest acquirers for a covered electronic payment system in terms of number of merchants served, and any person who operates or controls a covered electronic payment system shall produce to the Antitrust Division and to all negotiating parties-- (A) an itemized list of the costs necessary to provide the covered electronic payment system that were incurred by the person during the most recent full calendar year before the initiation of the negotiation; and (B) any access agreement between that person and 1 or more merchants with regard to that covered electronic payment system. (4) Merchants.--Any person who is 1 of the 10 largest merchants using the covered electronic payment system, determined based on dollar amount of transactions made with the covered electronic payment system, shall produce to the Antitrust Division and to all negotiating parties-- (A) an itemized list of the costs necessary to access an electronic payment system during the most recent full calendar year prior to the initiation of the proceeding; and (B) any access agreement between that person and 1 or more providers with regard to that covered electronic payment system. (5) Disagreement.--Any disagreement regarding whether a person is required to make an initial disclosure under this clause, or the contents of such a disclosure, shall be resolved by the Antitrust Division. (6) Attendance of antitrust division.--A representative of the Antitrust Division shall attend all negotiation sessions conducted under the authority of this section. (e) Transparency of Voluntarily Negotiated Access Agreements.-- (1) Voluntarily negotiated access agreements between negotiating parties.--A voluntarily negotiated access agreement may be executed at any time between 1 or more providers of a covered electronic payment system and 1 or more merchants. (2) Filing agreements with the antitrust division.--The negotiating parties shall jointly file with the Antitrust Division a clear intelligible copy of-- (A) any voluntarily negotiated access agreement that affects any market in the United States or elsewhere; (B) the various components of the interchange fee; (C) a description of how access fees that merchants pay are allocated among financial institutions and how they are spent; (D) whether a variation in fees exists among card types; (E) any documentation relating to a voluntarily negotiated access agreement evidencing any consideration being given or any marketing or promotional agreements between the negotiating parties; (F) a comparison of interchange rates in current use in the 10 foreign countries having the highest volume of credit card transactions with the interchange rates charged in the United States under such agreement; and (G) any amendments to that voluntarily negotiated access agreement or documentation. (3) Timing and availability of filings.--The negotiating parties to any voluntarily negotiated access agreement executed after the date of enactment of this Act shall jointly file the voluntarily negotiated access agreement, and any documentation or amendments described in paragraph (2), with the Antitrust Division not later than 30 days after the date of execution of the voluntarily negotiated access agreement or amendment or after the creation of the documentation. The Antitrust Division shall make publicly available any voluntarily negotiated access agreement, amendment, or accompanying documentation filed under this paragraph. (f) Report to Congress by the Antitrust Division.--Within seven months after the date of enactment of this Act, the Antitrust Division shall transmit to the House Committee on the Judiciary and the Senate Committee on the Judiciary a report on the negotiations conducted under the authority of this section during the first six months after the date of enactment and, if a voluntarily negotiated agreement is reached, whether such access rates and terms will have an adverse effect on competition and how such rates compare with access rates and terms in current use in other countries. Such report shall contain a chronology of the negotiations, an assessment of whether the parties have negotiated in good faith, an assessment of the quality of the data provided by the parties in their initial disclosures, a description of any voluntarily negotiated agreements reached during the negotiations, and any recommendations of the Antitrust Division concerning how Congress should respond to the conduct of the negotiations. (g) Effect on Pending Lawsuits.--Nothing in this section shall affect liability in any action pending on the date of enactment of this section. SEC. 3. OPT-OUT. Nothing in this Act shall limit the ability of acquirers or issuers that are regulated by the National Credit Union Administration or that, together with affiliates, have assets of less than $1,000,000,000, to opt out of negotiations under this Act. SEC. 4. CARDHOLDER SAVINGS. Any agreements reached pursuant to the authority provided in section 2 shall provide that-- (1) when any fees that a merchant is charged for access to a covered electronic payment system are reduced pursuant to any such agreement, the merchant shall pass the benefits of any such reduction in fees on to its customers or employees; and (2) when any fees that a financial institution collects for access to a covered electronic payment system are increased pursuant to any such agreement, the financial institution shall pass the benefits of any such increase in fees on to its customers or employees. SEC. 5. EFFECTIVE DATE. This Act shall take effect on the date of the enactment of this Act.

Credit Card Fair Fee Act of 2008 - (Sec. 2) Sets forth a limited antitrust immunity to providers of covered electronic payment systems and merchants for negotiation of access rates and terms. Authorizes providers of a single covered electronic payment system (e.g. Visa or Mastercharge credit cards) and merchants to jointly negotiate and agree upon rates and terms for access to such system. Authorizes such providers to jointly determine the proportionate division among themselves of paid access fees. Denies such immunity during any period in which such a provider or merchant is engaged in any unlawful boycott. Requires the rates and terms of a voluntarily negotiated access agreement to be the same for all merchants and participating providers, regardless of their respective category or volume of transactions. Requires the negotiating parties to file with the Antitrust Division of the Department of Justice a schedule for negotiations within one month following enactment of this Act. Directs the Antitrust Division to issue such a schedule, and inform the negotiating parties, if they fail to file a schedule before the deadline. Requires issuers, acquirers, owners, and merchants to make specified disclosures regarding itemized costs and access agreements. Requires a representative of the Antitrust Division to attend all negotiation sessions conducted under the authority of this Act. Requires the negotiating parties to file jointly with the Antitrust Division any voluntarily negotiated access agreement that affects any market in the United States or elsewhere, including the various components of the interchange fee, and a description of how access fees that merchants pay are allocated among financial institutions and how they are spent. Directs the Antitrust Division to report to certain congressional committees on: (1) the negotiations conducted under this Act during the first six months after its enactment; and (2) if a voluntarily negotiated agreement is reached, whether such access rates and terms will have an adverse effect on competition, and how such rates compare with access rates and terms in current use in other countries. (Sec. 3) Declares that nothing in this Act shall limit the ability of acquirers or issuers that are regulated by the National Credit Union Administration or that, together with affiliates, have assets of less than $1 billion, to opt out of negotiations under this Act. (Sec. 4) Requires agreements reached pursuant to the limited antitrust immunity under this Act to provide that: (1) when any fees that a merchant is charged for access to a covered electronic payment system are reduced, the merchant shall pass the benefits on to customers or employees; and (2) when any fees that a financial institution collects for access to a covered electronic payment system are increased, the institution shall pass those benefits on to its customers or employees.

{"src": "billsum_train", "title": "To amend the antitrust laws to ensure competitive market-based rates and terms for merchants' access to electronic payment systems."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``HOME Investment Partnerships Act Amendments of 1994''. SEC. 2. PARTICIPATION BY STATE AGENCIES OR INSTRUMENTALITIES. Section 104(2) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12704(2)) is amended by inserting before the period at the end the following: ``, or any agency or instrumentality thereof that is established pursuant to legislation and designated by the chief executive to act on behalf of the State with regard to the provisions of this Act''. SEC. 3. SIMPLIFICATION OF PROGRAM-WIDE INCOME TARGETING FOR RENTAL HOUSING. Section 214(1) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12744(1)) is amended-- (1) in subparagraph (A)-- (A) by striking ``such funds are invested with respect to dwelling units that are occupied by'' and inserting ``(i) the families receiving such rental assistance are''; and (B) by striking ``, and'' and inserting ``or (ii) the dwelling units assisted with such funds are occupied by families having such incomes; and''; and (2) in subparagraph (B)-- (A) by striking ``such funds are invested with respect to dwelling units that are occupied by'' and inserting ``(i) the families receiving such rental assistance are''; and (B) by inserting before the semicolon at the end the following: ``, or (ii) the dwelling units assisted with such funds are occupied by such households''. SEC. 4. CHANGES RELATING TO HOMEOWNERSHIP UNITS. (a) Removal of First-Time Homebuyer Requirement.--Section 215(b) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12745(b)) is amended-- (1) by striking paragraph (3); and (2) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively. (b) Simplification of Resale Provisions.--Section 215(b)(4)(B) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12745(b)(4)(B)), as redesignated by subsection (a) of this section, is amended by striking ``subsection'' and inserting ``title''. SEC. 5. STABILIZATION OF FUNDING THRESHOLDS. The Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12701 et seq.) is amended-- (1) in section 216, by striking paragraph (10); (2) in section 217(b), by striking paragraph (4); (3) in section 217(b)(3)-- (A) in the first sentence, by striking ``only those jurisdictions'' and all that follows through ``allocation'' and inserting ``jurisdictions that are not participating jurisdictions that are allocated an amount of $500,000 or more and jurisdictions that are participating jurisdictions shall receive an allocation''; and (B) in the last sentence, by striking ``, except as provided in paragraph (4)''; and (4) in section 216-- (A) in paragraph (3)(A), by striking ``Except as provided in paragraph (10), a jurisdiction'' and inserting ``A jurisdiction''; and (B) in paragraph (9)(B), by striking ``, except as provided in paragraph (10)''. SEC. 6. COMPREHENSIVE AFFORDABLE HOUSING STRATEGY. (a) HOME Program.--Section 218(d) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12748(d)) is amended in the first sentence, by inserting ``that it is complying with a current housing affordability strategy that has been approved by the Secretary in accordance with section 105, and'' after ``certification''. (b) Homeless Housing Assistance Programs.--Section 401 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11361) is amended to read as follows: ``SEC. 401. HOUSING AFFORDABILITY STRATEGY. ``(a) Requirement To Comply With CHAS.--Assistance may be made available under subtitle B to metropolitan cities, urban counties, and States receiving a formula amount under section 413, only if the jurisdiction certifies that it is complying with a current housing affordability strategy that has been approved by the Secretary in accordance with section 105 of the Cranston-Gonzalez National Affordable Housing Act. ``(b) Requirement for Consistency With CHAS.--Assistance may be made available under this title only if the application for such assistance contains a certification that the proposed project or activities are consistent with the housing affordability strategy of the State or unit of general local government in which the project is located. The certification shall be made by the public official responsible for submitting the strategy for the jurisdiction.''. (c) Conforming Amendments.--Title IV of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11361 et seq.) is amended-- (1) in section 426(a)(2)-- (A) in subparagraph (E), by inserting ``and'' after the semicolon at the end; (B) by striking subparagraph (F); and (C) by redesignating subparagraph (G) as subparagraph (F); (2) in section 434(a)-- (A) by striking paragraph (10); and (B) by redesignating paragraphs (11), (12), and (13) as paragraphs (10), (11), and (12), respectively; and (3) in section 454(b)-- (A) by striking paragraph (9); and (B) by redesignating paragraphs (10), (11), and (12) as paragraphs (9), (10), and (11), respectively. SEC. 7. MATCHING REQUIREMENTS. Section 220(a) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12750(a)) is amended to read as follows: ``(a) Contribution.--Each participating jurisdiction shall make contributions to housing that qualifies as affordable housing under this title that total, throughout a fiscal year, not less than 25 percent of the funds drawn from the jurisdiction's HOME Investment Trust Fund in such fiscal year. Such contributions shall be in addition to any amounts made available under section 216(3)(A)(ii).''. SEC. 8. SEPARATE AUDIT REQUIREMENT. Section 283 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12833) is amended-- (1) by striking the section designation and heading and inserting the following: ``SEC. 283. AUDITS BY COMPTROLLER GENERAL.''; (2) by striking subsection (a); (3) in subsection (b)-- (A) by striking ``(b) Audits by the Comptroller General.--''; (B) by redesignating paragraphs (1) and (2) as subsections (a) and (b), respectively; and (C) by moving subsections (a) and (b), as redesignated by subparagraph (B), 2 ems to the left so that such subsections are flush with the left margin; and (4) in subsection (a), as redesignated by paragraph (3)(B), by striking the second sentence. SEC. 9. ENVIRONMENTAL REVIEW. Section 288 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12838) is amended-- (1) in subsection (a)-- (A) in the first sentence, by striking ``participating jurisdictions'' and inserting ``jurisdictions, Indian tribes, or insular areas''; and (B) by adding at the end the following new sentences: ``The regulations shall-- ``(1) provide for the monitoring of environmental reviews performed under this section; ``(2) at the discretion of the Secretary, facilitate training for the performance of such reviews; and ``(3) establish criteria for the suspension or termination of the assumption under this section. The Secretary's duty under this subsection shall not be construed to limit any responsibility assumed by a State or unit of general local government with respect to any particular release of funds.''; (2) in the first sentence of subsection (b), by striking ``participating jurisdiction'' and inserting ``jurisdiction, Indian tribe, or insular area''; (3) in subsection (c)(4)(B), by striking ``participating jurisdiction'' and inserting ``jurisdiction, Indian tribe, or insular area''; and (4) in subsection (d), by striking ``Assistance to a State.--In the case of assistance to States'' and inserting the following: ``Assistance to Units of General Local Government From a State.--In the case of assistance to units of general local government from a State''. SEC. 10. USE OF CDBG FUNDS FOR HOME PROGRAM EXPENSES. (a) Administrative Expenses.--Section 105(a)(13) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)(13)) is amended by inserting after ``charges related to'' the following: ``(A) administering the HOME program under title II of the Cranston-Gonzalez National Affordable Housing Act; and (B)''. (b) Project Delivery Costs.--Section 105(a)(21) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)(21)) is amended-- (1) by inserting ``in connection with tenant-based rental assistance and affordable housing projects assisted under title II of the Cranston-Gonzalez National Affordable Housing Act'' after ``housing counseling''; and (2) by striking ``authorized'' and all that follows through ``any law'' and inserting ``assisted under title II of the Cranston-Gonzalez National Affordable Housing Act''. SEC. 11. MATCHING REQUIREMENT UNDER HOPE III PROGRAM. Section 443(c)(1) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12893(c)(1)) is amended by striking ``33 percent'' and inserting ``25 percent''. SEC. 12. FLEXIBILITY OF CDBG PROGRAM FOR DISASTER AREAS. Title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) is amended by adding at the end the following new section: ``SEC. 122. SUSPENSION OF REQUIREMENTS FOR DISASTER AREAS. ``For the duration that the declaration of an area as a disaster area by the President under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act is in effect, the Secretary may suspend any or all requirements for assistance under section 106 for such area, except for the requirements related to public notice of funding availability, nondiscrimination, fair housing, labor standards, and environmental standards, and requirements that activities benefit persons of low- and moderate-income.''.

HOME Investment Partnerships Act Amendments of 1994 - Amends the Cranston - Gonzalez National Affordable Housing Act to provide for State agency participation in the HOME investment partnership program (program). Eliminates the program's first-time homebuyer requirement. Requires HOME investment trust funds and specified homeless assistance programs to comply with current housing affordability strategy. Revises program matching requirements. Eliminates the program's independent audit requirement and revises environmental review provisions. Amends the Housing and Community Development Act of 1974 to: (1) permit the use of community development block grant (CDBG) funds for program administrative costs; and (2) suspend certain CDBG requirements for disaster areas. Amends the Cranston-Gonzalez National Affordable Housing Act to reduce matching grant requirements under the HOPE for homeownership of single family homes program.

{"src": "billsum_train", "title": "HOME Investment Partnerships Act Amendments of 1994"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Regional Comprehensive Emergency Preparedness, Coordination, and Recovery Act of 2002''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds the following: (1) Responders to the terrorist attacks at the World Trade Center, the Pentagon, and the tragedy in Pennsylvania on September 11, 2001, from numerous jurisdictions assisted the fire and rescue workers responsible for responding within their jurisdictions. (2) Even in the largest municipality, first responders need the support of local elected officials and neighboring jurisdictions, as well as support from numerous regional, State, Federal, and private sector entities. (3) The sheer number of agencies taking part in any emergency response demands coordination, mutual support, and effective communication. Regional planning and coordination of response efforts are essential to ensure the least loss of life and damage to property. (4) Regional councils of governments, regional planning commissions, and development districts have the accountability and experience necessary to coordinate comprehensive regional plans that encompass the needs of the Federal, State, and local governments, the private sector, and all other parties with a stake in providing for the security of their communities. Regional councils of government can ensure the development of a coordinated emergency preparedness and recovery plan involving Federal, State, and local governments and the private sector. (5) Coordinated, area-wide training, equipment acquisition, and recovery planning is essential for effective regional preparedness and mitigation. (b) Purpose.--The purpose of this Act is to encourage and facilitate the development and implementation of regional emergency preparedness and coordination plans among Federal, State, and local governments and the private sector within the region and to facilitate preparedness and mitigation efforts. SEC. 3. DEFINITIONS. In this Act: (1) The term ``region'' means a designated multijurisdictional planning area or a sub-State district with boundaries established by State law or through mutual agreement of local governments. (2) The term ``regional council'' means a multipurpose association of governments in a planning region, including councils of governments, regional planning commissions, and area development districts. (3) The term ``local government'' means any city, county, or township within the United States. (4) The term ``State'' means any of the 50 States, the District of Columbia, or any territory of the United States. (5) The term ``stakeholder'' means Federal, State, local, private, and nonprofit entities, including, but not limited to-- (A) local elected officials; (B) local State emergency management agencies; (C) local fire and rescue personnel; (D) health professionals; (E) local school representatives; (F) college and university representatives; (G) the business community; (H) port and airport officials; (I) utilities; (J) State departments of transportation; and (K) other individuals and entities identified by the stakeholders. (6) The term ``regional plan'' means a regional emergency preparedness, response, mitigation, and recovery plan. SEC. 4. REQUIREMENT TO COORDINATE THE DEVELOPMENT OF REGIONAL EMERGENCY PREPAREDNESS, COORDINATION, AND RECOVERY PLANS. (a) In General.--The regional councils as defined in section 3(2) shall-- (1) convene all local governments, Federal, State, and private sector interests within a region to coordinate the development of emergency preparedness, response, mitigation, and recovery plans for the entire region; and (2) convene all stakeholders within the region. (b) Elements of the Regional Plan.--The emergency response plan required to be developed under subsection (a) shall include, at a minimum-- (1) an assessment of potential targets for destruction; (2) an assessment of available equipment and manpower to respond to a disaster; (3) an assessment of equipment needs; (4) establishment of a regional communication system among stakeholders; (5) establishment of a secure information repository that includes information needed, as necessary, to coordinate stakeholder responsibilities within the region; and (6) information on the following: (A) Response resources.-- (i) Locations, contacts, capabilities, and capacities of emergency medical facilities. (ii) Locations, contacts, and equipment listings for fire, police, and emergency medical technician services. (iii) Locations of, and 24-hour contacts for, appropriate medical facilities and personnel and other potential first responders. (iv) Locations and contacts for area stakeholders involved in the operation and maintenance of essential services within the region. (v) Locations and contacts for area key military personnel and facilities. (B) Support facilities.-- (i) Locations, capabilities, and capacities of existing shelters. (ii) Locations of, and available facilities at, schools, colleges, universities, churches, and other public buildings. (iii) Locations of major water and food supplies. (C) Infrastructure.-- (i) Locations of water treatment and storage facilities and distribution mains. (ii) Locations of utilities lines, pipelines, and generating facilities. (iii) Locations of sewer mains and treatment plants. (iv) Locations of voice, data, video, microwave, and satellite uplink communication facilities. (v) Locations of radio and television studios and transmission sites. (vi) Locations and capacities of shortwave radio facilities and volunteers. (vii) Locations of major bridges and dams. (viii) Locations of major educational facilities. (D) Transportation facilities.-- (i) Locations and capacities of major transportation facilities, lines, and terminals, including ports and airports. (ii) Locations and capacities of local and regional transportation routes. (E) At-risk populations.-- (i) Locations of large population concentrations and the times of those concentrations. (ii) Schedules of major public events and capacities of venues. (iii) Population statistics, including block level population data. (iv) School enrollment numbers. (v) Locations of elderly, infirm, and disabled persons who need special assistance. (F) Potential targets.-- (i) Locations of major concentrations of hazardous and biohazard chemicals. (ii) Locations of fuel depots and dispensing facilities which meet certain Environmental Protection Agency thresholds. (iii) Locations of major concentrations of munitions and explosives. (iv) Locations of other potential targets, such as nuclear power plants, in the region. (G) Debris disposal.-- (i) Identification of locations for debris disposal. (ii) Identification of potential health hazards to personnel involved in debris disposal. (c) Planning Activities.--Planning activities pursuant to this section shall include analyzing and documenting the possibility of a disaster and the potential consequences or impacts upon life, property, and the environment and planning for utilization of Geographic Information Systems, to assess hazards and evaluate the consequences of potential emergencies or disasters. (d) Approval of Regional Plan.--The plan shall be approved by the designated regional planning agency's governing body and Governor or Governors not later than the date that is 12 months after the designated agency has received an initial planning grant under this Act. (e) Update of Regional Plan.--The regional plan shall be reviewed annually and updated as needed, based on revised threat assessments, trainings, and drills. (f) Security of Mapping and Infrastructure Information Contained Within Regional Plan.--(1) For security purposes, the information contained in the regional plan required under subsection (b)(5) shall be available only to those public and private officials and agencies that have responsibility under such plan. (2) Computer and software technology shall be required for securing the key resources and critical infrastructure that may be outlined within the regional plan. (3) It shall be necessary to seek the appropriate measures to protect the key resources and critical infrastructure within each region in coordination with other agencies and representatives from within the region including Federal, State, and local government personnel, agencies and authorities, the private sector, and other entities. (4) It shall be necessary to continue to review and analyze and make recommendations for improvements in the policies and procedures governing the security of this information and sharing it with law enforcement, intelligence, emergency management, and other entities related to homeland security within the Federal Government and between such representatives within the region, including Federal, State, and local government personnel agencies, authorities, and the private sector. SEC. 5. FUNDING. (a) In General.--From the amounts appropriated to Federal or State agencies for emergency preparedness and homeland security, an amount of not less than three percent shall be allocated to the Department of Homeland Security, or other agency designated by Congress, for the preparation, review, and update of regional plans required by this Act. Such funds shall be allocated to designated regional councils for the purposes set forth in this Act. (b) Formula.--Allocations to regions shall be according to a formula that takes into account the population of a region, base amounts necessary to prepare a regional plan, vulnerability to catastrophic events, and the presence of facilities of State or national significance. (c) Consistency.--Funding from Federal agencies for local, regional, or State projects for emergency preparedness, response, recovery, or mitigation shall require consistency with regional plans.

Regional Comprehensive Emergency Preparedness, Coordination, and Recovery Act of 2002 - Directs regional councils to convene: (1) all local governments, Federal, State, and private sector interests within a region to coordinate the development of emergency preparedness, response, mitigation, and recovery plans for the entire region; and (2) all stakeholders (Federal, State, local, private, and nonprofit entities) within that region.Requires such a regional emergency response plan to include: (1) an assessment of potential targets for destruction, available equipment and manpower to respond, and equipment needs; (2) establishment of a regional communication system among stakeholders and a secure repository for information needed to coordinate stakeholder responsibilities; and (3) information on response resources, support facilities, infrastructure, transportation facilities, at-risk populations, potential targets, and debris disposal.Requires planning activities to include: (1) analyzing and documenting the possibility of a disaster and the potential consequences or impacts upon life, property, and the environment; and (2) planning for utilization of Geographic Information Systems to assess hazards and evaluate the consequences of potential emergencies or disasters.Requires plans to be approved by the designated regional planning agency's governing body and Governor(s), reviewed annually, and updated as needed based on revised threats assessments, training, and drills.Sets forth requirements for: (1) the security of mapping and infrastructure information contained within such plans; and (2) funding the preparation, review, and updating of regional plans.

{"src": "billsum_train", "title": "To enhance homeland security by encouraging the development of regional comprehensive emergency preparedness and coordination plans."}

SECTION 1. SHORT TITLE; ETC. (a) Short Title.--This Act may be cited as the ``America's Small Business Tax Relief Act of 2012''. (b) References.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; etc. Sec. 2. 100-Percent exclusion of gain on certain small business stock made permanent. Sec. 3. 5-Year carryback of general business credits of eligible small businesses made permanent. Sec. 4. Alternative minimum tax rules for general business credits of eligible small businesses made permanent. Sec. 5. Reduction in recognition period for built-in gains tax made permanent. Sec. 6. Increased expensing limitations and treatment of certain real property as section 179 property made permanent. Sec. 7. Special rule for long-term contract accounting made permanent. Sec. 8. Increase of amount allowed as a deduction for start-up expenditures made permanent. Sec. 9. Allowance of deduction for health insurance in computing self- employment taxes made permanent. SEC. 2. 100-PERCENT EXCLUSION OF GAIN ON CERTAIN SMALL BUSINESS STOCK MADE PERMANENT. (a) In General.--Paragraph (4) of section 1202(a) is amended-- (1) by striking ``after the date of the enactment of the Creating Small Business Jobs Act of 2010 and before January 1, 2012'' and inserting ``after September 27, 2010'', and (2) by striking ``during certain periods in 2010 and 2011'' and inserting ``after september 27, 2010'' in the heading thereof. (b) Effective Date.--The amendments made by this section shall apply to stock acquired after December 31, 2011. SEC. 3. 5-YEAR CARRYBACK OF GENERAL BUSINESS CREDITS OF ELIGIBLE SMALL BUSINESSES MADE PERMANENT. (a) In General.--Subparagraph (A) of section 39(a)(4) is amended by striking ``determined in the first taxable year of the taxpayer beginning in 2010''. (b) Effective Date.--The amendment made by this section shall apply to credits determined in taxable years beginning after December 31, 2011. SEC. 4. ALTERNATIVE MINIMUM TAX RULES FOR GENERAL BUSINESS CREDITS OF ELIGIBLE SMALL BUSINESSES MADE PERMANENT. (a) In General.--Paragraph (5) of section 38(c) is amended-- (1) by striking ``determined in taxable years beginning in 2010'' in subparagraph (A), and (2) by striking ``in 2010'' in the heading of such paragraph. (b) Effective Date.--The amendments made by this section shall apply to credits determined in taxable years beginning after December 31, 2011, and to carrybacks of such credits. SEC. 5. REDUCTION IN RECOGNITION PERIOD FOR BUILT-IN GAINS TAX MADE PERMANENT. (a) In General.--Subparagraph (A) of section 1374(d)(7) is amended by striking ``10-year period'' and inserting ``5-year period''. (b) Conforming Amendments.-- (1) Paragraph (7) of section 1374(d) is amended by striking subparagraph (B) and by redesignating subparagraph (C) as subparagraph (B). (2) Subparagraph (B) of section 1374(d), as redesignated by paragraph (1), is amended by striking ``section 953(e)--'' and all that follows and inserting ``section 953(e), subparagraph (A) shall be applied without regard to the phrase `5-year'.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 6. INCREASED EXPENSING LIMITATIONS AND TREATMENT OF CERTAIN REAL PROPERTY AS SECTION 179 PROPERTY MADE PERMANENT. (a) In General.--Subsection (b) of section 179 is amended-- (1) by striking ``shall not exceed--'' and all that follows in paragraph (1) and inserting ``shall not exceed $500,000.'', (2) by striking ``exceeds--'' and all that follows in paragraph (2) and inserting ``exceeds $2,000,000.'', and (3) by striking paragraph (6). (b) Computer Software.--Clause (ii) of section 179(d)(1)(A) is amended by striking ``and which is placed in service in a taxable year beginning after 2002 and before 2013,''. (c) Election.--Paragraph (2) of section 179(c) is amended to read as follows: ``(2) Revocation of election.--Any election made under this section, and any specification contained in any such election, may be revoked by the taxpayer with respect to any property, and such revocation, once made, shall be irrevocable.''. (d) Special Rules for Treatment of Qualified Real Property.-- Paragraph (1) of section 179(f) is amended by striking ``beginning in 2010 or 2011''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 7. SPECIAL RULE FOR LONG-TERM CONTRACT ACCOUNTING MADE PERMANENT. (a) In General.--Subparagraph (B) of section 460(c)(6) is amended by striking ``which--'' and all that follows and inserting ``which has a recovery period of 7 years or less.''. (b) Effective Date.--The amendment made by this section shall apply to property placed in service after December 31, 2011. SEC. 8. INCREASE OF AMOUNT ALLOWED AS A DEDUCTION FOR START-UP EXPENDITURES MADE PERMANENT. (a) In General.--Clause (ii) of section 195(b)(1)(A) is amended-- (1) by striking ``$5,000'' and inserting ``$10,000'', and (2) by striking ``$50,000'' and inserting ``$60,000''. (b) Conforming Amendment.--Subsection (b) of section 195 is amended by striking paragraph (3). (c) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2011. SEC. 9. ALLOWANCE OF DEDUCTION FOR HEALTH INSURANCE IN COMPUTING SELF- EMPLOYMENT TAXES MADE PERMANENT. (a) In General.--Paragraph (4) of section 162(l) is amended by striking ``, or after December 31, 2010''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2011.

America's Small Business Tax Relief Act of 2012 - Amends the Internal Revenue Code to make permanent: (1) the 100% exclusion from gross income of gain from the sale of certain small business stock, (2) carrybacks and alternative minimum tax rules relating to small business tax credits, (3) the reduction in the recognition period for the built-in gains from the sale of S corporation stock, (4) the increased limitation for the expensing of depreciable business assets, (5) the use of the percentage of completion accounting method for long-term contracts, (6) the increased tax deduction for business start-up expenditures, and (7) the allowance of a deduction for health insurance premiums in computing net earnings from self-employment income.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide tax relief for small businesses, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Citizens Protection Act of 1998''. SEC. 2. INTERPRETATION. It is the intent of this Act that the term ``employee'' shall be interpreted so as to include, but not be limited to, an attorney, investigator, special prosecutor, or other employee of the Department of Justice as well as an attorney, investigator, accountant, or a special prosecutor acting under the authority of the Department of Justice. TITLE I--ETHICAL STANDARDS FOR FEDERAL PROSECUTORS SEC. 101. ETHICAL STANDARDS FOR FEDERAL PROSECUTORS. (a) In General.--Chapter 31 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 530B. Ethical standards for attorneys for the Government ``(a) An attorney for the Government shall be subject to State laws and rules, and local Federal court rules, governing attorneys in each State where such attorney engages in that attorney's duties, to the same extent and in the same manner as other attorneys in that State. ``(b) The Attorney General shall make and amend rules of the Department of Justice to assure compliance with this section. ``(c) As used in this section, the term `attorney for the Government' includes any attorney described in section 77.2(a) of part 77 of title 28 of the Code of Federal Regulations.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``530B. Ethical standards for attorneys for the Government.''. TITLE II--PUNISHABLE CONDUCT SEC. 201. PUNISHABLE CONDUCT. (a) Violations.--The Attorney General shall establish, by plain rule, that it shall be punishable conduct for any Department of Justice employee to-- (1) in the absence of probable cause seek the indictment of any person; (2) fail promptly to release information that would exonerate a person under indictment; (3) intentionally mislead a court as to the guilt of any person; (4) intentionally or knowingly misstate evidence; (5) intentionally or knowingly alter evidence; (6) attempt to influence or color a witness' testimony; (7) act to frustrate or impede a defendant's right to discovery; (8) offer or provide sexual activities to any government witness or potential witness; (9) leak or otherwise improperly disseminate information to any person during an investigation; or (10) engage in conduct that discredits the Department. (b) Penalties.--The Attorney General shall establish penalties for engaging in conduct described in subsection (a) that shall include-- (1) probation; (2) demotion; (3) dismissal; (4) referral of ethical charges to the bar; (5) loss of pension or other retirement benefits; (6) suspension from employment; and (7) referral of the allegations, if appropriate, to a grand jury for possible criminal prosecution. SEC. 202. COMPLAINTS. (a) Written Statement.--A person who believes that an employee of the Department of Justice has engaged in conduct described in section 201(a) may submit a written statement, in such form as the Attorney General may require, describing the alleged conduct. (b) Preliminary Investigation.--Not later than 30 days after receipt of a written statement submitted under subsection (a), the Attorney General shall conduct a preliminary investigation and determine whether the allegations contained in such written statement warrant further investigation. (c) Investigation and Penalty.--If the Attorney General determines after conducting a preliminary investigation under subsection (a) that further investigation is warranted, the Attorney General shall within 90 days further investigate the allegations and, if the Attorney General determines that a preponderance of the evidence supports the allegations, impose an appropriate penalty. SEC. 203. MISCONDUCT REVIEW BOARD. (a) Establishment.--There is established as an independent establishment a board to be known as the ``Misconduct Review Board'' (hereinafter in this Act referred to as the ``Board''). (b) Membership.--The Board shall consist of-- (1) three voting members appointed by the President, one of whom the President shall designate as Chairperson; (2) two non-voting members appointed by the Speaker of the House of Representatives, one of whom shall be a Republican and one of whom shall be a Democrat; and (3) two non-voting members appointed by the Majority Leader of the Senate, one of whom shall be a Republican and one of whom shall be a Democrat. (c) Non-Voting Members Serve Advisory Role Only.--The non-voting members shall serve on the Board in an advisory capacity only and shall not take part in any decisions of the Board. (d) Submission of Written Statement to Board.--If the Attorney General makes no determination pursuant to section 202(b) or imposes no penalty under section 202(c), a person who submitted a written statement under section 202(a) may submit such written statement to the Board. (e) Review of Attorney General Determination.--The Board shall review all determinations made by the Attorney General under sections 202(b) or 202(c). (f) Board Investigation.--In reviewing a determination with respect to a written statement under subsection (e), or a written statement submitted under subsection (d), the Board may investigate the allegations made in the written statement as the Board considers appropriate. (g) 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. (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 made under paragraph (2) may be served in the judicial district in which the person required to be served resides or may be found. (h) Meetings.--The Board shall meet at the call of the Chairperson or a majority of its voting members. All meetings shall be open to the public. The Board is authorized to sit where the Board considers most convenient given the facts of a particular complaint, but shall give due consideration to conducting its activities in the judicial district where the complainant resides. (i) Decisions.--Decisions of the Board shall be made by majority vote of the voting members. (j) Authority To Impose Penalty.--After conducting such independent review and investigation as it deems appropriate, the Board by a majority vote of its voting members may impose a penalty, including dismissal, as provided in section 201(b) as it considers appropriate. (k) Compensation.-- (1) Prohibition of compensation of federal employees.-- Members of the Board who are full-time officers or employees of the United States, including Members of Congress, may not receive additional pay, allowances, or benefits by reason of their service on the Board. (2) 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. (l) Experts and Consultants.--The Board may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed $200 per day. (m) Staff of Federal Agencies.--Upon request of the Chairperson, 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 Board to assist it in carrying out its duties under this Act. (n) Obtaining Official Data.--The Board may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairperson of the Board, the head of that department or agency shall furnish that information to the Board. (o) Mails.--The Board may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (p) Administrative Support Services.--Upon the request of the Board, the Administrator of General Services shall provide to the Board, on a reimbursable basis, the administrative support services necessary for the Board to carry out its responsibilities under this Act. (q) Contract Authority.--The Board may contract with and compensate government and private agencies or persons for services, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). [( ) 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] [which the Commission is empowered to investigate by section ]. The attendance of witnesses and the production of evidence may be required from any place within [the United States] [a State] [a judicial district] at any designated place of hearing within the [United States] [that State] [that judicial district]. (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 made under paragraph (2) may be served in the judicial district in which the person required to be served resides or may be found.]

TABLE OF CONTENTS: Title I: Ethical Standards for Federal Prosecutors Title II: Punishable Conduct Citizens Protection Act of 1998 - Title I: Ethical Standards for Federal Prosecutors - Subjects a Government attorney to State laws and rules, and local Federal court rules, governing attorneys in each State where such attorney engages in duties to the same extent and in the same manner as other attorneys in that State. Directs the Attorney General to make and amend rules of the Department of Justice (DOJ) to assure compliance with this title. Title II: Punishable Conduct - Directs the Attorney General to: (1) establish by rule that it shall be punishable conduct for any DOJ employee to seek an indictment in the absence of probable cause, to fail promptly to release information that would exonerate a person under indictment, to intentionally or knowingly misstate or alter evidence, to attempt to influence or color a witness's testimony, to act to frustrate or impede a defendant's right to discovery, to offer or provide sexual activities to any government witness or potential witness, to leak or otherwise improperly disseminate information to any person during an investigation, or to engage in conduct that discredits DOJ; and (2) establish penalties for engaging in such conduct, including probation, demotion, dismissal, referral of ethical charges to the bar, loss of pension or other retirement benefits, suspension from employment, and referral of the allegations (if appropriate) to a grand jury for possible criminal prosecution. (Sec. 202) Sets forth procedures regarding written complaints of such conduct by a DOJ employee, investigation of such complaints by the Attorney General, and imposition of appropriate penalties. (Sec. 203) Establishes an independent Misconduct Review Board to review all determinations by the Attorney General with respect to such complaints and to investigate allegations made in statements that may be submitted to it with respect to complaints for which the Attorney General has made no determination or imposed no penalty. Authorizes the Board to impose penalties established above.

{"src": "billsum_train", "title": "Citizens Protection Act of 1998"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Achievements of the GI Bill Gold Medal Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The life of Harry W. Colmery of Topeka, Kansas, was marked by exemplary service to his country. (2) Harry Colmery served the United States with distinction during World War I as a first lieutenant and pilot instructor in the Army Air Corps. (3) Upon his return, Harry Colmery remained involved in issues important to the United States Armed Forces and veterans community through the American Legion, serving as the national commander of the American Legion from 1936 to 1937. (4) In 1943, the United States faced an unprecedented number of servicemen and women returning from World War II to civilian life, more than 15,000,000 soldiers, sailors, airmen, and Marines. (5) Harry Colmery, and others with the American Legion, helped spearhead efforts to ensure that government programs were in place to ensure that these members of the United States Armed Forces would face an easy transition back to civilian life. (6) During a December 1943 emergency meeting of American Legion leadership to address these concerns at the Mayflower Hotel in Washington, DC, Harry Colmery crafted the initial draft of the Servicemen's Readjustment Act of 1944, also known as the GI Bill of Rights. (7) This pioneering piece of legislation sought to help GIs buy homes, start businesses, and attend college or technical school upon their return from World War II. (8) Due to Harry Colmery's advocacy, President Franklin D. Roosevelt signed the GI Bill of Rights into law on June 22, 1944. (9) In the decade following World War II, more than 2,000,000 eligible men and women went to college using the GI Bill of Rights, and another 5,000,000 received other schooling or job training under the GI Bill. (10) From 1944 to 1952, the Veterans Administration backed nearly 2,400,000 home loans for World War II veterans due to the GI Bill of Rights. (11) The GI Bill of Rights has been heralded as one of the most significant pieces of legislation ever produced by the Federal Government, one that has impacted the United States socially, economically, and politically. SEC. 3. 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 Congress, of a single gold medal of appropriate design in honor of the recipients of assistance under the Servicemen's Readjustment Act of 1944 (commonly referred to as the ``GI Bill of Rights''), in recognition of the great contributions such recipients made to the Nation in both their military and civilian service and the contributions of Harry W. Colmery in initiating actions which led to the enactment of that Act. (b) Design and Striking.-- (1) In general.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. (2) Obverse and reverse.--The obverse of the gold medal shall bear the image of Harry W. Colmery and the reverse shall bear a design emblematic of the Servicemen's Readjustment Act of 1944 and the achievements of the recipients of assistance under such Act. (c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal in honor of the recipients of assistance under the Servicemen's Readjustment Act of 1944 under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it will be available for display as appropriate and made available for research. (2) Sense of the congress.--It is the sense of the Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display elsewhere, particularly at other appropriate locations selected by the Secretary of Veterans Affairs, the Secretary of Defense, or the Secretary of Education. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 2 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 5. STATUS OF MEDALS. (a) National Medals.--The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, Unites States Code, all medals struck under this Act shall be considered to be numismatic items. SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE. (a) Authority To Use Fund Amounts.--There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals stuck pursuant to this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals authorized under section 3 shall be deposited into the United States Mint Public Enterprise Fund.

Achievements of the GI Bill Gold Medal Act - Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the presentation of a single gold medal in honor of the recipients of assistance under the Servicemen's Readjustment Act of 1944 (commonly known as the GI Bill of Rights), in recognition of their great contributions in both their military and civilian life, and the contributions of Harry W. Colmery in initiating actions which led to the enactment of that Act. Requires the medal, following its award, to be given to the Smithsonian Institution for display. Expresses the sense of Congress that the medal should be made available for display elsewhere, particularly at appropriate locations selected by the Secretaries of Veterans Affairs (VA), Defense (DOD), or Education.

{"src": "billsum_train", "title": "To award a Congressional Gold Medal in honor of the recipients of assistance under the Servicemen's Readjustment Act of 1944 (commonly referred to as the \"GI Bill of Rights\") in recognition of the great contributions such recipients made to the Nation in both their military and civilian service and the contributions of Harry W. Colmery in initiating actions which led to the enactment of that Act, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy Foods for Healthy Living Act''. SEC. 2. DEPARTMENT OF AGRICULTURE GRANTS TO PROMOTE GREATER CONSUMPTION OF FRESH FRUITS, FRESH VEGETABLES, AND OTHER HEALTHY FOODS IN LOW-INCOME COMMUNITIES. (a) Grants Authorized.--The Secretary of Agriculture may make grants for the purposes specified in subsection (b) to any of the following: (1) A community-based organization operating in a low- income community. (2) A local redevelopment agency that is chartered, established, or otherwise sanctioned by a State or local government. (b) Use of Grant Amounts.--The recipient of a grant under this section shall use the grant amounts for one or more of the following activities: (1) To assist in purchasing appropriate equipment or in hiring and training personnel to expand the inventory of fresh fruits and vegetables or other healthy food alternatives, as defined by the Department of Agriculture, such as healthier dairy and non-dairy to whole milk alternatives, 100 percent pure fruit juices, and products with 0 grams of transfat, available for residents of a low-income community. (2) To carry out consumer education and outreach activities to encourage the purchase of products described in paragraph (1), such as by informing residents of a low-income communities about the health risks associated with high-calorie, low- exercise lifestyles and the benefits of healthy living. (c) Maximum Grant.--A grant under this section may not exceed $100,000. (d) Community-Based Organization Defined.--In this section, the term ``community-based organization'' includes schools, day-care centers, senior centers, community health centers, food banks, or emergency feeding organizations. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section $5,000,000 for fiscal year 2008. SEC. 3. COVERAGE OF ADDITIONAL PRIMARY CARE AND PREVENTIVE SERVICES UNDER THE MEDICARE AND MEDICAID PROGRAMS. (a) Medicare Program.-- (1) In general.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended-- (A) in subsection (s)(2), by adding at the end the following new subparagraph: ``(BB) additional primary and preventive services described in subsection (ccc);''; and (B) by adding at the end the following new subsection: ``Additional Primary and Preventive Services ``(ccc) The term `additional primary and preventive services' means such primary and preventive services that are not otherwise covered under this title as the Secretary shall specify when provided by qualified providers, as specified by the Secretary. Such term includes the following: ``(1) Services for the prevention and treatment of obesity and obesity-related disease. ``(2) Supervised exercise sessions. ``(3) Exercise stress testing for the purpose of exercise prescriptions. ``(4) Lifestyle health improvement education. ``(5) Culinary arts education for the purpose of promoting proper nutrition.''. (2) Conforming amendments.--(A) Section 1862(a)(1) of such Act (42 U.S.C. 1395y(a)(1)) is amended-- (i) by striking ``and'' at the end of subparagraph (M); (ii) by adding ``and'' at the end of subparagraph (N); and (iii) by adding at the end the following new subparagraph: ``(O) in the case of additional primary care and preventive services, which are performed more frequently than the Secretary may specify;''. (B) Section 1833(b)(5) of such Act (42 U.S.C. 1395l(b)(5)) is amended by inserting ``or additional primary care or preventive services (as defined in section 1861(ccc))'' after ``(jj))''. (b) Medicaid Program.--Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended-- (1) by striking ``and'' at the end of paragraph (27); (2) by redesignating paragraph (28) as paragraph (29); and (3) by inserting after paragraph (27) the following new paragraph: ``(28) additional primary care and preventive services (as defined in section 1861(ccc)) which are not otherwise covered under this subsection; and''. (c) Effective Date.--The amendments made by this section shall take effect on the first day of the first calendar quarter beginning after the date of the enactment of this Act, regardless of whether regulations to implement the amendments are in effect as of such date.

Healthy Foods for Healthy Living Act - Authorizes the Secretary of Agriculture to make grants to community-based organizations and local redevelopment agencies operating in low-income communities to: (1) assist in purchasing appropriate equipment or in hiring and training personnel to expand the inventory of fresh fruits and vegetables or other healthy food alternatives available for residents of a low-income community; and (2) carry out related consumer education and outreach activities. Amends title XVIII (Medicare) and title XIX (Medicaid) of the Social Security Act to cover additional primary and preventive services relating to obesity treatment and prevention, supervised exercise sessions, stress testing, lifestyle modification education, and nutrition education.

{"src": "billsum_train", "title": "To authorize the Secretary of Agriculture to make grants to community-based organizations and local redevelopment agencies operating in low-income communities to promote increased access to and consumption of fresh fruits, fresh vegetables, and other healthy foods among residents of such communities, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness for Legal Immigrants Act of 1999''. SEC. 2. OPTIONAL ELIGIBILITY OF CERTAIN ALIEN PREGNANT WOMEN AND CHILDREN FOR MEDICAID. (a) In General.--Subtitle A of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611-1614) is amended by adding at the end the following: ``SEC. 405. OPTIONAL ELIGIBILITY OF CERTAIN ALIENS FOR MEDICAID. ``(a) Optional Medicaid Eligibility for Certain Aliens.--A State may elect to waive (through an amendment to its State plan under title XIX of the Social Security Act) the application of sections 401(a), 402(b), 403, and 421 with respect to eligibility for medical assistance under the program defined in section 402(b)(3)(C) (relating to the Medicaid Program) of aliens who are lawfully residing in the United States (including battered aliens described in section 431(c)), within any or all (or any combination) of the following categories of individuals: ``(1) Pregnant women.--Women during pregnancy (and during the 60-day period beginning on the last day of the pregnancy). ``(2) Children.--Children (as defined under such plan), including optional targeted low-income children described in section 1905(u)(2)(B).''. (b) Applicability of Affidavits of Support.--Section 213A(a) of the Immigration and Nationality Act (8 U.S.C. 1183a(a)) is amended by adding at the end the following: ``(4) Inapplicability to benefits provided under a state waiver.--For purposes of this section, the term `means-tested public benefits' does not include benefits provided pursuant to a State election and waiver described in section 405 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.''. (c) Conforming Amendments.-- (1) Section 401(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611(a)) is amended by inserting ``and section 405'' after ``subsection (b)''. (2) Section 402(b)(1) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(b)(1)) is amended by inserting ``, section 405,'' after ``403''. (3) Section 403(a) of such Act (8 U.S.C. 1613(a)) is amended by inserting ``section 405 and'' after ``provided in''. (4) Section 421(a) of such Act (8 U.S.C. 1631(a)) is amended by inserting ``except as provided in section 405,'' after ``Notwithstanding any other provision of law,''. (5) Section 1903(v)(1) of the Social Security Act (42 U.S.C. 1396b(v)(1)) is amended by inserting ``and except as permitted under a waiver described in section 405(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996,'' after ``paragraph (2),''. (d) Retroactivity of Effective Date.--The amendments made by this section shall take effect as if included in the enactment of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611 et seq.), except that the amendment made by subsection (b) shall apply as if included in the enactment of section 551(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208). SEC. 3. OPTIONAL ELIGIBILITY OF IMMIGRANT CHILDREN FOR SCHIP. (a) In General.--Section 405 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as added by section 2(a), is amended-- (1) in the heading, by inserting ``and schip'' before the period; and (2) by adding at the end the following new subsection: ``(b) Optional SCHIP Eligibility for Certain Aliens.-- ``(1) In general.--Subject to paragraph (2), a State may also elect to waive the application of sections 401(a), 402(b), 403, and 421 with respect to eligibility of children for child health assistance under the State child health plan of the State under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.), but only with respect to children who are lawfully residing in the United States (including children who are battered aliens described in section 431(c)). ``(2) Requirement for election.--A waiver under this subsection may only be in effect for a period in which the State has in effect an election under subsection (a) with respect to the category of individuals described in subsection (a)(2) (relating to children).''. (b) Effective Date.--The amendment made by subsection (a) applies to child health assistance for coverage provided for periods beginning on or after October 1, 1997. SEC. 4. OPTIONAL ELIGIBILITY OF CERTAIN MEDICALLY NEEDY ALIENS FOR MEDICAID. (a) Optional Eligibility of Certain Aliens Who Are Blind or Disabled Medically Needy Admitted After August 22, 1996.-- (1) In general.--Section 405(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as added by section 2(a), is amended by adding at the end the following: ``(3) Certain blind or disabled medically needy.-- Individuals who are considered blind or disabled under section 1614(a) of the Social Security Act (42 U.S.C. 1382c(a)) and who, but for sections 401(a), 402(b) and 403 (except as waived under this subsection), would be eligible for medical assistance under clause (ii)(IV) of section 1902(a)(10)(A) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)), or would be eligible for such assistance under any other clause of that section of that Act because the individual, if enrolled in the program under title XVI of the Social Security Act, would receive supplemental security income benefits or a State supplementary payment under that title.''. (2) Retroactivity of effective date.--The amendment made by paragraph (1) shall take effect as if included in the enactment of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611 et seq.). (b) Optional Eligibility of Medically Needy Aliens Requiring a Certain Level of Care.-- (1) In general.--Section 405 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as added by section 2(a) and as amended by section 3(a) and subsection (a), is further amended by adding at the end the following new subsection: ``(c) Optional Eligibility for Medically Needy Aliens Requiring a Certain Level of Care.--A State may also elect to waive the application of sections 401(a), 402(b), and 421 with respect to eligibility for medical assistance under the program defined in section 402(b)(3)(C) (relating to the Medicaid Program) of aliens who-- ``(1) were lawfully residing in the United States on August 22, 1996; and ``(2) are residents of a nursing facility (as defined in section 1919(a) of the Social Security Act (42 U.S.C. 1396r(a)), or require the level of care provided in a such a facility or in an intermediate care facility, the cost of which could be reimbursed under the State plan under title XIX of that Act.''. (2) Effective date.--The amendment made by paragraph (1) shall take effect as if included in the enactment of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611 et seq.). SEC. 5. ELIGIBILITY OF CERTAIN ALIENS FOR SSI. (a) Aged Aliens Lawfully Residing in the United States on August 22, 1996.--Section 402(a)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)) is amended by adding at the end the following: ``(L) SSI exception for aged aliens lawfully residing in the united states on august 22, 1996.--With respect to eligibility for the program defined in paragraph (3)(A), paragraph (1) shall not apply to any individual who was lawfully residing in the United States on August 22, 1996, and has attained age 65.''. (b) Blind or Disabled Qualified Aliens Who Entered the United States After August 22, 1996.-- (1) In general.--Section 402(a)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)), as amended by subsection (a), is amended by adding at the end the following: ``(M) SSI exception for blind or disabled qualified aliens who entered the united states after august 22, 1996.--With respect to eligibility for the program defined in paragraph (3)(A), paragraph (1) and section 421 shall not apply to any individual who entered the United States on or after August 22, 1996 with a status within the meaning of the term `qualified alien', and became blind or disabled (within the meaning of section 1614(a) of the Social Security Act (42 U.S.C. 1382c(a))) after the date of such entry.''. (2) Exception from 5-year ban.--Section 403(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(b)) is amended by adding at the end the following: ``(3) Certain blind or disabled aliens.--An alien described in section 402(a)(2)(M), but only with respect to the programs specified in subsections (a)(3)(A) and (b)(3)(C) of section 402 (and, with respect to such programs, section 421 shall not apply to such an alien).''. (3) Conforming amendment.--Section 421(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1631(a)), as amended by section 2(c)(4), is amended by inserting ``, section 402(a)(2)(M), and section 403(b)(3)'' after section ``405''. (4) Enforcement of affidavits of support.--For provisions relating to the enforcement of affidavits of support in cases of individuals made eligible for benefits under the amendment made by paragraph (1), see section 213A of the Immigration and Nationality Act (8 U.S.C. 1183a). (c) Effective Date.--The amendments made by subsections (a) and (b) are effective with respect to benefits payable for months after the month in which this Act is enacted, but only on the basis of applications filed on or after the date of enactment of this Act. SEC. 6. ELIGIBILITY OF LEGAL IMMIGRANTS FOR FOOD STAMPS. (a) In General.--Section 402(a)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)), as amended by section 5(b)(1), is amended by adding at the end the following: ``(N) Food stamp exception for aliens lawfully residing in the united states on august 22, 1996.--With respect to eligibility for benefits for the specified Federal program described in paragraph (3)(B), paragraph (1) shall not apply to an individual who was lawfully residing in the United States on August 22, 1996.''. (b) Effective Date.--The amendment made by subsection (a) applies to benefits under the food stamp program, as defined in section 3(h) of the Food Stamp Act of 1977 (7 U.S.C. 2012(h)) for months beginning at least 30 days after the date of enactment of this Act. SEC. 7. ELIGIBILITY OF LEGAL IMMIGRANTS SUFFERING FROM DOMESTIC ABUSE. (a) Exemption From SSI and Food Stamps Ban.--Section 402(a)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)), as amended by section 6(a), is amended by adding at the end the following: ``(O) Battered immigrants.--With respect to eligibility for benefits for a specified Federal program (as defined in paragraph (3)), paragraph (1) shall not apply to any individual described in section 431(c).''. (b) Exemption From 5-Year Ban.--Section 403(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(b)), as amended by section 5(b)(2), is amended by adding at the end the following: ``(4) Battered immigrants.--An alien described in section 431(c).''. (c) Expansion of Definition of Battered Immigrants.-- (1) In general.--Section 431(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)) is amended-- (A) in paragraphs (1)(A), (2)(A), and (3)(A) by inserting `` or the benefits to be provided would alleviate the harm from such battery or cruelty or would enable the alien to avoid such battery or cruelty in the future'' before the semicolon; and (B) in the matter following paragraph (3), by inserting `` and for determining whether the benefits to be provided under a specific Federal, State, or local program would alleviate the harm from such battery or extreme cruelty or would enable the alien to avoid such battery or extreme cruelty in the future'' before the period. (2) Conforming amendment regarding sponsor deeming.-- Section 421(f)(1) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1631(f)(1)) is amended-- (A) in subparagraph (A), by inserting ``or would alleviate the harm from such battery or cruelty, or would enable the alien to avoid such battery or cruelty in the future'' before the semicolon; and (B) in subparagraph (B), by inserting ``or would alleviate the harm from such battery or cruelty, or would enable the alien to avoid such battery or cruelty in the future'' before the period. (d) Conforming Definition of ``Family'' Used in Laws Granting Federal Public Benefit Access for Battered Immigrants to State Family Law.--Section 431(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)) is amended-- (1) in paragraph (1)(A), by striking ``by a spouse or a parent, or by a member of the spouse or parent's family residing in the same household as the alien and the spouse or parent consented to, or acquiesced in, such battery or cruelty,'' and inserting ``by a spouse, parent, son, or daughter, or by any individual having a relationship with the alien covered by the civil or criminal domestic violence statutes of the State or Indian country where the alien resides, or the State or Indian country in which the alien, the alien's child, or the alien child's parents received a protection order, or by any individual against whom the alien could obtain a protection order,''; and (2) in paragraph (2)(A), by striking ``by a spouse or parent of the alien (without the active participation of the alien in the battery or cruelty), or by a member of the spouse or parent's family residing in the same household as the alien and the spouse or parent consented or acquiesced to such battery or cruelty,'' and inserting ``by a spouse, parent, son, or daughter of the alien (without the active participation of alien in the battery or cruelty) or by any individual having a relationship with the alien covered by the civil or criminal domestic violence statutes of the State or Indian county where the alien resides, or the State or Indian country in which the alien, the alien's child, or the alien child's parent received a protection order, or by any individual against whom the alien could obtain a protection order,''. (e) Effective Date.--The amendments made by this section apply to Federal means-tested public benefits provided on or after the date of enactment of this Act.

Provides States with the option of extending Medicaid-eligibility to certain lawful resident alien pregnant women and children, as well as the option of extending CHIP-eligibility (SSA title XXI (Children's Health Insurance (CHIP)) to such children. Provides States with the option of extending Medicaid-eligibility to certain blind or disabled or other specified medically needy aliens, such as those who are residents of a nursing facility. Mandates SSI eligibility for certain lawful resident aliens who are aged, blind, or disabled. Exempts certain blind or disabled aliens from the five-year general limitation on the eligibility for qualified aliens for Federal means-tested public benefits that was imposed by such Act. Mandates food stamp program eligibility under the Food Stamp Act of 1977 for certain aliens lawfully residing in the United State on August 22, 1996, who would otherwise be subject to the same five-year general limitation. Exempts certain battered aliens (which under such Act are treated as lawful resident aliens) from disqualification (thereby making them SSI- and food stamp program-eligible). Amends the Immigration and Nationality Act to provide for waiver of affidavit of support requirements for benefits provided through such State elections to extend such optional Medicaid and other described optional public program eligibility to certain lawful resident aliens.

{"src": "billsum_train", "title": "Fairness for Legal Immigrants Act of 1999"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Weather Service Modernization Performance Review Act of 1994''. SEC. 2. FINDINGS. Congress finds that-- (1) the safety and welfare of the public depends on the provision of accurate and timely weather information; (2) in general, the National Implementation Plan for modernization of the National Weather Service required under the Weather Service Modernization Act provides a cost effective approach to initiation of weather service modernization; (3) some geographic areas, including northern Alabama, north central, northeastern, and southwestern Indiana, southeastern Tennessee, southeastern Illinois, northern California, southwestern and northeastern Texas, central Oregon, central Idaho, central Nevada, northwestern Ohio, northern Louisiana, northeastern Iowa, north-central Florida, and northeastern Arizona, may not realize the full benefits of weather service implementation under the plan; and (4) there is a need to ensure, by means of an independent, technical review, that the implementation of the weather service modernization plan at specific sites fully meets the intent of law and does not result in a degradation of existing service, including no reduction in existing weather radar coverage at an elevation of 10,000 feet. SEC. 3. RESPONSIBILITIES OF THE SECRETARY. (a) The Secretary of Commerce (in this Act referred to as the ``Secretary'') shall provide for the public safety by ensuring that the implementation of the National Implementation Plan for the modernization of the National Weather Service required under the Weather Service Modernization Act (in this Act referred to as the ``National Implementation Plan'') does not result in a degradation of service in any specific geographic area, which shall include maintaining radar coverage with no degradation of service for areas served by the National Weather Service system, and also shall provide for radar coverage in some areas which might not otherwise be adequate with respect to specific unique weather phenomena which pose a substantial threat to public safety. (b) Within 60 days after the date of enactment of this Act, and biennially thereafter until 2 years have passed after the implementation of the National Implementation Plan is completed, the Secretary shall publish a notice in the Federal Register soliciting public comment for a period of 60 days on specific geographic areas where there is uncertainty whether such implementation will result in or has resulted in any degradation in service. (c) Within 180 days after the date of enactment of this Act, and within 60 days after the end of each biennial comment period under subsection (b), the Secretary shall enter into an agreement for an independent review, to be completed within 180 days, by the National Research Council of the National Academy of Sciences. Such review shall, for each geographical area identified through a public comment period under subsection (b)-- (1) evaluate any unique or extraordinary weather conditions in the area; (2) consider the proposed NEXRAD radar coverage for the area, particularly to determine if the area is or will be in an area of weak radar coverage; (3) consider the effects of closing any local Weather Service office on local weather service and interaction with local emergency management agencies; and (4) consider the effects of transferring local warning responsibility to a remote Weather Forecast Office, including the effect on issuing weather warnings by that remote office and communicating with emergency management personnel with regard to weather emergencies. (d) The National Research Council shall submit recommendations, including any dissenting views, to the Secretary regarding the need to supplement the National Implementation Plan, revise any specific siting plans, establish radar coverage at altitudes less than 10,000 feet, or improve radar coverage service. (e) Within 60 days after receiving recommendations from the National Research Council under subsection (d), the Secretary shall transmit to the Congress a report containing-- (1) the recommendations of the National Research Council; and (2) the actions the Secretary proposes to take in response to those recommendations. (f) For any area identified through a public comment period under subsection (b), the Secretary shall take no action which may result in a reduction of public safety, including the closure of weather service offices, transfer of responsibilities or duties of those offices, decommissioning of any warning radar, or transfer or reduction in personnel in those offices, until such time as the independent review under subsection (c) is completed and a report with respect to such review is transmitted to the Congress under subsection (e). (g) In carrying out this Act, the Secretary shall consult with the Secretary of Defense and with the Secretary of Transportation with respect to coverage of those Department of Defense radars and Department of Transportation radars, respectively, which supplement the civil system.

Weather Service Modernization Performance Review Act of 1994 - Directs the Secretary of Commerce to: (1) ensure that the implementation of the National Implementation Plan (Plan) for modernization of the National Weather Service does not result in service degradation in any specific geographic area; and (2) provide for an independent review of the Plan by the National Research Council of the National Academy of Sciences.

{"src": "billsum_train", "title": "Weather Service Modernization Performance Review Act of 1994"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission to Study the Potential Creation of a National Women's History Museum Act of 2012''. SEC. 2. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Commission to Study the Potential Creation of a National Women's History Museum established by section 3(a). (2) Museum.--The term ``Museum'' means the National Women's History Museum. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) In General.--There is established the Commission to Study the Potential Creation of a National Women's History Museum. (b) Membership.--The Commission shall be composed of 8 members, of whom-- (1) 2 members shall be appointed by the majority leader of the Senate; (2) 2 members shall be appointed by the Speaker of the House of Representatives; (3) 2 members shall be appointed by the minority leader of the Senate; and (4) 2 members shall be appointed by the minority leader of the House of Representatives. (c) Qualifications.--Members of the Commission shall be appointed to the Commission from among individuals, or representatives of institutions or entities, who possess-- (1)(A) a demonstrated commitment to the research, study, or promotion of women's history, art, political or economic status, or culture; and (B)(i) expertise in museum administration; (ii) expertise in fundraising for nonprofit or cultural institutions; (iii) experience in the study and teaching of women's history at the post-secondary level; (iv) experience in studying the issue of the representation of women in art, life, history, and culture at the Smithsonian Institution; or (v) extensive experience in public or elected service; (2) experience in the administration of, or the planning for, the establishment of, museums; or (3) experience in the planning, design, or construction of museum facilities. (d) Prohibition.--No employee of the Federal Government may serve as a member of the Commission. (e) Deadline for Initial Appointment.--The initial members of the Commission shall be appointed not later than the date that is 90 days after the date of enactment of this Act. (f) Vacancies.--A vacancy in the Commission-- (1) shall not affect the powers of the Commission; and (2) shall be filled in the same manner as the original appointment was made. (g) Chairperson.--The Commission shall, by majority vote of all of the members, select 1 member of the Commission to serve as the Chairperson of the Commission. SEC. 4. DUTIES OF THE COMMISSION. (a) Reports.-- (1) Plan of action.--The Commission shall submit to the President and Congress a report containing the recommendations of the Commission with respect to a plan of action for the establishment and maintenance of a National Women's History Museum in Washington, DC. (2) Report on issues.--The Commission shall submit to the President and Congress a report that addresses the following issues: (A) The availability and cost of collections to be acquired and housed in the Museum. (B) The impact of the Museum on regional women history-related museums. (C) Potential locations for the Museum in Washington, DC, and its environs (including the location located on public land bounded by Independence Avenue SW., 14th Street SW., 15th Street SW., and Jefferson Drive SW., in Washington, DC, that is established subject to chapter 89 of title 40, United States Code (commonly known as the ``Commemorative Works Act'')). (D) Whether the Museum should be part of the Smithsonian Institution. (E) The governance and organizational structure from which the Museum should operate. (F) Best practices for engaging women in the development and design of the Museum. (G) The cost of constructing, operating, and maintaining the Museum. (3) Deadline.--The reports required under paragraphs (1) and (2) shall be submitted not later than the date that is 18 months after the date of the first meeting of the Commission. (b) Fundraising Plan.-- (1) In general.--The Commission shall develop a fundraising plan to support the establishment and maintenance of the Museum through contributions from the public. (2) Considerations.--In developing the fundraising plan under paragraph (1), the Commission shall consider-- (A) the role of the National Women's History Museum (a nonprofit, educational organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that was incorporated in 1996 in Washington, DC and dedicated for the purpose of establishing a women's history museum) in raising funds for the construction of the Museum; and (B) issues relating to funding the operations and maintenance of the Museum in perpetuity. (c) Legislation To Carry Out Plan of Action.--Based on the recommendations contained in the report submitted under paragraphs (1) and (2) of subsection (a), the Commission shall submit for consideration to the Committees on Transportation and Infrastructure, House Administration, Natural Resources, and Appropriations of the House of Representatives and the Committees on Rules and Administration, Energy and Natural Resources, and Appropriations of the Senate recommendations for a legislative plan of action to establish and construct the Museum. (d) National Conference.--Not later than 18 months after the date on which the initial members of the Commission are appointed under section 3, the Commission may, in carrying out the duties of the Commission under this section, convene a national conference relating to the Museum, to be comprised of individuals committed to the advancement of the life, art, history, and culture of women. SEC. 5. DIRECTOR AND STAFF OF COMMISSION. (a) Director and Staff.-- (1) In general.--The Commission may employ and compensate an executive director and any other additional personnel that are necessary to enable the Commission to perform the duties of the Commission. (2) Rates of pay.--Rates of pay for persons employed under paragraph (1) shall be consistent with the rates of pay allowed for employees of a temporary organization under section 3161 of title 5, United States Code. (b) Not Federal Employment.--Any individual employed under this Act shall not be considered a Federal employee for the purpose of any law governing Federal employment. (c) Technical Assistance.-- (1) In general.--Subject to paragraph (2), on request of the Commission, the head of a Federal agency may provide technical assistance to the Commission. (2) Prohibition.--No Federal employees may be detailed to the Commission. SEC. 6. ADMINISTRATIVE PROVISIONS. (a) Compensation.-- (1) In general.--A member of the Commission-- (A) shall not be considered to be a Federal employee for any purpose by reason of service on the Commission; and (B) shall serve without pay. (2) Travel expenses.--A member of the Commission shall be allowed a per diem allowance for travel expenses, at rates consistent with those authorized under subchapter I of chapter 57 of title 5, United States Code. (b) Gifts, Bequests, Devises.--The Commission may solicit, accept, use, and dispose of gifts, bequests, or devises of money, services, or real or personal property for the purpose of aiding or facilitating the work of the Commission. (c) Federal Advisory Committee Act.--The Commission shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). SEC. 7. TERMINATION. The Commission shall terminate on the date that is 30 days after the date on which the final versions of the reports required under section 4(a) are submitted. SEC. 8. FUNDING. (a) In General.--The Commission shall be solely responsible for acceptance of contributions for, and payment of the expenses of, the Commission. (b) Prohibition.--No Federal funds may be obligated to carry out this Act.

Commission to Study the Potential Creation of a National Women's History Museum Act of 2012 - Establishes the Commission to Study the Potential Creation of a National Women's History Museum to submit to the President and Congress a report containing recommendations with respect to a plan of action for the establishment and maintenance of a National Women's History Museum in Washington, D.C. Requires the Commission to be composed of eight members. Directs the Senate Majority Leader, Speaker of the House of Representatives, Senate Minority Leader, and House Minority Leader to each appoint two Commission members. Directs the Commission to: (1) report on issues including potential locations for the Museum and whether it should be part of the Smithsonian Institution, and (2) develop a fundraising plan to support the establishment and maintenance of the Museum through contributions from the public. Authorizes the Commission to employ and compensate an executive director and other necessary personnel. Terminates the Commission within a specified period after it has submitted its final reports pursuant to this Act. Prohibits federal funds from being obligated to carry out this Act.

{"src": "billsum_train", "title": "To establish the Commission to Study the Potential Creation of a National Women's History Museum, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Quality Data, Quality Healthcare Act of 2013''. SEC. 2. EXPANDING THE AVAILABILITY OF MEDICARE DATA. (a) Expanding Use of Medicare Data by Qualified Entities.--Section 1874(e) of the Social Security Act (42 U.S.C. 1395kk(e)) is amended-- (1) in paragraph (3), in the first sentence, by inserting ``or, such claims data in sufficient detail to identify cost and utilization, as appropriate'' before the period at the end; and (2) by adding at the end the following new paragraph: ``(5) Expanding use of medicare data by qualified entities.-- ``(A) In general.--Beginning January 1, 2014, notwithstanding paragraph (4)(B) and the second sentence of paragraph (4)(D), a qualified entity may-- ``(i) use data received by such entity under this section, and information derived from the evaluation described in paragraph (4)(D), for additional non-public analyses (as determined appropriate by the Secretary); or ``(ii) subject to subparagraph (C), provide or sell such data and analyses to entities described in subparagraph (B) for non-public use (including for the purposes of assisting providers of services and suppliers to develop and participate in quality and patient care improvement activities, including developing new models of care). ``(B) Entities described.--The entities described in this subparagraph are the following: ``(i) A health care provider. ``(ii) A health insurance issuer (as defined in section 2791 of the Public Health Service Act). ``(iii) An employer (as defined in section 3(5) of the Employee Retirement Insurance Security Act of 1974). ``(iv) Any organization affiliated with or representing an entity described in clause (i), (ii), or (iii), such as a medical society. ``(v) A public health authority (as defined for purposes of the Health Insurance Portability and Accountability Act of 1996). ``(vi) A State or local government agency. ``(vii) A research organization that certifies that it will only use the data or analyses for the public good and not for proprietary purposes. ``(viii) Any other entity the Secretary determines appropriate to further the goals of this paragraph. ``(C) Requirements.-- ``(i) Data use agreement.--A qualified entity may only provide data or analysis to an entity under subparagraph (A)(ii) pursuant to a data use agreement with the entity. Under such agreement, the entity-- ``(I) may not re-sell such data or analyses; and ``(II) shall comply with the privacy and security policies of the qualified entity in using such data or analyses. ``(ii) Civil money penalty.-- ``(I) In general.--If the Secretary determines that an entity described in subparagraph (B) knowingly used such data and analyses for purposes other than as authorized under this paragraph, the entity shall be subject to a civil money penalty in an amount determined by the Secretary for each such violation. ``(II) Procedures.--The provisions of section 1128A (other than subsections (a) and (b) of such section) shall apply to a civil money penalty under subclause (I) in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a).''. (b) Access to Medicare Data to Qualified Clinical Data Registries To Facilitate Quality Improvement.--Section 1848(m)(3)(E) of the Social Security Act (42 U.S.C. 1395w-4(m)(3)(E)) is amended by adding at the end the following new clause: ``(vi) Access to medicare data to facilitate quality improvement.-- ``(I) In general.--Consistent with applicable laws and regulations with respect to privacy and other relevant matters, beginning January 1, 2014, the Secretary shall, subject to subclause (II), provide claims data under this title (in a form and manner determined to be appropriate) to qualified clinical data registries under this subparagraph for purposes of linking such data with clinical outcomes data and preforming and disseminating risk- adjusted, scientifically valid research to support quality improvement. ``(II) Limitation.--A qualified clinical data registry may not publicly report any data made available under subclause (I) that individually identifies a provider of services or supplier unless the registry obtains the consent of the provider of services or supplier prior to such reporting.''.

Quality Data, Quality Healthcare Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act (SSA) with respect to the use of certain data by qualified public or private entities to evaluate the performance of service providers and suppliers under Medicare insurance programs. Authorizes a qualified entity to: (1) use Medicare data, and information derived from service provider and supplier performance evaluations, for additional non-public analyses; or (2) provide or sell such data and analyses to specified health care-related entities for non-public use (including for purposes of assisting service providers and suppliers to develop and participate in quality and patient care improvement activities, particularly development of new models of care). Conditions such authorization upon a data use agreement between a qualified entity and a specified health care-related entity under which the latter: (1) may not re-sell such data or analyses; and (2) shall comply with the qualified entity's privacy and security policies in using such data or analyses. Prescribes a civil money penalty for unauthorized use of data and analyses. Requires the Secretary of Health and Human Services (HHS) to provide Medicare claims data to qualified clinical data registries for purposes of linking it with clinical outcomes data and performing and disseminating risk-adjusted, scientifically valid research to support quality improvement. Prohibits a qualified clinical data registry from reporting publicly any claims data thus made available that individually identifies a service provider or supplier without prior consent.

{"src": "billsum_train", "title": "Quality Data, Quality Healthcare Act of 2013"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Natural Resources Institute Act of 1998''. SEC. 2. DEFINITIONS. As used in this Act: (1) Environmental sciences.--The term ``environmental sciences'' means the full range of fields of study (including biological, physical, chemical, geological, and social sciences, engineering, and humanities) relevant to the understanding of environmental problems. (2) Intermountain west.--The term ``Intermountain West'' means Montana, Idaho, Wyoming, Utah, and the far eastern areas of Oregon and Washington. SEC. 3. FINDINGS. The Congress finds the following: (1) In order to maintain quality of life, economic growth should be balanced with environmental protection and incorporate collaborative scientific inquiry, technology development, and public policy. (2) The environmental science data and knowledge fail to adequately support long-term policy leading to questions of science quality, credibility, and utility, resulting in an atmosphere of adversarial science. (3) Individuals affected by decisions regarding natural resources are not effectively involved in determining the needs, setting the agenda, and participating in environmental research and development. (4) Coordinated environmental research and development of Federal and State agencies is necessary to support effective policy and environmental and economic sustainability. (5) Decisions regarding the management of natural resources can significantly impact a region's economy and its residents' quality of life. (6) The Idaho National Engineering and Environmental Laboratory is the only multiprogrammatic federally funded research and development laboratory in the Intermountain West region of the United States, a region which will be greatly impacted by future natural resource decisions. (7) The creation of a Natural Resources Institute that focuses the scientific strengths of government, universities, and industry in collaboration with a wide variety of individuals affected by decisions regarding natural resources will expedite sustainable environmental and natural resource decisionmaking, which will result in the creation and retention of jobs and savings to taxpayers. SEC. 4. PURPOSE. The purpose of this Act is to create a Natural Resources Institute to-- (1) coordinate research and develop appropriate and systematic approaches to managing natural resources and the specific tools and mechanisms necessary to implement these approaches; (2) support public policy development by facilitating the creation of public-private partnerships necessary to implement systematic approaches to natural resource use and management; (3) provide education and training regarding natural resources for a wide variety of users, including the public, local and regional government, and industry, by developing training programs and educational curricula using modern information systems such as the Internet and video teleconferencing; (4) facilitate the creation of commercial enterprises by involving local economic development agencies, technology incubators, research institutes, and the private sector to apply derived use science and technology; and (5) transfer information and analyses regarding natural resources to persons and organizations to allow informed decisionmaking and eliminate duplication of environmental studies. SEC. 5. ESTABLISHMENT OF NATURAL RESOURCES INSTITUTE. There is hereby established a Natural Resources Institute (in this Act referred to as the ``Institute''), the purpose of which shall be to provide a neutral forum to develop scientific solutions that improve the economic and environmental viability of the Intermountain West region of the United States. The Institute shall be located at the Idaho National Engineering and Environmental Laboratory. SEC. 6. DUTIES AND FUNCTIONS. The duties and functions of the Institute shall be as follows: (1) To initiate and perform multidisciplinary, solution- oriented, focused, and needs-driven research regarding natural resources, including-- (A) coordination of research activities to minimize duplication of effort and maximize scientific advancement; (B) maintenance of meaningful public involvement in the development and implementation of research activities; (C) performance of research by accessing high- quality scientific talent through private partners of the Institute; and (D) performance of research and development on understanding and predicting regional ecosystem dynamics, developing methodologies and tools for environmental stewardship, and developing and understanding the science associated with the natural resource issues in the Intermountain West region of the United States. (2) To support formulation and implementation of natural resources public policy through-- (A) consideration of the balance of socioeconomic concerns and quality of life issues with environmental remediation, cost, and schedule concerns; and (B) involvement of the public with the research and development activities of the Institute. (3) To act as an information resource center by-- (A) serving as a centralized repository for environmental data, data management, and analytical tools for the Intermountain West region of the United States; (B) entering into partnership agreements with private entities to access or acquire and maintain regional environmental data sets, including monitoring data, Geographical Information System coverages, satellite data, and data from local and regional ecological studies; (C) providing quick and affordable access to all existing public databases, such as those maintained by the Federal and State agencies, and, as appropriate, access to private databases developed to support specific models or decisions; and (D) maintaining trained personnel to assist the public and researchers in gaining access to information on natural resources. (4) To provide education and training, including-- (A) education for the public, future scientists, and educators; and (B) seminars and training aids for the public and collaborating with universities in the Intermountain West region of the United States to provide resources, internships, and research opportunities. SEC. 7. BOARD OF STAKEHOLDERS. (a) Establishment.--There shall be a Board of Stakeholders for the Institute, which shall incorporate the vested interests and stakeholder prospectuses into the design and operation of the Institute. (b) Membership.-- (1) Appointment.--The Board of Stakeholders shall be composed of 11 members who shall be appointed by the Secretary of Energy. (2) Representation.--The Board of Stakeholders shall be comprised of representatives from government, industry, the private sector, universities, and interest groups. (3) Terms.--Members of the Board of Stakeholders shall serve for a term of 5 years. (4) Chairperson.--The Chairperson of the Board of Stakeholders shall be elected by the Board from among its members. SEC. 8. DIRECTOR; STAFF. (a) Director.--(1) The Board of Stakeholders shall appoint, and define the requirements of, the Director of the Institute. The Director of the Institute shall exercise all authority granted to the Institute in this Act, including powers delegated by the Board. (2) The Director of the Institute shall be a nonvoting, ex officio member of the Board of Stakeholders. (3) The Director shall be responsible for the integration of the duties and functions of the Institute as described in section 6, and for ensuring the full involvement of all relevant environmental sciences and the full range of users in these duties. (b) Staff.--The Director of the Institute shall hire such staff as necessary to carry out the functions of the Institute under this Act. SEC. 9. SCIENCE ADVISORY PANEL. (a) Establishment.--There is hereby established a Science Advisory Panel which shall-- (1) oversee development and implementation of the technical strategy of the Institute; and (2) provide oversight of the quality of science, and provide recommendations for the research and development portfolio structure of the Institute. (b) Membership.-- (1) Appointment.--The Science Advisory Panel shall be composed of 15 members who shall be appointed by the Board of Stakeholders, in consultation with the Director of the Idaho National Engineering and Environmental Laboratory. (2) Representation.--The Science Advisory Panel shall be composed of members representing multiple disciplines of science and engineering. (3) Terms.--Members of the Science Advisory Panel shall serve for a term of 2 years. (4) Chairperson.--The Chairperson of the Science Advisory Panel shall be selected by the Science Advisory Panel from among its members. SEC. 10. ACQUISITION OF INFORMATION FROM FEDERAL AGENCIES. The Institute may acquire from any Federal agency unclassified data and nonproprietary knowledge and information obtained by Federal departments and agencies to assist the Institute in carrying out its duties under this Act. SEC. 11. ACCESSIBILITY OF INFORMATION. The Institute shall work with Federal and State agencies, universities, the public, and the private sector to ensure that the information and products of the Institute are useful and accessible.

Natural Resources Institute Act of 1998 - Establishes the Natural Resources Institute at the Idaho National Engineering and Environmental Laboratory to provide a neutral forum to develop scientific solutions that improve the economic and environmental viability of the Intermountain West region of the United States. Defines such region to include Montana, Idaho, Wyoming, Utah, and the far eastern areas of Oregon and Washington. Lists as duties of the Institute: (1) to perform multidisciplinary research regarding natural resources; (2) to support formulation and implementation of natural resources public policy; (3) to act as an information resource center; and (4) to provide education and training. Creates a Board of Stakeholders for the Institute which shall incorporate the vested interests and stakeholder prospectuses into the design and operation of the Institute. Requires the Board to appoint, and define the requirements of, the Director of the Institute who shall exercise all authority granted to the Institute. Establishes a Science Advisory panel to: (1) oversee development and implementation of the Institute's technical strategy; and (2) provide oversight of the quality of science and recommendations for the research and development portfolio structure of the Institute. Authorizes the Institute to acquire from any Federal agency any unclassified data and nonproprietary knowledge and information obtained by Federal agencies to assist the Institute. Directs the Institute to work with Federal and State agencies, universities, the public, and the private sector to ensure that the Institute's information and products are useful and accessible.

{"src": "billsum_train", "title": "Natural Resources Institute Act of 1998"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nursing Home Staffing Accountability Act of 2002''. SEC. 2. IMPROVING THE AVAILABILITY OF ACCURATE DATA ON NURSING FACILITY STAFFING. (a) Medicare.--Section 1819(b)(8) of the Social Security Act (42 U.S.C. 1395i-3(b)) is amended-- (1) in subparagraph (A), by adding at the end the following new sentence: ``The information posted under this subparagraph shall include information regarding nurse staffing with respect to beds made available by reason of an agreement under section 1883.''; and (2) by adding at the end the following new subparagraphs: ``(C) Submission and posting of data.--Beginning on July 1, 2003, a skilled nursing facility shall submit to the Secretary in a uniform manner (as prescribed by the Secretary) the nursing staff data described in subparagraph (A) through electronic data submission not less frequently than quarterly and the Secretary shall make such data publicly available, including by posting such data on an Internet website. ``(D) Audit of data.--As part of each standard survey conducted under subsection (g)(2)(A), there shall be an audit of the nursing staff data reported under subparagraph (C) to ensure that such data are accurate.''. (b) Medicaid.--Section 1919(b)(8) of the Social Security Act (42 U.S.C. 1395r(b)(8)) is amended-- (1) in subparagraph (A), by adding at the end the following new sentence: ``The information posted under this subparagraph shall include information regarding nurse staffing with respect to beds made available by reason of an agreement under section 1883.''; and (2) by adding at the end the following new subparagraphs: ``(C) Submission and posting of data.--Beginning on July 1, 2003, a nursing facility shall submit to the Secretary in a uniform manner (as prescribed by the Secretary) the nursing staff data described in subparagraph (A) through electronic data submission not less frequently than quarterly and the Secretary shall make such data publicly available, including by posting such data on an Internet website. ``(D) Audit of data.--As part of each standard survey conducted under subsection (g)(2)(A), there shall be an audit of the nursing staff data reported under subparagraph (C) to ensure that such data are accurate.''. (c) Report.--Not later than October 1, 2003, the Secretary of Health and Human Services shall submit to Congress a report on-- (1) the manner in which the Secretary intends to implement reporting of additional nurse staffing variables such as unit worked, day of week (weekday and weekend), and type of care (direct or administrative) provided; and (2) the most effective mechanisms for auditing nurse staffing data under sections 1819(b)(8)(D) and 1919(b)(8)(D) of the Social Security Act (as added by subsections (a)(2) and (b)(2), respectively). (d) Effective Date.--The amendments made by this section shall apply with respect to calendar quarters beginning on and after January 1, 2003. SEC. 3. CREATING A STAFFING QUALITY MEASURE FOR CONSUMERS TO COMPARE NURSING FACILITIES. (a) In General.--Beginning on October 1, 2003, and for as long as the Secretary of Health and Human Services publishes quality measures to help the public compare the quality of care that nursing facilities provide, these quality measures shall include a quality measure for nursing staff that-- (1) includes the average daily total nursing hours worked for the quarterly reporting period for which data is submitted under sections 1819(b)(8)(C) and 1919(b)(8)(C) of the Social Security Act (as added by subsections (a)(2) and (b)(2), respectively, of section 2); (2) is sensitive to case mix and quality outcomes; and (3) indicates the percentile in which each nursing facility falls compared with other nursing facilities in the State. The Secretary shall not be required to comply with the requirements of paragraph (2) to the extent that the development of a methodology to comply with such requirement would delay the implementation of this section. (b) Form and Manner.--The nursing facility staffing measure described in subsection (a) shall be displayed in the same form and manner as information that the Secretary displays to help the public compare the quality of care that nursing facilities provide. (c) Periodic Revisions.--The Secretary may revise the nursing facility staffing measure described in subsection (a) from time to time to improve the accuracy of such measure.

Nursing Home Staffing Accountability Act of 2002 - Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to require the information posted daily by skilled nursing facilities and nursing facilities for each nursing shift to include information regarding nurse staffing with respect to beds made available by reason of an agreement between the Secretary of Health and Human Services and a hospital to use its inpatient hospital facilities to furnish services which, if furnished by a skilled nursing facility, would constitute extended care services.Requires a skilled nursing facility and a nursing facility to submit electronically to the Secretary at least quarterly the nursing staff data posted daily for each nursing shift. Requires the Secretary to make such data publicly available, including on an Internet website. Requires a periodic audit of such data.Provides that, for as long as the Secretary publishes quality measures to help the public compare the quality of care that nursing facilities provide, these quality measures shall include a quality measure for nursing staff.

{"src": "billsum_train", "title": "A bill to amend titles XVIII and XIV of the Social Security Act to improve the availability of accurate nursing facility staffing information, and for other purposes."}

SECTION 1. DENIAL OF ELIGIBILITY FOR INTERMENT OR MEMORIALIZATION IN CERTAIN CEMETERIES OF PERSONS COMMITTING FEDERAL CAPITAL CRIMES. (a) Prohibition Against Interment or Memorialization in Certain Federal Cemeteries.--Chapter 24 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 2411. Prohibition against interment or memorialization in the National Cemetery System or Arlington National Cemetery of persons committing Federal or State capital crimes ``(a)(1) In the case of a person described in subsection (b), the appropriate Federal official may not-- ``(A) inter the remains of such person in a cemetery in the National Cemetery System or in Arlington National Cemetery; or ``(B) honor the memory of such person in a memorial area in a cemetery in the National Cemetery System (described in section 2403(a) of this title) or in such an area in Arlington National Cemetery (described in section 2409(a) of this title). ``(2) The prohibition under paragraph (1) shall not apply unless written notice of a conviction or finding under subsection (b) is received by the appropriate Federal official before such official approves an application for the interment or memorialization of such person. Such written notice shall be furnished to such official by the Attorney General, in the case of a Federal capital crime, or by an appropriate State official, in the case of a State capital crime. ``(b) A person referred to in subsection (a) is any of the following: ``(1) A person who has been convicted of a Federal capital crime for which the person was sentenced to death or life imprisonment. ``(2) A person who has been convicted of a State capital crime for which the person was sentenced to death or life imprisonment without parole. ``(3) A person who-- ``(A) is found (as provided in subsection (c)) to have committed a Federal capital crime or a State capital crime, but ``(B) has not been convicted of such crime by reason of such person not being available for trial due to death or flight to avoid prosecution. ``(c) A finding under subsection (b)(3) shall be made by the appropriate Federal official. Any such finding may only be made based upon a showing of clear and convincing evidence, after an opportunity for a hearing in a manner prescribed by the appropriate Federal official. ``(d) For purposes of this section: ``(1) The term `Federal capital crime' means an offense under Federal law for which the death penalty or life imprisonment may be imposed. ``(2) The term `State capital crime' means, under State law, the willful, deliberate, or premeditated unlawful killing of another human being for which the death penalty or life imprisonment without parole may be imposed. ``(3) The term `appropriate Federal official' means-- ``(A) the Secretary, in the case of the National Cemetery System; and ``(B) the Secretary of the Army, in the case of Arlington National Cemetery.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 24 of such title is amended by adding at the end the following new item: ``2411. Prohibition against interment or memorialization in the National Cemetery System or Arlington National Cemetery of persons committing Federal or State capital crimes.''. (c) Effective Date.--Section 2411 of title 38, United States Code, as added by subsection (a), shall apply with respect to applications for interment or memorialization made on or after the date of the enactment of this Act. SEC. 2. CONDITION ON GRANTS TO STATE-OWNED VETERAN CEMETERIES. Section 2408 of title 38, United States Code, is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: ``(d)(1) In addition to the conditions specified in subsections (b) and (c), any grant made on or after the date of the enactment of this subsection to a State under this section to assist such State in establishing, expanding, or improving a veterans' cemetery shall be made on the condition described in paragraph (2). ``(2) For purposes of paragraph (1), the condition described in this paragraph is that, after the date of the receipt of the grant, such State prohibit the interment or memorialization in that cemetery of a person described in section 2411(b) of this title, subject to the receipt of notice described in subsection (a)(2) of such section, except that for purposes of this subsection-- ``(A) such notice shall be furnished to an appropriate official of such State; and ``(B) a finding described in subsection (b)(3) of such section shall be made by an appropriate official of such State.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Prohibits the appropriate Federal official from interring or memorializing in Arlington National Cemetery or in a cemetery of the National Cemetery System any person who: (1) has been convicted of a Federal or State capital crime for which the person was sentenced to death or life imprisonment; or (2) is found to have committed such a crime but who has not been convicted due to unavailability for trial because of death or flight to avoid prosecution. Provides that such prohibition shall not apply unless the appropriate Federal official receives written notice of such a conviction or finding from the Attorney General or appropriate State official before approving the application for interment or memorialization. Conditions a State's receipt of certain Federal grants for establishing, expanding, or improving a veterans' cemetery on a prohibition against the interment or memorialization of such individuals at such cemetery subject to the receipt of such a notice.

{"src": "billsum_train", "title": "An Act to amend title 38, United States Code, to prohibit interment or memorialization in certain cemeteries of persons committing Federal or State capital crimes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Intelligent Vehicle Highway Safety Act of 2004''. SEC. 2. DEDUCTION FOR INTELLIGENT VEHICLE TECHNOLOGY SYSTEMS. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to itemized deductions for individuals and corporations) is amended by adding at the end the following new section: ``SEC. 199. INTELLIGENT VEHICLE SYSTEMS PROPERTY. ``(a) Deduction Allowed.--There shall be allowed as a deduction for the taxable year an amount equal to the amount paid or incurred by the taxpayer for qualified intelligent vehicle systems property. The deduction under the preceding sentence with respect to any property shall be allowed for the taxable year in which such property is placed in service. ``(b) Limitation.-- ``(1) In general.--The amount allowed as a deduction under subsection (a) with respect to any motor vehicle shall not exceed $1,000. ``(2) Phaseout.--In the case of any qualified intelligent vehicle systems property placed in service after December 31, 2007, the limit otherwise applicable under paragraph (1) shall be reduced by-- ``(A) 25 percent in the case of property placed in service in calendar year 2008, ``(B) 50 percent in the case of property placed in service in calendar year 2009, and ``(C) 75 percent in the case of property placed in service in calendar year 2010. ``(c) Qualified Intelligent Vehicle Systems Property.--For purposes of this section-- ``(1) In general.--The term `qualified intelligent vehicle systems property' means any device described in paragraph (2) if such device-- ``(A) is an integrated, in-vehicle electronic device installed in a motor vehicle at the point of manufacture by the original equipment manufacturer, or as an aftermarket installation, and ``(B) enhances the safety or security of the driver, passenger, or load. ``(2) Devices described.--A device described in this paragraph is a device which-- ``(A) is a device that warns or informs a driver of driving conditions or location, such as collision warning systems, automated collision notification systems, vehicle rollover warning systems, lane departure warning systems, and fatigue management systems, ``(B) is a positional communications and tracking device, ``(C) assists in verification of driver identity, such as biometric identifiers and electronic ignition locks, ``(D) is an electronic seal, ``(E) is a roll stability control system, or ``(F) actively monitors and adjusts driver workload. ``(3) Motor vehicle.--The term `motor vehicle' means any vehicle which is manufactured primarily for use on public streets, roads, and highways (not including a vehicle operated exclusively on a rail or rails) and which has at least 4 wheels. ``(d) Special Rules.-- ``(1) Property used outside united states, etc., not qualified.--No deduction shall be allowed under subsection (a) with respect to any property referred to in section 50(b) or with respect to the portion of the cost of any property taken into account under section 179. ``(2) Basis reduction.-- ``(A) In general.--For purposes of this title, the basis of any property shall be reduced by the portion of the cost of such property taken into account under subsection (a). ``(B) Ordinary income recapture.--For purposes of section 1245, the amount of the deduction allowable under subsection (a) with respect to any property which is of a character subject to the allowance for depreciation shall be treated as a deduction allowed for depreciation under section 167. ``(e) Supporting Documentation.--No deduction shall be allowed under subsection (a) unless the taxpayer receives, at the time of purchase of the qualified intelligent vehicle systems property, such documentation as the Secretary may require. Such documentation shall identify the type of each intelligent vehicle systems property installed on the motor vehicle, retail cost of each such system, the purchase date of the motor vehicle containing such systems (or the installation date of such systems in the case of installation after the date of the first retail sale (as defined in section 4052(a)). ``(f) Termination.--This section shall not apply to any property placed in service after December 31, 2010.''. (b) Deduction Allowed Whether or not Individual Itemizes Other Deductions.--Subsection (a) of section 62 of such Code is amended by inserting after paragraph (19) the following new paragraph: ``(20) Intelligent vehicle systems property.--The deduction allowed by section 199.''. (c) Conforming Amendments.-- (1) Subsection (a) of section 1016 of such Code is amended by striking ``and'' at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting ``; and'', and by adding at the end the following new paragraph: ``(29) to the extent provided in section 199(d)(2).''. (2) Subparagraph (C) of section 1245(a)(2) of such Code is amended by striking ``or 193'' and inserting ``193, or 199''. (d) Clerical Amendment.--The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 199. Intelligent vehicle systems property.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2004. SEC. 3. INTELLIGENT VEHICLE SYSTEMS PROPERTY EXCEPTION TO TAX ON HEAVY TRUCKS AND TRAILERS SOLD AT RETAIL. (a) In General.--Section 4051 of the Internal Revenue Code of 1986 (relating to imposition of tax on heavy trucks and trailers sold at retail) is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: ``(c) Exclusion for Intelligent Vehicle Systems Property.-- ``(1) In general.--The tax imposed by subsections (a) and (b) shall not apply to any article which is qualified intelligent vehicle systems property. ``(2) Limitation.--The amount excluded by paragraph (1) shall not exceed $5,000 with respect to any article which is a chassis, body, trailer, or tractor described in a subparagraph of paragraph (1). ``(3) Qualified intelligent vehicle systems property.--The term `qualified intelligent vehicle system property' shall have the meaning given such term by section 199(c).''. (b) Effective Date.--The amendments made by this section shall apply to articles sold after December 31, 2004.

Intelligent Vehicle Highway Safety Act of 2004 - Amends the Internal Revenue Code to allow a deduction from gross income for the cost, up to $1,000, of qualified intelligent vehicle systems property. Defines "qualified intelligent systems property" as any device installed by a motor vehicle manufacturer to enhance the safety or security of a driver, passenger, or load by, among other things, warning or informing a driver of dangerous driving conditions or by actively monitoring and adjusting driver workload. Terminates the deduction after 2010. Exempts intelligent vehicle systems properties from the first $5,000 of the excise tax on heavy trucks and trailers sold at retail.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to encourage and accelerate the nationwide production, retail sale, and consumer use of new commercial and consumer motor vehicles with intelligent vehicle technology systems."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``No Tolerance Act''. SEC. 2. ENHANCED PROTECTIONS FOR PROSPECTIVE MEMBERS AND NEW MEMBERS OF THE ARMED FORCES DURING ENTRY-LEVEL PROCESSING AND TRAINING. (a) Defining Inappropriate and Prohibited Relationships, Communication, Conduct, and Contact Between Certain Members.-- (1) Policy required.--The Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating shall establish and maintain a policy to uniformly define and prescribe, for the persons described in paragraph (2), what constitutes an inappropriate and prohibited relationship, communication, conduct, or contact, including when such an action is consensual, between a member of the Armed Forces described in paragraph (2)(A) and a prospective member or member of the Armed Forces described in paragraph (2)(B). (2) Covered members.--The policy required by paragraph (1) shall apply to-- (A) a member of the Armed Forces who is superior in rank to, exercises authority or control over, or supervises a person described in subparagraph (B) during the entry-level processing or training of the person; and (B) a prospective member of the Armed Forces or a member of the Armed Forces undergoing entry-level processing or training. (3) Inclusion of certain members required.--The members of the Armed Forces covered by paragraph (2)(A) shall include, at a minimum, military personnel assigned or attached to duty-- (A) for the purpose of recruiting or assessing persons for enlistment or appointment as a commissioned officer, warrant officer, or enlisted member of the Armed Forces; (B) at a Military Entrance Processing Station; or (C) at an entry-level training facility or school of an Armed Force. (b) Effect of Violations.--A member of the Armed Forces who violates the policy established pursuant to subsection (a) shall be subject to prosecution under the Uniform Code of Military Justice. (c) Processing for Administrative Separation.-- (1) In general.--(A) The Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating shall require the processing for administrative separation of any member of the Armed Forces described in subsection (a)(2)(A) in response to the first substantiated violation by the member of the policy established pursuant to subsection (a), when the member is not otherwise punitively discharged or dismissed from the Armed Forces for that violation. (B) The Secretary of each military department shall revise regulations applicable to the Armed Forces under the jurisdiction of the Secretary as necessary to ensure compliance with the requirement under subparagraph (A). (2) Required elements.--(A) In imposing the requirement under paragraph (1), the Secretaries shall ensure that any separation decision regarding a member of the Armed Forces is based on the full facts of the case and that due process procedures are provided under existing law or regulations or additionally prescribed, as considered necessary by the Secretaries, pursuant to subsection (f). (B) The requirement imposed by paragraph (1) shall not be interpreted to limit or alter the authority of the Secretary of a military department and the Secretary of the Department in which the Coast Guard is operating to process members of the Armed Forces for administrative separation-- (i) for reasons other than a substantiated violation of the policy established pursuant to subsection (a); or (ii) under other provisions of law or regulation. (3) Substantiated violation.--For purposes of paragraph (1), a violation by a member of the Armed Forces described in subsection (a)(2)(A) of the policy established pursuant to subsection (a) shall be treated as substantiated if-- (A) there has been a court-martial conviction for violation of the policy, but the adjudged sentence does not include discharge or dismissal; or (B) a nonjudicial punishment authority under section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice) has determined that a member has committed an offense in violation of the policy and imposed nonjudicial punishment upon the member. (d) Proposed Uniform Code of Military Justice Punitive Article.-- Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives-- (1) a proposed amendment to chapter 47 of title 10, United States Code (the Uniform Code of Military Justice) to create an additional article under subchapter X of such chapter regarding violations of the policy required by subsection (a); and (2) the conforming changes to part IV, punitive articles, in the Manual for Courts-Martial that will be necessary upon adoption of such article. (e) Definitions.--In this section: (1) The term ``entry-level processing or training'', with respect to a member of the Armed forces, means the period beginning on the date on which the member became a member of the Armed Forces and ending on the date on which the member physically arrives at that member's first duty assignment following completion of initial entry training (or its equivalent), as defined by the Secretary of the military department concerned or the Secretary of the Department in which the Coast Guard is operating. (2) The term ``prospective member of the Armed Forces'' means a person who has had a face-to-face meeting with a member of the Armed Forces assigned or attached to duty described in subsection (a)(3)(A) regarding becoming a member of the Armed Forces, regardless of whether the person eventually becomes a member of the Armed Forces. (f) Regulations.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating shall issue such regulations as may be necessary to carry out this section. The Secretary of Defense shall ensure that, to the extent practicable, the regulations are uniform for each armed force under the jurisdiction of that Secretary.

No Tolerance Act - Directs the Secretary of Defense (DOD) and the Secretary of the department in which the Coast Guard is operating to establish and maintain a policy to uniformly define and prescribe what constitutes an inappropriate and prohibited relationship, communication, conduct, or contact, including when such an action is consensual, between: (1) a member of the Armed Forces (member) who is superior in rank to, exercises control over, or supervises a person during entry-level process or training; and (2) a prospective member or member undergoing such processing and training. Makes violators subject to prosecution under the Uniform Code of Military Justice (UCMJ). Directs such Secretaries to require the processing for administrative separation of any member in response to the first substantiated violation of such policy, if the member is not otherwise punitively discharged or dismissed for such violation. Requires the DOD Secretary to submit to the congressional defense committees a proposed UCMJ punitive article regarding such violations.

{"src": "billsum_train", "title": "No Tolerance Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Building a Stronger America Act''. SEC. 2. DEVELOPMENT OF SCIENCE PARKS. (a) Finding.--Section 2 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701) is amended by adding at the end the following: ``(12) It is in the best interests of the Nation to encourage the formation of science parks to promote the clustering of innovation through high technology activities.''. (b) Definition.--Section 4 of such Act (15 U.S.C. 3703) is amended by adding at the end the following: ``(14) `Business or industrial park' means a primarily for- profit real estate venture of businesses or industries which do not necessarily reinforce each other through supply chain or technology transfer mechanisms. ``(15) `Science park'-- ``(A) means a group of interrelated companies and institutions, including suppliers, service providers, institutions of higher education, start-up incubators, and trade associations that-- ``(i) cooperate and compete with each other; ``(ii) are located in a specific area or region that promotes real estate development, technology transfer, and partnerships between such companies and institutions; ``(B) includes a science park, research park, technology park, research and development park, research and technology park, and science and technology park; and ``(C) does not include a business or industrial park. ``(16) `Science park infrastructure' means facilities that support the daily economic activity of a science park.''. (c) Science Parks.--The Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.) is amended by adding at the end the following: ``SEC. 24. SCIENCE PARKS. ``(a) Development of Plans for Construction of Science Parks.-- ``(1) In general.--The Secretary shall award grants for the development of feasibility studies and plans for the construction of new or expansion of existing science parks. ``(2) Limitation on amount of grants.--The amount of a grant awarded under this subsection may not exceed $750,000. ``(3) Award.-- ``(A) Competition required.--The Secretary shall award any grant under this subsection pursuant to a full and open competition. ``(B) Geographic dispersion.--The Secretary is encouraged to divide the grants awarded under this subsection among low, medium, and high population density States. ``(C) Advertising.--The Secretary shall advertise any competition under this paragraph in the Commerce Business Daily. ``(D) Selection criteria.--The Secretary shall publish the criteria to be utilized in any competition under this paragraph for the selection of recipients of grants under this subsection, which shall include requirements relating to-- ``(i) the number of jobs to be created at the science park each year during its first 5 years; ``(ii) the funding to be required to construct or expand the science park during its first 5 years; ``(iii) the amount and type of cost matching by the applicant; ``(iv) the types of businesses and research entities expected in the science park and surrounding community; ``(v) letters of intent by businesses and research entities to locate in the science park; ``(vi) the expansion capacity of the science park during a 25-year period; ``(vii) the quality of life at the science park for employees at the science park; ``(viii) the capability to attract a well trained workforce to the science park; ``(ix) the management of the science park; ``(x) expected risks in the construction and operation of the science park; ``(xi) risk mitigation; ``(xii) transportation and logistics; ``(xiii) physical infrastructure, including telecommunications; and ``(xiv) ability to collaborate with other science parks throughout the world. ``(4) Authorization of appropriations.--There are authorized to be appropriated $7,500,000 for each of the fiscal years 2008 through 2012 to carry out this subsection. ``(b) Loan Guarantees for Science Park Infrastructure.-- ``(1) In general.--The Secretary may guarantee up to 80 percent of the loan amount for loans exceeding $10,000,000 for projects for the construction of science park infrastructure. ``(2) Limitations on guarantee amounts.--The maximum amount of loan principal guaranteed under this subsection may not exceed-- ``(A) $50,000,000 with respect to any single project; and ``(B) $500,000,000 with respect to all projects. ``(3) Selection of guarantee recipients.--The Secretary shall select recipients of loan guarantees under this subsection based upon the ability of the recipient to collateralize the loan amount through bonds, equity, property, and other such criteria as the Secretary shall prescribe. Entities receiving a grant under subsection (a) are not eligible for a loan guarantee during the period of such grant. ``(4) Terms and conditions for loan guarantees.--The loans guaranteed under this subsection shall be subject to such terms and conditions as the Secretary may prescribe, except that-- ``(A) the final maturity of such loans made or guaranteed may not exceed the lesser of-- ``(i) 30 years and 32 days; or ``(ii) 90 percent of the useful life of any physical asset to be financed by such loan; ``(B) a loan made or guaranteed under this subsection may not be subordinated to another debt contracted by the borrower or to any other claims against the borrowers in the case of default; ``(C) a loan may not be guaranteed under this subsection unless the Secretary determines that the lender is responsible and that adequate provision is made for servicing the loan on reasonable terms and protecting the financial interest of the United States; ``(D) a loan may not be guaranteed under this subsection if-- ``(i) the income from such loan is excluded from gross income for purposes of chapter 1 of the Internal Revenue Code of 1986; or ``(ii) the guarantee provides significant collateral or security, as determined by the Secretary, for other obligations the income from which is so excluded; ``(E) any guarantee provided under this subsection shall be conclusive evidence that-- ``(i) the guarantee has been properly obtained; ``(ii) the underlying loan qualified for such guarantee; and ``(iii) absent fraud or material misrepresentation by the holder, the guarantee is presumed to be valid, legal, and enforceable; ``(F) the Secretary shall prescribe explicit standards for use in periodically assessing the credit risk of new and existing direct loans or guaranteed loans; ``(G) the Secretary may not extend credit assistance unless the Secretary has determined that there is a reasonable assurance of repayment; and ``(H) new loan guarantees may not be committed except to the extent that appropriations of budget authority to cover their costs are made in advance, as required under section 504 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661c). ``(5) Payment of losses.-- ``(A) In general.--If, as a result of a default by a borrower under a loan guaranteed under this subsection, after the holder has made such further collection efforts and instituted such enforcement proceedings as the Secretary may require, the Secretary determines that the holder has suffered a loss, the Secretary shall pay to such holder the percentage of such loss specified in the guarantee contract. Upon making any such payment, the Secretary shall be subrogated to all the rights of the recipient of the payment. The Secretary shall be entitled to recover from the borrower the amount of any payments made pursuant to any guarantee entered into under this section. ``(B) Enforcement of rights.--The Attorney General shall take such action as may be appropriate to enforce any right accruing to the United States as a result of the issuance of any guarantee under this section. ``(C) Forbearance.--Nothing in this section may be construed to preclude any forbearance for the benefit of the borrower which may be agreed upon by the parties to the guaranteed loan and approved by the Secretary, if budget authority for any resulting subsidy costs (as defined under the Federal Credit Reform Act of 1990) is available. ``(D) Management of property.--Notwithstanding any other provision of law relating to the acquisition, handling, or disposal of property by the United States, the Secretary may complete, recondition, reconstruct, renovate, repair, maintain, operate, or sell any property acquired by the Secretary pursuant to the provisions of this section. ``(6) Review.--The Comptroller General of the United States shall, not later than 2 years after the date of the enactment of this section-- ``(A) conduct a review of the subsidy estimates for the loan guarantees under this subsection; and ``(B) submit to Congress a report on the review conducted under this paragraph. ``(7) Termination.--A loan may not be guaranteed under this subsection after September 30, 2012. ``(8) Authorization of appropriations.--There are authorized to be appropriated-- ``(A) $35,000,000 for the cost, as defined in section 502(5) of the Federal Credit Reform Act of 1990, of guaranteeing $500,000,000 of loans under this subsection; and ``(B) $6,000,000 for administrative expenses for fiscal year 2008, and such sums as necessary for administrative expenses in subsequent years. ``(c) National Academy of Sciences Evaluation.-- ``(1) In general.--The Secretary shall enter into an agreement with the National Academy of Sciences under which the Academy shall evaluate, every 3 years, the activities under this section. ``(2) Tri-annual report.--Under the agreement entered into under paragraph (1), the Academy shall submit to the Secretary a report on its evaluation of science park development under that paragraph. Each report may include such recommendations as the Academy considers appropriate for additional activities to promote and facilitate the development of science parks in the United States. ``(d) Tri-Annual Report.--Not later than March 31 of every third year, the Secretary shall submit to Congress a report on the activities under this section during the preceding 3 years, including any recommendations made by the National Academy of Sciences under subsection (c)(2) during such period. Each report may include such recommendations for legislative or administrative action as the Secretary considers appropriate to further promote and facilitate the development of science parks in the United States. ``(e) Rulemaking.--Not later than 1 year after the date of the enactment of this section, the Secretary shall prescribe regulations to carry out this section in accordance with Office of Management and Budget Circular A-129, `Policies for Federal Credit Programs and Non- Tax Receivables'.''.

Building a Stronger America Act - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to direct the Secretary of Commerce to award grants for the development of feasibility studies and plans for the construction of new or expansion of existing science parks. Allows the Secretary to guarantee up to 80% of the loan amount for loans exceeding $10 million for projects for the construction of such infrastructure. Directs the Secretary to enter into an agreement with the National Academy of Sciences (NAS) under which NAS shall evaluate, every three years, such development.

{"src": "billsum_train", "title": "A bill to provide grants and loan guarantees for the development and construction of science parks to promote the clustering of innovation through high technology activities."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lupus Research and Care Amendments of 1997''. SEC. 2. FINDINGS. The Congress finds that-- (1) lupus is a serious, complex, inflammatory, autoimmune disease of particular concern to women; (2) lupus affects women 9 times more often than men; (3) there are 3 main types of lupus: systemic lupus, a serious form of the disease that affects many parts of the body; discoid lupus, a form of the disease that affects mainly the skin; and drug-induced lupus caused by certain medications; (4) lupus can be fatal if not detected and treated early; (5) the disease can simultaneously affect various areas of the body, such as the skin, joints, kidneys, and brain, and can be difficult to diagnose because the symptoms of lupus are similar to those of many other diseases; (6) lupus disproportionately affects African-American women, as the prevalence of the disease among such women is 3 times the prevalence among white women, and an estimated 1 in 250 African-American women between the ages of 15 and 65 develops the disease; (7) it has been estimated that between 1,400,000 and 2,000,000 Americans have been diagnosed with the disease, and that many more have undiagnosed cases; (8) current treatments for the disease can be effective, but may lead to damaging side effects; (9) many victims of the disease suffer debilitating pain and fatigue, making it difficult to maintain employment and lead normal lives; and (10) in fiscal year 1996, the amount allocated by the National Institutes of Health for research on lupus was $33,000,000, which is less than \1/2\ of 1 percent of the budget for such Institutes. TITLE I--RESEARCH ON LUPUS SEC. 101. EXPANSION AND INTENSIFICATION OF ACTIVITIES. Subpart 4 of part C of title IV of the Public Health Service Act (42 U.S.C. 285d et seq.) is amended by inserting after section 441 the following section: ``lupus ``Sec. 441A. (a) In General.--The Director of the Institute shall expand and intensify research and related activities of the Institute with respect to lupus. ``(b) Coordination With Other Institutes.--The Director of the Institute shall coordinate the activities of the Director under subsection (a) with similar activities conducted by the other national research institutes and agencies of the National Institutes of Health to the extent that such Institutes and agencies have responsibilities that are related to lupus. ``(c) Programs for Lupus.--In carrying out subsection (a), the Director of the Institute shall conduct or support research to expand the understanding of the causes of, and to find a cure for, lupus. Activities under such subsection shall include conducting and supporting the following: ``(1) Research to determine the reasons underlying the elevated prevalence of lupus in women, including African- American women. ``(2) Basic research concerning the etiology and causes of the disease. ``(3) Epidemiological studies to address the frequency and natural history of the disease and the differences among the sexes and among racial and ethnic groups with respect to the disease. ``(4) The development of improved screening techniques. ``(5) Clinical research for the development and evaluation of new treatments, including new biological agents. ``(6) Information and education programs for health care professionals and the public. ``(d) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $50,000,000 for fiscal year 1998, and such sums as may be necessary for each of the fiscal years 1999 and 2000.''. TITLE II--DELIVERY OF SERVICES REGARDING LUPUS SEC. 201. ESTABLISHMENT OF PROGRAM OF GRANTS. (a) In General.--The Secretary of Health and Human Services shall in accordance with this title make grants to provide for projects for the establishment, operation, and coordination of effective and cost- efficient systems for the delivery of essential services to individuals with lupus and their families. (b) Recipients of Grants.--A grant under subsection (a) may be made to an entity only if the entity is a public or nonprofit private entity, which may include a State or local government; a public or nonprofit private hospital, community-based organization, hospice, ambulatory care facility, community health center, migrant health center, or homeless health center; or other appropriate public or nonprofit private entity. (c) Certain Activities.--Activities that the Secretary may authorize for projects under subsection (a) include the following: (1) Delivering or enhancing outpatient, ambulatory, and home-based health and support services, including case management and comprehensive treatment services, for individuals with lupus; and delivering or enhancing support services for their families. (2) Delivering or enhancing inpatient care management services that prevent unnecessary hospitalization or that expedite discharge, as medically appropriate, from inpatient facilities of individuals with lupus. (3) Improving the quality, availability, and organization of health care and support services (including transportation services, attendant care, homemaker services, and day or respite care) for individuals with lupus and their families. (4) Providing assistance to assure the continuity of health insurance coverage for individuals with lupus. SEC. 202. CERTAIN REQUIREMENTS. A grant may be made under section 201 only if the applicant involved makes the following agreements: (1) Not more than 5 percent of the grant will be used for administration, accounting, reporting, and program oversight functions. (2) The grant will be used to supplement and not supplant funds from other sources related to the treatment of lupus. (3) With respect to the imposition of charges for the provision of services under the grant: (A) In the case of an individual with an income less than or equal to 100 percent of the official poverty line, the applicant will not impose a charge. (B) In the case of an individual with an income greater than 100 percent of the official poverty line and not exceeding 200 percent of such poverty line, the applicant will not impose charges for any calendar year exceeding 5 percent of the annual gross income of the individual involved. (C) In the case of an individual with an income greater than 200 percent of the official poverty line and not exceeding 300 percent of such poverty line, the applicant will not impose charges for any calendar year exceeding 7 percent of the annual gross income of the individual. (D) In the case of an individual with an income greater than 300 percent of the official poverty line, the applicant will not impose charges for any calendar year exceeding 10 percent of the annual gross income of the individual. SEC. 203. TECHNICAL ASSISTANCE. The Secretary may provide technical assistance to assist entities in complying with the requirements of this title in order to make such entities eligible to receive grants under section 201. SEC. 204. DEFINITIONS. For purposes of this title: (1) The term ``official poverty line'' means the poverty line established by the Director of the Office of Management and Budget and revised by the Secretary in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981. (2) The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 205. AUTHORIZATION OF APPROPRIATIONS. For the purpose of carrying out this title, there are authorized to be appropriated $50,000,000 for fiscal year 1998, and such sums as may be necessary for each of the fiscal years 1999 through 2002.

TABLE OF CONTENTS: Title I: Research on Lupus Title II: Delivery of Services Regarding Lupus Lupus Research and Care Amendments of 1997 - Title I: Research on Lupus - Amends the Public Health Service Act to require the Director of the National Institute of Arthritis and Musculoskeletal and Skin Diseases to expand and intensify research and related activities of the Institute with respect to lupus. Requires the Director to: (1) coordinate such activities with similar activities conducted by other national research institutes and agencies of the National Institutes of Health; and (2) conduct or support research to expand the understanding of the causes of, and to find a cure for, lupus, including research to determine the reasons underlying the elevated prevalence of the disease among African-American and other women. Authorizes appropriations. Title II: Delivery of Services Regarding Lupus - Mandates grants for the establishment, operation, and coordination of effective and cost-efficient systems for the delivery of essential services to individuals with lupus and their families. Regulates fees imposed by grantees on service recipients. Authorizes technical assistance. Authorizes appropriations.

{"src": "billsum_train", "title": "Lupus Research and Care Amendments of 1997"}

.--Whenever the administering authority makes a final determination under section 771(18)(C)(i)(I) of the Tariff Act of 1930 (19 U.S.C. 1677(18)(C)(i)(I)) to revoke the determination that a foreign country is a nonmarket economy country-- (1) the President shall notify the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives of that determination not later than 10 days after the publication of the administering authority's final determination in the Federal Register; (2) the President shall transmit to the Congress a request that a joint resolution be introduced pursuant to this section; and (3) a joint resolution shall be introduced in the Congress pursuant to this section. (c) Definition.--For purposes of this section, the term ``joint resolution'' means only a joint resolution of the 2 Houses of the Congress, the matter after the resolving clause of which is as follows: ``That the Congress approves the change of nonmarket economy status with respect to the products of _____ transmitted by the President to the Congress on _____.'', the first blank space being filled in with the name of the country with respect to which a determination has been made under section 771(18)(C)(i) of the Tariff Act of 1930 (19 U.S.C. 1677(18)(C)(i)), and the second blank space being filled with the date on which the President notified the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives under subsection (b)(1). (d) Introduction.--A joint resolution shall be introduced (by request) in the House of Representatives by the majority leader of the House, for himself, or by Members of the House designated by the majority leader of the House, and shall be introduced (by request) in the Senate by the majority leader of the Senate, for himself, or by Members of the Senate designated by the majority leader of the Senate. (e) Amendments Prohibited.--No amendment to a joint resolution shall be in order in either the House of Representatives or the Senate, and no motion to suspend the application of this subsection shall be in order in either House, nor shall it be in order in either House for the presiding officer to entertain a request to suspend the application of this subsection by unanimous consent. (f) Period for Committee and Floor Consideration.-- (1) In general.--If the committee or committees of either House to which a joint resolution has been referred have not reported the joint resolution at the close of the 45th day after its introduction, such committee or committees shall be automatically discharged from further consideration of the joint resolution and it shall be placed on the appropriate calendar. A vote on final passage of the joint resolution shall be taken in each House on or before the close of the 15th day after the joint resolution is reported by the committee or committees of that House to which it was referred, or after such committee or committees have been discharged from further consideration of the joint resolution. If, prior to the passage by one House of a joint resolution of that House, that House receives the same joint resolution from the other House, then-- (A) the procedure in that House shall be the same as if no joint resolution had been received from the other House, but (B) the vote on final passage shall be on the joint resolution of the other House. (2) Computation of days.--For purposes of paragraph (1), in computing a number of days in either House, there shall be excluded any day on which that House is not in session. (g) Floor Consideration in the House.-- (1) Motion privileged.--A motion in the House of Representatives to proceed to the consideration of a joint resolution shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (2) Debate limited.--Debate in the House of Representatives on a joint resolution shall be limited to not more than 20 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion further to limit debate shall not be debatable. It shall not be in order to move to recommit a joint resolution or to move to reconsider the vote by which a joint resolution is agreed to or disagreed to. (3) Motions to postpone.--Motions to postpone, made in the House of Representatives with respect to the consideration of a joint resolution, and motions to proceed to the consideration of other business, shall be decided without debate. (4) Appeals.--All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to a joint resolution shall be decided without debate. (5) Other rules.--Except to the extent specifically provided in the preceding provisions of this subsection, consideration of a joint resolution shall be governed by the Rules of the House of Representatives applicable to other bills and resolutions in similar circumstances. (h) Floor Consideration in the Senate.-- (1) Motion privileged.--A motion in the Senate to proceed to the consideration of a joint resolution shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (2) Debate limited.--Debate in the Senate on a joint resolution, and all debatable motions and appeals in connection therewith, shall be limited to not more than 20 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. (3) Control of debate.--Debate in the Senate on any debatable motion or appeal in connection with a joint resolution shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the joint resolution, except that in the event the manager of the joint resolution is in favor of any such motion or appeal, the time in opposition thereto shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a joint resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal. (4) Other motions.--A motion in the Senate to further limit debate is not debatable. A motion to recommit a joint resolution is not in order. (i) Rules of House of Representatives and Senate.--Subsections (c) through (h) are enacted by the Congress-- (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such subsections (c) through (h) are 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 joint resolutions described in subsection (c), and subsections (c) through (h) supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House.

Nonmarket Economy Trade Remedy Act of 2009 - Amends the Tariff Act of 1930 to apply countervailing duties to nonmarket economies. Excludes specified factors, including a subsidy's effect, from the administering authority's consideration when determining whether a countervailable subsidy exists with respect to merchandise imported from nonmarket economy countries. Authorizes the use of alternative methodologies in determining whether a subsidy is countervailable with respect to the People's Republic of China (PRC). Deems subsidies provided predominantly or disportionately by the PRC to a state-owned enterprise as specific to that enterprise. Prohibits the administering authority from considering requests for market economy treatment at the individual business enterprise level in an antidumping duty proceeding involving a nonmarket economy country. Requires congressional approval for revocation of nonmarket economy country determinations made by the administering authority.

{"src": "billsum_train", "title": "To amend title VII of the Tariff Act of 1930 to provide that the provisions relating to countervailing duties apply to nonmarket economy countries, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tribal Economic Assistance Act of 2017''. SEC. 2. TREATMENT OF INDIAN TRIBES AS STATES WITH RESPECT TO BOND ISSUANCE. (a) Repeal of Essential Governmental Function Requirement.--Section 7871 of the Internal Revenue Code of 1986 is amended by striking subsections (b) and (e). (b) Effective Date.--The amendments made by this section shall apply to transactions after, and obligations issued in calendar years beginning after, the date of the enactment of this Act. SEC. 3. MAKING PERMANENT THE INDIAN EMPLOYMENT CREDIT AND DEPRECATION RULES FOR BUSINESS PROPERTY ON INDIAN RESERVATIONS. (a) Indian Employment Credit.-- (1) In general.--Section 45A of the Internal Revenue Code of 1986 is amended by striking subsection (f). (2) Effective date.--The amendment made by this subsection shall apply to taxable years beginning after December 31, 2016. (b) Accelerated Depreciation for Business Property on an Indian Reservation.-- (1) In general.--Section 168(j) of the Internal Revenue Code of 1986 is amended by striking paragraph (9). (c) Effective Date.--The amendment made by this subsection shall apply to property placed in service after December 31, 2016. SEC. 4. PRIORITY UNDER NEW MARKETS TAX CREDIT FOR QUALIFIED LOW-INCOME COMMUNITY INVESTMENTS ON INDIAN RESERVATIONS. (a) In General.--Subsection (f) of section 45D of the Internal Revenue Code of 1986 is amended-- (1) in paragraph (2)-- (A) in subparagraph (A), by striking ``or'' at the end; (B) in subparagraph (B), by striking the period and inserting ``, or''; and (C) by adding at the end the following new subparagraph: ``(C) which intends to make qualified low-income community investments within a reservation, including any such entity established by a tribe or an economic enterprise which intends to make such investments within a reservation.''; and (2) by adding at the end the following new paragraph: ``(4) Definitions.--For purposes of subparagraph (C) of paragraph (2), the terms `reservation', `tribe', and `economic enterprise' shall have the same meanings given such terms under section 3 of the Indian Financing Act of 1974 (25 U.S.C. 1452).''. (b) Effective Date.--The amendments made by this section shall apply to calendar years beginning after December 31, 2017. SEC. 5. AUTHORIZATION TO ESTABLISH QUALIFIED INDIAN SCHOOL CONSTRUCTION BOND ESCROW ACCOUNT. (a) Authorization To Establish Qualified Indian School Construction Bond Escrow Account.-- (1) In general.--Part B of title II of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5351) is amended by adding at the end the following: ``SEC. 204A. AUTHORIZATION TO ESTABLISH QUALIFIED INDIAN SCHOOL CONSTRUCTION BOND ESCROW ACCOUNT. ``(a) Definitions.--In this section: ``(1) Federal escrow account.--The term `Federal escrow account' means the qualified Indian school construction bond escrow account established under subsection (b). ``(2) Qualified indian school construction bond.--The term `qualified Indian school construction bond' means a bond for which the Secretary of the Interior has provided an allocation pursuant to the authority provided to the Secretary under section 54F(d)(4) of the Internal Revenue Code. ``(3) Secretary.--The term `Secretary' means the Secretary of the Interior. ``(b) In General.--Pursuant to the authority granted under section 54F(d)(4) of the Internal Revenue Code of 1986, the Secretary shall establish a Federal qualified Indian school construction bond escrow account for the purpose of implementing such section. ``(c) Use of Escrow Account.--The Secretary shall use amounts available under the Federal escrow account to carry out a qualified Indian school construction bond program for schools funded by the Bureau of Indian Affairs, through which-- ``(1) the Secretary shall approve qualified school construction bonds to the extent that amounts are available in the Federal escrow account to support the bonds pursuant to paragraph (2); ``(2) upon the Secretary's approval of a request for a qualified school construction bond, the Secretary shall deposit, from amounts available in the Federal escrow account, the amount described in paragraph (4) in an individual bond escrow account that shall be managed for such qualified school construction bond; ``(3) the funds for the individual bond escrow account shall be held by the Federal Government or in an insured depository institution, as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813), and shall be invested in appropriate Treasury securities; and ``(4) the amount of the funds provided for the individual bond escrow account shall be an amount sufficient to repay the face value of the bond in a 15-year period, based on the investment required under paragraph (3). ``(d) Transfer to Escrow Account.-- ``(1) In general.--The Secretary shall deposit in the Federal escrow account such sums as are made available to implement this section and section 54F(d)(4) of the Internal Revenue Code of 1986. ``(2) Other funds.--The Secretary may accept and deposit in the Federal escrow account amounts received to carry out this section from any other source, including Federal agencies, non- Federal public agencies, Indian Tribes, nonprofit organizations, and private sector entities.''. (2) Conforming amendments.--Section 204 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5351) is amended by striking ``this part B'' each place the term appears and inserting ``this section''. (b) Use of Bonds for Reasonable and Necessary Preconstruction Costs.--Section 54F(d)(4) of the Internal Revenue Code of 1986 is amended by striking ``Affairs.'' and inserting ``Affairs, which may include paying the reasonable and necessary predevelopment costs directly associated with such construction, rehabilitation, or repair.''.

Tribal Economic Assistance Act of 2017 This bill amends the Internal Revenue Code to extend and modify several tax provisions relating to Indian reservations. The bill: repeals a provision that limits an Indian tribal government's eligibility for certain excise tax exemptions to transactions involving the exercise of an essential government function; makes permanent the special depreciation rules for property used predominantly within an Indian reservation; makes permanent the Indian employment tax credit; requires the Department of the Treasury to give priority to qualified low-income community investments on Indian reservations when allocating new markets tax credits; and allows qualified school construction bonds allocated for schools funded by the Bureau of Indian Affairs to be used for reasonable and necessary predevelopment costs directly associated with the construction, rehabilitation, or repair of a school. The bill also amends the Indian Self-Determination and Education Assistance Act to establish a federal escrow account to carry out a qualified Indian school construction bond program for schools funded by the Bureau of Indian Affairs.

{"src": "billsum_train", "title": "Tribal Economic Assistance Act of 2017"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Possessions and Territories Criminal Law Clarification Act''. SEC. 2. APPLICATION OF VARIOUS OFFENSES TO POSSESSIONS AND TERRITORIES. (a) Sections 241 and 242 of title 18, United States Code, are each amended by striking ``any State, Territory, or District'' and inserting ``any State, Territory, Commonwealth, Possession, or District''. (b) Sections 793(h)(1) and 794(d)(1) of title 18, United States Code, are each amended by adding at the end the following: ``For the purposes of this subsection, the term `State' includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.''. (c) Section 925(a)(5) of title 18, United States Code, is amended by striking ``For the purpose of paragraphs (3) and (4)'' and inserting ``For the purpose of paragraph (3)''. (d) Sections 1014 and 2113(g) of title 18, United States Code, are each amended by adding at the end the following: ``The term `State- chartered credit union' includes a credit union chartered under the laws of a State of the United States, the District of Columbia, or any commonwealth, territory, or possession of the United States.''. (e) Section 1073 of title 18, United States Code, is amended by adding at the end of the first paragraph the following: ``For the purposes of clause (3) of this paragraph, the term `State' includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.''. (f) Section 1715 of title 18, United States Code, is amended by striking ``State, Territory, or District'' each place those words appear and inserting ``State, Territory, Commonwealth, Possession, or District''. (g) Section 1716 of title 18, United States Code, is amended-- (1) in subsection (g)(2) by striking ``State, Territory, or the District of Columbia'' and inserting ``State''; (2) in subsection (g)(3) by striking ``the municipal government of the District of Columbia or of the government of any State or territory, or any county, city, or other political subdivision of a State'' and inserting ``any State, or any political subdivision of a State''; and (3) by adding at the end the following: ``(j) For purposes of this section, the term `State' includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.''. (h) Section 1761 of title 18, United States Code, is amended by adding at the end the following new subsection: ``(d) For the purposes of this section, the term `State' means a State of the United States and any commonwealth, territory, or possession of the United States.''. (i) Section 3156(a) of title 18, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (3); (2) by striking the period and inserting ``; and'' at the end of paragraph (4); and (3) by adding at the end the following new paragraph: ``(5) the term `State' includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.''. (j) Section 102 of the Controlled Substances Act (21 U.S.C. 802) is amended-- (1) by amending paragraph (26) to read as follows: ``(26) The term `State' means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.''; and (2) by redesignating paragraph (43), as added by section 90105(d) of the Violent Crime Control and Law Enforcement Act of 1994, as paragraph (44). (k) Section 1121 of title 18, United States Code, is amended by adding at the end the following new subsection: ``(c) For the purposes of this section, the term `State' means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.''. (l) Section 228(d)(2) of title 18, United States Code, is amended by inserting ``commonwealth,'' before ``possession or territory of the United States''. (m) Section 1546(c) of title 18, United States Code, is amended by adding at the end the following: ``For purposes of this section, the term `State' means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.''. (n) Section 1541 of title 18, United States Code, is amended-- (1) in the first undesignated paragraph, by striking ``or possession''; and (2) by adding at the end the following new paragraph: ``For purposes of this section, the term `State' means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.''. (o) Section 37(c) of title 18, United States Code, is amended in the final sentence by inserting before the period the following: ``, and the term `State' means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States''. (p) Section 2281(c) of title 18, United States Code, is amended in the final sentence by inserting before the period the following: ``, and the term `State' means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States''. (q) Section 521(a) of title 18, United States Code, is amended by adding at the end the following: ```State' means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.''. SEC. 3. EFFECTIVE DATE. This Act and the amendments made by this Act shall apply to offenses committed on or after the date of enactment of this Act. Passed the Senate December 14, 1995. Attest: KELLY D. JOHNSTON, Secretary.

Possessions and Territories Criminal Law Clarification Act - Makes technical and conforming amendments to specify the applicability to the territories, possessions, and commonwealths of the United States and the District of Columbia of specified provisions of the Federal criminal code and the Controlled Substances Act (including provisions regarding a conspiracy against rights, the deprivation of rights under color of law, espionage, censorship, firearms exemptions, fraud or false statements to financial institutions, bank robbery or burglary, the mailing of firearms, and criminal street gangs).

{"src": "billsum_train", "title": "Possessions and Territories Criminal Law Clarification Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Education Flexibility Partnership Act of 1999''. SEC. 2. FINDINGS. Congress makes the following findings: (1) States differ substantially in demographics, in school governance, and in school finance and funding. The administrative and funding mechanisms that help schools in 1 State improve may not prove successful in other States. (2) Although the Elementary and Secondary Education Act of 1965 and other Federal education statutes afford flexibility to State and local educational agencies in implementing Federal programs, certain requirements of Federal education statutes or regulations may impede local efforts to reform and improve education. (3) By granting waivers of certain statutory and regulatory requirements, the Federal Government can remove impediments for local educational agencies in implementing educational reforms and raising the achievement levels of all children. (4) State educational agencies are closer to local school systems, implement statewide educational reforms with both Federal and State funds, and are responsible for maintaining accountability for local activities consistent with State standards and assessment systems. Therefore, State educational agencies are often in the best position to align waivers of Federal and State requirements with State and local initiatives. (5) The Education Flexibility Partnership Demonstration Act allows State educational agencies the flexibility to waive certain Federal requirements, along with related State requirements, but allows only 12 States to qualify for such waivers. (6) Expansion of waiver authority will allow for the waiver of statutory and regulatory requirements that impede implementation of State and local educational improvement plans, or that unnecessarily burden program administration, while maintaining the intent and purposes of affected programs, and maintaining such fundamental requirements as those relating to civil rights, educational equity, and accountability. (7) To achieve the State goals for the education of children in the State, the focus must be on results in raising the achievement of all students, not process. SEC. 3. DEFINITIONS. In this Act: (1) Local educational agency; state educational agency.-- The terms ``local educational agency'' and ``State educational agency'' have the meaning given such terms in section 14101 of the Elementary and Secondary Education Act of 1965. (2) Outlying areas.--The term ``outlying areas'' means Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, the Republic of Palau, the Republic of the Marshall Islands, and the Federated States of Micronesia. (3) Secretary.--The term ``Secretary'' means the Secretary of Education. (4) State.--The term ``State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas. SEC. 4. EDUCATION FLEXIBILITY PARTNERSHIP. (a) Education Flexibility Program.-- (1) Program authorized.-- (A) In general.--The Secretary may carry out an education flexibility program under which the Secretary authorizes a State educational agency that serves an eligible State to waive statutory or regulatory requirements applicable to 1 or more programs or Acts described in subsection (b), other than requirements described in subsection (c), for the State educational agency or any local educational agency or school within the State. (B) Designation.--Each eligible State participating in the program described in subparagraph (A) shall be known as an ``Ed-Flex Partnership State''. (2) Eligible state.--For the purpose of this subsection the term ``eligible State'' means a State that-- (A)(i) has-- (I) developed and implemented the challenging State content standards, challenging State student performance standards, and aligned assessments described in section 1111(b) of the Elementary and Secondary Education Act of 1965, including the requirements of that section relating to disaggregation of data, and for which local educational agencies in the State are producing the individual school performance profiles required by section 1116(a) of such Act; or (II) made substantial progress, as determined by the Secretary, toward developing and implementing the standards and assessments, and toward having local educational agencies in the State produce the profiles, described in subclause (I); and (ii) holds local educational agencies and schools accountable for meeting the educational goals described in the local applications submitted under paragraph (4), and for taking corrective actions, consistent with section 1116 of the Elementary and Secondary Education Act of 1965, for the local educational agencies that do not meet the goals; and (B) waives State statutory or regulatory requirements relating to education while holding local educational agencies or schools within the State that are affected by such waivers accountable for the performance of the students who are affected by such waivers. (3) State application.-- (A) In general.--Each State educational agency desiring to participate in the education flexibility program under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. Each such application shall demonstrate that the eligible State has adopted an educational flexibility plan for the State that includes-- (i) a description of the process the State educational agency will use to evaluate applications from local educational agencies or schools requesting waivers of-- (I) Federal statutory or regulatory requirements as described in paragraph (1)(A); and (II) State statutory or regulatory requirements relating to education; and (ii) a detailed description of the State statutory and regulatory requirements relating to education that the State educational agency will waive. (B) Approval and considerations.--The Secretary may approve an application described in subparagraph (A) only if the Secretary determines that such application demonstrates substantial promise of assisting the State educational agency and affected local educational agencies and schools within such State in carrying out comprehensive educational reform, after considering-- (i) the comprehensiveness and quality of the educational flexibility plan described in subparagraph (A); (ii) the ability of such plan to ensure accountability for the activities and goals described in such plan; (iii) the significance of the State statutory or regulatory requirements relating to education that will be waived; and (iv) the quality of the State educational agency's process for approving applications for waivers of Federal statutory or regulatory requirements as described in paragraph (1)(A) and for monitoring and evaluating the results of such waivers. (4) Local application.-- (A) In general.--Each local educational agency or school requesting a waiver of a Federal statutory or regulatory requirement as described in paragraph (1)(A) and any relevant State statutory or regulatory requirement from a State educational agency shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may reasonably require. Each such application shall-- (i) indicate each Federal program affected and the statutory or regulatory requirement that will be waived; (ii) describe the purposes and overall expected results of waiving each such requirement; (iii) describe for each school year specific, measurable, educational goals for each local educational agency or school affected by the proposed waiver; and (iv) explain why the waiver will assist the local educational agency or school in reaching such goals. (B) Evaluation of applications.--A State educational agency shall evaluate an application submitted under subparagraph (A) in accordance with the State's educational flexibility plan described in paragraph (3)(A). (C) Approval.--A State educational agency shall not approve an application for a waiver under this paragraph unless-- (i) the local educational agency or school requesting such waiver has developed a local reform plan that is applicable to such agency or school, respectively; and (ii) the waiver of Federal statutory or regulatory requirements as described in paragraph (1)(A) will assist the local educational agency or school in reaching its educational goals. (5) Monitoring.--Each State educational agency participating in the program under this section shall annually monitor the activities of local educational agencies and schools receiving waivers under this section and shall submit an annual report regarding such monitoring to the Secretary. (6) Duration of federal waivers.-- (A) In general.--The Secretary shall not approve the application of a State educational agency under paragraph (3) for a period exceeding 5 years, except that the Secretary may extend such period if the Secretary determines that such agency's authority to grant waivers has been effective in enabling such State or affected local educational agencies or schools to carry out their local reform plans. (B) Performance review.--The Secretary shall periodically review the performance of any State educational agency granting waivers of Federal statutory or regulatory requirements as described in paragraph (1)(A) and shall terminate such agency's authority to grant such waivers if the Secretary determines, after notice and opportunity for hearing, that such agency's performance has been inadequate to justify continuation of such authority. (7) Authority to issue waivers.--Notwithstanding any other provision of law, the Secretary is authorized to carry out the education flexibility program under this subsection for each of the fiscal years 2000 through 2004. (b) Included Programs.--The statutory or regulatory requirements referred to in subsection (a)(1)(A) are any such requirements under the following programs or Acts: (1) Title I of the Elementary and Secondary Education Act of 1965. (2) Part A of title II of the Elementary and Secondary Education Act of 1965. (3) Subpart 2 of part A of title III of the Elementary and Secondary Education Act of 1965 (other than section 3136 of such Act). (4) Title IV of the Elementary and Secondary Education Act of 1965. (5) Title VI of the Elementary and Secondary Education Act of 1965. (6) Part C of title VII of the Elementary and Secondary Education Act of 1965. (7) The Carl D. Perkins Vocational and Technical Education Act of 1998. (c) Waivers Not Authorized.--The Secretary may not waive any statutory or regulatory requirement of the programs or Acts authorized to be waived under subsection (a)(1)(A)-- (1) relating to-- (A) maintenance of effort; (B) comparability of services; (C) the equitable participation of students and professional staff in private schools; (D) parental participation and involvement; (E) the distribution of funds to States or to local educational agencies; (F) use of Federal funds to supplement, not supplant, non-Federal funds; and (G) applicable civil rights requirements; and (2) unless the underlying purposes of the statutory requirements of each program or Act for which a waiver is granted continue to be met to the satisfaction of the Secretary. (d) Construction.--Nothing in this Act shall be construed to affect the authority of a State educational agency that has been granted waiver authority under the following provisions of law: (1) Section 311(e) of the Goals 2000: Educate America Act. (2) The proviso referring to such section 311(e) under the heading ``education reform'' in the Department of Education Appropriations Act, 1996 (Public Law 104-134; 110 Stat. 1321- 229). (e) Accountability.--In deciding whether to extend a request for a State educational agency's authority to issue waivers under this section, the Secretary shall review the progress of the State education agency, local educational agency, or school affected by such waiver or authority to determine if such agency or school has made progress toward achieving the desired results described in the application submitted pursuant to subsection (e)(4)(A)(ii). (f) Publication.--A notice of the Secretary's decision to authorize State educational agencies to issue waivers under this section shall be published in the Federal Register and the Secretary shall provide for the dissemination of such notice to State educational agencies, interested parties, including educators, parents, students, advocacy and civil rights organizations, other interested parties, and the public.

Education Flexibility Partnership Act of 1999 - Authorizes the Secretary of Education to allow all States to participate in the Education Flexibility Partnership (Ed-Flex Partnership) program. (Sec. 4) Requires Ed-Flex Partnership States to: (1) have approved challenging content standards, challenging performance measures, and aligned assessments in place or have made substantial progress towards having an approved plan under title I of the Elementary and Secondary Education Act of 1965 (ESEA); (2) hold local educational agencies (LEAs) accountable for meeting the educational goals submitted in their local applications for waivers, and for taking corrective actions if they have not met such goals; and (3) waive State educational requirements while holding LEAs or schools affected by such waivers accountable for student performance. Sets forth requirements for: (1) State educational agency (SEA) applications and approval by the Secretary; and (2) local applications and approval and monitoring by SEAs. Limits Federal waivers to five years, unless the Secretary extends such period upon determining that such waiver authority has been effective in enabling such SEAs or affected LEAs or schools to carry out local reform plans. Authorizes the Secretary to carry out the Ed-Flex Partnership program for FY 2000 through 2004. Includes as statutory or regulatory requirements that may be waived under this Act those of programs under the Carl D. Perkins Vocational and Technical Education Act of 1998, and of the following programs under ESEA: (1) title I Helping Disadvantaged Children Meet High Standards; (2) part A Federal Activities under the title II Dwight D. Eisenhower Professional Development Program; (3) subpart 2 State and Local Programs for School Technology Resources (with specified exceptions), under part A Technology Education for All Students, of title III Technology for Education; (4) title IV Safe and Drug-Free Schools and Communities; (5) title VI Innovative Education Program Strategies; and (6) the part C Emergency Immigrant Education Program under title VII Bilingual Education, Language Enhancement, and Language Acquisition Programs. Prohibits waivers for specified types of requirements. Provides that this Act shall not affect the authority of any SEA under the Ed-Flex Demonstration program of the Goals 2000: Educate America Act. Sets forth accountability requirements. Requires the Secretary, in deciding whether to extend the authority of an SEA to issue waivers, to review the progress of the SEA, LEA, or school affected by the waiver or authority toward the desired results described in its application.

{"src": "billsum_train", "title": "Education Flexibility Partnership Act of 1999"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Empowering America Act of 2006''. SEC. 2. EXTENSION AND MODIFICATION OF CREDIT FOR RESIDENTIAL ENERGY EFFICIENT PROPERTY. (a) Extension.--Subsection (g) of section 25D of the Internal Revenue Code of 1986 (relating to termination) is amended by striking ``2007'' and inserting ``2015''. (b) Modification of Maximum Credit.--Paragraph (1) of section 25D(b) of such Code (relating to limitations) is amended to read as follows: ``(1) Maximum credit.--The credit allowed under subsection (a) for any taxable year shall not exceed-- ``(A) $2,000 with respect to each half kilowatt of capacity of qualified photovoltaic property for which qualified photovoltaic property expenditures are made, ``(B) $2,000 with respect to any qualified solar water heating property expenditures, and ``(C) $500 with respect to each half kilowatt of capacity of qualified fuel cell property (as defined in section 48(c)(1)) for which qualified fuel cell property expenditures are made.''. (c) Credit Allowed Against Alternative Minimum Tax.-- (1) In general.--Section 25D(b) of such Code (as amended by subsection (b)) is amended by adding at the end the following new paragraph: ``(3) Credit allowed against alternative minimum tax.--The credit allowed under subsection (a) for the 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 subpart A of part IV of subchapter A and section 27 for the taxable year.''. (2) Conforming amendment.--Subsection (c) of section 25D of such Code is amended to read as follows: ``(c) Carryforward of Unused Credit.--If the credit allowable under subsection (a) for any taxable year exceeds the limitation imposed by subsection (b)(3) 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 succeeding taxable year.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006. SEC. 3. EXTENSION AND MODIFICATION OF CREDIT FOR NONBUSINESS ENERGY PROPERTY. (a) Extension.--Subsection (g) of section 25C of the Internal Revenue Code of 1986 (relating to termination) is amended by striking ``2007'' and inserting ``2015''. (b) Modification of Credit Amount.--Section 25C of such Code (relating to nonbusiness energy property) is amended-- (1) in subsection (a)(1), by striking ``10 percent'' and inserting ``15 percent'', and (2) in subsection (b)-- (A) in paragraph (1), by striking ``$500'' and inserting ``$1,000'', (B) in paragraph (2), by striking ``$200'' and inserting ``$500'', and (C) in paragraph (3)-- (i) in subparagraph (A), by striking ``$50'' and inserting ``$150'', (ii) in subparagraph (B), by striking ``$150'' and inserting ``$300'', and (iii) in subparagraph (C), by striking ``$300'' and inserting ``$500''. (c) Credit Allowed Against Alternative Minimum Tax.--Section 25C(b) of such Code (as amended by subsection (b)(2)) is amended by adding at the end the following new paragraph: ``(4) Credit allowed against alternative minimum tax.--The credit allowed under subsection (a) for the 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 subpart A of part IV of subchapter A and section 27 for the taxable year.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006. SEC. 4. EXTENSION AND MODIFICATION OF ENERGY EFFICIENT COMMERCIAL BUILDINGS DEDUCTION. (a) Extension.--Subsection (h) of section 179D of the Internal Revenue Code of 1986 (relating to termination) is amended by striking ``2007'' and inserting ``2015''. (b) Modification of Maximum Deduction.--Subparagraph (A) of section 179D(b)(1)(A) of such Code (relating to maximum amount of deduction) is amended by striking ``$1.80'' and inserting ``$2.00''. (c) Modification of Partial Allowance.--Subparagraph (A) of section 179D(d)(1) of such Code (relating to partial allowance) is amended in the flush text following clause (ii) by striking ``substituting `$.60' for `$1.80''' and inserting ``substituting `$.75' for `$2.00'''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006. SEC. 5. EXTENSION OF ENERGY CREDIT FOR EQUIPMENT WHICH USES SOLAR ENERGY. (a) In General.--Subsection (a) of section 48 of the Internal Revenue Code of 1986 (relating to energy credit) is amended-- (1) in paragraph (2)(A)(i)(II) by striking ``2008'' and inserting ``2015'', and (2) in paragraph (3)(A)(ii) by striking ``2008'' and inserting ``2015''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006. SEC. 6. STUDY ON EFFECTIVENESS OF ENERGY EFFICIENCY TAX INCENTIVES. (a) Study.--The Secretary of Energy, in collaboration with the Secretary of the Treasury, shall conduct a study on the effectiveness of the conservation and energy efficiency tax incentives enacted in subtitle C of the Energy Tax Incentives Act of 2005 that includes an analysis of the rate of participation with respect to such tax incentives and recommendations for additional measures that could be taken to increase the rate of participation. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary of Energy shall transmit to Congress a report on the results of the study conducted pursuant to subsection (a). SEC. 7. ENERGY EFFICIENT APPLIANCE REBATE PROGRAMS. Section 124(f) of the Energy Policy Act of 2005 (42 U.S.C. 15821(f)) is amended by striking ``2010'' and inserting ``2015''. SEC. 8. SOLAR ENERGY SYSTEMS BUILDING PERMIT REQUIREMENTS FOR RECEIPT OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. Section 104 of the Housing and Community Development Act of 1974 (42 U.S.C. 5304) is amended by adding at the end the following new subsection: ``(n) Requirements for Building Permits Regarding Solar Energy Systems.-- ``(1) In general.--A grant under section 106 for a fiscal year may be made only if the grantee certifies to the Secretary that-- ``(A) in the case of a grant under section 106(a) for any Indian tribe or insular area, during such fiscal year the cost of any permit or license, for construction or installation of any solar energy system for any structure, that is required by the tribe or insular area or by any other unit of general local government or other political subdivision of such tribe or insular area, complies with paragraph (2); ``(B) in the case of a grant under section 106(b) for any metropolitan city or urban county, during such fiscal year the cost of any permit or license, for construction or installation of any solar energy system for any structure, that is required by the metropolitan city or urban county, or by any other political subdivision of such city or county, complies with paragraph (2); and ``(C) in the case of a grant under section 106(d) for any State, during such fiscal year the cost of any permit or license, for construction or installation of any solar energy system for any structure, that is required by the State, or by any other unit of general local government within any nonentitlement area of such State, or other political subdivision within any nonentitlement area of such State or such a unit of general local government, complies with paragraph (2). ``(2) Limitation on cost.--The cost of permit or license for construction or installation of any solar energy system complies with this paragraph only if such cost does not exceed the following amount: ``(A) Residential structures.--In the case of a structure primarily for residential use, $500. ``(B) Nonresidential structures.--In the case of a structure primarily for nonresidential use, 1.0 percent of the total cost of the installation or construction of the solar energy system. ``(3) Noncompliance.--If the Secretary determines that a grantee of a grant made under section 106 is not in compliance with a certification under paragraph (1)-- ``(A) the Secretary shall notify the grantee of such determination; and ``(B) if the grantee has not corrected such noncompliance before the expiration of the 6-month period beginning upon notification under subparagraph (A), such grantee shall not be eligible for a grant under section 106 for the first fiscal year that commences after the expiration of such 6-month period. ``(4) Solar energy system.--For purposes of this subsection, the term `solar energy system' means, with respect to a structure, equipment that uses solar energy to generate electricity for, or to heat or cool (or provide hot water for use in), such structure.''. SEC. 9. PROHIBITION OF RESTRICTIONS ON RESIDENTIAL INSTALLATION OF SOLAR ENERGY SYSTEM. (a) Regulations.--Within 180 days after the enactment of this Act, the Secretary of Housing and Urban Development, in consultation with the Secretary of Energy, shall issue regulations-- (1) to prohibit any private covenant, contract provision, lease provision, homeowners' association rule or bylaw, or similar restriction, that impairs the ability of the owner or lessee of any residential structure designed for occupancy by one family to install, construct, maintain, or use a solar energy system on such residential property; and (2) to require that whenever any such covenant, provision, rule or bylaw, or restriction requires approval for the installation or use of a solar energy system, the application for approval shall be processed and approved by the appropriate approving entity in the same manner as an application for approval of an architectural modification to the property, and shall not be willfully avoided or delayed. (b) Contents.--Such regulations shall provide that-- (1) such a covenant, provision, rule or bylaw, or restriction impairs the installation, construction, maintenance, or use of a solar energy system if it-- (A) unreasonably delays or prevents installation, maintenance, or use; (B) unreasonably increases the cost of installation, maintenance, or use; or (C) precludes use of such a system; and (2) any fee or cost imposed on the owner or lessee of such a residential structure by such a covenant, provision, rule or bylaw, or restriction shall be considered unreasonable if-- (A) such fee or cost is not reasonable in comparison to the cost of the solar energy system or the value of its use; or (B) treatment of solar energy systems by the covenant, provision, rule or bylaw, or restriction is not reasonable in comparison with treatment of comparable systems by the same covenant, provision, rule or bylaw, or restriction. (c) Solar Energy System.--For purposes of this section, the term ``solar energy system'' means, with respect to a structure, equipment that uses solar energy to generate electricity for, or to heat or cool (or provide hot water for use in), such structure. SEC. 10. CENTER FOR ADVANCED SOLAR RESEARCH. (a) Establishment.--The Secretary of Energy shall establish a Center for Advanced Solar Research and Development within the Office of Energy Efficiency and Renewable Energy to carry out an advanced solar research and development program to coordinate and promote the further development of solar technologies. This program shall include a competitive grant program for academia and private research in solar technologies. The Center shall serve as a clearinghouse for United States solar research and development, supporting research, development, and demonstration of advanced solar energy systems. The Center shall advance-- (1) performance, reliability, environmental impact, and cost-competiveness of solar thermal and photovoltaic technologies; (2) large-scale photovoltaic and solar thermal power plants; (3) thermal and electricity storage technologies to enhance the dispatchability of solar energy; (4) fuel production technologies using solar energy; (5) innovation in manufacturing techniques and processes for solar energy systems; (6) materials and devices to improve photovoltaic conversion efficiencies and reduce costs; (7) policy analysis aimed at increasing use of solar energy technologies, and monitoring the effectiveness of existing policies; and (8) comprehensive solar systems integration. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Energy for carrying out this section $250,000,000 for each of the fiscal years 2007 through 2011, to remain available until expended.

Empowering America Act of 2006 - Amends the Internal Revenue Code to increase and extend through 2015: (1) the tax credit for residential energy efficient property; (2) the tax credit for nonbusiness energy property; and (3) the tax deduction for energy efficient commercial buildings. Extends through 2015 the energy tax credit for equipment which uses solar energy. Amends the Energy Policy Act of 2005 to extend through FY2015 funding of energy efficient appliance rebate programs. Amends the Housing and Community Development Act of 1974 to require that states, counties, and Indian tribes which receive community development block grants limit the cost of permits or licenses for the construction or installation of solar energy systems in residential and nonresidential structures. Directs the Secretary of Housing and Urban Development to issue regulations to prohibit restrictions on the installation, construction, maintenance, or use of a solar energy system in a single family residence. Directs the Secretary of Energy to: (1) study the effectiveness of the conservation and energy efficiency tax incentives enacted by the Energy Tax Incentives Act of 2005 and report to Congress on such study; and (2) establish a Center for Advanced Solar Research and Development.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to extend and modify conservation and energy efficiency tax incentives, to extend the energy efficient appliance rebate program, to establish the Center for Advanced Solar Research, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Integrated Public Alert and Warning System Modernization Act of 2012''. SEC. 2. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM MODERNIZATION. (a) In General.--Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding at the end the following: ``SEC. 526. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM MODERNIZATION. ``(a) In General.--To provide timely and effective warnings regarding natural disasters, wars, acts of terrorism, other man-made disasters, and other hazards to public safety under this title, the Administrator shall-- ``(1) modernize the integrated public alert and warning system of the United States (in this section referred to as the `public alert and warning system') to ensure that under all conditions the President and, except to the extent the public alert and warning system is in use by the President, Federal agencies and State, tribal, and local governments can alert and warn the civilian population in areas endangered by a natural disaster, war, act of terrorism, other man-made disaster, or other hazard to public safety; and ``(2) implement the public alert and warning system. ``(b) Implementation Requirements.--In carrying out subsection (a), the Administrator shall-- ``(1) establish or adopt, as appropriate, common alerting and warning protocols, standards, terminology, and operating procedures for the public alert and warning system; ``(2) include in the public alert and warning system the capability to adapt the distribution and content of communications on the basis of geographic location, risks, and multiple communication systems and technologies, as appropriate; ``(3) include in the public alert and warning system the capability to alert, warn, and provide equivalent information to individuals with disabilities and individuals with limited English proficiency, to the extent technically feasible; ``(4) ensure training, tests, and exercises for the public alert and warning system are conducted, including-- ``(A) through exercises conducted under the National Exercise Program described in section 648 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 748), to the extent determined appropriate by the Administrator; ``(B) the conduct of periodic nationwide tests; and ``(C) by establishing and integrating into the National Incident Management System a comprehensive and periodic training program to instruct and educate Federal, State, tribal, and local government officials in the use of the Common Alerting Protocol enabled- Emergency Alert System; ``(5) conduct public education efforts so that State, tribal, and local governments, private entities, and the people of the United States understand the functions of the public alert and warning system and how to access, use, and respond to information from the public alert and warning system through a general market awareness campaign; ``(6) in coordination with the Secretary, ensure that the public alert and warning system coordinates with the National Terrorism Advisory System, including ensuring that the National Terrorism Advisory System participates in tests of the public alert and warning system; ``(7) consult, coordinate, and cooperate with the appropriate private sector entities and Federal, State, tribal, and local governmental authorities, including the Regional Administrators and emergency response providers; and ``(8) coordinate with, and consider the recommendations of, the subcommittee established under section 2(b) of the Integrated Public Alert and Warning System Modernization Act of 2012. ``(c) System Requirements.--The public alert and warning system shall-- ``(1) incorporate multiple communication systems and technologies, to the extent determined appropriate by the Administrator; ``(2) be designed to adapt to, and incorporate, future technologies for communicating directly with the public; ``(3) be designed to-- ``(A) provide alerts that are accessible to the largest portion of the affected population feasible, including individuals with disabilities, individuals with limited English proficiency, and nonresident visitors and tourists, to the extent technically feasible; and ``(B) improve the ability of remote areas to receive alerts; and ``(4) provide redundant alert mechanisms where practicable so as to reach the greatest number of people. ``(d) Pilot Programs.--The Administrator may conduct pilot programs for the purpose of demonstrating the feasibility of using a variety of methods for achieving the system requirements specified in subsection (c). ``(e) Use of System.-- ``(1) Limitation.--Except to the extent necessary for testing the public alert and warning system, the Administrator may not transmit a message from the President using the public alert and warning system that does not relate to a natural disaster, war, act of terrorism, other man-made disaster, or other hazard to public safety. ``(2) Consumer opt-out.--Nothing in this section shall be construed to supersede section 602 of the SAFE Port Act (47 U.S.C. 1201). ``(f) Performance Reports.-- ``(1) In general.--Not later than 1 year after the date of enactment of the Integrated Public Alert and Warning System Modernization Act of 2012, and annually thereafter through 2017, the Administrator shall make available on the public website of the Agency a performance report, which shall-- ``(A) establish performance goals for the implementation of the public alert and warning system by the Agency; ``(B) describe the performance of the public alert and warning system, including-- ``(i) the type of technology used for alerts and warnings issued under the system; ``(ii) the measures taken to alert, warn, and provide equivalent information to individuals with disabilities and individuals with limited English proficiency; and ``(iii) the training, tests, and exercises performed and the outcomes obtained by the Agency; ``(C) identify significant challenges to the effective operation of the public alert and warning system and any plans to address these challenges; ``(D) identify other necessary improvements to the system; and ``(E) provide an analysis comparing the performance of the public alert and warning system with the performance goals established under subparagraph (A). ``(2) Congress.--The Administrator shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives each report required under paragraph (1).''. (b) Integrated Public Alert and Warning System Modernization Subcommittee.-- (1) Establishment.--Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency (in this subsection referred to as the ``Administrator'') shall establish a subcommittee to the National Advisory Council established under section 508 of the Homeland Security Act of 2002 (6 U.S.C. 318) to be known as the Integrated Public Alert and Warning System Subcommittee (in this subsection referred to as the ``Subcommittee''). (2) Membership.--Notwithstanding section 508(c) of the Homeland Security Act of 2002 (6 U.S.C. 318(c)), the Subcommittee shall be composed of the following members: (A) The Chairman of the Federal Communications Commission (or the Chairman's designee). (B) The Administrator of the National Oceanic and Atmospheric Administration of the Department of Commerce (or the Administrator's designee). (C) The Assistant Secretary for Communications and Information of the Department of Commerce (or the Assistant Secretary's designee). (D) The Under Secretary for Science and Technology of the Department of Homeland Security (or the Under Secretary's designee). (E) The Under Secretary for the National Protection and Programs Directorate (or the Under Secretary's designee). (F) The Director of the Office of Disability Integration and Coordination of the Federal Emergency Management Agency. (G) Qualified individuals appointed by the Administrator as soon as practicable after the date of enactment of this Act from among the following: (i) Representatives of State and local governments, representatives of federally recognized Indian tribes and national tribal organizations, representatives of emergency management agencies, representatives of emergency response providers, and representatives of emergency communication providers. (ii) Individuals who have the requisite technical knowledge and expertise to serve on the Subcommittee, including representatives of-- (I) vendors, developers, and manufacturers of systems, facilities, equipment, and capabilities for the provision of communications services; (II) the broadcasting industry; (III) the cellular industry; (IV) the cable industry; (V) the satellite industry; (VI) consumer or privacy advocates; (VII) national organizations representing individuals with disabilities, the blindness, deaf, and hearing loss communities, and the elderly; and (VIII) organizations representing individuals with limited English proficiency. (iii) Qualified representatives of such other stakeholders and interested and affected parties as the Administrator considers appropriate. (3) Chairperson.--The Administrator (or the Administrator's designee) shall serve as the Chairperson of the Subcommittee. (4) Meetings.-- (A) Initial meeting.--The initial meeting of the Subcommittee shall take place not later than 180 days after the date of enactment of this Act. (B) Other meetings.--After the initial meeting, the Subcommittee shall meet, at least annually, at the call of the Chairperson. (5) Recommendations.--The Subcommittee may develop and submit under paragraph (6) recommendations for the continuation and improvement of the public alert and warning system, including-- (A) recommendations for common alerting and warning protocols, standards, terminology, and operating procedures for the public alert and warning system; (B) an assessment of the accomplishments and deficiencies of the public alert and warning system, as well as the impact on current alert and warning systems; and (C) recommendations for improvements to the public alert and warning system, including recommendations to provide for a public alert and warning system that-- (i) has the capability to adapt the distribution and content of communications on the basis of geographic location, risks, and multiple communication systems and technologies, as appropriate; (ii) has the capability to alert and warn individuals with disabilities and individuals with limited English proficiency; (iii) incorporates multiple communications technologies, to the extent determined appropriate by the Subcommittee; (iv) is designed to adapt to, and incorporate, future technologies for communicating directly with the public; (v) encourages proper use by State and local governments of the public alert and warning system through training programs and other means; (vi) is designed to provide alerts to the largest portion of the affected population feasible, including nonresident visitors and tourists, and improve the ability of remote areas to receive alerts; (vii) promotes local and regional public and private partnerships to enhance community preparedness and response; and (viii) provides redundant alert mechanisms where practicable so as to reach the greatest number of people regardless of whether they have access to, or use, any specific medium of communication or any particular device. (6) Reports.--The Subcommittee shall submit to the National Advisory Council established under section 508 of the Homeland Security Act of 2002 (6 U.S.C. 318) and the Administrator a report regarding any recommendations agreed to by the Subcommittee. (c) Authorization of Appropriations.--There are to be authorized to be appropriated such sums as may be necessary to carry out this Act and the amendments made by the Act for each of fiscal years 2013 through 2017. (d) Limitation on Statutory Construction.--Nothing in this section (including the amendments made by this section) shall be construed to affect the authority of the Department of Commerce or the Federal Communications Commission.

Integrated Public Alert and Warning System Modernization Act of 2012 - Amends the Homeland Security Act of 2002 to direct the Administrator of the Federal Emergency Management Agency (FEMA) to modernize and implement the integrated U.S. public alert and warning system to ensure that under all conditions the President, federal agencies, and state, tribal, and local governments can alert and warn the civilian population in areas endangered by a natural disaster, war, act of terrorism, other man-made disaster, or other hazard to public safety. Directs the Administrator to: (1) establish common alerting and warning protocols, standards, terminology, and operating procedures for the system; (2) include in such system the capability to adapt the distribution and content of communications on the basis of geographic location, risks, and multiple communication systems and technologies and to alert, warn, and provide equivalent information to individuals with disabilities or limited English proficiency; (3) ensure that specified training, tests, and exercises for such system are conducted; (4) conduct public education efforts and a general market awareness campaign about the system; and (5) ensure system coordination with the National Terrorism Advisory System. Requires the system to: (1) incorporate multiple communications technologies; (2) be designed to adapt to and incorporate future technologies for communicating directly with the public, to provide alerts to the largest portion of the affected population feasible, and to improve the ability of remote areas to receive alerts; and (3) provide redundant alert mechanisms. Authorizes the Administrator to conduct pilot programs for the purpose of demonstrating the feasibility of using a variety of methods for achieving system requirements. Directs the Administrator to establish a subcommittee to the National Advisory Council to be known as the Integrated Public Alert and Warning System Subcommittee to develop and submit recommendations for the continuation and improvement of the system.

{"src": "billsum_train", "title": "A bill to amend the Homeland Security Act of 2002 to direct the Administrator of the Federal Emergency Management Agency to modernize the integrated public alert and warning system of the United States, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Geologic Research Enhancement Act''. SEC. 2. DEFINITIONS. For the purposes of this Act: (1) Association.--The term ``Association'' means the Association of American State Geologists. (2) Director.--The term ``Director'' means the Director of the United States Geological Survey. (3) Federal component.--The term ``Federal component'' means the Federal component of the High Plains Aquifer Comprehensive Hydrogeologic Characterization, Mapping, Modeling, and Monitoring Program described in section 3(c). (4) High plains aquifer.--The term ``High Plains Aquifer'' is the groundwater reserve depicted as Figure 1 in the United States Geological Survey Professional Paper 1400-B, entitled ``Geohydrology of the High Plains Aquifer in Parts of Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas, and Wyoming.''. (5) High plains aquifer states.--The term ``High Plains Aquifer States'' means the States of Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas, and Wyoming. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) State component.--The term ``State component'' means the State component of the High Plains Aquifer Comprehensive Hydrogeologic Characterization, Mapping, Modeling, and Monitoring Program described in section 3(d). SEC. 3. ESTABLISHMENT. (a) Program.--The Secretary, working through the United States Geological Survey, and in cooperation with the State geological surveys and the water management agencies of the High Plains Aquifer States, shall establish and carry out the High Plains Aquifer Comprehensive Hydrogeolgoic Characterization, Mapping, Modeling, and Monitoring Program, for the purposes of the characterization, mapping, modeling, and monitoring of the High Plains Aquifer. The program shall undertake, on a county-by-county level or at the largest scales and most detailed levels determined to be appropriate on a State-by-State and regional basis, the following: (1) mapping of the hydrogeological configuration of the High Plains Aquifer; and (2) with respect to the High Plains Aquifer, analyses of the current and past rates at which groundwater is being withdrawn and recharged, the net rate of decrease or increase in High Plains Aquifer storage, the factors controlling the rate of horizontal and vertical migration of water within the High Plains Aquifer, and the current and past rate of loss of saturated thickness within the High Plains Aquifer. The program shall also develop, as needed, regional data bases and groundwater flow models. (b) Funding.--The Secretary shall make available 50 percent of the funds available pursuant to this Act for use in carrying out the State component of the program, as provided under subsection (d). (c) Federal Program Component.-- (1) Priorities.--The program shall include a Federal component, developed in consultation with the Federal Review Panel provided under subsection (e), which shall have as its priorities-- (A) coordinating Federal, State, and local, data, maps, and models into an integrated physical characterization of the High Plains Aquifer; (B) supporting State and local activities with scientific and technical specialists; and (C) undertaking activities and providing technical capabilities not available at the State and local levels. (2) Interdisciplinary studies.--The Federal component shall include interdisciplinary studies that add value to hydrogeologic characterization, mapping, modeling, and monitoring for the High Plains Aquifer. (d) State Program Component.-- (1) Priorities.--The program shall include a State component which shall have as its priorities hydrogeologic characterization, mapping, modeling, and monitoring activities in areas of the High Plains Aquifer that will assist in addressing issues relating to groundwater depletion and resource assessment of the Aquifer. Priorities under the State component shall be based upon the recommendations of State panels representing a broad range of users of hydrogeologic data and information, which shall be appointed by the Governor of the State or the Governor's designee. (2) Awards.--Twenty percent of the Federal funds available under the State component shall be equally divided among the State geological surveys of the High Plains Aquifer States to carry out the purposes of the program provided under this Act. The remaining funds under the State component shall be competitively awarded to State or local agencies or entities in the High Plains Aquifer States, including State geological surveys, State water management agencies, institutions of higher education, or consortia of such agencies or entities. Such funds shall be awarded by the Director only for proposals that have been recommended by the State panels referred to in paragraph (1), subject to independent peer review, and given final recommendation by the Federal Review Panel established under subsection (e). Proposals for multi-State activities must be recommended by the State panel of at least one of the affected States. (e) Federal Review Panel.-- (1) Establishment.--There shall be established a Federal Review Panel to evaluate the proposals submitted for funding under the State component under subsection (d)(2) and to recommend approvals and levels of funding. The Federal Review Panel shall review and coordinate the Federal component priorities under subsection (c)(1), Federal interdisciplinary studies under subsection (c)(2), and the State component priorities under subsection (d)(1). (2) Composition and support.--Not later than 3 months after the date of enactment of this Act, the Secretary shall appoint to the Federal Review Panel the following: (A) Two representatives of the United States Geological Survey, at least one of which shall be a hydrologist or hydrogeologist. (B) Three representatives of the geological surveys and water management agencies of the High Plains Aquifer States from lists of nominees provided by the Association and the Western States Water Council, so that there is representation of both the State geological surveys and the State water management agencies. Appointment to the Panel shall be for a term of 3 years. The Director shall provide technical and administrative support to the Federal Review Panel. Expenses for the Federal Review Panel shall be paid from funds available under the Federal component of the program. (f) Limitation.--The United States Geological Survey shall not use any of the Federal funds to be made available under the State component for any fiscal year to pay indirect, servicing, or program management charges. Recipients of awards granted under subsection (d)(2) shall not use more than 18 percent of the Federal award amount for any fiscal year for indirect, servicing, or program management charges. SEC. 4. PLAN. The Secretary, acting through the Director, shall, with the participation and review of the Association, the Western States Water Council, the Federal Review Panel, and the State panels, prepare a plan for the High Plains Aquifer Hydrogeologic Characterization, Mapping, Modeling, and Monitoring Program. The plan shall address overall priorities for the program and a management structure and program operations, including the role and responsibilities of the United States Geological Survey and the States in the program, and mechanisms for identifying priorities for the Federal component and the State component. SEC. 5. REPORTING REQUIREMENTS. (a) Report on Program Implementation.--One year after the date of enactment of this Act, and every 2 years thereafter through fiscal year 2011, the Secretary shall submit a report on the status of implementation of the program established by this Act to the Committee on Energy and Natural Resources of the Senate, the Committee on Resources of the House of Representatives, and the Governors of the High Plains Aquifer States. (b) Report on High Plains Aquifer.--One year after the date of enactment of this Act and every year thereafter through fiscal year 2011, the Secretary shall submit a report to the Committee on Energy and Natural Resources of the Senate, the Committee on Resources of the House of Representatives, and the Governors of the High Plains Aquifer States on the status of the High Plains Aquifer, including aquifer recharge rat

Geologic Research Enhancement Act - Directs the Secretary of the Interior, working through the United States Geological Survey, to establish and carry out the High Plains Aquifer Comprehensive Hydrogeologic Characterization, Mapping, Modeling and Monitoring Program.Requires the Program to: (1) undertake mapping of the hydrogeological configuration of the Aquifer; (2) perform analyses of the current and past rates at which groundwater is being withdrawn and recharged, the net rate of decrease or increase in Aquifer storage, the factors controlling the rate of migration of water, and the current and past rate of loss of saturated thickness within the Aquifer; and (3) develop necessary regional databases and groundwater flow models.Requires the Program to include a Federal component and a State component and lists priorities of each, including (respectively): (1) coordinating Federal, State, and local data, maps and models into an integrated physical characterization of the Aquifer; and (2) hydrogeologic characterization, mapping, modeling, and monitoring activities in areas of the Aquifer that will assist in addressing issues relating to groundwater depletion and resource assessment of the Aquifer.Provides for the establishment of a Federal Review Panel to evaluate the funding proposals submitted by entities of the High Plains Aquifer States.Directs the Secretary, acting through the Director of the U.S. Geological Survey, to prepare a plan for the Program to address overall priorities for the Program and a management structure and Program operations.

{"src": "billsum_train", "title": "To authorize the Secretary of the Interior to cooperate with the High Plains Aquifer States in conducting a hydrogeologic characterization, mapping, modeling and monitoring program for the High Plains Aquifer, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Criminal Antitrust Anti-Retaliation Act of 2015''. SEC. 2. AMENDMENT TO ACPERA. The Antitrust Criminal Penalty Enhancement and Reform Act of 2004 (Public Law 108-237; 15 U.S.C. 1 note) is amended by inserting after section 215 the following: ``SEC. 216. ANTI-RETALIATION PROTECTION FOR WHISTLEBLOWERS. ``(a) Whistleblower Protections for Employees, Contractors, Subcontractors, and Agents.-- ``(1) In general.--No employer may discharge, demote, suspend, threaten, harass, or in any other manner discriminate against a covered individual in the terms and conditions of employment of the covered individual because of any lawful act done by the covered individual-- ``(A) to provide or cause to be provided to the employer or the Federal Government information relating to-- ``(i) any violation of, or any act or omission the covered individual reasonably believes to be a violation of, the antitrust laws; or ``(ii) any violation of, or any act or omission the covered individual reasonably believes to be a violation of, another criminal law committed in conjunction with a potential violation of the antitrust laws or in conjunction with an investigation by the Department of Justice of a potential violation of the antitrust laws; or ``(B) to cause to be filed, testify in, participate in, or otherwise assist a Federal Government investigation or a Federal Government proceeding filed or about to be filed (with any knowledge of the employer) relating to-- ``(i) any violation of, or any act or omission the covered individual reasonably believes to be a violation of, the antitrust laws; or ``(ii) any violation of, or any act or omission the covered individual reasonably believes to be a violation of, another criminal law committed in conjunction with a potential violation of the antitrust laws or in conjunction with an investigation by the Department of Justice of a potential violation of the antitrust laws. ``(2) Limitation on protections.--Paragraph (1) shall not apply to any covered individual if-- ``(A) the covered individual planned and initiated a violation or attempted violation of the antitrust laws; ``(B) the covered individual planned and initiated a violation or attempted violation of another criminal law in conjunction with a violation or attempted violation of the antitrust laws; or ``(C) the covered individual planned and initiated an obstruction or attempted obstruction of an investigation by the Department of Justice of a violation of the antitrust laws. ``(3) Definitions.--In this section: ``(A) Antitrust laws.--The term `antitrust laws' means section 1 or 3 of the Sherman Act (15 U.S.C. 1 and 3). ``(B) Covered individual.--The term `covered individual' means an employee, contractor, subcontractor, or agent of an employer. ``(C) Employer.--The term `employer' means a person, or any officer, employee, contractor, subcontractor, or agent of such person. ``(D) Federal government.--The term `Federal Government' means-- ``(i) a Federal regulatory or law enforcement agency; or ``(ii) any Member of Congress or committee of Congress. ``(E) Person.--The term `person' has the same meaning as in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)). ``(4) Rule of construction.--The term `violation', with respect to the antitrust laws, shall not be construed to include a civil violation of any law that is not also a criminal violation. ``(b) Enforcement Action.-- ``(1) In general.--A covered individual who alleges discharge or other discrimination by any employer in violation of subsection (a) may seek relief under subsection (c) by-- ``(A) filing a complaint with the Secretary of Labor; or ``(B) if the Secretary of Labor has not issued a final decision within 180 days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the claimant, bringing an action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy. ``(2) Procedure.-- ``(A) In general.--A complaint filed with the Secretary of Labor under paragraph (1)(A) shall be governed under the rules and procedures set forth in section 42121(b) of title 49, United States Code. ``(B) Exception.--Notification made under section 42121(b)(1) of title 49, United States Code, shall be made to any individual named in the complaint and to the employer. ``(C) Burdens of proof.--A complaint filed with the Secretary of Labor under paragraph (1)(A) shall be governed by the legal burdens of proof set forth in section 42121(b) of title 49, United States Code. ``(D) Statute of limitations.--A complaint under paragraph (1)(A) shall be filed with the Secretary of Labor not later than 180 days after the date on which the violation occurs. ``(E) Civil actions to enforce.--If a person fails to comply with an order or preliminary order issued by the Secretary of Labor pursuant to the procedures set forth in section 42121(b) of title 49, United States Code, the Secretary of Labor or the person on whose behalf the order was issued may bring a civil action to enforce the order in the district court of the United States for the judicial district in which the violation occurred. ``(c) Remedies.-- ``(1) In general.--A covered individual prevailing in any action under subsection (b)(1) shall be entitled to all relief necessary to make the covered individual whole. ``(2) Compensatory damages.--Relief for any action under paragraph (1) shall include-- ``(A) reinstatement with the same seniority status that the covered individual would have had, but for the discrimination; ``(B) the amount of back pay, with interest; and ``(C) compensation for any special damages sustained as a result of the discrimination including litigation costs, expert witness fees, and reasonable attorney's fees. ``(d) Rights Retained by Whistleblowers.--Nothing in this section shall be deemed to diminish the rights, privileges, or remedies of any covered individual under any Federal or State law, or under any collective bargaining agreement.''. Passed the Senate July 22, 2015. Attest: Secretary. 114th CONGRESS 1st Session S. 1599 _______________________________________________________________________ AN ACT To provide anti-retaliation protections for antitrust whistleblowers.

(This measure has not been amended since it was reported to the Senate on July 16, 2015. Criminal Antitrust Anti-Retaliation Act of 2015 (Sec. 2) This bill amends the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 to prohibit an employer from discharging, demoting, suspending, harassing, or in any other manner discriminating against an employee, contractor, subcontractor, or agent of such employer (covered individual) who by a lawful act: (1) provided information to the employer or a federal regulatory or law enforcement agency, or any Member of Congress or congressional committee concerning a violation of antitrust law or of another criminal law committed in conjunction with a potential violation of antitrust law or in conjunction with an antitrust investigation by the Department of Justice; or (2) filed or caused to be filed, testified, participated, or otherwise assisted in a federal investigation or proceeding relating to such a violation. This protection does not extend, however, to any covered individual who planned and initiated such a violation or an obstruction to its investigation. A violation with respect to the antitrust laws shall not be construed to include a civil violation of any law that is not also a criminal violation. A covered individual who alleges discharge or other discrimination by an employer in violation of such prohibition is authorized to seek relief: (1) by filing a complaint with the Department of Labor; or (2) if Labor has not issued a final decision within 180 days of such filing, by bringing an action at law or equity in the appropriate U.S. district court. A covered individual who prevails in any such action is entitled to all relief necessary to make the individual whole, including reinstatement with the same status, back pay plus interest, and compensation for special damages sustained.

{"src": "billsum_train", "title": "Criminal Antitrust Anti-Retaliation Act of 2015"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Free Market Energy Act''. SEC. 2. DEFINITION OF DISTRIBUTED ENERGY RESOURCE. Section 3 of the Federal Power Act (16 U.S.C. 796) is amended by adding at the end the following: ``(30) Distributed energy resource.--The term `distributed energy resource' means a resource, technology, or service interconnected to the electricity distribution system that generates, manages, or reduces energy use.''. SEC. 3. GENERAL RIGHT TO NEUTRALITY OF INTERCONNECTION. The Public Utility Regulatory Policies Act of 1978 is amended by inserting after section 4 (16 U.S.C. 2603) the following: ``SEC. 5. GENERAL RIGHT TO NEUTRALITY OF INTERCONNECTION. ``(a) In General.--Distributed energy resources (as defined in section 3 of the Federal Power Act (16 U.S.C. 796)) shall have a general right of interconnection under this Act. ``(b) Rates and Fees.--States shall ensure that electric distribution grid operators adopt standards, conditions, and requirements for rates and fees for interconnection of distributed energy resources under this Act, that-- ``(1) are just and reasonable; ``(2) provide for the 2-way benefit for the distributed energy resource and the electricity grid; and ``(3) shall not be punitive. ``(c) Timeframes.-- ``(1) In general.--Timeframes for interconnection of distributed energy resources under this Act shall be well- defined, expeditious, and not unduly protracted. ``(2) Delays or denial.--An interconnection of distributed energy resources under this Act shall not be delayed or denied unless the electric utility demonstrates that the interconnection is unsafe or impracticable.''. SEC. 4. ENERGY AND RATE TREATMENTS FOR DISTRIBUTED ENERGY RESOURCES. Section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by adding at the end the following: ``(20) Distributed energy resources.-- ``(A) In general.--If a State regulatory authority considers, through a rate proceeding or another mechanism (such as consideration of fixed or minimum charges), modifying the treatment of net energy metering customers, the State regulatory authority shall consider requiring that distributed energy resources (as defined in section 3 of the Federal Power Act (16 U.S.C. 796)) be eligible to receive just and reasonable energy and rate treatment using dynamic pricing, which may account for locational benefit, to be provided on an unbundled basis, after accounting for the 2-way valuation of dynamic rates, for services provided to or provided by the grid, including the considerations with respect to the use of dynamic pricing described in subparagraph (B). ``(B) Considerations.--The considerations for the use of dynamic pricing referred to in subparagraph (A) include-- ``(i)(I) pricing for energy sold to an electric utility; and ``(II) pricing for energy purchased from an electric utility; ``(ii) capacity; ``(iii) the provision of ancillary services; ``(iv) the societal value of distributed energy resources; ``(v) transmission and distribution losses; and ``(vi) any other benefits that the State regulatory authority considers to be appropriate.''. SEC. 5. CONSIDERATION OF NONTRANSMISSION ALTERNATIVES. Section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) (as amended by section 4) is amended by adding at the end the following: ``(21) Nontransmission alternatives.-- ``(A) In general.--Each State regulatory authority or applicable Regional Transmission Organization or Independent System Operator shall consider nontransmission alternatives in instances in which an entity proposes transmission projects seeking cost-of- service rate recovery. ``(B) Cost.--To reduce the cost to the ratepayer of a potential transmission upgrade, a nontransmission alternative considered under subparagraph (A), the cost of the nontransmission alternative shall be recovered from the ratebase or regional recovery mechanism in the same manner as the transmission upgrade would have been.''. SEC. 6. PRIOR STATE ACTIONS. (a) In General.--Section 112 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622) is amended by adding at the end the following: ``(g) Prior State Actions.--Subsections (b) and (c) shall not apply to a standard established under paragraphs (20) and (21) of section 111(d) in the case of any electric utility in a State if, before the date of enactment of this subsection-- ``(1) the State has implemented for the electric utility the standard (or a comparable standard); ``(2) the State regulatory authority for the State, or the relevant nonregulated electric utility, has conducted a proceeding to consider implementation of the standard (or a comparable standard) for the electric utility; or ``(3) the State legislature has voted on the implementation of the standard (or a comparable standard) for the electric utility.''. (b) Cross-Reference.--Section 124 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2634) is amended by adding at the end the following: ``In the case of each standard established under paragraphs (20) and (21) of section 111(d), the reference contained in this subsection to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of those paragraphs.''. SEC. 7. EFFECT. Nothing in this Act (or an amendment made by this Act) shall apply to distributed energy resource contracts in effect on the date of enactment of this Act.

Free Market Energy Act This bill amends: (1) the Federal Power Act to define "distributed energy resource" as a resource, technology, or service interconnected to the electricity distribution system that generates, manages, or reduces energy use; and (2) the Public Utility Regulatory Policies Act of 1978 to provide that distributed energy resources shall have a general right of interconnection under such Act. States must ensure that electric distribution grid operators adopt requirements for interconnection rates and fees that are just and reasonable, that provide for the two-way benefit for the distributed energy resource and the electricity grid, and that are not punitive. Time frames for interconnection shall be well-defined, expeditious, and not unduly protracted. An interconnection may not be delayed or denied unless the electric utility demonstrates that the interconnection is unsafe or impracticable. A state regulatory authority that considers modifying the treatment of net energy metering customers must consider requiring that distributed energy resources be eligible to receive just and reasonable energy and rate treatment using dynamic pricing, which may account for locational benefit, to be provided on an unbundled basis, after accounting for the two-way valuation of dynamic rates, for services provided to or by the grid. Dynamic pricing considerations shall include: pricing for energy sold to, and pricing for energy purchased from, an electric utility, capacity, the provision of ancillary services, the societal value of distributed energy resources, and transmission and distribution losses. A state regulatory authority or applicable Regional Transmission Organization or Independent System Operator must consider nontransmission alternatives in instances in which an entity proposes transmission projects seeking cost-of-service rate recovery. To reduce the cost to the ratepayer of a potential transmission upgrade, the cost of the nontransmission alternative shall be recovered from the ratebase or regional recovery mechanism in the same manner as the transmission upgrade otherwise would have been.

{"src": "billsum_train", "title": "Free Market Energy Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Autism Collaboration, Accountability, Research, Education, and Support Act of 2014'' or the ``Autism CARES Act of 2014''. SEC. 2. NATIONAL AUTISM SPECTRUM DISORDER INITIATIVE. (a) In General.--The Secretary of Health and Human Services shall designate an existing official within the Department of Health and Human Services to oversee, in consultation with the Secretaries of Defense and Education, national autism spectrum disorder research, services, and support activities. (b) Duties.--The official designated under subsection (a) shall-- (1) implement autism spectrum disorder activities, taking into account the strategic plan developed by the Interagency Autism Coordinating Committee under section 399CC(b) of the Public Health Service Act (42 U.S.C. 280i-2(b)); and (2) ensure that autism spectrum disorder activities of the Department of Health and Human Services and of other Federal departments and agencies are not unnecessarily duplicative. SEC. 3. RESEARCH PROGRAM. Section 399AA of the Public Health Service Act (42 U.S.C. 280i) is amended-- (1) in subsection (a)(1), by inserting ``for children and adults'' after ``reporting of State epidemiological data''; (2) in subsection (b)(1)-- (A) by striking ``establishment of regional centers of excellence'' and inserting ``establishment or support of regional centers of excellence''; and (B) by inserting ``for children and adults'' before the period at the end; (3) in subsection (b)(2), by striking ``center to be established'' and inserting ``center to be established or supported''; and (4) in subsection (e), by striking ``2014'' and inserting ``2019''. SEC. 4. AUTISM INTERVENTION. Section 399BB of the Public Health Service Act (42 U.S.C. 280i-1) is amended-- (1) in subsection (b)(1), by inserting ``culturally competent'' after ``provide''; (2) in subsection (c)(2)(A)(ii), by inserting ``(which may include respite care for caregivers of individuals with an autism spectrum disorder)'' after ``services and supports''; (3) in subsection (e)(1)(B)(v), by inserting before the semicolon the following: ``, which may include collaborating with research centers or networks to provide training for providers of respite care (as defined in section 2901)''; (4) in subsection (f), by striking ``grants or contracts'' and all that follows through ``for individuals with'' and inserting ``grants or contracts, which may include grants or contracts to research centers or networks, to determine the evidence-based practices for interventions to improve the physical and behavioral health of individuals with''; and (5) in subsection (g), by striking ``2014'' and inserting ``2019''. SEC. 5. INTERAGENCY AUTISM COORDINATING COMMITTEE. Section 399CC of the Public Health Service Act (42 U.S.C. 280i-2) is amended-- (1) in subsection (b)-- (A) in paragraph (1)-- (i) by striking ``and annually update''; and (ii) by striking ``intervention'' and inserting ``interventions, including school and community-based interventions''; (B) by striking paragraph (2); (C) by redesignating paragraph (1) as paragraph (2), and inserting before such redesignated paragraph the following: ``(1) monitor autism spectrum disorder research, and to the extent practicable services and support activities, across all relevant Federal departments and agencies, including coordination of Federal activities with respect to autism spectrum disorder;''; (D) in paragraph (3), by striking ``recommendations to the Director of NIH''; (E) in paragraph (4), by inserting before the semicolon the following: ``, and the process by which public feedback can be better integrated into such decisions''; and (F) by striking paragraphs (5) and (6) and inserting the following: ``(5) develop a strategic plan for the conduct of, and support for, autism spectrum disorder research, including as practicable for services and supports, for individuals with an autism spectrum disorder and the families of such individuals, which shall include-- ``(A) proposed budgetary requirements; and ``(B) recommendations to ensure that autism spectrum disorder research, and services and support activities to the extent practicable, of the Department of Health and Human Services and of other Federal departments and agencies are not unnecessarily duplicative; and ``(6) submit to Congress and the President-- ``(A) an annual update on the summary of advances described in paragraph (2); and ``(B) an annual update to the strategic plan described in paragraph (5), including any progress made in achieving the goals outlined in such strategic plan.''; (2) in subsection (c)-- (A) in paragraph (1)-- (i) by striking the paragraph designation, the heading, and the matter preceding subparagraph (A) and inserting the following: ``(1) Federal membership.--The Committee shall be composed of the following Federal members--''; (ii) in subparagraph (C)-- (I) by inserting ``, such as the Administration for Community Living, Administration for Children and Families, the Centers for Medicare & Medicaid Services, the Food and Drug Administration, and the Health Resources and Services Administration'' before the semicolon at the end; and (II) by adding at the end ``and''; (iii) in subparagraph (D)-- (I) by inserting ``and the Department of Defense'' after ``Department of Education''; and (II) by striking at the end ``; and'' and inserting a period; and (iv) by striking subparagraph (E); (B) in paragraph (2)-- (i) in the paragraph heading, by striking ``Additional'' and inserting ``Non-federal''; (ii) in the matter preceding subparagraph (A), by striking ``Not fewer than 6 members of the Committee, or \1/3\ of the total membership of the Committee, whichever is greater'' and inserting ``Not more than \1/2\, but not fewer than \1/3\, of the total membership of the Committee''; (iii) in subparagraph (A), by striking ``one such member shall be an individual'' and inserting ``two such members shall be individuals''; (iv) in subparagraph (B), by striking ``one such member shall be a parent or legal guardian'' and inserting ``two such members shall be parents or legal guardians''; and (v) in subparagraph (C), by striking ``one such member shall be a representative'' and inserting ``two such members shall be representatives''; and (C) by adding at the end the following: ``(3) Period of appointment; vacancies.-- ``(A) Period of appointment for non-federal members.--Non- Federal members shall serve for a term of 4 years, and may be reappointed for one or more additional 4-year terms. ``(B) Vacancies.--A vacancy on the Committee shall be filled in the manner in which the original appointment was made and shall not affect the powers or duties of the Committee. Any member appointed to fill a vacancy for an unexpired term shall be appointed for the remainder of such term. A member may serve after the expiration of the member's term until a successor has been appointed.''; (3) in subsection (d)-- (A) by striking paragraph (2); and (B) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and (4) in subsection (f), by striking ``2014'' and inserting ``2019''. SEC. 6. REPORTS. Section 399DD of the Public Health Service Act (42 U.S.C. 280i-3) is amended-- (1) in the section heading, by striking ``report'' and inserting ``reports''; (2) in subsection (b), by redesignating paragraphs (1) through (9) as subparagraphs (A) through (I), respectively, and realigning the margins accordingly; (3) by redesignating subsections (a) and (b) as paragraphs (1) and (2), respectively, and realigning the margins accordingly; (4) by inserting after the section heading the following: ``(a) Progress Report.--''; (5) in subsection (a)(1) (as so redesignated)-- (A) by striking ``2 years after the date of enactment of the Combating Autism Reauthorization Act of 2011'' and inserting ``4 years after the date of enactment of the Autism CARES Act of 2014''; (B) by inserting ``and the Secretary of Defense'' after ``the Secretary of Education''; and (C) by inserting ``, and make publicly available, including through posting on the Internet Web site of the Department of Health and Human Services,'' after ``Representatives''; and (6) in subsection (a)(2) (as so redesignated)-- (A) in subparagraph (A), (as so redesignated), by striking ``Combating Autism Act of 2006'' and inserting ``Autism CARES Act of 2014''; (B) in subparagraph (B) (as so redesignated), by striking ``particular provisions of Combating Autism Act of 2006'' and inserting ``amendments made by the Autism CARES Act of 2014''; (C) by striking subparagraph (C) (as so redesignated), and inserting the following: ``(C) information on the incidence and prevalence of autism spectrum disorder, including available information on the prevalence of autism spectrum disorder among children and adults, and identification of any changes over time with respect to the incidence and prevalence of autism spectrum disorder;''; (D) in subparagraph (D) (as so redesignated), by striking ``6-year period beginning on the date of enactment of the Combating Autism Act of 2006'' and inserting ``4-year period beginning on the date of enactment of the Autism CARES Act of 2014 and, as appropriate, how this age varies across population subgroups''; (E) in subparagraph (E) (as so redesignated), by striking ``6-year period beginning on the date of enactment of the Combating Autism Act of 2006'' and inserting ``4-year period beginning on the date of enactment of the Autism CARES Act of 2014 and, as appropriate, how this age varies across population subgroups''; (F) in subparagraph (F) (as so redesignated), by inserting ``and, as appropriate, on how such average time varies across population subgroups'' before the semicolon at the end; (G) in subparagraph (G) (as so redesignated)-- (i) by striking ``including by various subtypes,'' and inserting ``including by severity level as practicable,''; and (ii) by striking ``child may'' and inserting ``child or other factors, such as demographic characteristics, may''; and (H) by striking subparagraph (I) (as so redesignated), and inserting the following: ``(I) a description of the actions taken to implement and the progress made on implementation of the strategic plan developed by the Interagency Autism Coordinating Committee under section 399CC(b).''; and (7) by adding at the end the following new subsection: ``(b) Report on Young Adults and Transitioning Youth.-- ``(1) In general.--Not later than 2 years after the date of enactment of the Autism CARES Act of 2014, the Secretary of Health and Human Services, in coordination with the Secretary of Education and in collaboration with the Secretary of Transportation, the Secretary of Labor, the Secretary of Housing and Urban Development, and the Attorney General, shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, a report concerning young adults with autism spectrum disorder and the challenges related to the transition from existing school-based services to those services available during adulthood. ``(2) Contents.--The report submitted under paragraph (1) shall contain-- ``(A) demographic characteristics of youth transitioning from school-based to community-based supports; ``(B) an overview of policies and programs relevant to young adults with autism spectrum disorder relating to post- secondary school transitional services, including an identification of existing Federal laws, regulations, policies, research, and programs; ``(C) proposals on establishing best practices guidelines to ensure-- ``(i) interdisciplinary coordination between all relevant service providers receiving Federal funding; ``(ii) coordination with transitioning youth and the family of such transitioning youth; and ``(iii) inclusion of the individualized education program for the transitioning youth, as prescribed in section 614 of the Individuals with Disabilities Education Act (20 U.S.C. 1414); ``(D) comprehensive approaches to transitioning from existing school-based services to those services available during adulthood, including-- ``(i) services that increase access to, and improve integration and completion of, post-secondary education, peer support, vocational training (as defined in section 103 of the Rehabilitation Act of 1973 (29 U.S.C. 723)), rehabilitation, self-advocacy skills, and competitive, integrated employment; ``(ii) community-based behavioral supports and interventions; ``(iii) community-based integrated residential services, housing, and transportation; ``(iv) nutrition, health and wellness, recreational, and social activities; ``(v) personal safety services for individuals with autism spectrum disorder related to public safety agencies or the criminal justice system; and ``(vi) evidence-based approaches for coordination of resources and services once individuals have aged out of post-secondary education; and ``(E) proposals that seek to improve outcomes for adults with autism spectrum disorder making the transition from a school-based support system to adulthood by-- ``(i) increasing the effectiveness of programs that provide transition services; ``(ii) increasing the ability of the relevant service providers described in subparagraph (C) to provide supports and services to underserved populations and regions; ``(iii) increasing the efficiency of service delivery to maximize resources and outcomes, including with respect to the integration of and collaboration among services for transitioning youth; ``(iv) ensuring access to all services necessary to transitioning youth of all capabilities; and ``(v) encouraging transitioning youth to utilize all available transition services to maximize independence, equal opportunity, full participation, and self- sufficiency.''. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. Section 399EE of the Public Health Service Act (42 U.S.C. 280i-4) is amended-- (1) in subsection (a), by striking ``fiscal years 2012 through 2014'' and inserting ``fiscal years 2015 through 2019''; (2) in subsection (b), by striking ``fiscal years 2011 through 2014'' and inserting ``fiscal years 2015 through 2019''; and (3) in subsection (c), by striking ``$161,000,000 for each of fiscal years 2011 through 2014'' and inserting ``$190,000,000 for each of fiscal years 2015 through 2019''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was passed by the House on June 24, 2014. Autism Collaboration, Accountability, Research, Education, and Support Act of 2014 or the Autism CARES Act of 2014 - (Sec. 2) Requires the Secretary of Health and Human Services (HHS) to designate an official to oversee national autism spectrum disorder (ASD) research, services, and support activities. Directs the official to implement such activities taking into account the strategic plan developed by the Interagency Autism Coordinating Committee (the Interagency Committee) and ensure that duplication of activities by federal agencies is minimized. Extends through FY2019: (1) the developmental disabilities surveillance and research program; (2) the autism education, early detection, and intervention program; and (3) the Interagency Committee. (Sec. 3) Includes support for regional centers of excellence in ASD and other developmental disabilities epidemiology as a purpose of grants or cooperative agreements. (Sec. 4) Requires information and education activities to be culturally competent. Allows a lead agency coordinating activities at the state level to include respite care for caregivers. Allows the use of research centers or networks for the provision of training in respite care and for research to determine practices for interventions to improve the health of individuals with ASD. (Sec. 5) Revises responsibilities of the Interagency Committee concerning: inclusion of school- and community-based interventions in the Committee summary of advances, monitoring of ASD research and federal services and support activities, recommendations to the Director of the National Institutes of Health regarding the strategic plan, recommendations regarding the process by which public feedback can be better integrated into ASD decisions, strategic plan updates and recommendations to minimize duplication, and reports to the President and Congress. Revises Interagency Committee membership requirements to specify additional federal agencies that might be represented and to modify the non-federal membership. (Sec. 6) Modifies requirements for reports by the Secretary on ASD activities. Adds a requirement for a report to Congress concerning young adults with ASD and the challenges related to the transition from existing school-based services to those available during adulthood. (Sec. 7) Authorizes appropriations to carry out the developmental disabilities surveillance and research program, the education, early detection, and intervention program, and the Interagency Committee for FY2015-FY2019.

{"src": "billsum_train", "title": "Autism Collaboration, Accountability, Research, Education, and Support Act of 2014"}